WHEREAS, aquaculture, which is the production, raising, harvesting and marketing of aquatic livestock and/or finfish species within or from a constructed facility, is a vital component of the economy of the state of Louisiana;
WHEREAS, through the enrollment of House Bill No. 2013 of the 2003 Regular Session of the Louisiana Legislature (hereafter "House Bill No. 2013"), the Louisiana Legislature recognized the importance of aquaculture to the state's economy, declared the need to establish an aquaculture council for the purpose of developing a program to oversee, coordinate, and regulate aquaculture in the state of Louisiana and to promote Louisiana aquacultural products, and created an aquaculture council within the Department of Agriculture and Forestry;
WHEREAS, House Bill No. 2013 was vetoed on July 11, 2003, for the reasons that Article IX, Section 7 of the Louisiana Constitution of 1974 expressly vests "the control and supervision of the wildlife of the state, including all aquatic life, . . . in the Louisiana Wildlife and Fisheries Commission", and the enforcement capabilities of the Department of Wildlife and Fisheries are needed to reduce potential risks of harm to the state of Louisiana's indigenous aquatic species and native ecosystems from escaping foreign aquatic species, or their intentional or unintentional introduction into native ecosystems; and
WHEREAS, the best interests of the citizens of the state of Louisiana will be served by creating an aquaculture advisory council within the Office of the Governor that is consistent with the Louisiana Legislature's purpose for enrolling House Bill No. 2013 and with the mandates of Article IX, Section 7 of the Louisiana Constitution of 1974, and charging it with the duty to recommend an aquaculture industry regulatory program that ensures the Louisiana Wildlife and Fisheries Commission's role in protecting and preserving the state of Louisiana's native species and ecosystems;
NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: The Louisiana Aquaculture Advisory Council (hereafter "Council") is established within the executive department, Office of the Governor.
SECTION 2: A. The duties of the Council shall be to:
1. Recommend a regulatory framework for the orderly development of a modern, sustainable aquaculture industry and the promotion of aquaculture and aquacultural products that is consistent with the mandates of Article IX, Section 7 of the Louisiana Constitution of 1974, and environmentally safe and economically feasible;
2. Based on scientific risk assessment, recommend which species of aquatic livestock and/or finfish species are suitable for aquacultural production in the state of Louisiana under controlled conditions and, for each recommended species, describe any specie-specific safeguards that may be necessary to reduce potential risks of harm to the state of Louisiana's indigenous aquatic species and/or native ecosystems;
3. Recommend appropriate criteria for requiring, granting and/or denying Louisiana aquaculture licenses and/or permits consistent with the authority granted to the Louisiana Wildlife and Fisheries Commission in Article IX, Section 7 of the Louisiana Constitution of 1974;
4. Recommend an appropriate fee structure for all proposed Louisiana aquaculture licenses and/or permits;
5. Consistent with the mandates of Article IX, Section 7 of the Louisiana Constitution of 1974, recommend rules and regulations for the enforcement of a Louisiana aquaculture industry regulatory scheme and appropriate penalties for the violation thereof without expanding the authority of any department or agency inconsistent with Article IX, Section 7 of the Louisiana Constitution of 1974;
6. Draft a guidebook which sets forth all regulations, recommendations, and necessary or helpful information associated with the raising, producing, harvesting, marketing, transporting, and/or selling of the various types of aquatic livestock and/or finfish species the Council recommends for Louisiana aquaculture production under controlled conditions;
7. Identify all impediments to the development of an aquaculture industry in the state of Louisiana, including market development, financial incentives, potential predators and research needs, and propose the means to overcome such impediments; and
8. Perform any other advisory function related to aquaculture requested by the governor.
B. In the performance of its duties under subsection 2(A) of this Order, the Council may hold public hearings and/or receive public comment by other means.
SECTION 3: A. On or before December 31, 2003, the Council shall submit a preliminary report on the issues set forth in Section 2 of this Order to the governor, the commissioner of agriculture, the secretary of the Department of Wildlife and Fisheries, the chair of the Louisiana Wildlife and Fisheries Commission, and the secretary of the Department of Economic Development.
B. On or before August 20, 2004, the Council shall submit a final report on the issues set forth in Section 2 of this Order to the governor, the commissioner of agriculture, the secretary of the Department of Wildlife and Fisheries, the chair of the Louisiana Wildlife and Fisheries Commission, and the secretary of the Department of Economic Development.
SECTION 4: The Council shall be composed of no more than twenty-two (22) members who, unless otherwise specified, shall be appointed by and serve at the pleasure of the governor. The membership of the Council shall be selected as follows:
A. The governor, or the governor's designee;
B. The commissioner of agriculture, or the commissioner's designee;
C. The secretary of the Department of Wildlife and Fisheries, or the secretary's designee;
D. The chair of the Louisiana Wildlife and Fisheries Commission, or the chair's designee;
E. The executive assistant to the governor for coastal activities, or the executive assistant's designee;
F. The secretary of the Department of Economic Development, or the secretary's designee;
G. The chair of the Senate Committee on Agriculture, or the chair's designee;
H. The chair of the House Committee on Agriculture, or the chair's designee;
I. The chair of Senate Committee on Natural Resources, or the chair's designee;
J. The chair of the House Committee on Natural Resources, or the chair's designee;
K. Two (2) faculty members of the Louisiana State University, College of Agriculture;
L. An aquatic biologist of the University of Louisiana System;
M. A representative of the Louisiana Farm Bureau Association with expertise in aquatic production;
N. A representative of the Louisiana Vocational Agriscience Teachers' Association with expertise in aquatic production and vocational agriscience;
O. A representative of the Louisiana Catfish Farmers Association with expertise in aquatic production;
P. A representative of the Coastal Conservation Association;
Q. A representative of the Louisiana Crawfish Producers Association that is an active crawfish producer;
R. A representative of the Louisiana Bass Federation;
S. An active aquatic producer nominated by the commissioner of agriculture;
T. An active game fish producer nominated by the secretary of the Department of Wildlife and Fisheries; and
U. An enforcement agent of the Department of Wildlife and Fisheries.
SECTION 5: The chair of the Council shall be appointed by the governor from the membership of the Council. All other officers, if any, shall be elected by and from the membership of the Council.
SECTION 6: The Council shall meet at regularly scheduled intervals and at the call of the chair.
SECTION 7: A. Council members shall not receive additional compensation or a per diem from the Office of the Governor for serving on the Council.
B. Any Council member who is also an employee or an elected public official of the state of Louisiana or a political subdivision of the state of Louisiana may seek reimbursement of travel expenses, in accordance with PPM 49, from their employing and/or elected department, agency and/or office.
C. Any Council member who is also a member of the Louisiana Legislature may seek a per diem from the Louisiana Senate or House of Representatives, as appropriate, for their attendance at Council meetings and/or services on the Council.
SECTION 8: Support staff, facilities, and resources for the Council shall be arranged and/or provided by the Office of the Governor.
SECTION 9: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the Council in implementing the provisions of this Order.
SECTION 10: A. This Order shall not be construed to expand and/or recommend the expansion of the authority of any department or agency inconsistent with Article IX, Section 7 of the Louisiana Constitution of 1974.
B. This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.
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 21st day of August, 2003.
M.J. "Mike" Foster, Jr.
Governor
ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State