Procedures for Applying for an Alternative Oyster Culture Permit

Oyster Advisory CommitteeApril 18, 2013________________________________________

Alternative Oyster Culture (AOC)• Authority - La. R.S. 56:431.2 and LAC 76:VII.535

• Both are available at oysterlease.wlf.la.gov/oyster

• Any leaseholder holding a valid oyster lease of state water bottoms may apply to DWF for an AOC Permit

• Permit area must be within the lease boundaries

• AOC activities that may be permitted are:

• On-bottom cages, racks, or bags

• Off-bottom cages, racks, or bags, suspended by poles or floats

• String or longline culture

• Any other AOC activity as approved in the permit

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Pre-Application • AOC law precludes AOC Permits in certain areas

• E.g. within 1500 ft of CUP areas or navigation channels

• DWF performed suitability mapping to identify these areas

• Before applying for a permit, prospective applicants MAY confirm availability for permitting with DWF

• Contact DWF:

• In person at DWF Oyster Lease Survey Section, Suite 220, 2021 Lakeshore Drive, New Orleans, Louisiana 70122

• By telephone at 504-284-5277

• By email at AOCPermit@wlf.la.gov

• Provide name and lease number

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Pre-Application continued

• DWF will provide:

• Standard oyster lease plat, and digital shape file

• Depicting lease boundary, and lease areas available for AOC permitting

• DWF maps showing areas available for AOC Permits are available at oysterlease.wlf.la.gov/oyster

• Pre-application is not required

• But avoids unnecessary expense in the application process

• Identifies restricted areas, and configuration limitations

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Application

• Apply to DWF’s Oyster Lease Survey Section

• Application Procedures are available at oysterlease.wlf.la.gov/oyster

• Lessee or authorized agent must apply in person

• Agent must produce written power of attorney

• Obtain information regarding the application from DWF in person or by telephone at 504-284-5277

• Submit completed application form, and required attachments

• Application form is available at oysterlease.wlf.la.gov/oyster

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Application – Required Attachments• Plat showing oyster lease, proposed AOC Permit area,

and proposed AOC activities, facilities, and equipment

• Specific plat requirements are listed in Application Procedures

• Clearly show nature, location, and extent of proposed activities

• Hard copy, and ASCII file of coordinates

• All other permits necessary for the proposed activity

• State coastal use permit

• Federal obstruction to navigation and fill permits

• Any other authorization required during the permit process

• Joint application process - see dnr.louisiana.gov/crm

• Alternatively, documentation that a permit is unnecessary

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Application – Required Attachmentscontinued

• Cost estimate to remove and dispose of all permitted equipment, facilities, and other items

• Prepared by licensed Louisiana Commercial Contractor

• For classification of Heavy Construction or Coastal Restoration and Habitat Enhancement

• No familial or business relationship with applicant

• List of licensed contractors is available at www.lslbc.louisiana.gov/findcontractor.asp

• Application fee of $100

• If an agent applies, power of attorney

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Review of Application

• DWF may require additional information

• DWF will review only a complete application

• DWF will post notice of the application on the DWF website for comment

• No AOC Permit may be issued unless a reasonable investigation into the question of ownership is complete, and a determination is made that the State owns the water bottom to be covered by the permit

• DWF may grant the permit, grant with modifications, or deny

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Action on the Application

• Grant the permit with modifications

• DWF will discuss further with applicant before issuing

• Grant, or applicant agrees to permit with modifications

• DWF will issue the permit to applicant at its address in the application

• Permittee must sign and return within 15 days of receipt

• Deny

• DWF will issue notice to applicant at its address in the application

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Permit Restrictions & Requirements • DWF may issue AOC Permits in numbers, locations,

sizes, and configurations specified by DWF

• Regardless of whether permit deviates from application

• Statutory and regulatory restrictions and requirements

• Permit may also contain restrictions or requirements for:

• Equipment and materials authorized or required to be used

• Marking, lighting, or warning devices authorized or required

• Reporting requirements

• Surety bond in an amount to be determined by DWF

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Requirements upon Issuance of Permit• Pay first annual fee, $2/acre, within 15 days of receipt

• Post surety bond within 15 days of receipt

• Before engaging in AOC activities:

• Comply with U.S. Coast Guard regulations and requirements

• Markers along permit area boundaries, every 75 ft, 3-12 ft above water level

• Markers along boundaries where facilities or equipment are located, every 20 ft, 3-12 ft above water level

• Buoys conforming to U.S. Coast Guard markings at all permit area corners, where facilities or equipment are located, and midway between corners if more than 1000 ft apart

• Each buoy, main cage bag or float, and structure shall contain indelible and permanent tag with AOC Permit number

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Questions?

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