Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part VII - Fish and Other Aquatic Life
Chapter 9 - Aquaculture
Section VII-901 - Triploid Grass Carp (TGC)
Universal Citation: LA Admin Code VII-901
Current through Register Vol. 50, No. 9, September 20, 2024
A. General Provisions
1. No person, firm, or corporation
shall at any time possess, sell or cause to be transported into this state,
triploid grass carp (TGC) (Ctenopharyngodon idella), except in
accordance with and in compliance with this Section.
B. Triploid Grass Carp (TGC) Possession and Transport Permit
1. General Rules for TGC
Possession and Transportation Permit
a. No
person shall stock private waterbodies in the state of Louisiana without a TGC
Possession and Transport Permit.
b.
No person shall import, transport and/or purchase TGC to be brought into the
state unless such fish are certified as TGC by the U.S. Fish and Wildlife
Service or a qualified agent or contractor approved by the
department.
c. No person shall
import, transport or possess fingerlings less than six inches in total length,
eggs, or fry within the state.
d.
Permits are not transferable from person to person or from site location to
site location.
e. Permittee shall
provide an adequate number of TGC to the department, at no cost to the
department, upon request, to verify ploidy. The permittee shall agree to allow
department officials or a department approved contractor to conduct unannounced
random inspections of the transport vehicle, property, waterbody site, and
fish.
f. Department officials may
be accompanied by other persons during these inspections. The department or its
agents have the right to remove or take fish samples for analysis and/or
inspection.
g. Permittee is
responsible for criminal penalties or civil damages caused by any
escapement.
h. In cases of
mortality or unavoidable loss, restocking will be permitted as long as permit
is still valid.
i. If a permittee
terminates the use of TGC in the permitted waterbody, the permittee shall
notify the department immediately and dispose of the TGC according to methods
approved by the department.
j. In
addition to all other legal remedies, failure to comply with any of the
provisions in this Section shall be just cause to immediately suspend and/or
revoke the permittee's permit. All TGC shall be destroyed at permittee's
expense under the department's supervision within 30 days of permit revocation.
Violation of any of the provisions of the permit constitutes a Class Four
violation in accordance with
R.S.
56:319.E
k. Any permittee charged with violation of
this Section may make a written response to the alleged violation(s) to the
secretary, and may request a hearing to review the alleged
violation(s).
l. Universities and
public entities conducting research approved by or in conjunction with the
department shall be exempt from fee charges.
2. Application Procedure for a TGC Possession
and Transport Permit
a. Individuals wishing to
import or possess live TGC in Louisiana, but not sell them, must apply for a
TGC Possession and Transport Permit from the department for a fee of $50. TGC
Possession and Transport Permittees do not need to possess a Domesticated
Aquatic Organism License.
b. The
TGC Possession and Transport Permit shall be valid for one year from date of
purchase.
c. Permittees may stock
up to the recommended 10 fish per acre of water. Request to stock more than 500
fish must be approved by the department through site visitations by a
department representative. Fisheries staff of the Louisiana Cooperative
Extension Service or other qualified fisheries professional(s) approved by the
department may be used as a substitution for departmental site visit.
3. Requirements for transporting
and stocking of TGC in private water bodies.
a. Permittee must have in his immediate
possession and available upon demand by department representatives, a TGC
Possession and Transportation Permit when importing, transporting and/or
purchasing live TGC within the state.
b. A bill of lading must accompany those
individuals in possession of live TGC during transportation and shall include:
i. source of TGC (hatchery);
ii. name, address, and phone number of
seller;
iii. name, address, and
phone number of buyer;
iv. copy of
triploid certification;
v. total
number of fish;
vi. destination of
shipment.
c. No person
shall stock private waters without a valid TGC Possession and Transportation
Permit.
d. Permittee is responsible
for containing TGC in his private waterbody.
e. This permit does not authorize the
permittee to stock TGC in public waterbodies of the state. Release of any fish
into the waters of the state is strictly prohibited, except as provided in
Subsection D.
C. TGC Sales Permit
1. Request Procedure for a TGC Sales Permit
a. Individuals wishing to sell live TGC in
the state must first obtain a TGC Sales Permit through an application furnished
by the department.
b. The TGC Sales
Permit shall be valid for one year beginning January 1 and ending December 31
of that same calendar year. The permit may be purchased at any time during the
year for the current permit year and beginning November 15 for the immediately
following permit year. The cost of a TGC Sales Permit is $100.
c. An annual report detailing each sales
transaction, including name and address of permitted buyer, permit number,
date, and number of TGC sold must be submitted with permit renewal application.
Reports should be sent to the Louisiana Department of Wildlife and Fisheries,
Fisheries Permit Manager by emailing fisheriespermits@wlf.la.gov or by mail:
Louisiana Department of Wildlife and Fisheries
Fisheries Permit Manager
P.O. Box 98000
Baton Rouge, LA 70898-9000
2. Requirement for TGC Sales Permit
a. No person shall import or cause to be
imported into the state of Louisiana TGC unless certified as TGC by the U.S.
Fish and Wildlife Service or a qualified agent or contractor approved by the
department. Such certification must be furnished to and approved by the
department prior to importing of any fish into the state of Louisiana for
stocking.
b. A TGC seller must
possess a valid domestic aquatic organism license.
c. The person shall ship TGC with the words
"TRIPLOID GRASS CARP" prominently on at least two sides of the vehicle or
hauling tank with block letters that are not less than four inches
high.
d. A TGC seller is bound by
the TGC possession and transportation regulations as stipulated in LAC
76:VII.901.B; except that:
i. the TGC Sales
Permit serves in lieu of the TGC Possession and Transportation
Permit;
ii. the holders of a TGC
Sales Permit may only sell live TGC to holders of a valid TGC Possession and
Transportation Permit or a TGC Sales Permit;
iii. no person shall sell more than 500 TGC
to an individual possessing a valid TGC Possession and Transportation Permit
unless otherwise stipulated by the department in the permit.
e. A TGC seller shall notify the
department at the designated telephone number (1-800-442-2511) of shipments of
live TGC to permitted buyers at least 24 hours prior to shipment. Notification
shall include seller's permit number, buyer's name, address, buyer's permit
number, number of fish, destination of shipment, and date.
f. In addition to all other legal remedies,
failure to comply with any of the provisions in this Section shall be just
cause to immediately suspend and/or revoke the permittee's permit. All TGC
shall be destroyed at permittee's expense under the department 's supervision
within 30 days of permit revocation. Violation of any of the provisions of the
permit constitutes a class four violation in accordance with
R.S.
56:319.E
D. Requirements for Stocking TGC in Public (state or local) Waterbodies
1. No person
shall release TGC into the public waters of Louisiana without written approval
of the secretary or designee. Individuals, organizations, and local governments
may request, in writing, that they be allowed to stock TGC in public waters.
The department shall review the request, and if approved, shall provide written
approval signed by the secretary or designee.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:318, R.S. 56:319 and R.S. 56:319.1.
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