Procedures for Applying for an Alternative Oyster Culture Permit

1. Oyster Advisory Committee April 18, 2013 ________________________________________ Procedures for Applying for an Alternative Oyster Culture Permit

2. 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 2

3. 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 3

4. 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 4

5. 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 5

6. 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

7. 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

8. 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 8

9. 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 9

10. 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 10

11. 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 11

12. Questions? 12