2011 Louisiana Laws
Revised Statutes
TITLE 56 — Wildlife and fisheries
RS 56:327.1 — Aquaculturally raised fish; definitions; importation

§327.1. Aquaculturally raised fish; definitions; importation

A. Notwithstanding the provisions of R.S. 56:327(A)(1)(b)(i), as amended by Section 2 of Act No. 78 of the 1990 Regular Session, to the contrary, cultured fish raised in an aquacultural environment may be imported into this state. No live fish shall be imported under this Section.

B. As used in this Section, the following terms shall have the following meanings:

(1) "Aquaculture" means aquaculture as defined in R.S. 56:411(B)(1).

(2) "Cultured fish" means saltwater game fish covered by the provisions of R.S. 56:327(A)(1)(b)(i) or shellfish.

C.(1) With the exception of largemouth bass (Micropterus salmoides), spotted bass (Micropterus punctulatus), shadow bass (Ambloplites ariommus), black or white crappie (Pomoxis nigromaculatus, P. annularis), white bass (Morone chrysops), yellow bass (Morone mississippiensi), striped bass (Morone saxatilis), and any species of bream (Lepomis supp. and Centrarchus sp.), cultured fish, raised in an aquacultural environment, may be imported into this state for sale at wholesale or retail.

(2) Prior to each shipment into this state of any aquaculturally raised fish, the buyer or handler of such shipment shall notify the secretary of the Department of Wildlife and Fisheries, or his designated agent, at least forty-eight hours prior to the product being shipped, of its pending arrival. Each shipment into this state must be accompanied by a bill of lading. The bill of lading shall state the species of cultured fish in each shipment, the number of cultured fish or parts thereof, the origin of the shipment, the destination of the shipment, the consignee and the consignor, and the grower's name and the fish farm license number, if applicable. Wholesalers, their agents, and commercial transporters delivering the shipment or portions thereof to retail dealers shall provide each dealer with a copy of their bill of lading and shall indicate thereon the date of delivery to the retailer, the species of the cultured fish being delivered, and the number of cultured fish or parts thereof delivered. Both wholesalers and retailers shall maintain a file of such bills of lading which shall be open to inspection by the secretary, his agents, or any law enforcement agency.

D. Every producer importing cultured fish into this state for sale at wholesale or retail under the provisions of this Section shall, prior to engaging in such business, provide, on forms approved by the secretary of the Department of Wildlife and Fisheries, evidence from the appropriate governmental agency in the foreign jurisdiction certifying that the producer is a bona fide fish farmer or producer of cultured fish in an aquacultural environment.

E. Violations of this Subsection shall constitute a class 5-B violation.

Acts 1991, No. 822, §2, eff. Sept. 1, 1991; Acts 1997, No. 191, §1; Acts 2010, No. 743, §2B, eff. July 1, 2010.