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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

3

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

4

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

5

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

8

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

9

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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