Procedures for applying for an alternative oyster culture permit
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Oyster Advisory Committee April 18, 2013 ________________________________________. Procedures for Applying for an Alternative Oyster Culture Permit. 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

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Procedures for applying for an alternative oyster culture permit

Oyster Advisory Committee

April 18, 2013

________________________________________

Procedures for Applying for an Alternative Oyster Culture Permit


Alternative oyster culture aoc
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
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
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
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
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

6


Application required attachments continued
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

7


Review of application
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
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
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
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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