Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB202 Introduced / Bill

                    SLS 12RS-15	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 202
BY SENATOR MORRISH 
FISH/FISHING.  Provides relative to oyster harvesting in Calcasieu Lake.  (gov sig)
AN ACT1
To amend and reenact R.S. 56:435.1.1(A), relative to oyster harvesting in Calcasieu Lake;2
to remove the time limitation on the issuance of special permits for oyster harvesting3
in Calcasieu Lake; to remove the limitations on the number of special permits issued;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 56:435.1.1(A) is hereby amended and reenacted to read as follows:7
ยง435.1.1. Oyster harvest in Calcasieu Lake8
A.(1) Between July 1, 2011 and June 30, 2014, oyster Oyster harvesting in9
Calcasieu Lake shall be prohibited except by special permit issued annually by the10
Department of Wildlife and Fisheries or as authorized by R.S. 56:435.1.1(D)(2).11
There shall be no more than one hundred twenty-six such permits issued each year.12
Sixty-three of the permits shall be issued only to a person who can prove through trip13
ticket landings that he commercially harvested oysters from Calcasieu Lake any time14
since January 1, 2001. The remaining sixty-three permits may be issued to any15
person. The permits shall be issued on a first-come-first-served basis determined by16
the date the application is received by the department. Once one hundred twenty-six17 SB NO. 202
SLS 12RS-15	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
permits have been issued, there shall be no more issued that year. The commission1
shall promulgate rules and regulations to delineate the procedures by which the2
permits shall be issued.3
(2) Such permit shall be in addition to all other licenses and permits required4
for harvesting of oysters. After July 1, 2014, no special permit shall be required to5
harvest oysters in Calcasieu Lake. At all times, such oyster harvesting shall be6
limited to using tongs; a hand dredge; a single dredge with mechanical assist that has7
a tooth bar no more than thirty-six inches long; or use of a single scraper with8
mechanical assist and a flat bar length of no more than thirty-six inches is allowed.9
*          *          *10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Present law provides that between July 1, 2011, and June 30, 2014, oyster harvesting in
Calcasieu Lake requires a special permit issued annually by the Dept. of Wildlife and
Fisheries. Limits the number of permits to 126 permits each year. 63 of the permits will be
issued to a person who can prove through trip ticket landings that he commercially harvested
oysters from Calcasieu Lake any time since January 1, 2001. The remaining 63 permits may
be issued to any person.
Proposed law removes present law.
Present law provides that after July 1, 2014, no special permit will be required to harvest
oysters in Calcasieu Lake.
Proposed law removes present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 56:435.1.1(A))