HLS 12RS-398 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 538
BY REPRESENTATIVE HARRISON
FISHING/CRABS: Authorizes the WLF Commission to set crab season
AN ACT1
To amend and reenact R.S. 49:953(H) and R.S. 56:332(A), relative to the taking of crabs;2
to provide for the promulgation of rules and regulations relative to blue crab season;3
to provide for the authority to close the harvest of crabs; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:953(H) is hereby amended and reenacted to read as follows:7
§953. Procedure for adoption of rules8
* * *9
H. The Department of Wildlife and Fisheries and the Louisiana Wildlife and10
Fisheries Commission may employ the timetables and provisions of Subsection B11
of this Section in promulgating rules and regulations relative to hunting seasons,12
trapping seasons, alligator seasons, shrimp seasons, oysters seasons, blue crab13
season, and finfish seasons and size limits, and all rules and regulations pursuant14
thereto. Rules adopted annually pursuant to this Subsection which open and close15
the offshore and fall shrimp seasons, the oyster seasons, the blue crab season, the16
marine finfish seasons, the webless migratory game bird hunting season, and the17
trapping season shall be effective for the duration of the respective season.18
Notwithstanding the provisions of Paragraph (B)(4) of this Section, any legislative19
oversight hearing held on a rule proposed under the provisions of this Subsection20 HLS 12RS-398 ORIGINAL
HB NO. 538
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shall be held no earlier than five days and no later than thirty days following the date1
of adoption of the rule.2
Section 2. R.S. 56:332(A) is hereby amended and reenacted to read as follows:3
§332. Crabs; release of crabs in berry stage; method of taking crabs; time4
limitations; by-catch; penalties; abandoned crab trap removal program5
A.(1) The commission shall have the authority to close all or parts of inside6
and outside waters as it deems appropriate upon inspection of and based upon7
technical and biological data which indicates that such action is necessary to8
maintain crabs in sufficient quantities for future harvest. In making this9
determination, the commission shall consider biological sustainability as identified10
in the most current assessment for crabs in Louisiana and shall consider11
recommendations from the department.12
(2) Crabs of legal size may be taken using any gear identified in R.S.13
56:320(B)(3); however, the taking of crabs by means of trawls in inside waters is14
permitted only during the open season for shrimp. In no event, however, shall a15
person use a trawl with a mesh size less than that of commercial shrimp trawls for16
the purpose of taking crabs during the open season for shrimp.17
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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)]
Harrison HB No. 538
Abstract: Authorizes the WLF Commission to set the crab season.
Present law in APA authorized agencies to adopt emergency rules because of imminent peril
to the public health, safety, or welfare, or to the extent necessary to avoid sanctions or
penalties from the U.S., or to avoid a budget deficit in the case of medical assistance
programs or to secure new or enhanced federal funding in medical assistance programs.
Present law authorizes the department and commission to employ the timetables and
provisions of present law (R.S. 49:953(B)) in promulgating rules and regulations relative to
hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons, finfish
seasons and size limits, and all rules and regulations pursuant thereto. Further provides that
rules adopted annually which open and close the offshore and fall shrimp seasons, the oyster
seasons, the marine finfish seasons, the webless migratory game bird hunting season, and HLS 12RS-398 ORIGINAL
HB NO. 538
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are additions.
the trapping season shall be effective for the duration of the respective season. Provides that
any legislative oversight hearing held on a rule proposed under present law shall be held no
earlier than five days and not later than 30 days following the date of adoption of the rule.
Proposed law retains present law and adds blue crab season.
Proposed law authorizes the commission to close all or parts of inside and outside waters as
it deems appropriate upon inspection of and based upon technical and biological data to
maintain crabs in sufficient quantities for future harvest.
Proposed law requires the commission to consider biological sustainability as identified in
the most current assessment for crabs in La. and to consider recommendations from the
department.
Present law provides for gear used to harvest crabs. Proposed law retains present law.
(Amends R.S. 49:953(H) and R.S. 56:332(A))