Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part VII - Fish and Other Aquatic Life
Chapter 9 - Aquaculture
Section VII-915 - Aquarium Livestock
Universal Citation: LA Admin Code VII-915
Current through Register Vol. 50, No. 3, March 20, 2024
A. The following species or groups of species have been approved for commercial culture in Louisiana. Any questions on whether a species fits into the categories below should be directed to the Fisheries Permit Manager.
1. "Bristlenose Catfish": Ancitrus
sp.
2. African Rift Lake
Cichlids from the Cichlidae family, tribe Haplochromini
3. Fancy Guppy (Poecilia
reticulata)
B. Individuals or organizations wishing to import, export, transport, dispose, or transfer live Aquarium Livestock for commercial culture and rearing in Louisiana must first request an Aquarium Livestock permit from the LDWF Fisheries Permit Manager. A separate permit will be required for each facility or location. Retail stores or wholesalers who are not actively breeding or growing Aquarium Livestock and home aquarists who are not selling commercially are all exempt from obtaining an Aquarium Livestock permit as outlined in LAC:76:VII.915.
1. Applications for permits
may be obtained by contacting the Fisheries Permit Manager via 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. 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 will
then make an on-site inspection of the property and culture system.
3. After the on-site inspection has been
completed, the Fisheries Permit Manager will make a final determination as to
whether the applicant is in full compliance with all rules for an Aquarium
Livestock permit. The Fisheries Permit Manager will then recommend to the
secretary if the applicant's request should be approved or denied.
4. 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. Applicant may reapply after correcting
specified deficiencies noted in letter of denial.
C. Rules of Aquarium Livestock Culture
1. It shall be the responsibility of the
permittee to immediately notify the secretary or designee of any Aquarium
Livestock 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 due to weather related events, vandalism, and
theft.
2. All aspects of the
Aquarium Livestock 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.
3. All water utilized in the culture of
aquarium livestock shall be accounted for and shall be filtered, screened,
and/or sterilized prior to leaving the culture 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 Aquarium Livestock culture system and processing shall be
completely enclosed so that predation from birds, mammals, amphibians, and
reptiles is precluded.
5. A means
to dispose of Aquarium Livestock through chlorination, desiccation, or other
appropriate methods in the event of an emergency must be included as a
component of any department approved system.
6. The department will have just cause to
revoke an Aquarium Livestock permit for lapses in security if the permittee is
found to be in noncompliance with LAC 76:VII.915.C.1.
7. 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, 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.
8. In
order for the permit to be valid, the following licenses are required as a
prerequisite:
a. Domesticated Aquatic Organism
License.
9. The cost of
an Aquarium Livestock permit shall be $100 and may include the actual cost of
the on-site inspection. Universities and other facilities conducting research
approved by the department shall be exempt from the fee charge. 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.
10. Permits are not
transferable from person to person, or property to property.
11. No person may release live Aquarium
Livestock or eggs into the waters of Louisiana (whether public or private)
without LDWF Secretarial Approval.
12. Permittee must agree to collect and
provide an adequate number of Aquarium Livestock to the department or a
department approved contractor upon request for identification and analysis, at
the permittee's expense.
13.
Records of all Aquarium Livestock processed over the previous five years shall
be kept at the culture facility and shall include the following information:
a. source of fish;
b. import and export quantities including
information of who purchased or supplied the Aquarium Livestock; and
c. date of all transactions.
14. A copy of this information
shall be sent annually to the Fisheries permit manager at the end of each year
prior to permit renewal, or at any time upon the request.
15. Any time a new species, hybrid or type is
added into the facility, the applicant must contact the Fisheries Permit
Manager for approval prior to importation of the species into their
facility.
16. 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 agree to reimburse the department for all 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 Aquarium Livestock permittee shall
post a $25,000 performance bond, or present a letter of credit from a financial
institution stating that the $25,000 is available to the department on a
certificate of deposit.
17. If a
permittee terminates Aquarium Livestock culture, the permittee shall notify the
secretary or designee immediately and dispose of the Aquarium Livestock
according to methods approved by the department.
18. 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 Aquarium Livestock shall be destroyed at permittee's
expense under the department's supervision within 30 days of permit
revocation.
19. Any permittee
allegedly in violation of the above rules has a right to make a written
response of the alleged violation(s) to the secretary requesting a hearing to
review the alleged violation(s) within five days.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:318 and R.S. 56:319.
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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