Louisiana 2010 Regular Session

Louisiana House Bill HB1234 Latest Draft

Bill / Introduced Version

                            HLS 10RS-1828	ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1234
BY REPRESENTATIVE LABRUZZO
FISHING/OYSTERS: Requires that fisherman submit trip tickets to the Dept. of Wildlife
and Fisheries to document oyster harvest and sales
AN ACT1
To amend and reenact R.S. 56:303.4 and 303.7(B), relative to commercial fish sales; to2
provide that in the case of sales of oysters that the harvester be required to submit3
harvest and sales information to the Department of Wildlife and Fisheries; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 56:303.4 and 303.7(B) are hereby amended and reenacted to read as7
follows:8
§303.4.  Commercial fisherman's sales receipt form9
The commission shall develop, design, establish, adopt rules and regulations10
for, and implement, pursuant to the Administrative Procedure Act, a commercial11
receipt form to be used by wholesale/retail seafood dealers who purchase fish from12
commercial fishermen, soft shell crab shedders, and fresh products licensees.  In13
addition to information otherwise required by law, commercial fishermen,14
wholesale/retail seafood dealers, crab shedders, and fresh product licensees shall15
provide such information as determined by the commission to be necessary to16
properly manage the fishery resource of the state, including information required by17
the commission to prepare stock assessments and other information required by the18
legislature.  In the case of purchase of oysters, the rules shall provide that the19
commercial receipt form shall be filled out and submitted directly to the department20
by the harvester.21
*          *          *22 HLS 10RS-1828	ORIGINAL
HB NO. 1234
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§303.7.  Transport and sale of the catch1
*          *          *2
B. Whenever the holder of a commercial fisherman's license sells or transfers3
possession of his own catch to a wholesale/retail seafood dealer, he shall present the4
license to the dealer for license verification.  The commercial fisherman shall5
provide the wholesale/retail seafood dealer with all information, as determined by6
the commission to be necessary to properly manage the fishery resources of the state,7
that is required to complete the commercial receipt form, which shall include but not8
be limited to the fisherman's first and last name, license number, signature, gear9
used, vessel used, primary location of where fish were caught, duration of trip, and10
permit numbers for species requiring a permit to harvest. The commercial fisherman11
shall sign each commercial receipt form attesting that the information provided12
therein is correct; however, in the case of the sale or transfer of oysters by a13
commercial harvester, the information required by the provisions of this Section and14
the commercial receipt form shall be submitted directly to the department by the15
harvester.16
*          *          *17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
LaBruzzo	HB No. 1234
Abstract: Relative to commercial fish sales, provides that in the case of sales of oysters that
the harvester be required to submit harvest and sales information to the Dept. of
Wildlife and Fisheries.
Present law requires documentation of commercial sale of fish through submission of a
commercial fisherman's sales receipt form (trip ticket).  Requires that wholesale/retail
dealers purchasing fish use trip tickets. Requires certain information be included in that
form and requires the dealer to submit the completed form to the Dept. of Wildlife and
Fisheries.
Proposed law, in the case of oysters, puts the responsibility on the harvester to fill out the
form and submit it directly to the department.
(Amends R.S. 56:303.4 and 303.7(B))