La. Admin. Code tit. 76 § VII-921

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

Section VII-921 - Molluscan Shellfish

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

1. eastern oysters (Crassostrea virginica).

B. Molluscan Shellfish Aquaculture Permit Request Procedures

1. Individuals or organizations wishing to import, export, transport, culture, dispose of, or transfer live molluscan shellfish for land based aquaculture in Louisiana, notwithstanding the provisions of R.S. 56:431.2 and LAC 76:VII.535, must first request a molluscan shellfish aquaculture permit from Louisiana Department of Wildlife and Fisheries (LDWF) Fisheries permit manager. A separate permit will be required for each facility or location.

2. The only molluscan shellfish allowed to be used as broodstock for placement in Louisiana waters are those from approved areas with minimal invasive species or disease concerns. All sources of imported molluscan shellfish must be approved by the LDWF Secretary or designee.

3. 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

4. A legal description of the molluscan shellfish culture facility that demonstrates/proves ownership must be submitted along with the permit request.

5. 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 may 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.

6. The fisheries permit manager will make a determination as to whether the applicant is in full compliance with all rules pursuant to the molluscan shellfish aquaculture permit. The fisheries permit manager will then make a recommendation of approval or denial of the applicant's request to the secretary or designee.

7. 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. The applicant may reapply after correcting the deficiencies specified in letter of denial.

C. Rules on Transport of Live Aquaculture Molluscan Shellfish

1. For each occurrence of live molluscan shellfish oyster importation into Louisiana from previous approved sources, the permittee must obtain, in writing, approval from LDWF Fisheries permit manager which 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 molluscan shellfish aquaculture permit number;

ii. date of transport;

iii. type, stage, and total number of molluscan shellfish;

iv. identification of seller and buyer and any permit numbers from the jurisdiction of origin to the jurisdiction of destination;

v. a certificate of health must be obtained from an expert certified by the department, using a method approved by the department for ensuring disease-free stock, stating that molluscan shellfish are not carrying diseases or parasites. The facility and delivery vehicle shall be free of diseases, parasites or other organisms.

D. Rules of Molluscan Shellfish Culture

1. The molluscan shellfish aquaculture system shall be an approved system designed in such a way that all molluscan shellfish life stages cannot escape. All of the system must be based on land.

2. It shall be the responsibility of the permittee to immediately notify the fisheries permit manager of any molluscan shellfish or any life stage 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.

3. The department will have just cause to revoke a molluscan shellfish aquaculture permit for lapses in security if the permittee is found to be in noncompliance with Paragraph D.1 of this Section.

4. 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 molluscan shellfish. Department officials may request other officials to accompany them during these inspections. Additionally, those individuals performing these inspections may remove or take molluscan shellfish samples for analysis and/or inspection.

5. The cost of a molluscan shellfish aquaculture permit shall be $100. The department may also charge for 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.

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

a. domesticated aquatic organism license.

7. 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.

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

9. Transfer of molluscan shellfish or any life stages between molluscan shellfish aquaculture permittees within the state must be approved prior to shipment as described in Paragraph B.1 of this Section.

10. No person may release or place aquaculture molluscan shellfish, larval stages, or spat into the waters of Louisiana (whether public or private) without LDWF secretarial or designee approval except when transferred to permitted alternative oyster culture permitted facilities as outlined in LAC 76:VII.535.

11. The permittee must agree to collect and provide an adequate number of molluscan shellfish to the department or a department-approved contractor upon request for identification and analysis at the permittee's expense.

12. Records for the previous five years shall be kept at the facility of all molluscan shellfish processed at a culture facility and shall include the following information:

a. source of broodstock;

b. life stages sold;

c. buyer, date of sale, and amount sold.

13. A copy of the information above 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.

14. If a permittee terminates molluscan shellfish aquaculture, the permittee shall notify the fisheries permit manager immediately and dispose of the molluscan shellfish according to methods approved by the department.

15. 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 molluscan shellfish shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation.

16. 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-921

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 482608 (10/1/2022).

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