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dangers exist in those areas;

WHEREAS,the Department of Wildlife and Fisheries continues to conduct dredge sampling on public reefs in portions of those molluscan shellfish growing areas, and has found silt and vegetative overburden present;

WHEREAS,the Department of Health and Hospitals has not reopened molluscan shellfish growing areas at this time;

WHEREAS,the oyster industry is important to the culture and economy of the state of Louisiana, and silt and vegetative overburden potentially may cause widespread mortality within oyster populations; and

WHEREAS,the best interests of the citizens of the state of Louisiana are served by allowing oyster lessees with leases located in molluscan shellfish growing areas 1 through 28 which remain closed at this time, pursuant to the precautionary closure ordered by the Department of Health and Hospitals on September 2, 2008, a one (1) day damage inspection period to inspect for silt and vegetative overburden on their oyster leases;

NOW THEREFORE, I, Bobby Jindal, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1:Pursuant to R.S. 29:724 and notwithstanding any other provision of state law, regulation, and/or precautionary closure order, an oyster lessee and/or a licensed oyster harvester having written permission from the oyster lessee, of an oyster lease located in molluscan shellfish growing areas 1 through 28 which remains subject to precautionary closure at this time by order of the Department of Health and Hospitals dated September 2, 2008, (hereafter "oyster lease holder") shall be allowed to conduct oyster lease damage inspection activities on such oyster leases on Thursday, September 18, 2008, under the following conditions and in accordance with the following procedures:

A.No vessel used by an oyster lease holder for oyster lease damage inspection activities shall have on board or use more than one (1) statutorily authorized dredge;
B.No vessel used by an oyster lease holder for oyster lease damage inspection activities shall have any sacks or containers on board;
C.A vessel used by an oyster lease holder for oyster lease damage inspection activities may have on board not more than a standard measurement of one (1) barrel of oysters as described in R.S. 56:440. All oysters must be returned to the water prior to the vessel departing the oyster lease;
D.Under no circumstances shall an oyster lease holder and/or the vessel of an oyster lease holder remove or transport any oyster or oysters to or from an oyster lease located in a molluscan shellfish growing area closed on Thursday, September 18, 2008, pursuant to precautionary closures ordered on September 2, 2008;
E.An oyster lease holder may conduct oyster lease damage inspection activities pursuant to this Order only between 7:00 a.m. and 5:00 p.m. on Thursday, September 18, 2008; and
F.For oyster lease damage inspection activities to be conducted on an oyster lease by any person other than the oyster lessee, the person shall have on board the vessel the
written permission of the oyster lessee authorizing the oyster lease damage inspection activities on the oyster lease.

SECTION 2:All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the Departments of Health and Hospitals and Wildlife and Fisheries in implementing the provisions of this Order.

SECTION 3:This Order is effective upon signature and, unless rescinded sooner, shall expire at 5:00 p.m. on Thursday, September 18, 2008.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 16th day of September, 2008.

Bobby Jindal

Governor

ATTEST BY

THE GOVERNOR

Jay Dardenne

Secretary of State

0810#065

EXECUTIVE ORDER BJ 08-100

Hurricane Ike—Delay and Rescheduling of Elections in Cameron and Terrebonne Parishes

WHEREAS,in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to qualify or exercise their right to vote, to minimize to whatever degree possible a person’s exposure to danger during declared states of emergency, and to protect the integrity of the electoral process,” the Louisiana Legislature enacted R.S. 18:401.1 to provide “a procedure for the emergency suspension or delay and rescheduling of qualifying, early voting, and elections”;

WHEREAS,on September 16, 2008, pursuant to the provisions of R.S. 18:401.1(B), the Secretary of State certified to the Governor that as a result of Hurricane Ike a state of emergency exists in the parishes of Cameron and Terrebonne;

WHEREAS,pursuant to the Secretary of State’s September 16, 2008 certification, the Secretary of State recommended that an executive order be issued to delay and reschedule the elections for: justice of the peace, Justice of the Peace Ward 3; constable, Justice of the Peace Ward 3; and constable, Justice of the Peace Ward 6 scheduled in the parish of Cameron for Saturday, October 4, 2008, from 6:00 a.m. until 8:00 p.m., with early voting scheduled for September 20-27, 2008;

WHEREAS,pursuant to the Secretary of State’s September 16, 2008 certification, the Secretary of State recommended that an executive order be issued to delay and reschedule the elections for: council member, District 6; city marshal, City Court, city of Houma; justice of the peace, Justice of the Peace Ward 5; justice of the peace, Justice of the Peace Ward 8; justice of the peace, Justice of the Peace Ward 9; constable, Justice of the Peace Ward 1; and constable, Justice of the Peace Ward 5 in the parish of Terrebonne scheduled for Saturday, October 4, 2008, from 6:00 a.m. until 8:00 p.m., with early voting scheduled fro September 20-27, 2008; and

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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