§639.9.  Permitting for the construction and management of artificial reefs

A.  The state of Louisiana is empowered to serve as permittee for artificial reefs in waters covered under this Subpart, provided such reefs are consistent with and established within the guidelines of this Subpart and the National Fishing Enhancement Act.  The secretary is hereby empowered to administer and enforce the program for the state of Louisiana.  

B.  In acquiring necessary federal permits for artificial reefs, the secretary or his designee shall:

(1)  Consult with and consider the views of appropriate federal agencies, state, and local governments, and other interested parties.  

(2)  Ensure that the provisions for siting, constructing, monitoring, maintaining, and managing any artificial reef developed pursuant to this Subpart be consistent with the criteria and standards established under this Subpart and the National Fishing Enhancement Act.  

(3)  Ensure that title to any artificial reef component or construction material is unambiguous.  

(4)  Consider the National Artificial Reef Plan developed under Section 204 of the National Fishing Enhancement Act, and notify the secretary of the United States Department of Commerce of any need to deviate from that plan.  The secretary of the Department of Wildlife and Fisheries, in consultation with the other members of the council, shall also review and comment on other artificial reef permit applications to insure that artificial reef permits sought by groups other than Louisiana are consistent with the state plan developed under this Subpart and the National Fishing Enhancement Act.  

Acts 1986, No. 100, §1, eff. June 23, 1986.