La. Admin. Code tit. 76 § VII-201

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-201 - Commercial Fisherman's Sales Card; Dealer Receipt Form Design and Use

A. The "Commercial Fisherman's Sales Card" shall be provided by the department in lieu of the commercial fisherman's license. The card will be embossed with the following information:

1. commercial fisherman's name;

2. commercial license number;

3. commercial fisherman's Social Security number;

4. expiration date;

5. residency status.

B. The card shall be presented by the commercial fisherman to the dealer at the time of sale or transfer of possession of the catch.

C. The dealer receipt form shall be a three-part numbered form provided by the department. The dealer receipt form shall be completed when fish are purchased or received from commercial fishermen. The receipt form shall represent the actual transaction between the commercial fisherman and the dealer. The dealer shall fill out the receipt form in its entirety containing all of the information required in §201. D and E with the exception of the commercial fisherman's signature that shall be recorded by the fisherman. The "Dealer's Copy" of the receipt shall be maintained on file at the dealer's place of business or where the fish are received. The dealer shall maintain the receipts for a period of three years. The "Department Copy" portion of the dealer receipt form shall be returned to the department by the dealer by the tenth of each month to include purchases made during the previous month. Along with the receipts for each month, the dealer shall submit a "Monthly Submission Sheet" provided by the department that certifies that the transactions submitted represent all of the transactions by that dealer from commercial fishermen for that particular month. The "Monthly Submission Sheet" shall fulfill the reporting requirements in R.S. 56:345. The dealer shall mail completed receipt forms to a predetermined address designated by the department. Dealers are responsible for obtaining dealer receipt forms from the department by calling a predetermined phone number.

D. The commercial fisherman is responsible for providing the following information to the dealer at the time of sale or transfer of possession of the catch:

1. commercial fisherman's name;

2. commercial fisherman's license number;

3. information on commercial gear used;

4. information on vessel used;

5. information on location fished;

6. permit numbers for species requiring a permit to harvest;

7. commercial fisherman's signature;

8. duration of trip.

E. The dealer is responsible for recording on the dealer receipt form that information provided by the commercial fisherman in §201. D and is responsible for the following information at the time of sale or transfer of possession of the catch:

1. dealer's name;

2. dealer's license number;

3. commercial fisherman's name;

4. commercial fisherman's license number;

5. species purchased;

6. quantity and units of each species purchased;

7. size and condition of each species purchased;

8. transaction date;

9. unit price of each species purchased;

10. dealer's signature;

11. permit numbers for species requiring a permit to harvest;

12. commercial fisherman's signature.

F. Dealers may designate an agent to sign the dealer receipt form for them however, in all cases the dealer shall remain responsible for the actions of their agent.

G. All records and receipt forms shall be available and produced upon demand to any duly authorized agent of the Department of Wildlife and Fisheries Law Enforcement Division or department auditor.

H. Effective date of §201. A and B is upon publication in the Louisiana Register. Effective date for §201 C-G will be January 1, 1999.

La. Admin. Code tit. 76, § VII-201

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 18:81 (January 1992), repromulgated LR 18:198 (February 1992), amended LR 20:323 (March 1994), amended by the Department of Wildlife and Fisheries, Office of Fisheries, LR 21:477 (May 1995), LR 22:373 (May 1996), amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 24:1519 (August 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:303.7(B), 56:306.4(E) and 56:345.