procedures for applying for an alternative oyster culture permit oyster advisory committee april 18,...
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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 [email protected]
• 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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