La. Admin. Code tit. 76 § VII-915

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-915 - Aquarium Livestock

A. The following species or groups of species have been approved for commercial culture in Louisiana. Any questions on whether a species fits into the categories below should be directed to the Fisheries Permit Manager.

1. "Bristlenose Catfish": Ancitrus sp.

2. African Rift Lake Cichlids from the Cichlidae family, tribe Haplochromini

3. Fancy Guppy (Poecilia reticulata)

B. Individuals or organizations wishing to import, export, transport, dispose, or transfer live Aquarium Livestock for commercial culture and rearing in Louisiana must first request an Aquarium Livestock permit from the LDWF Fisheries Permit Manager. A separate permit will be required for each facility or location. Retail stores or wholesalers who are not actively breeding or growing Aquarium Livestock and home aquarists who are not selling commercially are all exempt from obtaining an Aquarium Livestock permit as outlined in LAC:76:VII.915.

1. Applications for 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

2. The completed applications should 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.

3. 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 for an Aquarium Livestock permit. The Fisheries Permit Manager will then recommend to the secretary if the applicant's request should be approved or denied.

4. 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 of Aquarium Livestock Culture

1. It shall be the responsibility of the permittee to immediately notify the secretary or designee of any Aquarium Livestock 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. All aspects of the Aquarium Livestock facility must be at least 1 foot above the 100-year flood elevation. Additionally, the department may require a surface hydrological assessment of the proposed site at permittee's expense.

3. All water utilized in the culture of aquarium livestock shall be accounted for and shall be filtered, screened, and/or sterilized prior to leaving the culture and the permittee's property in such a manner as the department deems adequate to prevent any possibility of escape from the system.

4. All aspects of the Aquarium Livestock culture system and processing shall be completely enclosed so that predation from birds, mammals, amphibians, and reptiles is precluded.

5. A means to dispose of Aquarium Livestock through chlorination, desiccation, or other appropriate methods in the event of an emergency must be included as a component of any department approved system.

6. The department will have just cause to revoke an Aquarium Livestock permit for lapses in security if the permittee is found to be in noncompliance with LAC 76:VII.915.C.1.

7. 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.

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

a. Domesticated Aquatic Organism License.

9. The cost of an Aquarium Livestock 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 every year. Any permit issued after November 15 will be valid for the remainder of that calendar year and the following calendar year.

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

11. No person may release live Aquarium Livestock or eggs into the waters of Louisiana (whether public or private) without LDWF Secretarial Approval.

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

13. Records of all Aquarium Livestock processed over the previous five years shall be kept at the culture facility and shall include the following information:

a. source of fish;

b. import and export quantities including information of who purchased or supplied the Aquarium Livestock; and

c. date of all transactions.

14. 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 the request.

15. Any time a new species, hybrid or type is added into the facility, the applicant must contact the Fisheries Permit Manager for approval prior to importation of the species into their facility.

16. The department shall be overseer of all escape incidents and may implement or require to be implemented whatever measures deemed necessary to contain, kill, or recapture fish. The permittee shall agree to reimburse the department for all costs including, but not limited to, man hours and materials utilized during these corrective actions. In order to assure the secretary that the permittee will fulfill their financial obligations, the Aquarium Livestock permittee shall post a $25,000 performance bond, or present a letter of credit from a financial institution stating that the $25,000 is available to the department on a certificate of deposit.

17. If a permittee terminates Aquarium Livestock culture, the permittee shall notify the secretary or designee immediately and dispose of the Aquarium Livestock according to methods approved by the department.

18. 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 Aquarium Livestock shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation.

19. 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-915

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 471345 (9/1/2021), Amended LR 48510 (3/1/2022).

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