La. Admin. Code tit. 49, § I-1246 - Depuration-Harvesting Permit [Formerly 49:6.140]
A. Any person, firm or corporation engaging
in the business of harvesting shellfish for depuration purposes from areas not
approved by the state health officer for direct market harvesting shall be
required to have an unsuspended or unrevoked harvesting-for-depuration permit
issued by the Department of Health and Hospitals. Growing waters to be utilized
for harvesting purposes must meet or exceed the Department of Health and
Hospitals' criteria for restricted area classification. A fee of $50 shall be
charged for each 30-day permit.
B.
Harvesting-for-depuration permits shall be granted only to responsible
individuals with no recent history of illegal harvesting violations under the
following conditions.
1. No permittee, vessel
captain or crew member may serve on any vessel subject to this permit who has
been cited or found guilty of violations relative to the harvesting of
shellfish within three years of the application date; provided, however that
said permittee, crew member or vessel captain may receive a waiver of this
condition with regard to those citations which did not result in a conviction
upon the appropriate showing being made to the Department of Wildlife and
Fisheries.
2. A $5,000 cash
performance bond consisting of a bank cashier's check or money order made
payable to the Department of Health and Hospitals shall be posted by each
permittee.
3. Harvesting and
transporting of shellfish to depuration plants shall be permitted only during
daylight hours with all activities completed no later than 30 minutes after
official sunset each day.
4. The
permittee shall be responsible for notifying the Department of Wildlife and
Fisheries prior to leaving port to fish under permitted conditions and
immediately upon returning from permitted trip each day. The Department of
Wildlife and Fisheries shall be notified by calling 1-800-442-2511.
5. All leases utilized for
harvesting-for-depuration purposes shall be "red flagged" so that they may be
easily spotted by both aircraft and boat. "Red flagged", as used in this
paragraph, means that the four outside corners of a lease must be marked with
poles with red flags attached.
6.
The sacking of shellfish and the storage of empty shellfish sacks aboard
permitted vessels is prohibited.
7.
All harvesting and transporting of shellfish for delivery to a depuration plant
shall be done in the direct line of sight of a commissioned municipal, parish,
or state police officer, or bonded security guard from a state licensed agency.
The payment of the surveillance officers salary and expenses shall be the
responsibility of the permittee.
8.
A maximum of five harvest boats may be included on one permit under the
following conditions:
a. The permittee, vessel
captain and crew members shall all be held liable for rule
violations.
b. All vessels must be
in direct line of sight of state approved surveillance officer during
harvesting and transporting of shellfish to depuration plant.
c. Each permitted vessel shall have the
permit number in at least 6-inch high letters on a contrasting background so as
to be visible from low flying aircraft or from any other enforcement vessel in
the immediate area.
9.
Failure to comply with any of the permitting requirements specified in this
Section shall result in the following administrative actions:
a. The harvesting-for-depuration permit and
all permitting privileges shall be immediately suspended by the Department of
Wildlife and Fisheries or the Department of Health and Hospitals.
b. All shellfish harvested-for-depuration
purposes shall be returned to the original growing waters at permittee's
expense.
c. If said charges are
upheld in an administrative hearing, the following additional penalties shall
be imposed:
i. harvesting-for-depuration and
transplant permitting privileges shall be denied for a period of three
years;
ii. the $5,000 cash bond
posted by the permittee shall be forfeited and retained by the state.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. Any person, firm or corporation engaging in the business of harvesting shellfish for depuration purposes from areas not approved by the state health officer for direct market harvesting shall be required to have an unsuspended or unrevoked harvesting-for-depuration permit issued by the Department of Health and Hospitals. Growing waters to be utilized for harvesting purposes must meet or exceed the Department of Health and Hospitals' criteria for restricted area classification. A fee of $50 shall be charged for each 30-day permit.
B. Harvesting-for-depuration permits shall be granted only to responsible individuals with no recent history of illegal harvesting violations under the following conditions.
1. No permittee, vessel captain or crew member may serve on any vessel subject to this permit who has been cited or found guilty of violations relative to the harvesting of shellfish within three years of the application date; provided, however that said permittee, crew member or vessel captain may receive a waiver of this condition with regard to those citations which did not result in a conviction upon the appropriate showing being made to the Department of Wildlife and Fisheries.
2. A $5,000 cash performance bond consisting of a bank cashier's check or money order made payable to the Department of Health and Hospitals shall be posted by each permittee.
3. Harvesting and transporting of shellfish to depuration plants shall be permitted only during daylight hours with all activities completed no later than 30 minutes after official sunset each day.
4. The permittee shall be responsible for notifying the Department of Wildlife and Fisheries prior to leaving port to fish under permitted conditions and immediately upon returning from permitted trip each day. The Department of Wildlife and Fisheries shall be notified by calling 1-800-442-2511.
5. All leases utilized for harvesting-for-depuration purposes shall be "red flagged" so that they may be easily spotted by both aircraft and boat. "Red flagged", as used in this paragraph, means that the four outside corners of a lease must be marked with poles with red flags attached.
6. The sacking of shellfish and the storage of empty shellfish sacks aboard permitted vessels is prohibited.
7. All harvesting and transporting of shellfish for delivery to a depuration plant shall be done in the direct line of sight of a commissioned municipal, parish, or state police officer, or bonded security guard from a state licensed agency. The payment of the surveillance officers salary and expenses shall be the responsibility of the permittee.
8. A maximum of five harvest boats may be included on one permit under the following conditions:
a. The permittee, vessel captain and crew members shall all be held liable for rule violations.
b. All vessels must be in direct line of sight of state approved surveillance officer during harvesting and transporting of shellfish to depuration plant.
c. Each permitted vessel shall have the permit number in at least 6-inch high letters on a contrasting background so as to be visible from low flying aircraft or from any other enforcement vessel in the immediate area.
9. Failure to comply with any of the permitting requirements specified in this Section shall result in the following administrative actions:
a. The harvesting-for-depuration permit and all permitting privileges shall be immediately suspended by the Department of Wildlife and Fisheries or the Department of Health and Hospitals.
b. All shellfish harvested-for-depuration purposes shall be returned to the original growing waters at permittee's expense.
c. If said charges are upheld in an administrative hearing, the following additional penalties shall be imposed:
i. harvesting-for-depuration and transplant permitting privileges shall be denied for a period of three years;
ii. the $5,000 cash bond posted by the permittee shall be forfeited and retained by the state.