New
Fisheries Laws
Posted:
7/21/03
The following
bills were passed by the Regular Session of the 2003 Louisiana
Legislature and will go into effect August 15 (unless otherwise
noted). In these bill summaries, the Department of Wildlife
and Fisheries is referred to as DWF, the Wildlife and Fisheries
Commission as WFC, and the Department of Natural Resources
as DNR.
Senate
Bill 2 (Act 176) — Dupre & Baldone
Exempts a commercial fisherman from having to possess a "mobile
food vendor's permit" while selling his catch (except
for oysters) directly from either his boat or residence.
Senate
Bill 14 (Act 3) — Cain
Allows a licensed saltwater charter boat fishing guide to
become licensed with a senior hunting and fishing license
instead of with a recreational fishing license. Provides that
guides born before June 1, 1940 are exempt from having to
purchase either the senior or the recreational license.
Senate
Bill 39 (Act 466) — Dupre & Pitre
Authorizes the placement of promotional stickers for the "America's
Wetland: Campaign to save Coastal Louisiana" on any state
watercraft, aircraft, automobile, truck, or other vehicle.
Effective Immediately.
Senate
Bill 45 (Act 48) — McPherson
Authorizes WFC to create a program to remove abandoned crab
traps from state-owned water bottoms. Authorizes WFC to prohibit
crab trap use in one or more areas of the state during a 16-day
period between February 1 and March 31 and during a 14-day
period, which includes the opening of the spring inshore shrimp
season. During these closed periods, any crab traps found
in the closed area shall be considered abandoned.
Senate
Bill 49 (Act 182) — Dupre & Baldone
Authorizes DWF to create a 4-year wholesale/retail dealer's
license and a 4-year transport license.
Senate
Bill 122 (Act 189) — Dupre
Allows the use of butterfly nets and bottom shrimp nets that
are not suspended from fishing boats or vessels, which are
motor-propelled and underway in Grand Pass and the 1,000-foot
area outside of where Grand Pass connects with Lake Mechant
and Caillou Lake.
Senate
Bill 213 — Dardenne & others
Proposes a constitutional amendment to establish the Louisiana
Coastal Restoration Fund using up to 20% of any additional
tobacco settlement funds that the state gets. Effective January
1, 2004, if approved.
Senate
Bill 214 — Dupre & others
Proposes a constitutional amendment to raise the $40 million
cap on mineral revenue in the Wetlands Conservation and Restoration
Fund by a minimum of $500,000. Makes the fund eligible to
receive nonrecurring revenue designated by the Revenue Estimating
Conference and requires that $35 million be allocated annually
to the fund from the Mineral Revenue Audit and Settlement
Fund.
Senate
Bill 475 (Act 71) — Thomas & others
Creates the Washington Parish Reservoir District. Effective
immediately.
Senate
Bill 504 (Act 1192) — Dardenne & Baldone
Creates the Louisiana Coastal Restoration Fund and is the
enabling legislation for Senate Bill 213.
Senate
Bill 673 (Act 830) — Ullo & Baldone
Extends the Underwater Obstruction Removal Program and its
funding through June 30, 2007 with $250,000 annually. Effective
July 1, 2003.
Senate
Bill 715 (Act 503) — B. Jones
Requires each trotline used in Lake D'Arbonne to have an 8-foot
leader attached to each end so that it will deteriorate and
fall to the bottom of the lake if unattended. Requires trotlines
to be checked daily, and removed when not in use. Requires
each trotline in the lake to be marked at each end with some
sort of floating object. Limits a person to no more than 3
trotlines, each with a maximum of 50 hooks.
Senate
Bill 716 (Act 504) — B. Jones
Limits the use of yo-yos and trigger devices on Lake D'Arbonne
to 50 per person and requires that they be checked and rebated
daily.
Senate
Bill 732 (Act 1286) — Romero
Maintains the minimum mesh size for traps used to harvest
wild crawfish at three-quarters by eleven-sixteenth of an
inch. Effective immediately.
Senate
Bill 829 (Act 233) — Barham & others.
Creates the Morehouse Parish Lake Commission.
Senate
Bill 1024 (Act 784) — Romero
Creates an "enforcement emergency situation response
account" in the Conservation Fund, with the money to
be used only by DWF Enforcement for emergency response, preparedness
and search and rescue.
Senate
Bill 1067 (Act 250) — Dupre & others
Beginning with licenses issued for the calendar year 2004,
DWF shall endorse a commercial fisherman's license as "certified"
if the fisherman can present to DWF a sales tax exemption
certificate or a notarized statement from a tax preparer that
the fisherman earns at least 50% of his income from commercial
fishing activities. DWF shall maintain a list of "certified"
commercial fishermen. The Department of Revenue shall provide
to DWF a list of names and Social Security numbers for those
persons issued certificates of sales tax exemption.
Senate
Bill 1117 (Act 1215) — Gautreaux
Makes technical changes to the law to make clear that the
Secretary of DNR has authority over the Atchafalaya Basin
Program.
Senate
Concurrent Resolution 18 — Dupre
Calls for immediate and focused efforts by the U.S. Government
to improve enforcement of food import restrictions on seafood
imports containing chloramphenicol, nitrofurans, and other
banned veterinary drugs, and urges the U.S. Food & Drug
Administration to continue to work with importers and domestic
stakeholders to exclude such banned antibiotics.
Senate
Concurrent Resolution 40 — Romero & others
Commends Paul McIlhenny and the McIlhenny Company for supportive
actions taken to promote America's Wetland Campaign to Save
Coastal Louisiana.
Senate
Concurrent Resolution 58 — Holden
Requests that the Senate and House Committees on Natural Resources
meet as a joint committee with five technical experts to study
the effects of mercury in seafood.
Senate
Concurrent Resolution 66 — Romero
Urges and requests the Atchafalaya Basin Program to study
Lake Henderson and make recommendations for its long-term
viability, including water quality, recreation features, economic
development and tourism.
Senate
Resolution 9 — Smith
Establishes as a standing committee the Senate Committee on
Agriculture, Forestry, Aquaculture, and Rural Development.
Senate
Resolution 12 — Smith
Requests DWF to end water drawdown operations to control hydrilla
in Latt Lake.
Senate
Resolution 57 — Dupre
Clarifies Senate Concurrent Resolution 18 that the Louisiana
Legislature only supports the testing of imported seafood
by the U.S. Food and Drug Administration within the boundaries
of the U.S.
Senate
Resolution 90 — Hoyt
Requests the U.S. Congress to provide adequate and immediate
protection, stabilization, and maintenance of the Gulf Intracoastal
Waterway canal banks in southwest Louisiana.
Senate
Resolution 113 — Hainkel
Recognizes the Greater Mandeville Seafood Festival on its
25th anniversary as a premier Louisiana cultural event.
House
Bill 30 (Act 77) — Baudoin & Marionneaux
Provides that residents totally and permanently disabled and
receiving non-Social Security disability retirement benefits
may purchase basic recreational fishing and saltwater licenses
for $2.50 each, and basic, big game, and bow hunting licenses
for $5.00 each. Those disabled persons receiving Social Security
disability retirement benefits are already eligible for such
licenses.
House
Bill 131 (Act 357) — Baldone
Allows a commercial fisherman to purchase a secondary fresh
products license for a spouse to allow the spouse to sell
the catch while the fisherman continues to fish. The license
shall not cost more than $5. Also provides that the Louisiana
Seafood Promotion and Marketing Board shall develop markets
only for shrimp harvested from Louisiana waters.
House
Bill 165 (Act 565) — Powell & Dupre
Adds March to the time period when escape rings on crab traps
are required to be left open.
House
Bill 170 (Act 566) — Powell & Dupre
Further defines a crab trap as being constructed of wire and
no larger than 30 inches on any side, with entrance funnels
extending no further than 7 inches into the inside of the
trap and the horizontal opening in the wall of trap shall
be at least 1½ times the vertical diameter of the opening.
Also allows a commercial fisherman to keep for personal consumption
up to 25 total fish caught in crab traps, under the recreational
limits for each species, except that no freshwater gamefish,
speckled trout or redfish may be kept.
House
Bill 250 (Act 1015) — Daniel
Allows money from the Artificial Reef Development Fund to
be used to evaluate the program.
House
Bill 271 (Act 261) — Pitre
Allows combination lifetime hunting and sportsfishing license
holders to purchase lifetime fishing gear privileges for 10
times the annual cost of each gear license.
House
Bill 424 — Pitre & others
Creates a constitutional amendment to allow the legislature
to limit the amount of money that can be awarded due to taking
of, or loss or damage to, property rights affected by coastal
conservation and restoration activities.
House
Bill 454 (Act 1026) — Jack Smith
Prohibits fish in the family Pangasiidae (tra and basa) from
being labeled as catfish or catfish products. Provides that
only fish species in the families Ictaturidae, Aridae, or
Loricariidae may be possessed as catfish or catfish product.
Exempts restaurants from the power of DWF to develop packaging
standards for retail seafood.
House
Bill 469 (Act 855) — Salter & Bruce
Provides that for a Louisiana resident to get a resident active
military license for $5, a "resident" is defined
as someone who pays Louisiana income taxes or is a registered
voter. Removes the requirement that the person carry a Louisiana
driver's license when hunting or fishing.
House
Bill 531 (Act 583) — Pitre & others
Provides that because of the catastrophic loss of coastal
lands, that the full police power of the state shall be used
and that compensation for the taking, loss or damage to private
property due to coastal restoration shall be limited to that
required by the U.S. Constitution. Provides that this law
shall be applied retroactively, as well as in the future.
Effective when the proposed constitutional amendment of Article
1 Section 4 (contents of HB 424) is adopted and becomes effective.
House
Bill 544 (Act 375) — Daniel
Prohibits altering, damaging, destroying, or driving a vehicle
on beach sand dunes, except that private landowners or their
employees or contractors may travel on dunes for inspection,
improvement, or maintenance of their land. Also allows parish
governments in parishes with a population of between 9,500
and 10,500 to set speed limits on beaches.
House
Bill 552 (Act 90) — Baldone & Pierre
Authorizes DWF to issue commercial fishing licenses and permits
through an electronic issuing system.
House
Bill 553 (Act 91) — Daniel & others
Adds the Asian swamp eel, pencil catfish and snakehead fish
families to the list of fish that cannot be possessed alive
without a permit. Exempts koi from the list. Requires that
if any fish that requires a permit to possess is taken from
state waters, that it shall not be returned to the water.
Effective immediately.
House
Bill 555 (Act 268) — Kenny & Pierre
Increases the maximum size of bass fingerlings allowed for
sale from 6 inches to 10 inches.
House
Bill 556 (Act 269) — Odinet
Prohibits the use of sweeper devices, leads, extensions, wings,
or other attachments on skimmer nets.
House
Bill 558 (Act 920) — Pierre
Creates the Public Oyster Seed Ground Development Account
to receive money as compensation for impacts to public oyster
seed grounds, seed reservations and tonging areas. The money
will be used for siting, designing, permitting, constructing,
monitoring, and cultch deposition. Requires that DWF report
annually on expenditures from the account to the Oyster Task
Force. Effective immediately.
House
Bill 559 (Act 27) — Pierre & Romero
Re-creates DWF under the Sunset Law.
House
Bill 560 (Act 921) — Jack Smith & Pierre
Requires that persons born after January 1, 1988 must complete
a boating safety class before operating a motorboat powered
by a motor of 10 horsepower or more, unless a person over
the age of 18 and qualified to operate a motorboat is on board.
Effective immediately.
House
Bill 561 (Act 323) — Jack Smith & Pierre
Allows the use of a 16 to 25-foot recreational trawl with
an $80 license and allows the take of up to 250 pounds of
shrimp per day with such a trawl.
House
Bill 562 (Act 324) — Jack Smith & Pierre
Repeals a duplicate law against operation of a boat while
intoxicated.
House
Bill 563 (Act 325) — Jack Smith & Pierre
Changes the penalties for sale of fish caught under a recreational
license from lifetime loss of recreational fishing licenses
for first offense to loss of licenses for 1 year for first
offense, 2 years for second offense, and lifetime loss for
third offense. Also provides that anyone found recreational
fishing during the loss-of-license period or anyone getting
a license during the disqualification period shall be fined
$5,000 - $7,500 and be jailed for 1 year.
House
Bill 640 (Act 98) — Winston & Schedler
Increases the penalties for intentional violation of the Natural
and Scenic Rivers Act.
House
Bill 712 (Act 328) — Hammett & others
Creates the Lake St. Joseph Recreation and Water Conservation
District in Tensas Parish.
House
Bill 749 (Act 271) — Cazayoux & others.
Allows a resident holder of a Louisiana National Guard identification
card, who is on active duty to purchase a resident active
military license for $5, which substitutes for the basic and
saltwater fishing licenses, basic hunting, big game, bow,
muzzleloader, and waterfowl licenses, turkey hunting stamps
and WMA hunting permits.
House
Bill 766 (Act 652) — Pitre & others
Provides that in accordance with Article XII, Section 10 of
the Louisiana Constitution that the state cannot be sued for
damages caused by coastal restoration projects arising under
any lease, permit or license granted for any purpose on state
lands or water bottoms. Provides that this law shall be applied
retroactively, as well as in the future.
House
Bill 812 (Act 1227) — Townsend
Provides that the Northwest Game and Fish Preserve Commission
can make rules for Black Lake, Clear Lake and Prairie Lake
under the supervision of WFC and DWF. Prohibits the use of
gill, trammel and leaded gill nets with a mesh size smaller
than 3½-inch bar and 7-inches stretched. Prohibits
the use of unattended yo-yo devices during the day, but allows
unattended use at night.
House
Bill 896 (Act 104) — Pierre & Romero
Re-creates DNR under the Sunset Law
House
Bill 900 (Act 379) — Gary Smith & Pierre
Defines "fish" to mean all finfish, shellfish, crustaceans,
and all other species of aquatic life. Allows the use in Lac
Des Allemands only, of a shad gill net to take shad and skipjack
herring (slickers) only. The net must be fished only by "strike
fishing", which means that the school of fish must be
visible from the surface and the net is placed around the
school. The fish may be taken with this net only during daylight
hours and on weekdays, in the period of November through June.
The cost of the license is $25 and shall be limited to one
license per person and one net per boat. A shad gill net may
not be used by more than two boats at one time or in any way
that restricts navigation by other vessels. The net must be
actively attended. The net shall not have a mesh size smaller
than 1-inch bar (2 inches stretched) or larger than 2 inches
bar (4 inches stretched). Each net is to have on one end a
one-gallon jug painted international orange, with the words
"Shad Gill Net" in black lettering, as well as a
tag with the fisherman's name and license number on it.
House
Bill 901 (Act 274) — Devillier & Pierre
Allows the use of a shad seine in freshwater areas of the
state except Lake Bruin, Brushy, Bruin's Bayou, Choctaw Bayou,
Ruth's Ditch, Catfish Bayou, Blue Hole, and Gillespie Ditch
in Tensas Parish, Fool River in Franklin Parish, Clear Lake
in Richland Parish, Pearl River, Pearl River Navigational
Canal, and Bogue Chitto River and Tchefuncte River from Washington
Parish to St. Tammany Parish. The net may be used to take
only shad and skipjack herring (slickers) and must be fished
only by "strike fishing", which means that the school
of fish must be visible from the surface and the net is placed
around the school. The fish may be taken with this net only
during daylight hours and on weekdays, in the period of November
through June. The cost of the license is $25 and shall be
limited to one license per person and one net per boat. A
shad seine may not be used by more than two boats at one time
or in any way that restricts navigation by other vessels.
The net must be actively attended. The shad seine shall not
have a mesh size smaller than 1-inch bar (2 inches stretched)
or larger than 2 inches bar (4 inches stretched). Each net
is to have on one end a one-gallon jug painted international
orange, with the words "Shad Seine" in black lettering,
as well as a tag with the fisherman's name and license number
on it.
House
Bill 932 (Act 1242) — Pitre & others
Creates a "Sportsman's Paradise" license plate for
privately owned trucks for all new registrations after January
1, 2004. Creates the "America's WETLAND" prestige
vehicle license plate for privately owned vehicles. The extra
fee for this plate will be $28.50, of which a $25 royalty
fee will be forwarded to America's WETLAND Foundation. Effective
Immediately.
House
Bill 991 (Act 696) — Pierre
Provides for notification to oyster leaseholders about non-renewal
of leases for areas temporarily impacted by coastal restoration
projects. Allows for future re-leasing of leases or parts
of leases temporarily impacted and leasing of parts of leases
not impacted by the project. To be eligible to re-lease the
lease, the leaseholder must file an application with DWF no
later than 60 days after termination of the lease, and also
file a notice of intent to lease each year by March 1, both
on forms provided by DWF. If re-leased, the leaseholder must
accept the water bottom as it is. Provides that any lease
not renewed on January 1, 2003 because of temporary impacts
may be eligible for renewal if the leaseholder files for renewal
by September 1, 2003 and files notices of intent annually.
The provisions of the act are to be applied retroactively
as well as in the future. Effective July 1, 2003.
House
Bill 1115 (Act 703) — Triche
Increases retirement benefits for DWF enforcement agents and
increases the amount that they contribute to the Louisiana
State Employees' Retirement System. Effective July 1, 2003.
House
Bill 1116 (Act 941) — Landrieu & Peychaud
Provides that the Governor's Office of Coastal Activities
shall create the America's WETLAND Trail along coastal Louisiana
to increase awareness of the dramatic coastal land loss in
south Louisiana and to increase eco-tourism.
House
Bill 1124 (Act 446) — Hammett
Increases from five to six the number of seats on the board
of commissioners of the Black River Lake Recreation and Water
Conservation District. The new commissioner is to be appointed
by the legislative delegation from the area.
House
Bill 1133 (Act 448) — Odinet
Provides that the 3-inch minimum size for oysters shall apply
year-round.
House
Bill 1136 (Act 278) — Odinet
Adds one voting member to the Louisiana Oyster Task Force
who is an oyster-grower and is appointed by the Louisiana
Farm Bureau Federation.
House
Bill 1155 (Act 449) — Odinet
Limits applications for new oyster leases to 1,000 acres.
Increases the total allowable acreage under lease for a person,
partnership or firm from 1,000 to 2,500 acres. Eliminates
the laws that allow owners or operators of more than one canning
plant to lease more acreage.
House
Bill 1156 (Act 450) — Odinet
Removes the requirement that an oyster leaseholder must submit
to DWF annually the mount of marketable oysters removed from
his lease.
House
Bill 1167 (Act 451) — Odinet
Requires anyone who obtains a DWF permit to land oysters outside
of the state to install on the vessel, a vessel monitoring
system that DWF can access.
House
Bill 1173 (Act 945) — Triche
Sets minimum sizes on bowfin of 22 inches for commercial license
holders and 16 inches for recreational license holders.
House
Bill 1264 (Act 295) — Salter
Sets a 168-foot minimum lake level for Toledo Bend Reservoir,
at which no power generation can occur except to supply firm
or non-interruptible power users, draw down water for dam
repair or inspection, or to satisfy downstream flow requirements.
House
Bill 1296 (Act 380) — Triche
Allows recreational fishing and hunting licenses to be suspended,
revoked or denied to people who owe a final judgment or assessment
of $500 in unpaid individual income taxes.
House
Bill 1499 (Act 1257) — Pitre & others
Prohibits advertising, offering to sell, or selling food products
labeled as "Cajun" as "Louisiana Creole"
unless the product qualifies for the 10% preference under
Louisiana Bid Law for products produced, processed or manufactured
in Louisiana. Food brought into Louisiana and processed shall
not be considered as food or food products made in Louisiana
unless the food has been substantially transformed by processing
in Louisiana. Provides that these provisions do not infringe
on any trademarks or trade names registered with the state
as of May 15, 2003. Effective immediately.
House
Bill 1587 (Act 1587) — Walsworth & others
Creates the West Ouachita Reservoir Commission.
House
Bill 1809 (Act 890) — Thompson
Provides that the Secretary of the Department of Culture,
Recreation and Tourism may, in consultation with the Board
of Commissioners for the Poverty Point Reservoir District,
regulate the use of personal watercraft (jet skis) on any
body of water located wholly within Poverty Point Reservoir
State Park. Effective immediately.
House
Bill 1894 (Act 463) — Wooton
Defines that the licensing and regulation provisions for a
large charter vessel carrying small skiffs for people to fish
from shall apply only to motorized vessels.
House
Bill 2003 (Act 1164) — Baldone & others
Replaces a 1 million pound commercial speckled trout quota
with the provision that the WFC shall set the commercial quota
for speckled trout at between 500 thousand and 1 million pounds.
Requires the WFC to set the open season for the commercial
harvest of speckled trout by rod and reel from January 2 through
July 31 or until the quota is reached, whichever comes first.
During the open season, no commercial harvest will be allowed
from sunset Friday through sunrise Monday, and between 10
p.m. and 5 a.m. on other days. Prohibits purchase of speckled
trout from a commercial fisherman who does not possess a spotted
seatrout permit. No person shall qualify for a charter boat
fishing guide license and a spotted seatrout permit during
the same license period.
House
Concurrent Resolution 24 — Pierre
Approves the Coastal Wetlands Conservation and Restoration
Plan for Fiscal Year 2003-2004.
House
Concurrent Resolution 108 — Pierre & others
Asks the California Legislature to stop the California Department
of Health from putting into effect an emergency ban on raw
oysters from the Gulf of Mexico.
House
Concurrent Resolution 116 — Baldone & others
Urges and requests the governor and commissioner of administration
to take the necessary steps to enable the state of Louisiana
to purchase Elmer's Island in Jefferson Parish.
House
Resolution 59 — Downer & others
Urges and requests that casinos in Louisiana purchase their
seafood products, particularly shrimp, from Louisiana fishermen
and processors.
House
Resolution 159 — Thompson & Kenney
Requests the U.S. Department of Agriculture and the U.S. Food
and Drug Administration to develop a plan for the elimination
of salmonella in turtles and for opening up the United States
market to turtle sales.
House
Study Request 18 — Montgomery
Requests the House Committee on Commerce to study the restrictions
placed on the ability of retailers to sell boat motors in
this state, including the effects of "areas of responsibility",
and report its findings to the House of Representatives by
January 3, 2004.
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