HLS 10RS-270 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 877
BY REPRESENTATIVES ST. GERMAIN, DOVE, AND HARRISON AND SENATOR
N. GAUTREAUX
WATERWAYS: Authorizes the closure or restricted use of waterways during time of
emergency
AN ACT1
To enact R.S. 34:851.14.1, relative to closure of waterways; to provide for the authority to2
close or restrict the access of a waterway; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 34:851.14.1 is hereby enacted to read as follows:5
ยง851.14.1. Closure of waterways6
A. In an emergency or other situation where human safety is a concern, the7
secretary may close any waterway, other than navigable waters of the United States8
as set forth in 33 CFR Part 2, to boating access, travel, or use or may restrict the type9
of use including issuing no wake zones in any reasonable manner. Such closure or10
restriction shall be for a period of time not to extend beyond the seventh day11
following the next meeting of the Wildlife and Fisheries Commission.12
B. Any such closure or restricted use shall be made by an order issued by the13
secretary in the same manner as issuance of an emergency rule as provided in R.S.14
49:953(B). The order authorized in this Section shall specify a closure or a type of15
restriction, a description of the area subject to the order, and the reason for the16
emergency action. Upon issuance of any such order, no person shall operate a vessel17
contrary to the provisions of the order.18
C. Violation of any order authorized by this Section constitutes a class three19
violation, as specified in R.S. 56:33.20 HLS 10RS-270 ENGROSSED
HB NO. 877
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
St. Germain HB No. 877
Abstract: Authorizes the closure or restricted use of certain waterways during time of
emergency.
Proposed law authorizes the secretary in an emergency or other situation where human
safety is a concern to close any waterway, other than navigable waters of the U.S., to boating
access or may restrict the type of use. Limits the duration of the closure period to not more
than seven days after the next meeting of the Wildlife and Fisheries Commission.
Proposed law provides that such closure or restricted use shall be made in the same manner
as an emergency rule under the Administrative Procedure Act and shall specify a closure or
a type of restriction, a description of the area subject to the order, and the reason for the
emergency action.
Proposed law prohibits any person from operating a vessel contrary to the provisions of the
order. Violation of any such order constitutes a class three violation.
(Adds R.S. 34:851.14.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Removed the authority to close navigable waters of the U.S.