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Regular Session, 2011
SENATE BILL NO. 73
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FISH/FISHING. Provides relative to oyster harvesting in Calcasieu Lake. (gov sig)
AN ACT1
To amend and reenact R.S. 56:435.1.1, relative to oyster harvesting; to provide for oyster2
harvesting in Calcasieu Lake; to provide for harvest limits; to provide for the3
issuance of certain permits; to authorize rulemaking authority; to provide terms,4
conditions, and penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 56:435.1.1 is hereby amended and reenacted to read as follows: 7
ยง435.1.1. Oyster harvest in Calcasieu Lake8
A.(1) Oyster harvesting in Calcasieu Lake shall be prohibited except by9
special permit issued by the Department of Wildlife and Fisheries. Oyster10
harvesting shall be limited to using tongs; a hand dredge; a single dredge with11
mechanical assist that has a tooth bar no more than thirty-six inches long; or use of12
a single scraper with mechanical assist and a flat bar length of no more than13
thirty-six inches is allowed.14
(2) No person shall be issued a permit for the commercial taking of15
oysters on Calcasieu Lake unless that person provides proof that he16
commercially harvested oysters from Calcasieu Lake through trip ticket17 SB NO. 73
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words in boldface type and underscored are additions.
landings in three of the following four years: 2007, 2008, 2009, and 2010.1
B. All vessels used for the commercial harvest of oysters on Calcasieu Lake2
must be self-propelled. "Self-propelled" means, when used in this Section, that the3
vessel shall travel under its own power to its harvest area and when loaded with4
oysters, shall travel under its own power to the place where the oysters are unloaded.5
C. The commission shall fix the open season for oyster harvest in Calcasieu6
Lake, which shall begin on any date between October fifteenth and November first7
and, for calendar years 2007 through 2010, shall end on a date set after consideration8
of recommendations by the Louisiana Oyster Task Force. After calendar year 2010,9
the season shall end on April thirtieth. However, in consultation with the Oyster Task10
Force, the commission may open or close the season as biological data indicate a11
need and may manage East Cove and West Cove separately.12
D C. Harvest limits shall be set twenty-five sacks of oysters per permittee13
per day, but the sack limit may be lowered by the commission not to exceed14
twenty-five sacks of oysters per day per licensed vessel based upon technical and15
biological data and after consideration of recommendations by the Louisiana16
Calcasieu Lake Oyster Task Force. In addition, recreational fishermen may harvest17
oysters as provided in R.S. 56:424(C). Harvest limits for recreational fishermen18
shall be one sack per person per day.19
E. Any violation of the provisions of this Section shall be considered a class20
four violation subject to the penalties contained in R.S. 56:34. D. (1) Violation of21
any provision of this Section or of any Wildlife and Fisheries Commission22
regulation pertaining to taking, possessing, recording or reporting of landings23
or selling oysters from Calcasieu Lake shall constitute a Class 4 violation. The24
offender shall also be penalized as follows:25
(a) For a first offense, the offender shall forfeit any permit to fish for26
oysters on Calcasieu Lake and shall be barred from obtaining such permit for27
the remainder of the period for which it was issued plus one year, during which28
time the offender shall be barred from participating in any oyster fishing29 SB NO. 73
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activity on Calcasieu Lake.1
(b) For a second offense, the offender shall forfeit any Calcasieu Lake2
oyster permit issued to him and shall be barred from obtaining a Calcasieu3
Lake oyster permit for the remainder of the period for which it was issued plus4
two years, during which time the offender shall be barred from participating5
in any oyster fishing activity on Calcasieu Lake.6
(c) For a third offense, the offender shall forfeit any Calcasieu Lake7
oyster permit issued to him and shall be permanently barred from obtaining a8
Calcasieu Lake oyster permit and from participating in any oyster fishing9
activity on Calcasieu Lake.10
(2) Any person who participates in the fishery while barred shall be11
penalized under the provisions of a Class 7-B violation.12
E. The special permit provided for in this Section shall not be13
transferable from one person to another for a period of three years from August14
15, 2011, or until a transfer system is developed by the commission. An15
exception to the prohibition on transfer may be granted by the commission, in16
its sole discretion, in the case of proven physical hardship of the permittee, and17
only if the transfer is to the permittee's spouse, parent/legal guardian, or18
child/legal dependent of the permittee.19
F.(1) The commission shall adopt rules and regulations, in accordance20
with the Administrative Procedure Act, for the season, take, harvest, possession,21
reporting, sale, transfer of special permits, apprenticeship, appeals, individual22
transfer quotas, and entry of commercial fishermen into the commercial oyster23
fishery in Calcasieu Lake.24
(2) The commission shall, within three years from August 15, 2011,25
establish by rules adopted in accordance with the Administrative Procedure Act26
a system for the transfer of special permits. Such rules shall provide that there27
shall be no financial gain realized by the transferor of the permit for such28
transfer.29 SB NO. 73
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(3) The provisions of Paragraph (A)(2) of this Section shall expire and1
be void after adoption by the commission of all of the rules and regulations2
required by this Subsection.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Morrish (SB 73)
Present law allows oyster harvesting in Calcasieu Lake using tongs; a hand dredge; a single
dredge with mechanical assist that has a tooth bar no more than 36 inches long; or use of a
single scraper with mechanical assist and a flat bar length of no more than 36 inches.
Proposed law prohibits oyster harvesting in Calcasieu Lake except by special permit issued
by the DW&F.
Proposed law provides that no person can be issued a permit for the commercial taking of
oysters on Calcasieu Lake unless that person provides proof that he commercially harvested
oysters from Calcasieu Lake through trip ticket landings in 3 of the following 4 years: 2007,
2008, 2009, and 2010.
Present law sets the season for oyster harvesting in Calcasieu Lake.
Proposed law repeals present law and allows the W&F Commission to set the season.
Present law allows the commission to set the harvest limit so long as the limit does not
exceed 25 sacks of oysters per day per licensed vessel after consideration of
recommendations by the Louisiana Oyster Task Force. Further allows recreational
fishermen to harvest oysters.
Proposed law changes present law and sets the harvest limit at 25 sacks of oysters per
permittee per day, but the limit may be lowered by the commission based upon technical and
biological data and after consideration of recommendations by the Calcasieu Lake Oyster
Task Force. Further sets the harvest limit for recreational fishermen to 1 sack per person per
day.
Present law provides that any violation of the present law will be a class 4 violation subject
to the penalties contained in R.S. 56:34.
Proposed law changes present law and provides that a violation of any provision of this
present law or of any W&F Commission regulation pertaining to taking, possessing,
recording or reporting of landings or selling oysters from Calcasieu Lake will constitute a
Class 4 violation. In addition, the offender will also be penalized as follows: SB NO. 73
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words in boldface type and underscored are additions.
(1)1
st
offense - the offender shall forfeit any permit to fish for oysters on Calcasieu Lake
and be barred from obtaining such permit for the remainder of the period for which
it was issued plus 1 year, during which time the offender will be barred from
participating in any oyster fishing activity on Calcasieu Lake.
(2)2
nd
offense, the offender shall forfeit any Calcasieu Lake oyster permit issued to him
and be barred from obtaining a Calcasieu Lake oyster permit for the remainder of the
period for which it was issued plus 2 years, during which time the offender shall be
barred from participating in any oyster fishing activity on Calcasieu Lake.
(3)3
rd
offense, the offender shall forfeit any Calcasieu Lake oyster permit issued to him
and be permanently barred from obtaining a Calcasieu Lake oyster permit and from
participating in any oyster fishing activity on Calcasieu Lake.
Proposed law provides that any person who participates in the fishery while barred will be
penalized under the provisions of a Class 7-B violation.
Proposed law provides that the special permit provided for in present law will not be
transferable from one person to another for a period of 3 years from August 15, 2011, or
until a transfer system is developed by the commission. Further provides an exception to
the prohibition on transfer may be granted by the commission, in its sole discretion, in the
case of proven physical hardship of the permittee, and only if the transfer is to the permittee's
spouse, parent/legal guardian, or child/legal dependent of the permittee.
Proposed law requires the commission to adopt rules and regulations, in accordance with the
Administrative Procedure Act, for the season, take, harvest, possession, reporting, sale,
transfer of special permits, apprenticeship, appeals, individual transfer quotas, and entry of
commercial fishermen into the commercial oyster fishery in Calcasieu Lake.
Proposed law requires the commission, within 3 years from August 15, 2011, to establish,
by rules adopted in accordance with the APA, a system for the transfer of special permits.
Further requires that the rules will provide that there will be no financial gain realized by the
transferor of the permit for such transfer.
Proposed law provides that certain provisions of proposed law will expire and be void after
adoption by the commission of all of the required rules and regulations.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 56:435.1.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill.
1. Establishes a special permit for oyster harvesting in Calcasieu Lake and sets
the criteria for obtaining such permit.
2. Allows the W&F Commission to adopt rules and regulations, in accordance
with the APA, for the season, take, harvest, possession, reporting, sale,
transfer of special permits, apprenticeship, appeals, individual transfer
quotas, and entry of commercial fishermen into the commercial oyster
fishery in Calcasieu Lake.
3. Changes the penalty provisions.