Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part VII - Fish and Other Aquatic Life
Chapter 5 - Oysters
Section VII-529 - Oyster Seed Ground Vessel Permit Appeals Board
Universal Citation: LA Admin Code VII-529
Current through Register Vol. 50, No. 3, March 20, 2024
A. A person whose application for an Oyster Seed Ground Vessel Permit is denied by the department may appeal the denial to the Oyster Seed Ground Vessel Appeals Board. Based upon the following procedure and requirements, the appeals board may recommend to the secretary that a permit be issued.
1. Hardship. The appeals
board may recommend issuance of an Oyster Seed Ground Vessel Permit based on a
decision of hardship.
a. An applicant
submitting an appeal based upon the denial of an initial application submitted
on or before December 31, 2009 for a Seed Ground Vessel Permit shall
demonstrate by clear evidence that all of the following requirements have been
met.
i. The applicant legally harvested
oysters from the public seed grounds, either for market or seed, during at
least two of the license years 2004, 2005, 2006, 2007, and 2008. This evidence
may be trip ticket information or notarized written statements of two Louisiana
licensed oyster harvesters.
ii. If
the applicant is an individual, the applicant shall have held a Louisiana
Commercial Fishing License and a Louisiana Oyster Harvester's License for at
least two of the license years 2004, 2005, 2006, 2007, and 2008.
iii. One of the following conditions
prevented the applicant's ability to otherwise meet the statutory eligibility
requirements for a permit:
(a). divorce
proceeding;
(b). bankruptcy or bank
foreclosure;
(c). dissolution of an
oyster harvesting business partnership;
(d). applicant's former or current vessel was
the subject of a lawsuit;
(e).
military service;
(f). serious
medical condition or death;
(g).
applicant's former or current vessel was damaged or destroyed in a fire,
natural disaster, sinking, or other accident.
b. An applicant submitting an appeal based
upon the denial of a renewal or re-issuance permit application, shall provide
clear evidence that one of the following prevented the applicant from otherwise
meeting the eligibility requirements for a renewal or re-issuance permit:
i. military service;
ii. serious medical condition or
death;
iii. applicant's former or
current vessel was damaged or destroyed in a fire, natural disaster, sinking,
or other accident.
2. Eligibility. The appeal application for a
permit based upon eligibility must set forth in detail the facts the applicant
is contending meet the eligibility requirements for a permit under the
eligibility requirements provided in
R.S.
56:433.1 and the rules promulgated pursuant
thereto. The appeal application shall include the application submitted to and
denied by the department.
3. The
appeal application shall include the applicant's name, address, tax
identification or Social Security number, date of birth or date of
incorporation, and vessel registration or documentation number.
4. No other appeals shall be considered by
the board unless additional rules or regulations are developed to address
different circumstances.
5. After
consideration, the appeals board may recommend to the secretary that the
department issue a permit, but only upon affirmative vote of a majority of the
appointed members of the board.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:433.1.
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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