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

Alternative Oyster Culture (AOC) Authority - La. R.S. 56:431.2 and LAC 76:VII.535 Both are available at oysterlease.wlf.la.gov/oysteroysterlease.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

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 By telephone at By at Provide name and lease number 3

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/oysteroysterlease.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 Apply to DWF’s Oyster Lease Survey Section Application Procedures are available at oysterlease.wlf.la.gov/oyster 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 Submit completed application form, and required attachments Application form is available at oysterlease.wlf.la.gov/oysteroysterlease.wlf.la.gov/oyster 5

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/crmdnr.louisiana.gov/crm Alternatively, documentation that a permit is unnecessary 6

Application – Required Attachments continued 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 Application fee of $100 If an agent applies, power of attorney 7

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 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 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

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

Questions? 12