Contents december 2010 I. Emergency rules
Part VI. Uniform Construction Code
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- DECLARATION OF EMERGENCY Department of Wildlife and Fisheries Wildlife and Fisheries Commission
- Title 76 WILDLIFE AND FISHERIES Part VII. Fish and Other Aquatic Life Chapter 3. Saltwater Sport and Commercial Fishing
- Rules RULE Department of Chilren and Family Services
- Title 48 PUBLIC HEALTH—GENERAL Part V. Community Services Subpart 8. Residential Living
- Title 28 EDUCATION
| Part VI. Uniform Construction Code
Chapter 3. Adoption of the Louisiana State Uniform Construction Code §301. Louisiana State Uniform Construction Code A. - A.1.a. … i. Repealed. 1.a.ii. - 3.b.i.(b). … c. Additionally, IRC shall be amended as follows and shall only apply to the International Residential Code. i. Substitute chapter 3, section R317 Dwelling Unit Separation of the 2006 IRC, in lieu of the Section 313 Automatic Fire Sprinkler Systems of the 2009 IRC. In addition chapter 3, section R 302.2, Townhouses, of the 2009 IRC, is amended as follows: Exception: a common 2-hour fire-resistance–rated wall is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with section R302.4. Furthermore chapter 3, section R302.2.4, Structural independence, of the 2009 IRC, is amended as follows: Exceptions: Number 5 Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in section R302.2 ii. Amend chapter 3, section R315.2, Where Required in Existing Dwellings: when alterations, repairs or additions occur or where one or more sleeping rooms are added or created in existing dwellings that have attached garages or in existing dwellings within which fuel fired appliances exist, carbon monoxide alarms shall be provided in accordance with section R315.1. 3.c.iii. - 7. … AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1730.22(C) and (D) and 40:1730.26(1). HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, State Uniform Construction Code Council, LR 33:291 (February 2007), amended LR 34:93 (January 2008), LR 34: 883 (May 2008), LR 34:2205 (October 2008), LR 35:1904 (September 2009), LR 36:2574 (November 2010), LR 37:
Undersecretary 1012#086
Commercial Spotted Rod and Reel Fishery (LAC 76:VII.341) The Wildlife and Fisheries Commission does hereby exercise the emergency provisions of the Administrative Procedure Act, R.S. 49:953, and pursuant to their authority under R.S. 56:6(10), 56:6(25)(a), 56:325.3, and 56:326.3, adopts the Declaration of Emergency set forth below to set the opening date for the commercial harvest of spotted seatrout. Effective December 12, 2010, the commercial season for the harvest of spotted seatrout shall open, and remain open until the maximum annual quota is reached, or on the date projected by the staff of the Department of Wildlife and Fisheries that the quota will be reached, or until sunset December 31, 2010 whichever comes first. The following modifications are established as a modification to the existing rules under the Louisiana Administrative Code Title 76 for harvest of spotted seatrout, in order to have consistent rules with the legislative rules established under the Louisiana Revised Statutes Title 56 by Act 979. Title 76 WILDLIFE AND FISHERIES Part VII. Fish and Other Aquatic Life Chapter 3. Saltwater Sport and Commercial Fishing §341. Spotted Seatrout Management Measures A. Commercial Season; Quota; Permits 1. The commercial season for spotted seatrout whether taken from within or without Louisiana state waters shall remain closed until January 2 of each year, when it shall open and remain open until the maximum annual quota is reached, or on the date projected by the staff of the Department of Wildlife and Fisheries that the quota will be reached, whichever comes first. The commercial harvest or taking of spotted seatrout is prohibited during the period from sunset on Friday through sunrise on Monday, and there shall be no possession of spotted seatrout in excess of the recreational limit during the period between 10:00 p.m. and 5:00 a.m. 2. - 3.d. … 4. The commercial taking or commercial harvesting of spotted seatrout shall be prohibited within Louisiana waters west of the Mermentau River. B. - C. … AUTHORITY NOTE: Promulgated in accordance with Act Number 157 of the 1991 Regular Session of the Louisiana Legislature, R.S.56:6(25)(a); R.S. 56:306.5, R.S. 56:306.6, 56:325.1(A) and (B); R.S. 56:325.3; R.S. 56:326.3; Act 1316 of the 1995 Regular Legislative Session; and Act 1164 of the 2003 Regular Legislative Session. HISTORICAL NOTE: Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 18:199 (February 1992), amended LR 22:238 (March 1996), LR 24:360 (February 1998), LR 26:2333 (October 2000), LR 30:1509 (July 2004), LR 30:2498 (November 2004), repromulgated LR 32:125 (January 2006), amended LR 32:1071 (June 2006), LR 37: The Secretary of the Department of Wildlife and Fisheries is authorized and directed to take any and all necessary steps on behalf of the commission to promulgate and effectuate this Declaration of Emergency, including but not limited to, the preparation of reports and correspondence to other agencies of government, and the effectuation of the provisions of this Declaration of Emergency for the duration of this season.
Secretary 1012#027
Recreational and Commercial Fisheries Closure In accordance with the emergency provisions of R.S. 49:953 of the Administrative Procedure Act, and under the authority of R.S. 56:6.1, the Wildlife and Fisheries Commission hereby closes all commercial fishing, effective immediately December 2, 2010, in the following area: That portion of state and territorial waters bounded by the following coordinates: 1) 29 degrees 12 minutes 35 seconds north latitude 89 degrees 01 minutes 05 seconds west longitude, 2) 29 degrees 11 minutes 35 seconds north latitude 89 degrees 01 minutes 10 seconds west longitude, 3) 29 degrees 11 minutes 10 seconds north latitude 89 degrees 02 minutes 00 seconds west longitude, 4) 29 degrees 11 minutes 35 seconds north latitude 89 degrees 02 minutes 55 seconds west longitude, and that portion of state inside and outside territorial waters south of the southern shore of Pass a Loutre and 29 degrees 11 minutes 25 seconds north latitude westward to 89 degrees 25 minutes 00 seconds west longitude and the eastern shore of Southwest Pass of the Mississippi River and south of 29 degrees 08 minutes 35 seconds north latitude inside of a line extending seaward one-quarter mile or more from the shoreline beginning at 29 degrees 11 minutes 25 seconds north latitude 89 degrees 03 minutes 30 seconds west longitude; thence east southeast to 29 degrees 11 minutes 00 seconds north latitude 89 degrees 02 minutes 25 seconds west longitude; thence south southwest to 29 degrees 08 minutes 55 seconds north latitude 89 degrees 06 minutes 15 seconds west longitude; thence east southeast to 29 degrees 08 minutes 15 seconds north latitude 89 degrees 02 minutes 10 seconds west longitude; thence south southwest to 29 degrees 04 minutes 50 seconds north latitude 89 degrees 04 minutes 10 seconds west longitude; thence north northwest to 29 degrees 06 minutes 00 seconds north latitude 89 degrees 06 minutes 00 seconds west longitude; thence south southwest to 28 degrees 59 minutes 35 seconds north latitude 89 degrees 08 minutes 00 seconds west longitude; thence south southwest to 28 degrees 59 minutes 15 seconds north latitude 89 degrees 08 minutes 15 seconds west longitude; thence south southwest to 28 degrees 58 minutes 20 seconds north latitude 89 degrees 10 minutes 00 seconds west longitude; thence north northwest to 29 degrees 02 minutes 40 seconds north latitude 89 degrees 16 minutes 20 seconds west longitude; thence south southwest to 28 degrees 54 minutes 40 seconds north latitude 89 degrees 25 minutes 00 seconds west longitude excluding those waters within Pass a Loutre west of 89 degrees 02 minutes 00 seconds west longitude, Northeast Pass west of 89 degrees 02 minutes 10 seconds west longitude, Southeast Pass west of 89 degrees 04 minutes 10 seconds west longitude and South Pass west of 89 degrees 08 minutes 00 seconds west longitude, and that portion of state inside waters north of 29 degrees 26 minutes 00 seconds north latitude and south of 29 degrees 30 minutes 00 seconds north latitude from 89 degrees 50 minutes 00 seconds west longitude westward to the eastern shore of the Barataria Waterway, and that portion of state inside and outside territorial waters bounded by the following coordinates: 1) 29 degrees 21 minutes 00 seconds north latitude 89 degrees 52 minutes 00 seconds west longitude, 2) 29 degrees 18 minutes 00 seconds north latitude 89 degrees 52 minutes 00 seconds west longitude, 3) 29 degrees 15 minutes 40 seconds north latitude 89 degrees 56 minutes 00 seconds west longitude, 4) 29 degrees 17 minutes 10 seconds north latitude 89 degrees 57 minutes 30 seconds west longitude. Recreational fishing is open in all state inside and outside territorial waters, except in the following areas, where only recreational angling and charter boat angling is allowed: that portion of state inside waters north of 29 degrees 26 minutes 00 seconds north latitude and south of 29 degrees 30 minutes 00 seconds north latitude from 89 degrees 50 minutes 00 seconds west longitude westward to the eastern shore of the Barataria Waterway, and that portion of state inside and outside territorial waters bounded by the following coordinates: 1) 29 degrees 21 minutes 00 seconds north latitude 89 degrees 52 minutes 00 seconds west longitude, 2) 29 degrees 18 minutes 00 seconds north latitude 89 degrees 52 minutes 00 seconds west longitude, 3) 29 degrees 15 minutes 40 seconds north latitude 89 degrees 56 minutes 00 seconds west longitude, 4) 29 degrees 17 minutes 10 seconds north latitude 89 degrees 57 minutes 30 seconds west longitude. The Deepwater Horizon drilling rig accident has resulted in a significant release of hydrocarbon pollutants into the waters offshore of southeast Louisiana and these pollutants have the potential to impact fish and other aquatic life in portions of Louisiana’s coastal waters. Efforts have been made and are continuing to minimize the potential threats to fish and other aquatic life. The commission hereby grants authority to the Secretary of the Department of Wildlife and Fisheries to open, close, reopen-reclose, broaden or otherwise modify the areas closed and opened to fishing if biological, environmental and technical data indicate the need to do so, or as needed to effectively implement the provisions herein. Stephen W. Sagrera Vice-Chairman 1012#026
Small Coastal Shark Commercial Season Closure In accordance with the emergency provisions of R.S. 49:953, which allows the Department of Wildlife and Fisheries and the Wildlife and Fisheries Commission to use emergency procedures to set finfish seasons, R.S. 56:326.3 which provides that the Wildlife and Fisheries Commission may set seasons for saltwater finfish, and the authority given to the secretary of the department by the commission in its rule, LAC 76:VII.357.M.2, which allows the secretary authority to modify seasons to maintain consistency with the adjacent federal waters, and that such closure order shall close the season until the date projected for the re-opening of that fishery in the adjacent federal waters, the Secretary of the Department of Wildlife and Fisheries hereby declares: Effective 11:30 p.m., November 18, 2010, the commercial fishery for Small Coastal Sharks in Louisiana waters, as described in LAC 76:VII.357.B.1, (bonnethead shark, Atlantic sharpnose shark, blacknose shark, finetooth shark) will close until further notice. This closure will not pertain to persons holding a Federal Shark Research Permit issued by NOAA Fisheries Service, when those persons are legally fishing under the regulations promulgated for that permit including that a NMFS-approved observer is aboard the vessel. Nothing herein shall preclude the legal harvest of Small Coastal Sharks by legally licensed recreational fishermen during the open season for recreational harvest. Effective with this closure, no person shall commercially harvest, possess, purchase, exchange, barter, trade, sell or attempt to purchase, exchange, barter, trade or sell small coastal sharks, whether taken from within or without Louisiana waters, except for a Federal Shark Research Permit holder, when legally operating under that Permit. Also effective with the closure, no person shall possess Small Coastal Sharks in excess of a daily bag limit whether taken from within or without Louisiana waters, which may only be in possession during the open recreational season. Nothing shall prohibit the possession or sale of fish legally taken prior to the closure, or from Federal Shark Research Permit holders, provided that all commercial dealers possessing Small Coastal Sharks taken legally prior to the closure shall maintain appropriate records in accordance with R.S. 56:306.5 and R.S. 56:306.6. The secretary has been notified by NOAA Fisheries Service that the harvest of Small Coastal Sharks in the federal waters of the Gulf of Mexico has closed at 11:30 p.m. local time on November 2, 2010, and will be closed until 30 days after promulgation of seasonal rules for the 2011 shark season. The commercial season for harvest of small coastal shark in Louisiana waters will remain closed until the announcement is made of the seasons for the harvest of small coastal shark in federal waters off of Louisiana. Establishing this closure is necessary to ensure that compatible regulations are in effect, and to increase effectiveness of enforcement operations.
Secretary 1012#002
Territorial Waters Shrimp Closure In accordance with the emergency provisions of R.S. 49:953 of the Administrative Procedure Act, and under the authority of R.S.56:497 which provides that the Wildlife and Fisheries Commission shall have the authority to open or close state outside waters to shrimping by zone each year as it deems appropriate, the Wildlife and Fisheries Commission hereby orders a closure to shrimping in that portion of state outside waters, south of the Inside/Outside Shrimp Line as described in R.S. 56:495, from the western shore of Freshwater Bayou Canal at 92 degrees 18 minutes 33 seconds west longitude to the U.S. Coast Guard navigational light off the northwest shore of Caillou Boca at 29 degrees 03 minutes 10 seconds north latitude and 90 degrees 50 minutes 27 seconds west longitude. This closure is effective at official sunset, Tuesday, December 21, 2010. R.S. 56:498 provides that the possession count on saltwater white shrimp for each cargo lot shall average no more than 100 (whole specimens) count per pound except during the time period from October fifteenth through the third Monday in December. Current biological sampling conducted by the Department of Wildlife and Fisheries has indicated that average white shrimp size in this portion of state outside waters is slightly larger than 100 count per pound; however, historical data indicate that significant numbers of smaller size white shrimp occupying coastal lakes and bays migrate into these waters as water temperatures drop in conjunction with the onset of winter. This action is being taken to protect these small white shrimp and provide them the opportunity to grow to a larger and more valuable size. The Wildlife and Fisheries Commission authorizes the Secretary of the Department of Wildlife and Fisheries to delay the closing date, if marketable quantities of shrimp are available for harvest, and to close to shrimping, if necessary to protect small white shrimp, any part of remaining state outside waters, if biological and technical data indicate the need to do so or if enforcement problems develop, and to reopen any area closed to shrimping when the closure is no longer necessary; and hereby authorizes the Secretary of the Department of Wildlife and Fisheries to open and close special shrimp seasons in any portion of state inside waters where such a season would not detrimentally impact developing brown shrimp populations.
Vice-Chairman 1012#028
Rules RULE Department of Chilren and Family Services Child Welfare Section and Economic Stability and Self-Sufficiency Section Residential Licensing—Disqualification (LAC 48:V.6955) Editor’s Note: This Section is being repromulgated to correct a citation error. The original Rule may be viewed in its entirety on pages 831-838 of the April 20, 2010 edition of the Louisiana Register. In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Department of Social Services (DSS), Office of Family Support (OFS) and Office of Community Services (OCS), promulgated rules in the Louisiana Administrative Code (LAC) Title 48, Part I, Subpart 3, Chapter 88, Adult Residential Care Licensing, Title 67, Part III, Subpart 21, Chapter 73, Child Day Care Licensing, and LAC Title 67, Part V, Subpart 8, Chapters 61-69, Residential Licensing pursuant to the general rule-making authority of the department under R.S. 46:51 and the specific rule-making authority over child care facilities and child placing agencies granted by the Child Care Facility and Child-Placing Agency Licensing Act, R.S. 46:1401-1426, and the specific authority to create rules for transitional living granted by the Transitional Youth Residence Act, R.S. 46:1451-1455. State licensing regulations for child care facilities provided no disqualification period for licensees who have had a prior license revoked for failure to comply with State laws and regulations governing facilities providing out-of-home care for children and elderly or infirmed adults. This lack of specific disqualification periods had allowed substandard facilities to take temporary remedial action and reapply for a new license immediately following revocation of the previous one. Title 48 PUBLIC HEALTH—GENERAL Part V. Community Services Subpart 8. Residential Living Chapter 69. Child Residential Care §6955. Procedures A. - G.2.d. …. H. Disqualification from Application 1. Definitions, as used in this Section: Affiliate— i. with respect to a partnership, each partner thereof; ii. with respect to a corporation, each officer, director and stockholder thereof; iii. with respect to a natural person: (a). that person and any individual related by blood, marriage, or adoption within the third degree of kinship to that person; (b). any partnership, together with any or all its partners, in which that person is a partner; and (c). any corporation in which that person an officer, director or stockholder, or holds, directly or indirectly, a controlling interest; iv. with respect to any of the above, any mandatory, agent, or representative or any other person, natural or juridical acting at the direction of or on behalf of the licensee or applicant; or v. director of any such child residential care home.
i. any license issued by the department to operate any child care facility or child-placing agency as defined in R.S. 46:1403; ii. any license issued by the department to operate any adult residential care facility as defined in R.S. 40:2153; or iii. any license issued by the department to operate any transitional youth residence as defined in R.S. 46:1453. Provider―all owners or operators of a facility, including the director of such facility. If the owner is a corporate entity, the owners are the officers, directors, and shareholders of the facility. Unlicensed Operation―operation of any child care facility or child-placing agency, adult residential care facility, or transitional youth residence, at any location, without a valid, current license issued by the department. 2. Disqualification of Facility and Provider a. If a facility’s license is revoked or not renewed due to failure to comply with state statutes and licensing rules, the department shall not accept a subsequent application from the provider for that facility or any new facility for a minimum period of two years after the effective date of revocation or non-renewal or a minimum period of two years after all appeal rights have been exhausted, whichever is later (the disqualification period). Any subsequent application for a license shall be reviewed by the secretary or their designee prior to a decision being made to grant a license. The department reserves the right to determine, at its sole discretion, whether to issue any subsequent license. b. Any voluntary surrender of a license by a facility facing the possibility of adverse action against its license (revocation or non-renewal) shall be deemed to be a revocation for purposes of this rule, and shall trigger the same disqualification period as if the license had actually been revoked. c. In addition, if the applicant has had a substantial history of non-compliance, including but not limited to revocation of a previous license, operation without a license, or denial of one or more previous applications for licensure, the department may refuse to accept a subsequent application from that applicant for a minimum period of two years after the effective date of denial. d. The disqualification period provided in this Section shall include any affiliate of the provider. AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1401 et seq. HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, Bureau of Licensing, LR 27:1565 (September 2001), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2740 (December 2007), repromulgated by the Department of Social Services, Office of Community Services, LR 35:1617 (August 2009), amended LR 36:331 (February 2010), LR 36:836, 842 (April 2010), repromulgated LR 36:1032 (May 2010), repromulgated LR 36:1277 (June 2010), amended by the Department of Children and Family Services, Child Welfare Section, LR 36:1463 (July 2010), amended by the Child Welfare Section and Economic Stability and Self-Sufficiency Section, LR 36:2522 (November 2010), repromulgated LR 36:2838 (December 2010). Kristy H. Nichols Secretary 1012#030
Registration and Licensure (LAC 28:IX.101, 103, 105, 302, 303, 305, 317, 319, and 501) In accordance with the Administrative Procedure Act, R.S. 17:1808 et seq., the state Board of Regents has amended the rules and regulations to LAC Part IX, Regents, Rules for Registration and Licensure. Title 28 EDUCATION
Directory: osr -> reg reg -> Contents september 2009 I. Executive order reg -> Contents october 2013 I. Executive orders osr -> Table of Contents Title 7 agriculture and animals osr -> Table of Contents Title 46 Professional and Occupational Standards osr -> Table of Contents Title 46 Professional and Occupational Standards osr -> Part I. Wildlife and Fisheries Commission and Agencies Thereunder 1 reg -> Contents april 2009 I. Executive order osr -> Chapter Purpose 2 §101. Introduction 2 Download 3.89 Mb. Share with your friends:
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