Current through Register Vol. 50, No. 9, September 20, 2024
A. Tilapia Permit
Request Procedures
1. Individuals or
organizations wishing to import, export, transport, culture, possess, dispose,
transfer, or sell live tilapia in Louisiana must first obtain a Tilapia Culture
Permit or Tilapia Live Holding Permit from the Fisheries Permit Manager. The
following procedures will be necessary.
a.
Applications for permits may be obtained by contacting the 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
b. The completed applications should be
returned to the same address whereby the Fisheries Permit Manager will review
the application. Department personnel or a department approved contractor, at
the applicant's expense, will then make an on-site inspection of the property
and culture or live holding system.
c. After the on-site inspection has been
completed, department personnel will make a final determination as to whether
the applicant is in full compliance with all rules for a Tilapia Culture Permit
or Tilapia Live Holding Permit. Department personnel will then recommend to the
secretary or designee if the applicant's request should be approved or
denied.
d. The Fisheries Permit
Manager will notify the applicant, in writing, as to whether or not the permit
has been granted. In the event that the permit is denied, the Fisheries Permit
Manager shall include written reasons for that determination. Applicants may
reapply after correcting specified deficiencies noted in the letter of
denial.
B.
Rules on Transport of Live Tilapia
1. The
department shall be notified in writing at least 2 business days prior to
shipments of live tilapia from one Tilapia Culture Permit holder to another
Tilapia Culture Permit holder, or to a Tilapia Live Holding Permit holders
within the state, or for any shipments out-of-state in a format provided by the
department. Notification shall include the Tilapia Culture Permit number,
route, date and time(s) of transport, destination, owner of transport vehicle,
total number of each species, permit number of resident tilapia culturist or
live holder, and a copy or reference to the genetic certification of shipped
stock by species. Anyone possessing live tilapia within the state must have a
tilapia culture or live holding permit. Live tilapia showing signs of diseases
shall not be transported into or within the state of Louisiana.
2. For each occurrence of importation of
tilapia into Louisiana from out of state to a permitted resident culturist or
live holder, the permittee must obtain, in writing or by email, approval from
the department. Procedures and necessary information for obtaining approval
are:
a. requests shall be made by emailing to
the Fisheries Permit Manager at fisheriespermits@wlf.la.gov.
b. requests shall include:
i. Louisiana tilapia permit number, or a copy
of the permit;
ii. route of
transport;
iii. date of
transport;
iv. time(s) of
transport;
v.
destination;
vi. owner of transport
vehicle;
vii. species certification
made any time new fish are added to the system;
viii. total number of each species;
ix. identification of seller and
buyer.
3. A
bill of lading must accompany the live tilapia during import, export,
transport, transfer, or sale and shall include:
a. copy of the permittee's written approval
as described in LAC 76:VII.903.B.2. above;
b. date and approximate time of
shipment;
c. route of
shipment;
d. source of tilapia
(culture facility);
e. name,
address and phone number of seller;
f. name, address and phone number of
buyer;
g. identification and
certification as to species;
h.
total number of each species;
i.
destination;
j. letter from source
stating that tilapia are not showing signs of diseases;
k. display the word "TILAPIA" prominently on
at least two sides of the vehicle or hauling tank with letters that are no less
than 6 inches high.
4.
The permittee assumes all responsibility for the tilapia as soon as it enters
the state regardless of the owner of the vehicle. If multiple shipments are
contained in the vehicle, all permittees with tilapia in the vehicle are
responsible for the shipments. This includes those obligations outlined in LAC
76:VII.903.G.11.
C.
Rules for Security of Tilapia Culture or Live Holding Facility
1. Applicant must demonstrate to the
satisfaction of department officials that adequate security measures are in
place at the culture facility that will guard against vandalism and theft of
tilapia.
2. Any changes or
modification of a permitted security system must first have the approval of
department officials.
3. The
department will have just cause to revoke a tilapia permit for lapses in
security if:
a. the permittee is found to be
in noncompliance with LAC 76:VII.903.C.1 and 2 above;
b. the permittee is determined to be derelict
in maintaining the security measures that were approved for the
permit;
c. failure to take
appropriate measures when vandalism, theft, or accidental release of fish
occurs.
4. It shall be
the responsibility of the permittee to immediately notify the Fisheries Permit
Manager of any tilapia that leave the facility for any reason other than those
specifically identified and allowed for under their current permit, including
but not limited to accidental releases, theft, etc.
5. It shall be the responsibility of the
permittee to have at least one individual who is familiar with the culture
system readily available for emergencies, inspections, etc.
D. Rules of Tilapia Culture and
Live Holding Site
1. A legal description of
the tilapia culture facility site that shows ownership must be submitted along
with the permit request.
2. The
applicant must agree to allow department officials or a department approved
contractor, at the applicant's expense, to conduct unannounced random
inspections of the transport vehicle, property, culture system or live holding
system, and fish. Department officials may request other officials to accompany
them during these inspections. Additionally, those individuals performing these
inspections may remove or take fish samples for analysis and/or
inspection.
3. All aspects of the
tilapia facility must be at least 1 foot above the 100-year flood elevation.
Additionally, the department may require a surface hydrological assessment of
the proposed site at permittee's expense.
4. The department will require a live holding
contingency plan for disposal of live tilapia in the event of impending
flooding or other natural disasters.
E. Rules for the Tilapia Culture and Live
Holding System
1. Applicant must provide a
detailed narrative description, including scale drawings, of the tilapia
culture or live holding system.
2.
The tilapia culture or live holding system shall be an approved indoor system
designed such that tilapia eggs, larvae, juveniles, or adults cannot
escape.
3. Water utilized in the
culture or live holding of tilapia shall be accounted for and shall be
filtered, screened, and/or sterilized prior to leaving the culture or live
holding system and the permittee's property in such a manner as the department
deems adequate to prevent any possibility of escape from the system.
4. All aspects of the tilapia culture or live
holding system and processing shall be completely enclosed so that predation
from birds, mammals, amphibians, and reptiles is precluded.
5. A means to dispose of tilapia through
chlorination, desiccation, or other appropriate methods, in the event of an
emergency must be included as a component of any department approved live
holding system.
6. One or more
persons responsible for the operation of the live holding system must
demonstrate to the department 's satisfaction a basic knowledge and
understanding of the culture, biology, and potential local ecological impacts
of tilapia.
F. Rules for
the Processing of Tilapia
1. All tilapia and
tilapia parts other than live tilapia specifically permitted by the department
must be properly processed and killed prior to leaving the tilapia culture or
live holding facility. Tilapia must be processed using any of the following
three approved procedures:
a. chill killing
whole tilapia in an ice slurry for a period of not less than 60
minutes,
b. removal of tilapia
intestines followed by immersion of whole fish in an ice slurry for a period of
not less than two minutes,
c.
removal of head and all internal organs. All tilapia heads and internal organs
must be put in an ice slurry for a period of not less than 60 minutes or frozen
for 24 hours prior to disposal to prevent any possibility of accidental release
of fry or fertilized eggs.
2. All tilapia, other than live tilapia
specifically permitted by the department, being brought into the state from
outside the state must be dead.
3.
Records shall be kept at the location of the facility. Records shall be kept of
all tilapia processed at a culture or live holding facility for the last five
years and shall include the following information:
a. source of fish;
b. processed pounds;
c. date processed;
d. Tilapia culture facilities must retain all
records of sales to live holder facilities.
4. A copy of this information shall be sent
to the department 's Fisheries Permit Manager at the end of each year, or at
any time upon the request of department officials.
G. General Rules for Tilapia
1. The cost of a tilapia culture permit shall
be $100 and live holding permit shall be $50 and may include the actual cost of
the on-site inspection. Universities conducting research approved by the
department shall be exempt from the fee charge.
2. In order for the permit to be valid, the
following license is required as a prerequisite:
a. Domesticated Aquatic Organism License for
tilapia culturists;
b. a retail
dealer's license for live holders. Live holders do not need to possess a
Domesticated Aquatic Organism License.
3. Permits expire on December 31 every year.
Any permit issued after November 15, will be valid for the remainder of that
calendar year and the following calendar year. Fees will not be prorated. All
existing tilapia culture and live holder permits as of June 2021 will be
extended for no charge through December 2021.
4. Permits are not transferable from person
to person, or property to property.
5. Live tilapia may be sold within the state
only to a holder of a valid Tilapia Culture Permit or Tilapia Live Holding
Permit. A Tilapia Culture Permit shall be required for the possession or
transport of tilapia eggs, fry, or juveniles.
6. No person may release live tilapia, fish,
or eggs into the waters of Louisiana (whether public or private) without the
written approval of the secretary.
7. Permittee must agree to collect and
provide an adequate number of tilapia to the department or a department
approved contractor upon request for identification and analysis, at the
permittee's expense.
8. Only those
persons or organizations with valid tilapia permits may propagate, culture, or
possess the following species and/or hybrids produced from their crosses. These
species must be verified any time new stock is added to the culture facility by
a genetic certification using an LDWF approved method.
Oreochromis aurea
|
Oreochromis nilotica
|
Oreochromis mossambica
|
Oreochromis urolepis hornorum
|
9.
Tilapia culture permittees and Live Holder permittees shall submit an annual
report to the Fisheries Permit Manager on a form provided by the
department.
10. The department may
employ whatever means it deems necessary to prevent the release or escapement
of tilapia or their eggs into the environment. The permittee shall agree to
reimburse the department for all costs including, but not limited to, man hours
and materials utilized during corrective actions.
11. The department shall be overseer of all
escape incidents and may implement or require to be implemented whatever
measures deemed necessary to contain, kill, or recapture fish. The permittee
shall reimburse Wildlife and Fisheries for all department costs including, but
not limited to, man hours and materials utilized during these corrective
actions. In order to assure the secretary that the permittee will fulfill their
financial obligations, the tilapia culturists permittees and tilapia live
holder permittees shall post a performance bond, or present a letter of credit
from a financial institution stating that the value of the bond is available to
the department on a certificate of deposit.
a.
The performance bond for a tilapia culture permittee shall be $25,000 for
permits issued prior to January 1, 2022. For permits issued after this date the
performance bond shall increase yearly to a maximum of $50,000 as outlined in
the table below.
Year
|
Tilapia Culture Permittee Bond
Value
|
2022
|
$30,000
|
2023
|
$35,000
|
2024
|
$40,000
|
2025
|
$45,000
|
2026
|
$50,000
|
b.
The performance bond for a tilapia live holder permittee shall be $10,000 for
permits issued prior to January 1, 2022. For permits issued after this date the
performance bond shall increase yearly to a maximum of $50,000 as outlined in
the table below.
Year
|
Tilapia Live Holder Bond Value
|
2022
|
$18,000
|
2023
|
$26,000
|
2024
|
$34,000
|
2025
|
$42,000
|
2026
|
$50,000
|
12. At the time of renewal, the Tilapia
culture permit holders must provide LDWF a certificate from a certified
veterinarian or other certified expert that the tilapia are free of visible
diseases and parasites.
13. If a
permittee terminates tilapia production or live holding, the permittee shall
notify the secretary or designee immediately and dispose of the tilapia
according to methods approved by the department.
14. In addition to all other legal remedies,
including provisions of
R.S.
56:319.E, failure to comply with any of the
provisions herein shall be just cause to immediately suspend and/or revoke the
permittee's permit. All tilapia shall be destroyed at permittee's expense under
the department's supervision within 30 days of permit revocation.
15. Any permittee allegedly in violation of
the above rules has a right to submit a written response of the alleged
violation(s) to the secretary, requesting a hearing to review the alleged
violation(s) within five days of receiving notice of violation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:318,
R.S.
56:319 and R.S.
319.1.