SUBPART C. DOMESTIC FISH FARMING

§411. Legislative findings and purpose

            A. The legislature hereby recognizes that the production of aquatic organisms in private facilities in Louisiana significantly contributes to the vitality of Louisiana's economy. Additionally, as stated in R.S. 56:360.2 and 360.3, the legislature also recognizes that the introduction of nonnative aquatic organisms for the purpose of aquaculture may pose a real threat to Louisiana's native species and their environments. The purpose of this Subpart is to grant the department the authority to maintain a list of approved domesticated aquatic organisms for aquaculture and the regulatory framework for the orderly development of an aquaculture industry in the state of Louisiana, including the manner of possession, propagation, culture, management, transport, or marketing of domestic aquatic organisms and the methods for consideration of approval of new species for aquaculture. The list of approved domesticated aquatic organisms and the methods for consideration of approval of a new species for aquaculture shall be promulgated under the Administrative Procedure Act.

            B. For the purposes of this Subpart the following definitions shall apply:

            (1) "Aquaculture" means any activity associated with the production of fish in privately owned waters or ponds as defined in R.S. 56:8(103) and (104).

            (2) "Aquatic livestock" means native, freshwater fish but does not include any freshwater game fish as defined in R.S. 56:8, any fish which is a threatened or endangered species as defined in R.S. 56:1902, or any saltwater species of fish.

            (3) "Culture" means any activity associated with the rearing, nurturing, or growing of a domesticated aquatic organism.

            (4) "Domesticated aquatic organism" shall specifically include all domesticated fish as defined in R.S. 56:8, and any aquaculturally raised fish, except aquatic livestock.

            (5) "Mariculture" means the rearing, nurturing, or growing of saltwater fish in cages, pens, or any other containment device in or on state territorial waters including those waters over private-owned water bottoms.

            (6) "Species specific permits" are special domesticated aquatic organism permits that are required for any species which have restricted methods of aquaculture.

            Added by Acts 1964, No. 248, §1; Amended by Acts 1974, No. 223, §3; Acts 1988, No. 778, §1; Acts 1997, No. 1237, §1; Acts 1999, No. 1022, §1; Acts 2008, No. 23, §1, eff. July 1, 2008, and §2, eff. Jan. 1, 2009; Acts 2010, No. 743, §2B, eff. July 1, 2010; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.

NOTE: See Acts 1997, No. 1237, §2, for exception of Atchafalaya Basin.