PLAQUEMINES PARISH MAN CITED FOR VIOLATING DEPARTMENT OF HEALTH AND HOSPITALS TRANSPLANT PERMIT

Release Date: 04/23/2007

Louisiana Department of Wildlife and Fisheries (LDWF) Enforcement Division agents cited a Plaquemines Parish resident on April 11 for alleged violations of the state sanitary code specific to oysters. 


Agents assigned to the Oyster Strike Force and Enforcement Region 8 investigated subjects utilizing Department of Health and Hospitals (DHH) transplant permits in lower St. Bernard Parish.  Agents boarded the motor vessel "Champion" and found the boat captain in violation of the permit.


Agents cited Brock Joseph Buras, 30, of Port Sulphur, for two violations of the transplant permit.  Buras was cited within the last three years for oyster harvesting violations and did not have the transplant permit on the vessel.

State sanitary code regulations require that no permittee, boat captain or crew member may serve on any vessel subject to this permit who has been cited or found guilty of violations relative to the harvesting of shellfish within three years of the application date; provided, however that said permittee, crew member or boat captain may receive a waiver of this condition with regard to those citations which did not result in a conviction upon the appropriate showing being made to LDWF.


State sanitary code regulations require that a copy of the complete transplant permit and applicable rules shall be on board each authorized vessel at all times during the active period of the transplant permit.
Failure to comply with any of the permitting requirements specified in 141-147 shall result in the following administrative action:


1. The transplant permit and all transplant permitting privileges shall be immediately suspended by DHH or LDWF.


2. All shellfish harvested for transplanting purposes in violation of permitting requirements shall be returned to the original growing waters or destroyed at a permittee's own expense.


3. If said charges are upheld in an administrative hearing, the following additional penalties shall be imposed:

a. Transplant permitting privileges shall be denied for a period of three years.


b. The $5,000 cash bond posted by the permittee shall be forfeited and retained by the state.


Agents participating in the case were Sgt. Bryan Marie, Sr. Agt. Mike Garrity, Lt. Stephen McManus, Senior Agent Kris Bourgeois and Cpt. Brian Clark.


For more information, contact Lt. Col. Keith LaCaze at 225-765-2988 or klacaze@wlf.louisiana.gov.
2007-109