La. Admin. Code tit. 76 § VII-403

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

Section VII-403 - Gulf Seafood Traversing and Offloading Permit

A. The Department of Wildlife and Fisheries is authorized to issue a Gulf Seafood Traversing and Offloading permit ("traversing permit") upon application to its Commercial License Section at the Baton Rouge office. Application for permits must be made in person or as provided by Section 415 of this Part.

B. The traversing permit shall be valid for the calendar year of issue (January 1 through December 31).

C. A traversing permit shall be in lieu of a commercial fisherman's license, vessel license, and any applicable commercial gear license for fishing gear aboard the vessel. Each gear used in the waters of the federal exclusive economic zone (EEZ) shall be properly licensed. For licensing purposes, trammel nets, strike nets, and seines are required to be licensed as gill nets when used in the EEZ.

D. The possession of gill nets, trammel nets, strike nets, or seines on or aboard any vessel in the saltwater areas of the state is prohibited unless the captain or owner of the vessel has in his immediate possession upon the vessel a traversing permit as well as any other licenses as required by law.

E. While traversing state waters going to and from the waters of the federal exclusive economic zone, all gill nets, trammel nets, strike nets, and seines shall remain on board the vessel and shall not be used in state waters.

F. Harvest and possession of all fish pursuant to this permit is subject to all rules established by the Wildlife and Fisheries Commission relative to seasons, size limits, and quotas.

G. Vessels containing or transporting prohibited nets shall proceed as directly, continuously, and expeditiously as possible.

H. Permittees will be required to abide by the following conditions.

1. Possession of a permit does not exempt the permittee from laws or regulations except for those which may be specifically exempted by the permit. Any violation of a fish law shall constitute a violation of this permit.

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

3. When permitted gear is on board the permitted vessel or in possession of the permittee, the permittee and the vessel are assumed to be operating under authority of the permit. No gear other than gear allowed under the traversing permit may be on board the vessel or in possession of the permittee.

4. The vessel authorized for use under the traversing permit shall have distinguishing signs so that it may be identified as such. The signs shall have the letters "EEZ" and assigned numbers printed on them in at least 10-inch high letters and numbers on a contrasting background in block style so as to be visible and legible from low-flying aircraft and from any vessel in the immediate vicinity. The assigned numbers shall be situated on both sides and on top of the vessel.

5. The department reserves the right to observe the operations taking place under the traversing permit and, at its request, the department may assign aboard any permitted vessel an enforcement agent as an observer.

6. All permittees shall notify the department four hours prior to leaving port to traverse or fish under the conditions of the traversing permit and immediately upon returning from the permitted trip. The department shall be notified by calling a designated phone number.

7. The permittee must report to the department the name of the buyer who will purchase the fish product obtained under the traversing permit. This information shall be provided at the time that permittee notifies the department of his return.

8. When quotas have been met or seasons have been closed, no fish affected by such quotas or seasons may be possessed on board a vessel while having commercial gear on board traveling state waters.

9. Any violation of the conditions of the traversing permit and any violation of any fisheries regulation shall be punishable as defined by R.S. 56:320.2.D.(1) in accordance with Act 1316 of the 1995 Legislature.

La. Admin. Code tit. 76, § VII-403

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 22:240 (March 1996), amended LR 26:2333 (October 2000), LR 38:2944 (November 2012), Amended LR 49513 (3/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6(25)(a), R.S. 56:303(G)(1), R.S. 56:305(B), and R.S. 56:320.2(E).