LSU-6-75-001 c. 3 THE LAW nd FishFarming FISH LAWS Lawsconcerning catfish and crawfishfarm- ing are in a stateof change.Some of the more recent laws contradict older laws. No doubt the courts will be called on to resolve legal questionsand comprehensive legislation will be needed as fish farming expands. This pam- phlet describessome of thc legal problems fish f'armersmay encounterand suggestspos- sible solutions.
WHAT IS FISH FARMING? The growing impact of fish farming on the state's economy led thc Louis'analegislature in the basin of a continuously flowing river, to pass a series of laws governing domestic bayou or other stream," or those which use aquacultureand fish farming in thc 1960's. "lands of natural streams or natural lake beds" The legislature has defined certain key are subject to al! laws and regulatio~swhich terms pertaining to fish farming. "Fish" is de- apply to the taking of fish in public waters, fined a", "all fish, shcllfi,h, crustaceans, frogs, Such artificial ponds fall outside the del'ini- turtles, and other aquatic organisms which tion of' "privately owned waters" and fish have a sport or other economic value." Fish raised in them ar'c not domesticated. ln ad- grown for market in a privately owned pond dition, cage:, pens, or fenced-off areas in are considered "domesticated," if thc farmer public waters for raising fin fish are illegal. has a Louisiana Wildlife and Fishcrics permit, No specific state laws govern pond con- and are an agricultural product. The federal strue/ion on private property, but general definition of "farming" extendsto fish farm- provisionsprohibit any use which damages ing as well as other crops and livestock.This another'sproperty. A fish fiarmcr is liable for meansthat fish farmers are eligible for agri- any damage which the constructionand op- cultur al assistance programs. eration of his pond may causeto neighboring property owners. PER MIT NEED ED Before you construct a pond, check with parish and municipaloffices to see if permits Beforeyou begin to raisedomesticated fish, are required and if zoning laws affect such you must apply to the LouisianaWildlife and construction. For help in designing and con- Fisheries Cornrnission for a fish farmer 's li- str'ucting ponds, you can contact your local cense. The license costs $10.00 and can be Soil and Water Conservation agent, obtained by writing
LWFC Same and f rsh Division WATER SOURCE P.Cr.Box 44095, Capitol Station Baton Rour3e,LA 70804 A recent law requires that all water wells which produce more than 50,000 gallons on ar y day be registered with the Department POND SITE AND CONSTRUCTION of Public Works, Furthermore, for East and You should be aware ol certain reslri tions West Baton Rouge,East and West Feliciana, affecting your choice of pond location. Ac- and Point Coupee Parishes,a 1974 act estab- cording to state laws,man made ponds "with- lished a permit system in addition to the regis- tration requirement,Information on the per- DRAINAGE mit systemmay be obtained from the Capitol Although it is permissibleto obtain water Area Groundwater Conservation District, from publicstreams, the drainageof polluting substances into natural streams of the state STOCKING THE POND is prohibited. The farmer generallyhas freedom in choos- At this time, fish farmers do not need a ing the speciesof fish to be stocked,but there drainagepermit from the EPA,if discharges are various legal restrictions. of wateroccur less frequently than 30 daysa No one may sell freshwatergame fish, de- year,or if lessthan 20,000 pounds of fish are fined as "any species of fish found in the producedin a year,even if the dischargesoc- freshwaters of the state that are taken for cur on more than 30 days, These regulations sport or recreational purposes." Freshwater are subject to changeat any time. gamefish includelarge and smallmouthblack bass, striped bass, crappie, speckled perch, Water pollution control is under the juris- sac-a-!ar't,and bream. Personsowninq a pond diction of thc Louisiana Stream Control Com- slacked with game fish may charge a fishinq mission,Wa'tcr quality sfancfardsare set by fee, however. the Louisiana Stream Control Commission on Fish from oufside of Louisiana may be re- the state level, and the FPA on the federa'l leased in the state only with written permis- level, sion of thc Wildlife and Fisheries Commission. Written consent of thc Commissio~ is also requiredto "possess,sell or causeto be trans- ported into the state" carnerocatfish, fresh- water e'ectric eels, carp, claiidca or tilapia. Further,it is illcqal to grow or scil for bait or human consumption "obnoxious or undesir- able speciesof fish or minnows," much less even possesspiranha or Rio Grande tetra.
FISH AND THE USE OF CHEMICALS else of certain chemical: to maintain healthy slock may be prohibited by federal regula- tions. The Foocl and Drerg Administration FDAI may prohibit useof certain chemicals bee~usethe residue in fish may be harmful >o human beings. The EnvironmentalProtec.- HARVESTING tion Agency FPAI regulateschemicals which may bc harmfulto the environment.Detailed You may harvestas manydomestic fish as ledera! regulationsmay be obtained from: you wart, at any time and by any type of Food end Drug Admirristretiorr seine or tackle, as long as the fish are taken Office of Educetion end leformelior alive. Harvestinqequipment. except electric Wn.hing!on, D.C. 20204 fish-shockingdevices, may be transportedon end publicroads and hiqhways However, if used Environmertel f'rofectiorr Agency in publicwaters, these devices must meet the 401 hA Street SW same leqal requirementsof harve:ting equip- Wu;hingtor, D.C. 2002~> ment used for tish:ng in public waters. PROCESSING MARKETING The FDA and Louisiana Health and Huma~ Licensed fish farmers may sel! domesticated Resources Administration set standards for catfish, carp, drum, and buffalo Fish,provided the production of f'ood fit for human con- they notify the LouisianaWild ife and Fisheries sumption. Detailed federal requirementsfor Commissionby mail postmarked48 hoursprior fish and shellfishprocessing can be obtained to shipment.A duplicate of the notification from: must accompany each shipment, as must a Food a
You would also bo wise to check with local LouisianaState University parish or municipal atlorneys for local pro- 8aton Rouge, Louisiana 70803 visions thai may apply to crawfish and Fish farming functions. Pub. No. LSU-SG-7S-03