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Regular Session, 2010
HOUSE BILL NO. 875
BY REPRESENTATIVES HARRISON, BOBBY BADON, BALDONE, BILLIOT,
HENRY BURNS, CHAMPAGNE, DOVE, GISCLAIR, GUINN, HENDERSON,
LAMBERT, LITTLE, ST. GERMAIN, AND WILLIAMS AND SENATOR N.
GAUTREAUX
FISHING/SHRIMP: Creates the La. Shrimp Task Force within the Dept. of Wildlife and
Fisheries
AN ACT1
To amend and reenact R.S. 56:10(B)(1)(b) and 578.12(B) and to enact R.S. 36:610(B)(11)2
and R.S. 56:494, relative to shrimp; to create the Louisiana Shrimp Task Force3
within the Department of Wildlife and Fisheries; to provide for its membership; to4
provide for its powers, duties, functions, and responsibilities; to provide relative to5
funding; to provide relative to the Shrimp Marketing and Promotion Account and the6
Shrimp Trade Petition Account; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:610(B)(11) is hereby enacted to read as follows:9
§610. Transfer of agencies and functions to Department of Wildlife and Fisheries10
* * *11
B. The following agencies, as defined in R.S. 36:3, are transferred to and12
hereinafter shall be within the Department of Wildlife and Fisheries, as provided in13
R.S. 36:802.14
* * *15
(11) The Shrimp Task Force (R.S. 56:494)16
* * *17 HLS 10RS-377 ENGROSSED
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Section 2. R.S. 56:10(B)(1)(b) and 578.12(B) are hereby amended and reenacted and1
R.S. 56:494 is hereby enacted to read as follows:2
§10. Annual report to governor; estimate of proposed expenditures; particular funds;3
warrants; vouchers; surplus funds4
* * *5
B.(1) Subject to the exception contained in Article VII, Section 9(A) of the6
Constitution of Louisiana, all funds collected by the commission from every source7
shall be paid into the state treasury and shall be credited to the Bond Security and8
Redemption Fund. Out of the funds remaining in the Bond Security and Redemption9
Fund after a sufficient amount is allocated from that fund to pay all obligations10
secured by the full faith and credit of the state which become due and payable within11
any fiscal year, the treasurer shall, prior to placing such remaining funds in the state12
general fund, conform to the following:13
* * *14
(b)(i) Pay annually into the Seafood Promotion and Marketing Fund, into a15
special account entitled the "Shrimp Marketing and Promotion Account", an amount16
equal to the fees collected pursuant to R.S. 56:305(G) and paid into the treasury by17
the commission. All expenditures and allocation of funds from this account shall be18
administered jointly by the Louisiana Seafood Promotion and Marketing Board and19
the Louisiana Shrimp Task Force to be used for the development of markets for20
shrimp and creation of marketing strategies for the development and market21
expansion for shrimp harvested from Louisiana waters.22
(ii) Pay annually into the Conservation Fund, into a special account entitled23
the "Shrimp Trade Petition Account", an amount equal to the fees collected pursuant24
to R.S. 56:305(H) and 506.1. Subject to annual appropriation by the legislature, the25
monies in the fund shall be used exclusively for the purposes of promotion and26
protection of domestic wild-caught shrimp. For purposes of this Item, promotion and27
protection of domestic wild-caught shrimp shall include expenses related to the28
petition filed by the Southern Shrimp Alliance in December 2003 for the imposition29 HLS 10RS-377 ENGROSSED
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of anti-dumping antidumping duties pursuant to Section 731 of the Tariff Act of1
1930, as amended. All expenditures and allocation of funds from this account shall2
be administered jointly by the Louisiana Seafood Promotion and Marketing Board3
and the Louisiana Shrimp Task Force. The monies in this account shall be invested4
by the state treasurer in the same manner as monies in the state general fund and all5
returns on such investment shall be deposited to the account. All unexpended and6
unencumbered monies remaining in this account at the end of the fiscal year shall7
remain in the account.8
* * *9
§494. Louisiana Shrimp Task Force10
A. There is hereby established the Louisiana Shrimp Task Force to study and11
monitor the shrimp industry and to make recommendations to the Wildlife and12
Fisheries Commission and the Department of Wildlife and Fisheries and other state13
agencies for the maximization of benefit from that industry for the state of Louisiana14
and its citizens.15
B. The task force shall be composed as follows:16
(1) The governor or the governor's designee.17
(2) Three members appointed by the secretary of the Department of Wildlife18
and Fisheries; one of whom shall be a marine biologist, one of whom shall be an19
enforcement agent, and one of whom shall be an economist.20
(3) The commissioner of agriculture and forestry or the commissioner's21
designee.22
(4) The secretary of the Department of Health and Hospitals or the23
secretary's designee.24
(5) Four members and four alternate members appointed by the governor25
each of whom shall possess a commercial fisherman's license with a "certified"26
endorsement pursuant to R.S. 56:303(E), with four to be selected from a list of six27
nominees submitted by the Louisiana Shrimp Association and two to be selected28 HLS 10RS-377 ENGROSSED
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from a list of six nominees submitted by the secretary of the Department of Wildlife1
and Fisheries.2
(6) One member appointed by the governor who is an active Louisiana dock3
buyer of shrimp.4
(7) Three members and three alternate members appointed by the governor5
who are active Louisiana shrimp processors, at least one of whom is selected from6
a list of three nominees submitted by the American Shrimp Processors Association.7
(8) One member appointed by the secretary of the Department of Wildlife8
and Fisheries.9
C. The members appointed under the provisions of Paragraphs (B)(l) through10
(4) of this Section shall be nonvoting members. In addition, they shall not be11
considered members of the task force for determination of the number of members12
necessary for a quorum and for establishing the presence of a quorum.13
D. The task force shall adopt bylaws under which it shall operate, and four14
voting members of the task force shall constitute a quorum sufficient to conduct15
meetings and business of the task force. The task force shall elect a chairman from16
its membership and may seek and receive assistance from universities within the17
state in the development of methods to increase production and marketability of18
shrimp. The members of the task force shall serve without compensation; however,19
the task force may receive the same reimbursement of travel expenses for attending20
the meetings as is allowed for other state employees' travel.21
E. The task force is hereby charged with responsibility to do the following:22
(1) Coordinate efforts to increase shrimp production and marketability.23
(2) Provide for the study of the decline in shrimp marketability and market24
price, provide for the study of the impacts of imported shrimp on the domestic25
market, assist in the development of a state shrimp inspection program, assist in the26
development of a Louisiana shrimp certification and branding program, and make27
recommendations to the Wildlife and Fisheries Commission and the Department of28
Wildlife and Fisheries, the Department of Natural Resources, the Department of29 HLS 10RS-377 ENGROSSED
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Agriculture and Forestry, and the Department of Health and Hospitals for1
implementation of policies to help enhance the domestic shrimp industry.2
(3) Make recommendations with respect to issues pertaining to the shrimp3
industry and shrimp production to the various state agencies charged with4
responsibility for differing elements of the shrimp industry in this state, including the5
Department of Wildlife and Fisheries, the Department of Natural Resources, and the6
Office of Coastal Protection and Restoration, the Department of Health and7
Hospitals, the Department of Agriculture and Forestry, and the legislature.8
F. The activities of the Shrimp Task Force shall be funded through the9
Shrimp Marketing and Promotion Account of the Seafood Promotion and Marketing10
Fund (R.S. 56:10(B)(1)(b)(i)) and the "Shrimp Trade Petition Account" (R.S.11
56:10(B)(1)(b)(ii)).12
* * *13
§578.12. Louisiana Seafood Promotion and Marketing Board; Louisiana Oyster14
Task Force; Shrimp Task Force; duties, responsibilities, and functions15
* * *16
B. In addition to the duties, responsibilities, and functions listed in17
Subsection A of this Section, the Louisiana Seafood Promotion and Marketing18
Board, under the supervision of the Louisiana Shrimp Task Force, shall also be19
empowered with the following duties, responsibilities, and functions:20
(1) Develop markets and marketing strategies for the development and21
expansion of markets for shrimp harvested from Louisiana waters.22
(2) Administer the funds in the Shrimp Marketing and Promotion Account23
of the Seafood Promotion and Marketing Fund and the "Shrimp Trade Petition24
Account", which funds shall be used to create new markets for shrimp and promote25
the sale of shrimp harvested from Louisiana waters.26
(3) To represent the interests of the Louisiana shrimp industry before federal27
and state administrative and legislative bodies on issues of importance to the28
Louisiana shrimp industry.29 HLS 10RS-377 ENGROSSED
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(4) To contract for legal services to represent the interests of the Louisiana1
shrimp industry in judicial, administrative, and legislative proceedings.2
(5) To perform any acts deemed necessary and proper to carry out its duties3
and responsibilities.4
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)]
Harrison HB No. 875
Abstract: Creates the La. Shrimp Task Force within the Dept. of Wildlife and Fisheries and
provides for its powers, duties, functions, responsibilities, and funding.
Proposed law creates the La. Shrimp Task Force within the Dept. of Wildlife and Fisheries
to consist of the following appointments:
(1)The governor or his designee.
(2)Three members appointed by the secretary of the Dept. of Wildlife and Fisheries --
a marine biologist, an enforcement agent, and an economist.
(3)The commissioner of agriculture and forestry or his designee.
(4)The secretary of DHH or his designee.
(5)Four members and four alternate members appointed by the governor each of whom
possesses a commercial fisherman's license with a "certified" endorsement, four to
be selected from a list of six nominees submitted by the La. Shrimp Association and
two to be selected from a list of six nominees submitted by the secretary of the Dept.
of Wildlife and Fisheries.
(6)One member appointed by the governor who is an active La. dock buyer of shrimp.
(7)Four members and four alternate members appointed by the governor who are active
La. shrimp processors, at least one of whom is selected from a list of three nominees
submitted by the American Shrimp Processors Association.
(8)One member appointed by the secretary of the Dept. of Wildlife and Fisheries.
Provides that the appointees representing state government agencies are nonvoting and are
not part of a quorum. Provides for adoption of bylaws and election of officers. Prohibits
compensation for appointees but authorizes reimbursement of expenses at the same rate as
state employees. Charges the task force with responsibility to coordinate efforts to increase
production and marketability; study the decline in shrimp marketability; assist in the
development of a shrimp inspection program and branding program; and make
recommendations to the Wildlife and Fisheries Commission and state departments and
agencies for implementation of policies intended to enhance the domestic shrimp industry.
Provides for funding from the Shrimp Marketing and Promotion Account and the Shrimp
Trade Petition Account, both in present law. Also provides for expenditures from both HLS 10RS-377 ENGROSSED
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accounts to be administered jointly by the Seafood Promotion and Marketing Board and the
Shrimp Task Force.
Present law established the Seafood Promotion and Marketing Board. Proposed law requires
such board to consult with the Shrimp Task Force when engaged in activities related to the
shrimp industry in the state. Further provides that the Seafood Promotion and Marketing
Board has responsibility to represent the interests of the La. shrimp industry before federal
and state administrative and legislative bodies and to contract for legal services necessary
to represent the interests of the shrimp industry in judicial, administrative, and legislative
proceedings.
(Amends R.S. 56:10(B)(1)(b) and 578.12(B); Adds R.S. 36:610(B)(11) and R.S. 56:494)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Added a commercial fisherman to the task force.
2. Added a member to the task force to be appointed by the secretary of the Dept.
of Wildlife and Fisheries.