/CLAIBORNE PARISH WATERSHED COMMISSION:Regulations

1. Comply with Louisiana Uniform Pleasure Boating Act, Revised Statute 34, starting with 850.1. The enforcement authorities are the sheriff and wildlife law enforcement agents.

2. Report to the sheriff safety concerns.

3. Report to the sheriff anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel of any stream, drain, or natural flow of the feeder streams of the watershed of Lake Claiborne.

4. Operation of any motor vessel in an area two feet above pool stage is prohibited when the operation of such motor vessel causes or may cause inundations of dwellings, camps, business establishments or similar structures. The enforcement authority is the sheriff.

Information Available: The Handbook of Louisiana Boating Laws & Responsibilities may be obtained from Dept. of Wildlife and Fisheries, 1-225-765-2984, www.wlf.state.la.us

RESTRICTIONS ON BOATING WHEN THE LEVEL OF LAKE CLAIBORNE IS HIGH

The Claiborne Parish Watershed District has authority to manage lake activities during flooding. Its policy is to:

close the lake to boat traffic when the lake level reaches 2 feet above pool stage to help control wave damage to shorelineproperty;
open the lake again to boat traffic when the lake level has dropped to 1.5 feet above pool stage and there are nostorms predicted
that would cause lake levels to rise again in the immediate future.

The Watershed District Commission has arranged that the parish Police Jury Secretary-Treasurer and the parish Emergency
Management Director will be responsible for implementing this policy by monitoring the lake level, issuing flood-related orders
(closing and opening the lake to boating), and notifying the Claiborne Parish Watershed District office (927-5161), sheriff, state park
officials, private boat launches, and others who request to be notified.

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B. WATERSKIING

1. Comply with Louisiana Uniform Pleasure Boating Act, Revised Statute 34, starting 851.15. The enforcement authorities are the sheriff and wildlife law enforcement agents.

2. Observe NO SKIING zones, marked along the tree stump line. The Watershed District has defined boundaries as follows: Skiing is permitted in the recreation area near the dam, including Coleman creek up to, but not beyond, the bridge on Highway 146, the 1000 foot channel and the recreation area near King's Point at the fork of D'Arbonne and Beaver Creek. All boat roads into and out of open areas along the shore line are restricted from skiing for safety of the skier, as well as the safety of fishermen. There should not be any skiing within 200 feet of the wooded area near the dam and spillway. The enforcement authorities are wildlife law enforcement agents & sheriff.

Information Available: The Handbook of Louisiana Boating Laws & Responsibilities may be obtained from Dept. of Wildlife and Fisheries, 1-225-765-2984, www.wlf.state.la.us

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C. HUNTING AND WATERFOWL

1. Comply with Louisiana Hunting Law, particularly Revised Statute 56, the official regulations of the Louisiana Wildlife and Fisheries.

2. Report to the sheriff safety concerns.

3. Hunter Respect on Lake Claiborne requires 1) no hunting on the lake within 250 yards of an improved shoreline or of existing hunting activity without the consent of those engaged in the \softline existing activity; 2) in open water navigable areas, no anchored blinds; 3) in open water navigable areas, floating blinds only during duck hunting season and only with clear display of the name, address, and phone number of the owner(s) and with reflectors on all sides; 4) no cutting of cypress trees on Lake Claiborne and no attachment to cypress trees by nail, screws, or other hardware. "Hunting " refers to hunting from a duck blind, from wading, or from a boat; "duck hunting season" refers to the season in which duck hunting (or teal hunting in special teal seasons) is permitted and thirty (30) days before and after this season; and "open water navigable areas" refers to waters marked by buoys, or, where buoys are not in place, waters beyond the tree stump line. Guidelines developed in 2002 after a public hearing in 2000.

Information Available: Hunting Seasons and Wildlife Management Area Regulations pamphlet, and hunting and waterfowl pamphlets, are available at local hunting license vendors, Dept. of Wildlife and Fisheries local enforcement agent in Minden 371-3049, state office at 1-225-765-2984, or www.wlf.state.la.us/apps/netgear/index.asp?cn=lawlf&pid=1154.

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D. FISHING

1. Comply with Louisiana Fishing Law, particularly Revised Statute 56, the official regulations of Louisiana Wildlife and Fisheries.

2. Specific to Lake Claiborne and a few other lakes, Wildlife and Fisheries prohibits commercial use of gill nets, trammel nets, and fish seines.

Information Available: Recreational and commercial fishing pamphlets are available from Dept. of Wildlife and Fisheries enforcement agent in Minden 371-3049, state office 1-225-765-2984, or www.wlf.state.la.us/apps/netgear/index.asp?cn=lawlf&pid

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E. RESIDENTIAL BUILDING CONSTRUCTION

The Claiborne Parish 911 office will report to the Watershed District construction of all new dwellings within one mile of and above high water marks of Lake Claiborne and will provide to prospective new owners and builders lake information, including Watershed District contacts.

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F. SHORE LINE IMPROVEMENTS

1. A construction onto Lake Claiborne is generally acceptable if it extends no more than fifty linear feet into an open area \softline of the lake, its surface area does not exceed one hundred fifty square feet, and it is not part of another encroachment.

2. Specific sites vary greatly in their suitability for placement of constructions, for example:

- A pier that originates in a cul de sac may need to be longer to reach sufficiently deep water.

- A structure in a cove may need to be shorter, to prevent obstructing navigation.

3. The guiding principle for all constructions onto the lake is the expected impact on neighbors and public interests, including navigation, hunting, fishing, plant and wildlife habitat, and natural scenic beauty.

4. Address any uncertainties to a Watershed District Commissioner before construction begins.

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G. COMMERCIAL ESTABLISHMENTS

Construction of establishments designed for the purpose of making commercial use of the facilities provided by Lake Claiborne requires purchase of a permit in the amount of $25.00. The permit must be renewed annually payable before February 1. Existing establishments designed for the purpose of making commercial use of the facilities provided by Lake Claiborne requires purchase of $25.00 permit fee payable annually before February 1.

Call the Claiborne Parish Watershed District Office 318-927-5161 to be referred to a Watershed District Commissioner to obtain or renew a permit.

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H. HOUSEBOATS AND CAMPS

Comply with provisions of the Louisiana Administration Code: Title 51, Part XIII: Public Health Sanitary Code, including (1) provision Vessels which are permanently moored shall be connected to an approved sewerage system and (2) provisions for all types of campsites (Chapter 15). A permit from the Claiborne Parish Office of Public Health is required for all houseboats and camps.

Information Available: The Louisiana Administration Title 51 Public Health Sanitary Code can be downloaded from the website: http://www.state.la.us/osr/lac/51v01/51v01.pdf. Chapter XIII addresses Sewerage Disposal.

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I. SANITATION REPORT SANITARY CODE VIOLATION

1.. Comply with provisions of the Louisiana Administration Code: Title 51, Part XIII: Public Health Sanitary Code, including requirements that:

- A permit must be obtained from the Office of Public Health-Claiborne Parish Unit before constructing a new dwelling. Property must accommodate a waste disposal system, so it is important to contact the parish Office of Public Health's sanitarian early.

- Individual sewerage systems must be kept in service and in a serviceable condition sufficient to insure compliance with the Sanitary Code and in order to avoid creating or contributing to a nuisance or a public health hazard.

- A person shall not directly or indirectly discharge, or allow to be discharged, the contents or effluent from any plumbing fixtures, vault, privy, portable toilet, or septic tank, into any road, street, gutter, ditch, water course, body of water, or onto the surface of the ground.

2. Any concerns about possible violations of the Sanitary Code should be reported to the Office of Public Health - Claiborne Parish Unit Sanitarian. Penalties are specified in the state Sanitary Code.

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NOTES ON HISTORY AND AUTHORITY

(WLF=Dept. Of Wildlife and Fisheries; CPWD=Claiborne Parish Watershed District; R.S.=Louisiana Revised Statutes)
*A,*B, *C, *D: BOATING, WATERSKIING, HUNTING AND WATERFOWL, FISHING
WLF Authority R.S. 36 Sec.605. Powers and duties of the secretary of Wildlife and Fisheries ...(4)(a) Enforce the laws of the state relative to wildlife and fisheries, including regulations relative to illegal hunting, fishing, and trapping, boating safety regulations, and the prohibited methods, times, or seasons, and locations . and... the illegal possession of wildlife. R.S. Part I of Chapter 13 (enacted by Section 1 of Act 1993, No. 830) "Powers and Duties of the Louisiana Wildlife and Fisheries Commission" granting to the Wildlife and Fisheries Commission the sole authority to control and regulate hunting, fishing and boating in certain water conservation districts, repealing sections of CPWD described below.
CPWD Authority - REPEALED (by Section 2 ACT 1993, NO. 830): [from Historical and Statutory Notes] RS 38:2501 (10)(f), prior to repeal, read "(f) To promulgate and enforce all the regulations pertaining to hunting, fishing, water sports, boating and the operation of any water craft upon Lake Claiborne and its watershed, said hunting and fishing regulations shall be subject to approval by Wildlife and Fisheries Commission of the State of Louisiana. RS 38:2870, prior to repeal, read: "(6) To establish rules and regulations and to cause same to be enforced with regard to hunting and fishing, water sports, boating recreation and any and all other activities engaged in upon Lake Claiborne or its watershed. Said regulations shall be approved by the Louisiana Wildlife and Fisheries Commission before becoming effective. (7) To fully regulate all commercial fishing on Lake Claiborne, to issue such permits and licenses for commercial fishing, to regulate the number of such permits and licenses, fix the amount or fix for the issuance of same and to revoke any such licenses or permits at the discretion of the board. Said regulations to be approved by the Wildlife and Fisheries Commission before becoming effective." RS 38:2874, prior to repeal, read "A. The Board of Commissioners of the Claiborne Parish Watershed District shall have the-right to determine and to fix the necessary rules and regulations pertaining to the fluctuation of the waters of the said lake and to do any and all other things necessary and proper within its discretion for the proper management of fish, game and wildlife over, along and upon the said lake and its watershed. B. The Board of Commissioners of the Claiborne Parish Watershed District shall have the power and authority to establish and promulgate all rules and regulations pertaining to hunting and fishing upon Lake Claiborne and its watershed, including the right to limit or restrict hunting and, fishing to certain times and places, the right to construct and to control the construction of all duck blinds thereupon, and to regulate the hours of hunting and fishing upon the said lake, its waters and its watershed, so long as said rules and regulations are first approved by the Louisiana Wildlife and Fisheries Commission and are within the laws of the state or federal authority. C. The Board of Commissioners of the Claiborne Parish Watershed District shall have authority to regulate the size and type of watercraft, boats or other flotilla upon the waters of said lake; to issue a license or permit for each such watercraft, boat or flotilla and to levy and collect a license or permit fee therefor."
*A BOATING
WLF Authority R.S.34 Sec. 851.27. A. The state reserves to itself, through...Wildlife and Fisheries, the right to regulate the operation and to establish the minimum equipment requirements of vessels and motorboats...all political subdivisions of this state are prohibited from regulating watercraft in any respect, including, but not limited to, their operation, minimum equipment requirements, registration (with or without a fee), or inspection...R.S.34 Sec. 851.29. It shall be the duty and responsibility of every wildlife agent and peace officer of this state and its subdivisions to enforce the provisions of this Part.
CPWD Authority R.S. 34 Sec. 851.25. A. Notwithstanding any provisions of law to the contrary, the governing authority of any parish...may prohibit the operation of any motor vessel in an area that is inundated from a body of water that is above flood stage when operation of such motor vessel causes or may cause inundations of dwellings, camps, business establishments or similar structures. B. This Subsection shall not apply to law enforcement officers, members of the National Guard, commercial fishermen and members of a rescue or disaster relief organization or group when any of such people are in the exercise of their duties. In addition, these provisions shall not apply to a person who resides or owns property in or adjacent to the flooded area or his representatives while engaged in caring for his life, family, or property or the lives, families, or property of his neighbors or to a company which operates in or adjacent to the flooded area or its representatives while engaged in caring for the lives of its employees or its property provided entry is not denied by a law enforcement officer or other person authorized to be within the area in the exercise of his duties. C. The governing authority of any parish or municipality may establish penalties for violations of such ordinances in accordance with law. Claiborne Parish Watershed District Resolution, May 19, 1997, requires the sheriff to close Lake Claiborne to all boat traffic except in extreme emergency, when Lake Claiborne reaches two feet above pool stage. R.S.34 851.27. B.(1) The governing authority of any parish or municipality may establish and post speed limits on waterways within its jurisdiction ...; such speed limits, if established, shall be posted along the affected waterway.....(2) Not Applicable (municipal ordinances) (3) Speed limits established under this Section shall be enforced by the sheriffs, local law enforcement officers, state police and permanent status wildlife agents and commissioned wildlife agents and officers who shall have the power to make arrests for purposes of such enforcement. (4) The governing authority of any parish or municipality may establish penalties for violation of such ordinances in accordance with law. R.S. 38 38: 2870 [CPWD has authority] (5) To prohibit or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.
*B WATERSKIING
WLF Authority R.S.34 Sec. 851.14: No person shall operate a watercraft within a water area which has been clearly marked, in accordance with and as authorized by the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; however, this Section shall not apply in the case of an emergency or to \softline patrol or rescue craft. R.S.34 Sec. 851.15. Waterskiing . A.(1) No motorboat which shall have in tow or shall be otherwise assisting a person on water-skis, surfboard, or similar contrivance shall be operated or propelled in or upon any waterway unless such motorboat shall be occupied by at least two competent persons. (2)(a) This Subsection shall not apply to motorboats used by duly constituted water-ski schools... (b) This Subsection shall not apply to a motorboat being operated by a person sixteen years old or older, which is equipped with a wide-angle convex marine rearview mirror of a minimum size of seven inches by fourteen inches in a position to observe the skiers being towed. (c) The provisions of this Subsection shall not apply to operation of personal watercraft. B. No motorboat shall have in tow or shall be otherwise assisting a person on water skis, surfboard, or similar contrivance from the period of one hour after sunset to one hour prior to sunrise; however, this Subsection shall not apply to motorboats used in duly authorized water ski tournaments, competitions, expositions, or trials therefor. C. All motorboats having in tow or otherwise assisting a person \softline on water skis, surfboard, or similar contrivance shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.
CPWD Authority Watershed District Resolution February 12, 1987 The Commission will request Louisiana Department of Wildlife and Fisheries to enforce the NO SKI and NO WAKE areas as marked by buoys in specific areas of Lake Claiborne.
*C HUNTING AUTHORITY
WLF Authority RS 33:120 The governing authorities of the parishes of this State are authorized to zone in order to prohibit, restrict, or regulate hunting and the shooting of firearms in the heavily populated areas, as determined by said governing bodies.
* E CONSTRUCTION OF DWELLINGS
CPWD Authority RS 38, Part IX 2875. The board of commissioners shall have the right to regulate the construction and use of all piers, docks, bridges and other improvements built or erected on any part of the district to be inundated by Lake Claiborne and shall further have the right to regulate and control the erection of any improvements of any kind whatever within one mile from the 185.0 foot contour shoreline of Lake Claiborne. The board of commissioners shall have the authority and power to regulate said improvements by the issuance of permits for same and fix a fee for the issuance of same. The board of commissioners is authorized to charge an annual fee for the permit to maintain improvements on or within one mile of the shores of Lake Claiborne. Watershed District Ordinance passed September 9, 1985: Prior to construction, an individual lot owner or builder must obtain from the Watershed District Commission a Dwelling Permit. To obtain a Dwelling Permit, the lot owner or builder must provide a permit of approval from the Claiborne Parish Department of Public Health regarding sanitation. The Commission will request that the Claiborne Electric Co-op provide hookups only upon receiving the Health Unit \softline permit and the Watershed District Dwelling permit. Watershed District Minutes Report February 27, 1986: Claiborne Electric Co-op will notify the Watershed District Commission when anyone requests electrical hookup, and the Commission will report this to the Claiborne Parish Office of Public Health Sanitarian.
* F CONSTRUCTION OF IMPROVEMENTS
CPWD Authority RS 38, Part IX 2875. (See *CONSTRUCTION OF DWELLINGS above)
* G COMMERCIALESTABLISHMENTS
CPWD Authority RS 38, Part IX 2874. Commissioners may establish and cause to be enforced regulations pertaining to commercial establishments which may be constructed for the purpose of making commercial use of the facilities provided by the said lake or its watershed; to license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of said lake, or to refuse to license or permit any commercial establishment to use the facilities provided by said lake... The regulations shall be enforced by the sheriff and violations thereof prosecuted by the district attorney...
* I SANITARY CODE REPORT SANITARY CODE VIOLATION
Office of Public Health Authority The first source of authority for promulgation of the Administrative Code Title 51:XIV (Sanitary Code) is in R.S. 36:258(B), with more particular provisions found in Chapters 1 and 4 of Title 40 of the Louisiana Revised Statutes. Some provisions of R.S. 40: (4) The state's sanitary code shall include rules governing the construction, operation, and maintenance of camps and campsites or parks used for house courts, tent camps, trailer camps, and similar premises used for living and recreational purposes; (5) The state's sanitary code shall contain rules and regulations governing facilities and premises used for lodging for hire such as hotels, motels, lodging, and boarding houses; (6) In order to protect the public against disease and nuisance resulting from the improper disposal of sanitary sewage, the state health officer shall prepare and promulgate all rules and regulations necessary to insure that adequate conveyance and disposal facilities are provided for sanitary sewage, private or public, and in such a manner that will prevent the contamination of surroundings which would have an adverse impact on drinking water supplies, recreational waters, aquatic life, and other mechanisms of human exposure to disease. Standards for quality of sanitary sewage discharged to ground surface (ditches, streams, water pools, or other drainage courses), construction of sewerage works, operation of sanitary sewage conveyance, and treatment and disposal facilities shall be included. Plans and specifications for sewerage works shall be submitted for review and approval to the state health officer or his designee. (7) In order to protect the public from disease and safety hazards associated with public and private building plumbing systems, including sewer gas intrusion into buildings with the potential of asphyxiation, and other health hazards and contamination of water supplies by sewage, toxic chemicals, or other similar matter, via "cross connections" and "back siphonage", the state health officer shall prepare and promulgate all rules and regulations necessary to assure safe building plumbing systems. These rules and regulations shall include, but not be limited to, the building water supply piping system, the building drain system, and the building mechanical piping system. Under this authority, a building refers to any structure built, erected, and framed of component structural parts designed for the housing, shelter, enclosure, or support of persons, animals, or property of any kind.

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ZONING POPULATED AREAS FROM HUNTING AND SHOOTING OF FIREARMS
RS 33:120 120. Zoning of heavily populated areas from hunting and shooting of firearms .

The governing authorities of the parishes of this State are authorized to zone in order to prohibit, restrict, or regulate hunting and the shooting of firearms in the heavily populated areas... [Last Modified: 4/24/00 7:28:26 PM]

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DISTRICT ATTORNEY WALTER MAY ON ENFORCEMENT OF DISTRICT ORDINANCES
from Minutes of Claiborne Parish Watershed Commission September 26, 2002
District Attorney Walter May provided the following information on enforcement of Watershed District Commission ordinances:
- his office is the legal advisor for the commission and, whenever requested, he will assign an attorney to attend a meeting of the commission;
- requests for an opinion on specific questions should be addressed in writing to his office -- some questions are complicated with interjurisdictional considerations that require research;
- there are two approaches open to the Commission for adopting new regulations:
1) Through state legislation
2) Watershed District Commission ordinance
- local enforcement requires authority, enforcement powers, and funds for enforcement
- there is nothing to limit the Sheriff's Department from enforcing the Commission's ordinances. and no requirement that the Department do so.
- the D.A. will prosecute violation of a properly promulgated ordinance with a penalty provision.

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Contact:

Claiborne Parish Watershed District Commission

Mailing Address: P.O. Box 266, Homer, LA 71040

Physical Address: 507 W. Main, Homer, LA 71040 (Police Jury Office Complex, Courthouse Square, Homer)

Hours: Phone Calls are answered M-F 7:30am-4:30pm Call to request a visit with a member of the commission.

Phone: (318) 927-5161

Email: cpwatershed@yahoo.com

Clerk: Jo Anne Horner

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