Louisiana Administrative Code
Title 51 - PUBLIC HEALTH-SANITARY CODE
Part IX - Marine and Fresh Water Animal Food Products
Chapter 1 - Shellfish Growing Areas
Section IX-145 - Permit Required for Relaying [formerly paragraph 9:004-2]
Universal Citation: LA Admin Code IX-145
Current through Register Vol. 50, No. 9, September 20, 2024
A. Permits are required prior to performing any relaying at the discretion of the Department of Health, Office of Public Health under the following restrictions.
1. No
permittee or boat captain 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 or boat 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. Should environmental
conditions in the growing area used for relay exceed the limits of
classification of the growing area, the relay area shall be closed along with
all other affected growing area. The minimum 14-day treatment time shall only
be during the time that relay area is characterized by water temperatures and
salinity units that are within critical limits.
3. Shellfish harvested for relaying purposes
from restricted waters shall not be laid down within 500 feet of any adjoining
lease where shellfish may be taken for sale as food during the active period of
the relay permit.
4. Sacking of
shellfish, storage of empty shellfish sacks on board permitted or authorized
relaying vessels and/or the direct marketing of shellfish taken from waters not
approved for that purpose by the state health officer shall be strictly
prohibited.
5. Culling of shellfish
shall be permitted only when container relaying is practiced and written
authorization is obtained from the Department of Health a.
6. Only two leases in the restricted area and
approved bedding area, each pre-approved by the Department of Health, shall be
utilized in the relaying of shellfish.
a.
Shellfish relayed from a restricted area of a public oyster seed ground will be
allowed at the discretion of the Louisiana Department of Wildlife and Fisheries
(LDWF) only during the open oyster season. Shellstock from the public oyster
seed ground will be allowed to be bedded on only two approved leases which will
be pre-approved by the Department of Health. Relaying from a public oyster seed
ground area shall be for the purpose of moving the live oyster resource. The
removal of excessive amounts of nonliving reef material in relay loads shall
result in the forfeiture of the relay permit and/or the closure of the public
oyster seed ground area to transplanting. Permit-holders shall allow on-board
inspection and sampling of relay loads by the LDWF.
7. The permittee shall be responsible for
notifying the Department of Wildlife and Fisheries prior to leaving port to
relay shellfish and immediately upon returning from the permitted trip each
day. The Department of Wildlife and Fisheries shall be notified by calling
(800) 442-2511.
8. All leases shall
be "red flagged" so that they may be easily spotted by both aircraft and boats.
"Red flagged" as used in this Paragraph, means that the four outside corners of
the lease must be marked with poles with red flags attached.
9. All activities relative to the relaying of
shellfish shall be permitted only during daylight hours with all activities
completed no later than 30 minutes after official sunset. Applicants may apply
for a written exemption to this requirement when the distance between the
restricted area and bedding area is such that compliance is not
possible.
10. Both sides of the
permitted vessel shall be marked with 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 vessel in the immediate vicinity.
11. A copy of the complete relay permit and
applicable rules shall be on board each authorized vessel at all times during
the active period of the relay permit.
12. The harvesting of shellfish for relaying
purposes within 150 feet of any sewage discharge point emanating from any camp,
home, or other habitable structure shall be prohibited.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5 (2)(3)(5)(7)(15), and R.S. 40:5.3.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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