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Regular Session, 2010
SENATE BILL NO. 341
BY SENATOR MARIONNEAUX
WILDLIFE RESOURCES. Changes the composition, and the powers and duties of the
Wildlife and Fisheries Commission. (See Act)
AN ACT1
To amend and reenact R.S. 36:601(A), R.S. 49:967(D) and 968(B)(13), and R.S. 56:1, 2(C),2
and 431.1(A)(2)(c), and to repeal R.S. 56:109.2(B), relative to the Louisiana Wildlife3
and Fisheries Commission; to change the composition, and the powers and duties of4
the commission; to provide for the composition of the commission; to provide for5
certain exemptions from the Administrative Procedure Act; to provide for the6
requirements, terms, conditions, and procedures of the commission; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 36:601(A) is hereby amended and reenacted to read as follows: 10
§601. Wildlife and fisheries commission11
A. The control and supervision of the wildlife of the state, including all12
aquatic life, is vested in the Louisiana Wildlife and Fisheries Commission. The13
commission shall be in the executive branch and shall consist of seven members14
appointed by the governor, subject to confirmation by the Senate. Six members shall15
serve overlapping terms of six years, and one member shall serve a term concurrent16
with that of the governor. Three members shall be electors of the coastal parishes17 SB NO. 341
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and representatives of the commercial fishing and fur industries, and four shall be1
electors from the state at large other than representatives of the commercial fishing2
and fur industries, as provided by law. No member who has served six years or more3
shall be eligible for reappointment. The commission shall consist of the members4
of the House Committee on Natural Resources and Environment and the Senate5
Committee on Natural Resources, or the successors to those committees which6
have jurisdiction over wildlife and fisheries.7
* * *8
Section 2. R.S. 49:967(D) and 968(B)(13) are hereby amended and reenacted to read9
as follows:10
§967. Exemptions from provisions of Chapter11
* * *12
D.(1) The provisions of R.S. 49:968 shall not apply to any rule or regulation13
promulgated by the Department of Wildlife and Fisheries or the Wildlife and14
Fisheries Commission relative to hunting seasons, trapping seasons, alligator15
seasons, shrimp seasons, oyster seasons, finfish seasons and size limits, and all rules16
and regulations pursuant thereto. The Department of Wildlife and Fisheries and the17
Wildlife and Fisheries Commission may employ the provisions of R.S. 49:953(B)18
in promulgating rules and regulations relative to hunting seasons, trapping seasons,19
alligator seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits,20
and all rules and regulations pursuant thereto.21
(2) Those rules adopted annually pursuant to this Subsection by the22
Department of Wildlife and Fisheries which open and close the offshore and fall23
shrimp seasons, the oyster season, the marine finfish seasons, the webless migratory24
game bird hunting season, and the trapping season shall be effective for a period of25
time equal to the length of the respective season.26
§968. Review of agency rules; fees27
* * *28
B. Prior to the adoption, amendment, or repeal of any rule or the adoption,29 SB NO. 341
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increasing, or decreasing of any fee, the agency shall submit a report relative to such1
proposed rule change or fee adoption, increase, or decrease to the appropriate2
standing committees of the legislature and the presiding officers of the respective3
houses as provided in this Section. The report shall be so submitted on the same day4
the notice of the intended action is submitted to the Louisiana Register for5
publication in accordance with R.S. 49:953(A)(1). The report shall be submitted to6
each standing committee at the committee's office in the state capitol by certified7
mail with return receipt requested or by messenger who shall provide a receipt for8
signature. The return receipt or the messenger's receipt shall be proof of receipt of9
the report by the committee.10
* * *11
(13)(a) The Department of Wildlife and Fisheries and all of the agencies12
made a part of it shall submit the report to the House Committee on Natural13
Resources and Environment and the Senate Committee on Natural Resources.14
(b) Those rules adopted annually pursuant to this Paragraph by the15
Department of Wildlife and Fisheries which open and close the offshore and fall16
shrimp seasons, the oyster season, the marine finfish seasons, the webless17
migratory game bird hunting season, and the trapping season shall be effective18
for a period of time equal to the length of the respective season.19
* * *20
Section 3. R.S. 56:1, 2(C), and 431.1(A)(2)(c) are hereby amended and reenacted21
to read as follows:22
§1. Wildlife and Fisheries Commission established; membership; qualifications;23
definitions24
A. To protect, conserve, and replenish the natural resources of the state, the25
wildlife of the state, including all aquatic life, is placed under the supervision and26
control of the Louisiana Wildlife and Fisheries Commission, which is hereby created27
and established in the executive branch of the state government.28
B. The commission shall consist of seven members appointed by the29 SB NO. 341
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governor, subject to confirmation by the Senate. Six of the members shall each serve1
for overlapping terms of six years, and one shall serve for a term concurrent with that2
of the governor. the members of the House Committee on Natural Resources and3
Environment and the Senate Committee on Natural Resources, or the4
successors to those committees which have jurisdiction over wildlife and5
fisheries.6
C. Three members of the commission shall be electors of the coastal parishes7
and representatives of the commercial fishing and fur industries. The other four shall8
be electors from the state at large, other than representatives of the commercial9
fishing and fur industries.10
D. The commissioners heretofore appointed under the provisions of Article11
VI, Section 1 of the Louisiana Constitution of 1921 and presently serving as12
commissioners, shall continue to serve for the terms for which appointed. Thereafter,13
any Any vacancy occurring in the commission by reason of the expiration of the14
term for which appointed or by reason of death, resignation or otherwise shall be15
filled by appointment by the governor; however, persons appointed to fill the16
vacancy created by a retiring or deceased commissioner shall be appointed for the17
unexpired term of such commissioner only by the member appointed to the House18
Committee on Natural Resources and Environment and the Senate Committee19
on Natural Resources by the presiding officer of the House of Representatives20
or the Senate, respectively, to fill the vacancy.21
E. No person who has served as commissioner for six years or more shall be22
eligible for reappointment.23
F. No commissioner may be a member of the legislature or hold any salaried24
public office or employment for compensation, other than per diem, existing under25
or created by the laws of the United States, the state of Louisiana or by any26
subdivision thereof.27
G C. No compensation for his services shall be paid to any member of the28
commission, but each member shall be paid a per diem of twenty-five dollars for29 SB NO. 341
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each day of meeting and actual expenses incurred in traveling to and from and1
attending meetings of the commission and in attending to his duties away from his2
domicile under assignment by the commission.3
H D. As used throughout this title, unless the context otherwise clearly4
indicates differently, "director" means the director of the Louisiana Wildlife and5
Fisheries Commission and "commission" means the Louisiana Wildlife and Fisheries6
Commission.7
§2. Supervision and direction of commission; meetings8
* * *9
C. The commission shall not take any action except by vote in meeting10
assembled, all actions shall be included in the minutes. No action shall be taken by11
the commission except by the favorable vote of a majority of the members from12
each house present and voting, each house voting separately, and a quorum of13
each house being present.14
* * *15
§431.1. Devices to protect oysters from predation; use on leased acreage16
A. The Department of Wildlife and Fisheries may permit the use on leased17
acreage of devices to protect oysters from predation. The permit shall be issued to18
a leaseholder and shall not be transferrable. Such devices shall be in compliance with19
all existing state and federal fishing laws and regulations. Notwithstanding any law20
to the contrary, any device permitted under the provisions of this Section may be21
transported or used in compliance with the provisions of this Section. The22
department shall promulgate, in accordance with the Administrative Procedure Act,23
rules and regulations for such a permit. The rules shall at a minimum specify the24
following:25
* * *26
(2) That the material used for the device shall:27
* * *28
(c) Be approved by the Wildlife and Fisheries Commission and the House29 SB NO. 341
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Committee on Natural Resources and Environment and the Senate Committee on1
Natural Resources. The rules shall establish the procedure for such approval2
including timetables.3
* * *4
Section 4. R.S. 56:109.2(B) is hereby repealed.5
Section 5. The provisions of this Act shall become effective if and when the6
proposed amendment of Article IX, Section 7(A) of the Constitution of Louisiana contained7
in the Act which originated as Senate Bill No. of the 2010 Regular Session of the8
Legislature is adopted at the statewide election to be held on November 2, 2010, and9
becomes effective.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Marionneaux (SB 341)
Present law provides that the control and supervision of the wildlife of the state, including
all aquatic life, is vested in the Louisiana Wildlife and Fisheries Commission
("commission"). Further provides that the commission is in the executive branch and
consists of seven members appointed by the governor, subject to confirmation by the Senate.
Present law provides that six members will serve overlapping terms of six years, and one
member will serve a term concurrent with that of the governor. Further provides that three
members will be electors of the coastal parishes and representatives of the commercial
fishing and fur industries, and four will be electors from the state at large other than
representatives of the commercial fishing and fur industries.
Present law provides that no member who has served six years or more will be eligible for
reappointment.
Proposed law changes the composition of the commission by providing that the commission
will consist of the members of the House Committee on Natural Resources and Environment
and the Senate Committee on Natural Resources, or the successors to those committees
which have jurisdiction over wildlife and fisheries.
Present law provides that certain legislative reporting requirements of the APA do not apply
to any rule or regulation promulgated by the DW&F or the commission relative to hunting
seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons, finfish seasons
and size limits, and all rules and regulations pursuant thereto.
Present law allows the DW&F and the commission to employ certain provisions of the APA
in promulgating rules and regulations relative to hunting seasons, trapping seasons, alligator
seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits, and all rules and
regulations.
Proposed law retains the present law for rules or regulations promulgated by the commission
but requires legislative reporting of rules or regulations promulgated by the DW&F. SB NO. 341
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Proposed law provides that any vacancy occurring in the commission by reason of the
expiration of the term for which appointed or by reason of death, resignation or otherwise
will be filled by the member appointed to the House Committee on Natural Resources and
Environment or the Senate Committee on Natural Resources by the presiding officer of the
House of Representatives or the Senate, respectively, to fill the vacancy.
Present law provides that no compensation for his services will be paid to any member of
the commission, but each member will be paid a per diem of $25.00 for each day of meeting
and actual expenses incurred in traveling to and from and attending meetings of the
commission and in attending to his duties away from his domicile under assignment by the
commission.
Present law provides that the commission will not take any action except by vote in meeting
assembled, all actions shall be included in the minutes.
Proposed law retains present law and adds that no action may be taken by the commission
except by the favorable vote of a majority of the members from each house present and
voting, each house voting separately, and a quorum of each house being present.
Present law provides that the DW&F may permit the use on leased acreage of certain
devices to protect oysters from predation.
Present law requires the DW&F to promulgate, in accordance with the APA, rules and
regulations for such a permit. Further requires that the rules relative to the material used for
certain devices be approved by the commission and the House Committee on Natural
Resources and Environment and the Senate Committee on Natural Resources.
Proposed law removes the requirement that the rules and regulations be approved by the
House Committee on Natural Resources and Environment and the Senate Committee on
Natural Resources.
Present law requires, before March 1 of each calendar year, the commission to submit to the
Senate Committee on Natural Resources and the House Committee on Natural Resources
and Environment a written report containing a listing of all acreage owned by the department
and managed by the commission that is available for public hunting, fishing, and recreational
opportunities and a listing of all acreage that was lost or gained for such purposes.
Proposed law removes the present law.
Effective if and when the proposed amendment of Article IX, Section 7(A) of the
Constitution of Louisiana contained in the Act which originated as Senate Bill No.
of the 2010 Regular Session of the Legislature is adopted at the statewide election to be held
on November 2, 2010, and becomes effective.
(Amends R.S. 36:601(A), R.S. 49:967(D) and 968(B)(13), R.S. 56:1, 2(C), and
431.1(A)(2)(c); repeals R.S. 56:109.2(B))