La. Admin. Code tit. 76 § VII-913

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-913 - Coldwater Trout

A. The following coldwater trout species have been approved for commercial culture in Louisiana. Any questions on a species should be directed to the fisheries permit manager:

1. brown trout (Salmo trutta);

2. rainbow trout (Oncorhynchus mykiss).

B. Coldwater Trout Permit Request Procedures

1. Individuals or organizations wishing to import, export, transport, culture, dispose, or transfer live coldwater trout for aquaculture in Louisiana must first request a coldwater trout permit from LDWF fisheries permit manager. A separate permit will be required for each facility or location. This permit is not needed for stocking into public or private waters, and persons interested in stocking coldwater trout should contact the fisheries permit manager to request a special stocking permit.

2. Applications for coldwater trout permits may be obtained by contacting the fisheries permit manager via emailing fisheriespermits@wlf.la.gov or by mail:

Louisiana Department of Wildlife and Fisheries

Fisheries Permit Manager

P.O. Box 98000

Baton Rouge, LA 70898-9000

3. The completed applications must be returned to the same address whereby the fisheries permit manager will review the application. Department personnel or a department approved contractor will then make an on-site inspection of the property and culture system. The department may charge the applicant for any associated costs to perform the inspection.

4. After the on-site inspection has been completed, the fisheries permit manager will make a final determination as to whether the applicant is in full compliance with all rules pursuant to the coldwater trout permit. The fisheries permit manager will then make a recommendation of approval or denial of the applicant's request to the secretary or designee.

5. The fisheries permit manager will notify the applicant, in writing, as to whether or not the permit has been granted. In the event that the permit is denied, the fisheries permit manager shall include written reasons for that determination. Applicant may reapply after correcting specified deficiencies noted in letter of denial.

C. Rules on Transport of Live Coldwater Trout

1. For each occurrence of live coldwater trout importation into Louisiana from out of state, or live transfer within the state, the permittee must obtain, in writing, approval from the fisheries permit manager. These requests shall be made no less than two business days before the expected date of shipment.

a. Requests shall be made via email to fisheriespermits@wlf.la.gov.

b. Requests shall include:

i. Louisiana coldwater trout permit number;

ii. date of transport;

iii. total number of coldwater trout;

iv. identification of seller and buyer and any permit numbers from the jurisdiction of origin to the jurisdiction of destination in which they are coming from;

v. a certificate of health from a veterinarian or other certified expert stating that coldwater trout are not showing visible signs of diseases or parasites. The facility and delivery vehicle shall be free of diseases, parasites or other organisms such as Didymosphenia geminate (commonly known as didymo or "rock snot").

D. Rules of Coldwater Trout Culture

1. It shall be the responsibility of the permittee to immediately notify the secretary or designee of any coldwater trout that leave the facility for any reason other than those specifically identified and allowed for under their current permit, including but not limited to, accidental releases due to weather related events, vandalism, and theft.

2. The department will have just cause to revoke a coldwater trout permit for lapses in security if the permittee is found to be in noncompliance with LAC 76:VII.913.D.1.

3. The applicant must agree to allow department officials or a department approved contractor, at the applicant's expense, to conduct unannounced random inspections of the transport vehicle, property culture system, and fish. Department officials may request other officials to accompany them during these inspections. Additionally, those individuals performing these inspections may remove or take fish samples for analysis and/or inspection.

4. In order for the permit to be valid, the following licenses are required as a prerequisite:

a. Domesticated Aquatic Organism License.

5. The cost of a coldwater trout permit shall be $100 and may include the actual cost of the on-site inspection. Universities and other facilities conducting research approved by the department shall be exempt from the fee charge. Permits expire on December 31 of every year. Any permit issued after November 15, will be valid for the remainder of that calendar year and the following calendar year.

6. Permits are not transferable from person to person, or property to property.

7. Transfer of fish between Louisiana coldwater trout permittees within the state of Louisiana must be approved prior to shipment as described in LAC 76:VII.913.C.1. above.

8. No person may release live coldwater trout, fish, or eggs into the waters of Louisiana (whether public or private) without LDWF secretarial approval.

9. Permittee must agree to collect and provide an adequate number of coldwater trout to the department or a department approved contractor upon request for identification and analysis at the permittee's expense.

10. Records for the previous five years shall be kept at the facility of all coldwater trout processed at a culture facility and shall include the following information:

a. source of fish;

b. processed pounds of fish; and

c. date fish processed.

11. A copy of this information shall be sent annually to the fisheries permit manager at the end of each year prior to permit renewal, or at any time upon request.

12. If a permittee terminates coldwater trout culture, the permittee shall notify the secretary or designee immediately and dispose of the coldwater trout according to methods approved by the department.

13. In addition to all other legal remedies, including provisions of R.S. 56:319.E, failure to comply with any of the provisions herein shall be just cause to immediately suspend and/or revoke the permittee's permit. All coldwater trout shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation.

14. Any permittee allegedly in violation of the above rules has a right to make a written response of the alleged violation(s) to the secretary requesting a hearing to review the alleged violation(s) within five days.

La. Admin. Code tit. 76, § VII-913

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 471344 (9/1/2021), Amended LR 48510 (3/1/2022), Amended LR 482607 (10/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:318 and R.S. 56:319.