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Regular Session, 2011 ENROLLED
SENATE BILL NO. 73
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 Between July 1, 2011 and June 30, 2014, oyster harvesting in9
Calcasieu Lake shall be prohibited except by special permit issued annually by10
the Department of Wildlife and Fisheries or as authorized by R.S.11
56:435.1.1(C)(2). There shall be no more than one hundred twenty-six such12
permits issued each year. Sixty-three of the permits shall be issued only to a13
person who can prove through trip ticket landings that he commercially14
harvested oysters from Calcasieu Lake any time since January 1, 2001. The15
remaining sixty-three permits may be issued to any person. The permits shall16
be issued on a first-come-first-served basis determined by the date the17
application is received by the department. Once one hundred twenty-six18
permits have been issued, there shall be no more issued that year. The19
commission shall promulgate rules and regulations to delineate the procedures20
by which the permits shall be issued.21
(2) Such permit shall be in addition to all other licenses and permits22
required for harvesting of oysters. After July 1, 2014, no special permit shall23
be required to harvest oysters in Calcasieu Lake. At all times, such oyster24
harvesting shall be limited to using tongs; a hand dredge; a single dredge with25
mechanical assist that has a tooth bar no more than thirty-six inches long; or use of26
a single scraper with mechanical assist and a flat bar length of no more than27 SB NO. 73 ENROLLED
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thirty-six inches is allowed.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 Calcasieu10
Oyster Task Force, the commission may open or close the season as biological data11
indicate a need and may manage East Cove and West Cove separately.12
D. Harvest limits shall be set by the commission not to exceed twenty-five13
sacks of oysters per day per licensed vessel after consideration of recommendations14
by the Louisiana Oyster Task Force. (1) After considering the recommendations15
by the Calcasieu Oyster Task Force, the commission shall set the harvest limit16
so that each permittee may harvest an amount not to exceed twenty-five sacks17
of oysters per day from one, and only one, licensed vessel. In addition, one and18
only one permittee may harvest from each licensed vessel per day and no vessel19
shall be used for more than one trip per day.20
(2) In addition, recreational fishermen may harvest oysters as provided in21
R.S. 56:424(C). Harvest limits for recreational fishermen shall be one sack per22
person per day.23
E. Any violation of the provisions of this Section shall be considered a class24
four violation subject to the penalties contained in R.S. 56:34. (1) Violation of any25
provision of this Section or of any Wildlife and Fisheries Commission regulation26
pertaining to taking, possessing, recording or reporting of landings or selling27
oysters from Calcasieu Lake shall constitute a Class 4 violation. The offender28
shall also be penalized as follows:29
(a) For a first offense, the offender shall forfeit any permit to harvest30 SB NO. 73 ENROLLED
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oysters on Calcasieu Lake and shall be barred from obtaining such permit for1
the remainder of the period for which it was issued plus one year, during which2
time the offender shall be barred from participating in any oyster harvesting3
activity on Calcasieu Lake.4
(b) For a second offense, the offender shall forfeit any permit to harvest5
oysters on Calcasieu Lake and shall be barred from obtaining a permit to6
harvest oysters on Calcasieu Lake for the remainder of the period for which it7
was issued plus two years, during which time the offender shall be barred from8
participating in any oyster harvesting activity on Calcasieu Lake.9
(c) For a third offense, the offender shall forfeit any permit to harvest10
oysters on Calcasieu Lake and shall be permanently barred from obtaining a11
permit to harvest oysters on Calcasieu Lake and from participating in any12
oyster harvesting activity on Calcasieu Lake.13
(2) Any person who participates in oyster harvesting on Calcasieu Lake14
while barred shall be penalized under the provisions of a Class 7-B violation.15
Section 2. This Act shall become effective upon signature by the16
governor or, if not signed by the governor, upon expiration of the time for bills to17
become law without signature by the governor, as provided by Article III, Section18
18 of the Constitution of Louisiana. If vetoed by the governor and subsequently19
approved by the legislature, this Act shall become effective on the day following20
such approval.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: