The Louisiana
Wildlife and Fisheries Commission passed a notice of intent
at its Aug. 7, 2008 meeting to enact rules for the oyster
seed ground vessel permit.
The proposed
rule would implement Act 922 of the 2008 Regular Session of
the Louisiana Legislature (R.S. 56:433.1), which established
that any oysters taken from the public natural reefs or the
oyster seed grounds or reservations, except those in Calcasieu
Lake or Sabine Lake, shall be placed only on a vessel which
has an oyster seed ground vessel permit issued exclusively
by the department. Per statute, the oyster seed ground vessel
permit requirement will be applicable to license year 2009
and thereafter and shall become null and void and of no effect
beginning on Nov. 15, 2013.
Specifics
of the Notice of Intent are as follows:
A. Policy.
For license year beginning 2009 any oysters taken from the
public natural reefs or the oyster seed grounds or reservations,
except those in Calcasieu Lake or Sabine Lake, shall be placed
only on a vessel which has an oyster seed ground permit issued
exclusively by the department. The permit does not grant any
rights to the oyster resource or any rights to harvest oysters
from the waters of the state and shall not be sold, exchanged,
or otherwise transferred. No new applications for vessel permits
shall be accepted after Dec. 31, 2009. The permit shall be
valid for up to one calendar year beginning on Jan. 1 and
ending on Dec. 31 of the same year, but may be made available
for purchase beginning on Nov. 15 for the immediately following
license year. The cost per permit shall be $15 for residents
and $60 for non-residents.
B. Eligibility.
Only vessel owners meeting the eligibility requirements outlined
in R.S. 56:433.1 shall be issued a permit. Permit applicants
must provide to the Licensing Section of the department proof
of vessel ownership by submitting the current certificate
of registration or certificate of documentation with the U.S.
Coast Guard (USCG) to the Licensing Section of the department.
C. Proof
of Participation: In addition to the requirement in Subsection
B herein, applicants must meet either paragraph 1, 2 or 3
below to be issued a permit:
1.
Applicant owned a vessel that was properly licensed and
registered in applicant’s name during a time in which
department trip ticket records demonstrate that the vessel
had oyster landings in the state of Louisiana between Jan.
1, 2004 and May 31, 2007.
2.
For applicants who purchased or constructed a vessel and
licensed that vessel for commercial fishing in the state
of Louisiana between Jan. 1, 2004 and April 30, 2008, and
department trip ticket records demonstrate that oysters
were landed on that vessel in the state of Louisiana between
the time of the vessel's purchase or construction and July
1, 2008.
3.
For applicants with a newly constructed vessel or a vessel
under construction, the vessel has not been previously registered
in any state or foreign country or issued a USCG documentation
number, and the applicant presents to the Licensing Section
of the Department:
a.
A signed, dated, and notarized verification from a marine
surveyor qualified and accredited by the National Society
of Marine Surveyors (NAMS) or the Society of Accredited
Marine Surveyors (SAMS) that construction of the vessel
for which the permit will be issued was at least 50 percent
complete by July 1, 2008 or,
b.
A signed, dated, and notarized verification from the corporation
that built the vessel that construction of the vessel
for which the permit will be issued was at least 50 percent
complete by July 1, 2008.
D. Applications.
Applications for the initial permit shall only be accepted
by the department from such persons who meet eligibility requirements
as outlined in R.S. 56:433.1 and this rule. Applications shall
only be made on forms supplied by the department. No new applications
for vessel permits shall be accepted after Dec. 31, 2009.
Only permit holders who held a valid permit during the prior
year shall be eligible to purchase a permit for the following
license year.
E. Operations
1. Permits
are non-transferable and only the vessel listed on the permit
can be used with the permit and only one vessel is allowed
per permit. The original valid permit must be on board at
all times while operating under the permit.
2.
Permits cannot be assigned or transferred or used by any
other vessel than the one to which permit was issued.
3.
Vessels engaged in an activity for which this permit is
required must have onboard the vessel the valid original
permit and shall show the permit upon demand to a duly authorized
agent of the department.
F. Appeals.
An applicant may appeal a decision of the department denying
a permit to the Oyster Seed Ground Vessel Permit Appeals Board.
An appeal must be received by the department no later than
30 days after the date of denial by the department on a form
prescribed by the department. The appeal must include a statement
as to why the applicant believes the department incorrectly
determined the applicant ineligible for the permit or why
the applicant is entitled to a permit based on a determination
of hardship. The appeal shall include any documentation in
support thereof.
1.
The board’s decision shall be limited to a determination
of whether the department incorrectly determined that the
applicant was ineligible for a permit or a determination
that the applicant should be issued a permit based on determination
of hardship.
2.
The board shall review all information provided and after
deliberation determine whether an applicant should be issued
a permit. A decision to issue a permit shall be upon favorable
vote of the majority of the appointed members of the board.
The board shall issue a written decision which clearly states
the rationale for the decision.
3.
The board shall make a decision within 60 days of the date
of appeal.
G. Enforcement.
The taking of oysters from public natural reefs or oyster
seed grounds or reservations without an oyster seed ground
permit is a class 2 violation and upon conviction will require
use of a vessel monitoring system for that vessel.
Interested
persons may submit written comments on the proposed rule to
Karen Foote, Administrator, Marine Fisheries Division, Department
of Wildlife and Fisheries, Box 98000, Baton Rouge, LA 70898-9000
no later than 4:30 p.m., Oct. 2, 2008.
