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ACT No. 606
Regular Session, 2010
HOUSE BILL NO. 875
BY REPRESENTATIVES HARRISON, BOBBY BADON, BALDONE, BILLIOT,
HENRY BURNS, CARMODY, CHAMPAGNE, CROMER, DOVE, EDWARDS,
FOIL, GISCLAIR, GUINN, HARDY, HENDERSON, HOWARD, SAM JONES,
LAMBERT, LEGER, LITTLE, LOPINTO, LORUSSO, RICHARD, SIMON, JANE
SMITH, ST. GERMAIN, STIAES, TEMPLET, TUCKER, WILLIAMS, AND
WOOTON AND SENATOR N. GAUTREAUX
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 ENROLLEDHB NO. 875
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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
of anti-dumping antidumping duties pursuant to Section 731 of the Tariff Act of30 ENROLLEDHB NO. 875
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1930, as amended. All expenditures and allocation of funds from this account shall1
be administered jointly by the Louisiana Seafood Promotion and Marketing Board2
and the Louisiana Shrimp Task Force. The monies in this account shall be invested3
by the state treasurer in the same manner as monies in the state general fund and all4
returns on such investment shall be deposited to the account. All unexpended and5
unencumbered monies remaining in this account at the end of the fiscal year shall6
remain in the account.7
* * *8
§494. Louisiana Shrimp Task Force9
A. There is hereby established the Louisiana Shrimp Task Force to study and10
monitor the shrimp industry and to make recommendations to the Wildlife and11
Fisheries Commission and the Department of Wildlife and Fisheries and other state12
agencies for the maximization of benefit from that industry for the state of Louisiana13
and its citizens.14
B. The task force shall be composed as follows:15
(1) The governor or the governor's designee.16
(2) Three members appointed by the secretary of the Department of Wildlife17
and Fisheries: one of whom shall be a marine biologist, one of whom shall be an18
enforcement agent, and one of whom shall be an economist.19
(3) The commissioner of agriculture and forestry or the commissioner's20
designee.21
(4) The secretary of the Department of Health and Hospitals or the22
secretary's designee.23
(5) Three members and three alternate members appointed by the governor24
each of whom shall possess a commercial fisherman's license with a "certified"25
endorsement pursuant to R.S. 56:303(E), with four to be selected from a list of six26
nominees submitted by the Louisiana Shrimp Association and two to be selected27
from a list of six nominees submitted by the secretary of the Department of Wildlife28
and Fisheries.29 ENROLLEDHB NO. 875
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(6) One member appointed by the governor who is an active Louisiana dock1
buyer of shrimp.2
(7) Three members and three alternate members appointed by the governor3
who are active Louisiana shrimp processors, at least one of whom is selected from4
a list of three nominees submitted by the American Shrimp Processors Association.5
C. The members appointed under the provisions of Paragraphs (B)(l) through6
(4) of this Section shall be nonvoting members. In addition, they shall not be7
considered members of the task force for determination of the number of members8
necessary for a quorum and for establishing the presence of a quorum.9
D. The task force shall adopt bylaws under which it shall operate, and four10
voting members of the task force shall constitute a quorum sufficient to conduct11
meetings and business of the task force. The governor shall appoint the chairman of12
the task force for a period of one year and thereafter, the task force shall elect a13
chairman from its membership and may seek and receive assistance from universities14
within the state in the development of methods to increase production and15
marketability of shrimp. The members of the task force shall serve without16
compensation; however, the task force may receive the same reimbursement of travel17
expenses for attending the meetings as is allowed for other state employees' travel.18
E. The task force is hereby charged with responsibility to do the following:19
(1) Coordinate efforts to increase shrimp production and marketability.20
(2) Provide for the study of the decline in shrimp marketability and market21
price, provide for the study of the impacts of imported shrimp on the domestic22
market, assist in the development of a state shrimp inspection program, assist in the23
development of a Louisiana shrimp certification and branding program, and make24
recommendations to the Wildlife and Fisheries Commission and the Department of25
Wildlife and Fisheries, the Department of Natural Resources, the Department of26
Agriculture and Forestry, and the Department of Health and Hospitals for27
implementation of policies to help enhance the domestic shrimp industry.28 ENROLLEDHB NO. 875
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(3) Make recommendations with respect to issues pertaining to the shrimp1
industry and shrimp production to the various state agencies charged with2
responsibility for differing elements of the shrimp industry in this state, including the3
Department of Wildlife and Fisheries, the Department of Natural Resources, and the4
Office of Coastal Protection and Restoration, the Department of Health and5
Hospitals, the Department of Agriculture and Forestry, and the legislature.6
F. The activities of the Shrimp Task Force shall be funded through the7
Shrimp Marketing and Promotion Account of the Seafood Promotion and Marketing8
Fund (R.S. 56:10(B)(1)(b)(i)) and the "Shrimp Trade Petition Account" (R.S.9
56:10(B)(1)(b)(ii)).10
* * *11
§578.12. Louisiana Seafood Promotion and Marketing Board; Louisiana Oyster12
Task Force; Shrimp Task Force; duties, responsibilities, and functions13
* * *14
B. In addition to the duties, responsibilities, and functions listed in15
Subsection A of this Section, the Louisiana Seafood Promotion and Marketing16
Board, under the supervision of the Louisiana Shrimp Task Force, shall also be17
empowered with the following duties, responsibilities, and functions:18
(1) Develop markets and marketing strategies for the development and19
expansion of markets for shrimp harvested from Louisiana waters.20
(2) Administer the funds in the Shrimp Marketing and Promotion Account21
of the Seafood Promotion and Marketing Fund and the "Shrimp Trade Petition22
Account", which funds shall be used to create new markets for shrimp and promote23
the sale of shrimp harvested from Louisiana waters.24
(3) To represent the interests of the Louisiana shrimp industry before federal25
and state administrative and legislative bodies on issues of importance to the26
Louisiana shrimp industry.27 ENROLLEDHB NO. 875
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: