Louisiana 2012 2012 Regular Session

Louisiana House Bill HB401 Engrossed / Bill

                    HLS 12RS-396	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 401
BY REPRESENTATIVE GISCLAIR
FISHING/SHRIMP:  Provides relative to the Wildlife and Fisheries Commission's powers
to manage and control the taking of shrimp including bait shrimp
AN ACT1
To amend and reenact R.S. 56:497(A)(2) and (C)(1), relative to management and taking of2
shrimp; to authorize the Wildlife and Fisheries Commission to set shrimp seasons,3
including bait shrimp seasons; to provide relative to a bait shrimp permit and rules4
and regulations therefor; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 56:497(A)(2) and (C)(1) are hereby amended and reenacted to read7
as follows:8
ยง497.  Saltwater shrimp seasons; bait shrimp9
A.10
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(2) The open seasons for all or part of the state waters shall be fixed by the12
commission., with the exception of the spring brown shrimp season in that portion13
of Louisiana's inshore waters from the eastern shore of South Pass of the Mississippi14
River westward to the western shore of Vermilion Bay and Southwest Pass at Marsh15
Island. The spring brown shrimp seasons in this area shall be opened by the16
commission no later than the third Monday in May after considering the department's17
projection as to when fifty percent of the brown shrimp crop will be one hundred per18
pound or greater. The commission, through the secretary, shall close the season19
based on biological and technical data. In addition, notwithstanding the provisions20 HLS 12RS-396	ENGROSSED
HB NO. 401
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are additions.
of R.S. 56:499, when opening a special shrimp season or extending a regular shrimp1
season, the commission shall have the authority for the duration of that season or2
extension to increase the minimum mesh size provided in R.S. 56:499 for any trawl,3
skimmer net, or butterfly net.4
*          *          *5
C.(1)  The Louisiana Wildlife and Fisheries Commission is authorized to6
adopt rules and regulations for a under the Administrative Procedure Act to provide7
for an annual special bait dealers permit and to allow the taking of live bait shrimp8
and live croaker by qualified permit holders during the closed shrimp season.9
beginning May first of each year and between the spring and fall shrimp seasons10
pursuant to such rules and regulations. The fee for such permit shall be one hundred11
ten dollars per year., and the permit may be purchased any time between January first12
and April thirtieth of each year. All revenues received through the sale of such13
permits shall be used for the administration of the bait dealer program.14
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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)]
Gisclair	HB No. 401
Abstract: Provides relative to the Wildlife and Fisheries Commission's powers to manage
and control the taking of shrimp including bait shrimp.
Present law authorizes the Wildlife and Fisheries Commission to set open seasons but
requires that spring brown shrimp season in Zone Two (from the eastern shore of South Pass
of the Mississippi River to the western shore of Vermilion Bay and Southwest Pass at Marsh
Island) open no later than the third Monday in May.
Proposed law removes the requirement to open Zone 2 no later than the third Monday in
May.
Present law authorizes the commission, through the secretary, to close the season based on
biological and technical data.  Proposed law further authorizes the commission, when
opening a special season or extending a regular season, to increase the minimum mesh size
for any trawl, skimmer net, or butterfly net.
Present law authorizes the commission to establish an annual bait dealers permit for the
taking of live bait shrimp from May 1 and between the spring and fall shrimp seasons. HLS 12RS-396	ENGROSSED
HB NO. 401
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains the bait dealers permit but authorizes permit holders to take live
croaker in addition to shrimp; authorizes bait to be taken during the closed shrimp season;
and allows the permit to be purchased at any time.
(Amends R.S. 56:497(A)(2) and (C)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Removed provisions that authorized the rules to include a designation of
approved areas and times of operation under the permit, sale, and transfer of live
bait on the water to other vessels, required use of a vessel monitoring system by
a vessel operating under the permit, and appropriate enforcement activities.