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Terms Used In Louisiana Revised Statutes 3:559.6

  • Aquaculture: means the producing, raising, managing, harvesting, transporting, or marketing of aquatic livestock in privately owned waters or ponds as defined in Louisiana Revised Statutes 3:559.3
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:559.3
  • Venue: The geographical location in which a case is tried.

A.  The commissioner shall have the following powers and responsibilities:

(1)  To develop a regulatory framework for the orderly development and maintenance of a modern, sustainable aquacultural segment of Louisiana’s agriculture industry and to promote aquaculture and aquaculture products.

(2)  To develop criteria for licensing and permitting and for granting or denying licenses and permits issued pursuant to this Part.

(3)  To hold hearings on alleged violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.

(4)  To impose civil penalties and decide on injunctive or other civil relief to be sought for violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.

(5)  To adopt rules and regulations as are necessary to implement the provisions of this Part, including regulations establishing the criteria for granting or denying licenses and permits.  All rules and regulations shall be adopted in accordance with the provisions of this Part and promulgated in accordance with the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq.

(6)  To administer and enforce the provisions of this Part and the rules and regulations adopted pursuant to this Part.

(7)  To collect, administer, and disburse the proceeds of all fees, interest, penalties, and other monies collected pursuant to this Part.

(8)  To issue licenses and permits to persons engaged in aquacultural activities in accordance with this Part.

(9)  To conduct inspections and investigations in accordance with the provisions of this Part and any rules and regulations adopted pursuant to the provisions of this Part.

(10)  To seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, rules and regulations adopted pursuant to this Part, or orders and rulings issued pursuant to this Part.

(11)  To institute civil proceedings to enforce his orders or rulings, collect any fees, fines, penalties, or costs due under this Part or to otherwise enforce the provisions of this Part or rules and regulations adopted pursuant to this Part.

(12)  To issue a stop order to prevent a violation or further violation of this Part or of any rule or regulation adopted pursuant to this Part.

B.  Any suit filed pursuant to this Part may be filed in East Baton Rouge Parish or in any parish of proper venue.

Acts 2004, No. 865, §1, eff. July 12, 2004; Acts 2010, No. 743, §2A, eff. July 1, 2010.