La. Admin. Code tit. 76 § VII-703

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

Section VII-703 - Pompano Permits

A. Harvest Regulations

1. 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 law pertaining to fishing, which carries a Class 2 penalty or greater shall constitute a violation of the permit.

2. Information gained by the department through the issuance of a permit is not privileged and will be disseminated to the public.

3. When operating under the conditions of a permit, only pompano can be retained. 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.

4. 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.

5. 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.

6. Any violation of the conditions of the permit shall result in the immediate suspension of the permit, and may result in the permanent revocation of the permit.

7. For permitting purposes, a pompano net shall be defined as a pompano strike net not exceeding 2,400 feet in length and not smaller than 2-1/2 inches bar or 5 inches stretched mesh, that is not anchored or secured to the water bottom and that is actively worked while being used. A pompano net shall not be constructed of monofilament.

8. The permitted boat used in the program shall have a distinguishing sign so that it may be identified. The sign shall have the operator's permit number printed on it in at least 8-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.

9. Pompano strike nets may be used during the period from August 1 through October 31 of each year in waters in excess of 7 feet in depth and beyond 2,500 feet from land within the Chandeleur and Breton Sound area described in R.S. 56:406(A)(2).

10. No person shall fish under this permit during the hours after sunset and before sunrise. No person shall fish under this permit on Saturday or Sunday of any week during the open season, or on Labor Day.

11. Each pompano strike net shall have attached to it a tag issued by the department which states the name, address, and Social Security number of the owner of the net and the permit number of the permit issued to commercially take pompano. The department shall not issue any tag to a person who does not have a Social Security number.

12. 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.

13. 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.

B. Qualification for Permit

1. All permits shall be applied for and/or granted from January 1 to April 30 of each year from the New Orleans or Baton Rouge offices. All permits expire December 31 following the date of issuance.

2. Permits shall not be issued to any applicant who within three years of the date of his application, has been convicted or pled guilty to a Class 2 or greater fishery violation, as defined in the laws pertaining to wildlife and fisheries.

3. Applicants who have been convicted of, or have pled guilty to, two or more Class 2 or greater fishery violations within five years of the application date shall not receive a permit.

4. Proof of ownership of the proposed permitted vessel(s) and proof that all applicable licenses have been applied for shall be provided at the time of application. Proof of bona fide residency, as defined in R.S. 56:8(12), is also required at this time.

La. Admin. Code tit. 76, § VII-703

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 12:119 (February 1986), amended LR 12:846 (December 1986), amended by the Department of Wildlife and Fisheries, Office of Fisheries, LR 16:322 (April 1990), LR 22:859 (September 1996), amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 26:2332 (October 2000), LR 27:2269 (December 2001), repromulgated LR 28:354 (February 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6(25)(a) and R.S. 56:406 A(3).