extent possible, will oppose other agency and congressional subpoenas to obtain confidential information. Neither the Louisiana Department of Wildlife and Fisheries nor its instrumentalities nor members of the Wildlife and Fisheries Commission, nor Legislative Committees and their staffs, will disclose confidential statistics under court order without specific approval by the State Attorney General's Office. These rules and regulations provide for compliance with all procedures set forth by the United States Department of Commerce, or its agencies or instrumentalities, for the confidentiality of fishing statistics collected from individuals or firms by that department, its agencies or instrumentalities. Employees or instrumentalities of the Louisiana Department of Wildlife and Fisheries or members of the Wildlife and Fisheries Commission who have access to confidential statistics shall be subject to the provisions and penalties for unauthorized disclosure.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:301.4 and R.S. 56:302.9.
HISTORICAL NOTE: Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 18:82 (January 1992), amended LR 35:
Part VII. Fish and Other Aquatic Life
Chapter 2.General Provisions
§205.Charter Boat Fishing Guide License Landings Report
A.Participation in the Charter Boat Fishing Guide License landings report is voluntary. Those persons who hold a charter fishing guide license may choose to participate and all information collected shall be held confidential under R.S. 56:301.4 and LAC 76:I.319 and 321.
B.The charter boat fishing guide license report form shall be a two-part numbered form or electronic reporting system provided by the department at the request of the license holder. The charter boat fishing guide license report form may be completed at the end of each "charter boat fishing trip". For the purpose of this rule a "charter boat fishing trip" is defined as the time when a vessel leaves a Louisiana based access site to the time the vessel returns to the Louisiana based access site, captained by a Louisiana licensed resident or non-resident charter boat license holder, carrying passengers for a fee, for the express purpose of capture, release or harvest of finfish in Louisiana state waters or adjacent federal waters. The charter boat license holder may fill out the report form in its entirety containing all of the information requested in Subsection C of this Section. In addition, those vessels operating under a charter boat mothership license should complete the charter boat landings report for each charter boat fishing trip a licensed charter boat skiff tied to that mothership makes. The "Charter Guide License Copy" of the report should be maintained on file at the charter guide license holder place of business. The "Department Copy" portion of the charter guide license report form should be returned to the department by the charter guide license holder by the tenth of each month to include all charter boat fishing trips during the previous month. Along with the reports for each month, the charter guide license holder should submit a "Monthly Submission Sheet" provided by the department that confirms that the charter boat fishing trips submitted represent all or a portion of the charter boat fishing trips by that charter guide license holder for that particular month. The charter guide license holder should mail completed
receipt forms to a pre-determined address designated by the department. Charter guide license holders may request charter boat fishing guide license report forms or the electronic reporting system from the department by calling a phone number to be publicized by the department.
C.The charter guide license holder may record the following information on the charter boat fishing guide license report form at the time of the completion of a charter boat fishing trip:
1.charter guide name;
2.charter guide license number;
3.vessel name and Louisiana or Coast Guard documentation number;
4.charter boat fishing trip start and end time and start and end year, month and day;
5.public or private access type;
6.primary area fished and depth fished;
7.Louisiana artificial reef fished;
8.total number of hours fished;
9.all fishing methods utilized;
10.hours actively fishing per fishing method;
11.total number of paying passengers who fished by resident and non-resident categories;
12.permit type and permit issuer for those species requiring a state or federal permit to harvest;
13.licensed charter guide captain signature certifying the information is true and correct.
AUTHORITY NOTE:Promulgated in accordance with R.S. 56:302.9(H), R.S. 56:302.9(I).
HISTORICAL NOTE:Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 35:
The Secretary of the Department of Wildlife and Fisheries is authorized to take any and all necessary steps on behalf of the commission to promulgate and effectuate this Notice of Intent and the final Rule, including, but not limited to, the filing of the fiscal and economic impact statements, the filing of the notice of intent and final rule and the preparation of reports and correspondence to other agencies of government.
In accordance with Act #1183 of 1999, the Department of Wildlife and Fisheries hereby issues its Family Impact Statement in connection with the preceding Notice of Intent: This Notice of Intent will have no impact on the six criteria set out at R.S. 49:972(B).
Interested persons may submit written comments on the proposed Rule to Michelle Kasprzak, Program Manager, Marine Fisheries Division, Department of Wildlife and Fisheries, Box 98000, Baton Rouge, LA 70898-9000 no later than 4:30 p.m., December 4, 2008.
Patrick C. Morrow
FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES
RULE TITLE: Charter Landings Report
I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)
Implementation of the proposed rule will be carried out using existing staff and funding levels. Costs and workload will vary depending on the number of participants in the Charter Boat Fishing Guide License Landings Report Program. Total
Louisiana Register Vol. 34, No. 10 October 20, 2008