Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part VII - Fish and Other Aquatic Life
Chapter 7 - Experimental Fisheries Program
Section VII-701 - Permits
Universal Citation: LA Admin Code VII-701
Current through Register Vol. 50, No. 3, March 20, 2024
A. Purpose. Under Louisiana law, only gear which is legally sanctioned may be used in a fishery. All other types of gear require permits. These permits may be issued for the development of new fisheries, gear designed to harvest underutilized species and to persons who are interested in the development of experimental gear. The purpose of the permit system is to:
1. allow
the department to closely supervise all fisheries not sanctioned by statutory
law which may conflict with established fisheries or which may use gear
prohibited by statutory law;
2.
allow the permittee to develop experimental gear for fisheries development,
while providing information of this activity to the department for scientific
purposes.
NOTE: The following points delineate criteria used in the issuance of permits.
B. General Regulations
1. Permits will not be issued for species
which are threatened or endangered. Permits will not be issued for fisheries,
gear types or applications of otherwise legal gear which are specifically
prohibited by law unless otherwise explicitly authorized by the
secretary.
2. Possession of a
permit does not exempt the bearer from laws or regulations except for those
which may be specifically exempted by the permit. Violation of a fish or game
law which carries a Class 2 penalty or greater shall constitute a violation of
the permit.
3. Permits will be
issued only for such time to allow the department to properly evaluate the
fishery, gear or methods being used. The department may withdraw any permit
because it has a deleterious effect, may withdraw any permit in order to
conduct its own evaluation of the gear or fishery, may effect management
regulations which render any permit inoperative or may extend any permit as a
means of regulating the fishery until such time the fishery comes under
statutory laws.
4. The secretary
reserves the right to limit the number of permits issued each year. When the
number is limited, permits will be granted on a first come, first served basis.
A permit does not entitle the bearer the exclusive harvest of the
resource.
5. Information gained by
the department through the issuance of a permit is not privileged and may be
disseminated to the public.
6.
Applicants with a citation(s) pending for three years or less, which is a Class
2 fish or game violation(s) or greater shall be denied a permit until such time
as the applicant appears before department officials for the purpose of
reviewing the citation(s) issued. The secretary, after reviewing the
proceedings, may issue or deny the permit.
7. Permits shall not be issued to any
applicant who within three years of the date of his application, has been
convicted or plead guilty to a Class 2 fish or game violation or greater, as
defined in the laws pertaining to wildlife and fisheries.
8. Applicants found guilty of two or more
Class 2 fish or game violations or greater within five years of the application
date shall not receive a permit.
9.
The bearer of a permit shall report monthly the catch and effort under the
permit, even when catch or effort is zero. This report shall contain total
catch, effort, and other parameters which may be required by the department. A
report shall be received by the department no later than 30 days following the
last day of each month.
10.
Permitted vessel and permitted gear is the specific gear and vessel designated
on the permit.
11. When a permit is
issued, only the permitted specie(s) can be retained unless other provisions
are specifically stated in the permit. All other species shall be immediately
returned to waters from which they were caught. No other fish may be in the
possession of the permittee and all fish on board the permitted vessel shall
have the head and caudal fin (tail) intact.
12. The permittee shall have the permit in
possession at all times when using permitted gear or harvesting permitted
specie(s). Permit holder shall be on board permitted vessel when operating
under conditions of permit. No permit is transferable without written
permission from the department secretary.
13. When permitted gear is on board permitted
vessel or in possession of permittee, permittee and vessel are assumed to be
operating under conditions of the permit. No gear other than permitted gear may
be on board or in possession of permittee unless specifically provided for in
the permit.
14. If citation(s) are
issued to any permittee for violation of a Class 2 fish or game law or
conditions regulated by the permit, all permittee's permits shall be suspended
until such time as the permittee appears before the department's officials for
the purpose of reviewing the citation(s) issued. The secretary, after reviewing
the proceedings, may reinstate or revoke the permit, and the permittee may lose
all rights and privileges to participate in the program.
15. Any violation of the conditions of the
permit shall result in the immediate suspension of the permit and forfeiture of
the deposit and may result in the permanent revocation of the permit.
16. The department reserves the right to
observe the operations taking place under the permit at any time and permittee
shall be required to provide food and lodging on the permitted vessel for an
observer at the request of the department.
17. All permittees shall notify the
department prior to leaving port to fish under permitted conditions and
immediately upon returning from permitted trip. The department shall be
notified by calling a designated phone number.
18. If any permittee does not report monthly
as required, his permit shall be suspended. If no report is received by January
31, following suspension, the deposit is forfeited.
19. The permitted boat used in the program
shall have a distinguishing sign so that it may be identified. The sign shall
have the word "EXPERIMENTAL" printed on it 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.
C. Permit Application
1. All permits shall be valid for the
calendar year in which they are issued and expire December 31 following the
date of issuance. Any permits issued on or after November 15 of each year shall
be valid for the remainder of the current calendar year as well as the
following calendar year.
2. Each
applicant for a permit under this program will be assessed an administrative
fee of $50 prior to the issuance of the permit. Each applicant who is a
resident of Louisiana will be required to post a performance fee deposit of
$1,000 payable by cashier's check. All nonresidents shall post a performance
fee deposit of $4,000 also payable by cashier's check. These deposits are
required prior to the issuance of the permit and are valid until expiration of
the permit.
3. Permit requests for
experimental gear shall include complete descriptions of the gear and methods
used, including drawings or pictures, and the specie(s) to be fished. All
potential permittees shall send requests to the Office of Fisheries permit
manager. Proof of ownership or written permission from the owner of the
proposed permitted vessel(s) shall be provided prior to the issuance of the
permit. The person requesting a permit shall show proof that all applicable
licenses have been acquired prior to the issuance of the permit. Proof of bona
fide residency is also required prior to the issuance of the permit.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:571, R.S. 56:322.1, and R.S. 56:322.2.
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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