2019 LDWF Commercial Fishing Regs - Page 20



Landing Oysters
If you are harvesting oysters from Louisiana’s public reefs for sale
or consumption, you must land them in Louisiana and tag them
appropriately.
If you land oysters harvested from a private lease in Louisiana’s waters
outside the state (with applicable permit from LDWF), you must tag all
sacks or containers prior to leaving the state. You must install a VMS on
the vessel used to transport oysters to another state and allow LDWF
to access the system.
If you harvest oysters outside of Louisiana waters but land them in
Louisiana, you must tag sacks or containers according to the laws of
the state where you harvested the oysters.
Oyster Severance Tax
Louisiana collects a severance tax on all oysters harvested from state
waters. Taxes apply as follows:


2.5 cents per barrel of oysters fished from leased water bottoms
3 cents per barrel of oysters fished from the natural reefs
The oyster fisherman or lessee is responsible for paying these taxes,
unless they are sold to a resident wholesale/retail dealer. In that case,
the dealer is responsible. If a nonresident wholesale/retail dealer
buys oysters from a Louisiana fisherman to ship out-of-state and no
severance taxes have been paid on the oysters, the nonresident dealer
is responsible for the tax.
Standard Measurements & Labeling
A barrel is equal to 6,451.26 cubic inches and is the equivalent of two
sacks/baskets or three bushels of unshucked oysters.
You may sell in-shell oysters by volume, weight (including the weight
of the shell) or count. All oysters must be market size and wholesome.
A sack (or basket) is exactly 3,225.63 cubic inches and is the equivalent
of 1/2 barrel or 1.5 bushels of unshucked oysters.
You may only sell half-shell
oysters by weight (excluding
shell weight) or count.
A mini-sack is 1,075.21 cubic inches and is the equivalent of 1/3 of a
sack or 1/2 bushel of unshucked oysters.
LDAF certifies metal baskets to ensure accurate measurement.
Contact LDAF’s Weights and Measures Division at 225.925.3780. LDAF
and LDWF agents have the authority to inspect baskets to ensure
volumetric measurements are accurate.
All licensed oyster captains, harvesters or certified wholesale/retail
dealers of in-shell and shucked oyster products shall verify that the
oysters being sold adhere to these measurement standards. The
quantity of oysters for sale must be accurately labeled by volume,
weight or count (e.g. 1 sack, 35 pounds or 120 count) in the ‘Quantity’
field on the harvest tag. Sacks and barrels must contain correct
measurements when they are delivered to the buyer.
Oyster landings must be reported on trip tickets in either whole sacks,
bushels, barrels or pounds. You must convert any other size sack into
one of these measurements.
You may only sell shucked
oysters by fluid volume or net
drained weight at wholesale
or retail. They must be
clearly labeled by volume
or weight. A maximum of
15% free liquid by weight is
permitted for oysters sold
by volume. You may only sell
shucked oysters by count at
final retail sale; if they are
prepackaged, you must also
label them by net drained
weight.
Formula for measuring the
volume of a basket.
π H (R22+R1*R2+R12)
V=
3
Packaging, Labeling & Distributing Shucked Oysters
You must follow the National Institute of Standards and Technology’s
guidelines when packaging, labeling or distributing shucked oysters.
You may only shuck and pre-package oysters in LDH-certified facilities.
You may only ship them in LDH-approved containers.
When packing shucked oysters, you must mark the containers with:


Your packer certificate number preceded by the letters LA.
The packing date in code or by actual date.
Shipping documents for shucked oysters must show:



The name and address of the buyer.
Shipper’s name, address and certificate number.
State of origin.
You must also keep accurate records of the source of the oysters so
they can be traced back to the harvest tag and label containers of
shucked oysters with this information.
You may not use containers with the certificate number of another
packer. If you repack oysters, you must keep records which show the
packing date, certificate number and name and address of the original
shucker and packer.
You may not sell or distribute shucked oyster containers to anyone that
has not been certified by LDH. The packer, distributor or purchaser shall
not resell shucked oyster containers. Nonresidents who purchase new
and unused shucked oyster containers must have a valid certificate
from an appropriate state agency that regulates the seafood industry.
Shucked oysters must maintain a temperature of 45oF or below
throughout transit.
18

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