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))