2006 Louisiana Laws - RS 3:559.7 — Determination of species of aquatic livestock suitable for aquaculture in louisiana

§559.7.  Determination of species of aquatic livestock suitable for aquaculture in Louisiana

A.  The council shall initiate the process of approving a species for aquaculture by making a preliminary proposal regarding a species being considered for aquaculture.  The preliminary proposal must be approved by a majority vote.

B.(1)  No rule or regulation authorized by Subsection A of this Section shall be promulgated except following a recommendation of the council that a species is aquatic livestock suitable for aquaculture.

(2)  The council shall conduct a public meeting to consider recommending whether a species may be declared as aquatic livestock suitable for aquaculture and conditions or limitations related thereto.

(3)  Prior to the public meeting, the council shall obtain all scientific data reasonably available to it.  The council shall consider all reports and recommendations submitted to it, all scientific data available to it, and all public comments received at the public meeting prior to making its recommendation.

(4)  The council's recommendations shall be in writing and shall be approved at a public meeting of the council by a majority of the council.  Such final approval may be adopted at the public meeting required by this Subsection or at a subsequent public meeting of the council.  The recommendations shall be a detailed report including the recommendation as to whether the species is aquatic livestock suitable for aquaculture, the reasons for the recommendations, and proposed regulations regarding the producing, raising, managing, harvesting, and transporting of the aquatic livestock.

C.  A copy of the council's recommendations shall be sent to the Louisiana Wildlife and Fisheries Commission and to all persons and state agencies that submitted written reports or recommendations or who were present at the public meeting and provided the council with a mailing address.

D.  After receiving recommendations from the council, the Wildlife and Fisheries Commission shall consider the council's recommendations at one of its monthly meetings or at a special meeting called for that purpose.  After considering the recommendations of the council, the Wildlife and Fisheries Commission shall determine if a recommended species is suitable for aquaculture.  If the Wildlife and Fisheries Commission determines suitability for aquaculture, it shall adopt a rule to that effect and, in addition, adopt rules and regulations it deems reasonable or necessary to prevent the species from having a detrimental impact on the natural resources of the state.  Any such rule or regulation shall be adopted in accordance with the Administrative Procedure Act.  However, any such rule or regulation promulgated by the Wildlife and Fisheries Commission may be promulgated in accordance with the procedures in R.S. 49:953(B).  No species shall be authorized as suitable for aquaculture and deemed aquatic livestock except by rules and regulations promulgated by the Wildlife and Fisheries Commission or, if the Wildlife and Fisheries Commission fails to act within ninety days following the submission of the council's report, by the commissioner as provided in Subsection E of this Section.  Those species which have been previously approved for aquaculture as of July 1, 2004, shall continue to be approved under the rules and regulations in effect at the time of their approval and shall be deemed to be aquatic livestock; said rules and regulations may be amended, as appropriate and in the best interest of the state, under the procedures outlined in this Section.

E.  Within ninety days after submission of the council's report, the Wildlife and Fisheries Commission shall take action on the report.  Such action may include approval of the council's recommendations, approval with modifications to the recommendations, or rejection of the council's recommendations.  If the Wildlife and Fisheries Commission fails to take any action within ninety days, the commissioner may proceed with submitting a notice of intent for the proposed rule to the Louisiana Register.  If the Wildlife and Fisheries Commission approves the council's recommendations as transmitted and proceeds to adopt rules and regulations in accordance with Subsection D of this Section, then the commissioner may proceed with rulemaking regarding that species.  In no instance shall the rules and regulations promulgated by the commissioner lessen the requirements imposed by the Wildlife and Fisheries Commission or provide for a waiver thereof.  If the Wildlife and Fisheries Commission's action modifies in any way or rejects the council's recommendations, the commissioner and the secretary of the Department of Wildlife and Fisheries shall jointly decide whether to accept the Wildlife and Fisheries Commission's action.  If the commissioner and secretary decide not to accept the Wildlife and Fisheries Commission's action, the commissioner and secretary shall jointly present a revised recommendation to the Wildlife and Fisheries Commission, at which time the Wildlife and Fisheries Commission may accept the revised recommendation as presented or with modifications, or may reject the revised recommendation.  If the Wildlife and Fisheries Commission accepts the joint revised recommendation of the commissioner and secretary and proceeds to adopt rules and regulations in accordance with Subsection D of this Section, the commissioner may proceed with rulemaking for that species.  If the commissioner and secretary accept the action of the Wildlife and Fisheries Commission, the commissioner may proceed with rulemaking for that species.  If the commissioner and secretary cannot agree on a revised recommendation, then the matter may be referred back to the Wildlife and Fisheries Commission for reconsideration.  There shall be no limit on the number of times the Wildlife and Fisheries Commission may consider recommendations regarding a particular species from the council or the commissioner or secretary.  Notwithstanding any other law to the contrary, the council, commissioner, or secretary may seek judicial review of the Wildlife and Fisheries Commission's action in the Nineteenth  Judicial District Court, but only after the recommendation has been submitted to the Wildlife and Fisheries Commission not less than three times.

F.  The criteria to be used by the council, the Department of Wildlife and Fisheries, the Louisiana Wildlife and Fisheries Commission, and the commissioner in determining whether a species is suitable for aquaculture shall include but not be limited to the following:

(1)  Whether the species is established in Louisiana.

(2)  Whether the aquacultural production and marketing of the species is viable and sustainable.

(3)  Whether the species can be produced, maintained, and harvested in such a manner as to minimize, to a reasonable probability, the species' escape into the wild.

(4)  Any other scientific data regarding the species including the potential to harm the natural resources of the state.

(5)  Whether the Department of Wildlife and Fisheries can insure the enforcement of rules and regulations regarding gamefish and the maintenance and preservation of the species to the same extent as existed prior to July 1, 2004.

G.  Rules promulgated pursuant to this Section shall be subject to legislative oversight consistent with R.S. 49:968.

Acts 2004, No. 865, §1, eff. July 12, 2004.