La. Admin. Code tit. 51 § IX-145

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-145 - Permit Required for Relaying [formerly paragraph 9:004-2]

A. Permits are required prior to performing any relaying at the discretion of the Department of Health, Office of Public Health under the following restrictions.

1. No permittee or boat captain may serve on any vessel subject to this permit who has been cited or found guilty of violations relative to the harvesting of shellfish within three years of the application date; provided, however that said permittee or boat captain may receive a waiver of this condition with regard to those citations which did not result in a conviction upon the appropriate showing being made to the Department of Wildlife and Fisheries.

2. Should environmental conditions in the growing area used for relay exceed the limits of classification of the growing area, the relay area shall be closed along with all other affected growing area. The minimum 14-day treatment time shall only be during the time that relay area is characterized by water temperatures and salinity units that are within critical limits.

3. Shellfish harvested for relaying purposes from restricted waters shall not be laid down within 500 feet of any adjoining lease where shellfish may be taken for sale as food during the active period of the relay permit.

4. Sacking of shellfish, storage of empty shellfish sacks on board permitted or authorized relaying vessels and/or the direct marketing of shellfish taken from waters not approved for that purpose by the state health officer shall be strictly prohibited.

5. Culling of shellfish shall be permitted only when container relaying is practiced and written authorization is obtained from the Department of Health a.

6. Only two leases in the restricted area and approved bedding area, each pre-approved by the Department of Health, shall be utilized in the relaying of shellfish.

a. Shellfish relayed from a restricted area of a public oyster seed ground will be allowed at the discretion of the Louisiana Department of Wildlife and Fisheries (LDWF) only during the open oyster season. Shellstock from the public oyster seed ground will be allowed to be bedded on only two approved leases which will be pre-approved by the Department of Health. Relaying from a public oyster seed ground area shall be for the purpose of moving the live oyster resource. The removal of excessive amounts of nonliving reef material in relay loads shall result in the forfeiture of the relay permit and/or the closure of the public oyster seed ground area to transplanting. Permit-holders shall allow on-board inspection and sampling of relay loads by the LDWF.

7. The permittee shall be responsible for notifying the Department of Wildlife and Fisheries prior to leaving port to relay shellfish and immediately upon returning from the permitted trip each day. The Department of Wildlife and Fisheries shall be notified by calling (800) 442-2511.

8. All leases shall be "red flagged" so that they may be easily spotted by both aircraft and boats. "Red flagged" as used in this Paragraph, means that the four outside corners of the lease must be marked with poles with red flags attached.

9. All activities relative to the relaying of shellfish shall be permitted only during daylight hours with all activities completed no later than 30 minutes after official sunset. Applicants may apply for a written exemption to this requirement when the distance between the restricted area and bedding area is such that compliance is not possible.

10. Both sides of the permitted vessel shall be marked with the permit number 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.

11. A copy of the complete relay permit and applicable rules shall be on board each authorized vessel at all times during the active period of the relay permit.

12. The harvesting of shellfish for relaying purposes within 150 feet of any sewage discharge point emanating from any camp, home, or other habitable structure shall be prohibited.

La. Admin. Code tit. 51, § IX-145

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1300 (June 2002), amended by the Department of Health and Hospitals, Office of Public Health, Center for Environmental Health Services, LR 34:445 (March 2008), LR 34:2175 (October 2008), Amended LR 481851 (7/1/2022), Amended LR 482140 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.A.(1), R.S. 40:5 (2)(3)(5)(7)(15), and R.S. 40:5.3.