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Regular Session, 2013
HOUSE BILL NO. 236
BY REPRESENTATIVE LEOPOLD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FISHING/OYSTERS: Increases penalties for certain oyster harvesting violations
AN ACT1
To amend and reenact R.S. 40:6(A) and R.S. 56:424(E) and 433(C), (G), and (J), to enact2
R.S. 40:6(H) and LAC 51:IX.3.335(B), and to repeal R.S. 56:433(D), relative to3
violations of oyster harvesting laws; to increase the penalties for harvesting from4
closed waters; to increase the penalties for harvesting in violation of the health time5
restrictions; to repeal the prohibition removal from the natural reefs of oysters for6
steamed oysters; and to provide for related matter.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:6(A) is hereby amended and reenacted and R.S. 40:6(H) is hereby9
enacted to read as follows:10
§6. Penalties for violation of state Sanitary Code11
A. Whoever Except as provided otherwise in Subsection H of this Section,12
whoever violates any provision of the sanitary code, except those provisions dealing13
with isolation or quarantine of communicable disease, shall be fined not more than14
twenty-five dollars or be imprisoned for not more than ten days, or both, for the first15
offense. For the second offense, he shall be fined not less than twenty-five dollars16
nor more than fifty dollars or be imprisoned for not less than ten days nor more than17
thirty days, or both. For any subsequent offense, he shall be fined one hundred18
dollars or be imprisoned for not less than thirty days, or both.19
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H. Any violation of the rules and regulations contained in Chapter 3 of Part1
IX of Title 51 of the Louisiana Administrative Code pertaining to refrigeration of2
oysters, clams, and mussels, shall constitute a class four violation as delineated in3
R.S. 56:34.4
Section 2. R.S. 56:424(E), 433(C), (G), and (J) are hereby amended and reenacted5
to read as follows:6
§424. Taking of oysters7
* * *8
E.(1) No person shall harvest, possess, sell, barter, trade, purchase, or9
exchange or attempt to sell, barter, trade, or exchange oysters in the state of10
Louisiana or in interstate commerce unless such oysters are taken from areas11
approved by the state health officer in accordance with R.S. 40:5.3. Unless otherwise12
permitted by the Department of Wildlife and Fisheries, when any vessel is found to13
be harvesting within an unapproved or closed area, all oysters on board the vessel14
shall be deemed to have been taken from unapproved or closed waters and shall be15
deemed to constitute a hazard to the safety, health, and welfare of the citizens of the16
state. In addition, no oysters taken from sources outside of Louisiana shall be sold17
in Louisiana, unless taken from areas approved by the state authorities having18
jurisdiction, and unless secured from oyster dealers whose state certifications have19
been endorsed by the United States Food and Drug Administration Public Health20
Services for interstate shipment. All oysters found in violation of this Paragraph21
shall be seized and ordered returned to the water. Any violation of this Paragraph22
shall constitute a class four six violation under the provisions of R.S. 56:34 R.S.23
56:36.24
(2)(a) In addition to all other penalties provided hereunder in this Section,25
whoever violates for the first violation of this Subsection shall have the oyster26
harvester's license or licenses under which the violation occurred shall be revoked27
by the department and for the period for which it or they were issued. For the first28
offense, the license or licenses shall not be reinstated no new such license shall be29 HLS 13RS-862 ORIGINAL
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issued for one year thereafter from the date of the conviction. For the second and1
subsequent offenses, the license or licenses shall not be reinstated for three years2
thereafter. In addition, the violator shall be sentenced to perform no less than forty3
hours of community service. If available, the hours shall be served in a litter4
abatement community service program. During the period in which the violator is5
prohibited from possession of an oyster harvester license for a first offense, the6
violator may only be present on a vessel harvesting or processing oysters if that7
vessel is equipped with and is actively using a vessel monitoring system as8
prescribed in R.S. 56:424.1.9
(b) For a second violation of this Subsection, the violator's oyster harvester10
license shall be revoked and no new such license shall be issued for three years from11
the date of conviction. In addition, the violator shall be sentenced to perform no less12
than ninety hours of community service. If available, the hours shall be served in a13
litter abatement community service program. During the period in which the violator14
is prohibited from possession of an oyster harvester license for a second violation,15
the violator shall not be present on a vessel harvesting or processing oysters.16
(c) For a third or subsequent violation of this Subsection, the violator's oyster17
harvester license shall be revoked and no new such license shall be issued for ten18
years from the date of the third or subsequent conviction. In addition, the violator19
shall be sentenced to perform no less than one hundred twenty hours of community20
service. If available, the hours shall be served in a litter abatement community21
service program. During the period in which the violator is prohibited from22
possession of an oyster harvester license for a third or subsequent violation, the23
violator shall not be present on a vessel harvesting or processing oysters.24
* * *25
§433. Culling oysters taken from natural reefs; size limits26
* * *27
C. No person shall take oysters from the natural reef of the waters of the28
state during the period beginning the day following the closing date set by the29 HLS 13RS-862 ORIGINAL
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commission pursuant to Paragraph (B)(1) of this Section and ending the Tuesday1
following Labor Day, nor shall any person take oysters from the natural reefs during2
any closure of such reefs as set by the commission or department. No person shall3
can, shuck, or pack any oysters from the natural reefs during the closure period. This4
provision does not prevent any lessee of oyster bedding grounds from harvesting his5
own oysters and using them for personal home consumption or for sale during the6
time of closure.7
* * *8
G. No provisions of this Section shall prevent the department from9
exercising its option to close the natural grounds to all oyster fishing as provided in10
Subsection B ,and no person shall take oysters from the natural reefs during any such11
closure.12
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J.(1) A Except for a violation of the provisions of Subsection C or G of this14
Section, violation of the provisions of this Section shall constitute a class two15
violation.16
(2) A violation of Subsection C or G of this Section shall constitute a class17
six violation. In addition to the penalties associated with a class six violation, the18
violator shall be sentenced to perform no less than forty hours of community service.19
If available, the hours shall be served in a litter abatement community service20
program.21
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Section 3. LAC 51:IX.3.335(B) is hereby enacted to read as follows:23
§335. Penalties Relative to Shell-Stock Refrigeration24
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B. Any violation of LAC 51:IX.3.327 through 333 shall constitute a class26
four violation as delineated in R.S. 56:34.27
Section 4. R.S. 56:433(D) is hereby repealed in its entirety.28 HLS 13RS-862 ORIGINAL
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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)]
Leopold HB No. 236
Abstract: Increases penalties for violations of laws regulating oyster harvest during health
closures and health time restrictions.
Present law requires oysters to be transferred to refrigeration within one hour of harvest.
Provides for a $25 penalty for violation of such regulations. Proposed law provides that such
violations constitute a class four violation punishable as follows:
1st offensebetween $400 & $950 or imprisonment for more than
120 days, or both
2nd offensebetween $750 & $999 & imprisonment between 90 and
180 days
3rd or morebetween $1,000 & $5,000& imprisonment between 180
days and two years
Provides forfeiture of anything seized in connection with the violation.
Present law prohibits the harvest, possession, sale, trade, purchase, or exchange of oysters
taken from areas not approved by the state health officer. Provides that violations of such
prohibition are class four punishable as above. Present law, for a first violation, further
provides for revocation of the oyster harvester license for the remainder of the period for
which it was issued and for a second or subsequent offense, provides for revocation for three
years.
Proposed law changes the penalties for such violations to class six violations punishable, for
each offense, with a fine of between $900 and $950 or imprisonment for less than 120 days
or both and forfeiture of anything seized.
In addition, for the first violation, the violator's oyster harvester license shall be revoked and
a new license shall not be issued for one year from the date of conviction, and the violator
shall be required to perform at least 40 hours of community service, litter abatement if
available. During the period of revocation, proposed law allows the violator to be present
on a vessel harvesting or processing oysters only if the vessel is equipped with and actively
using a vessel monitoring system approved by the Dept. of Wildlife and Fisheries.
For a second violation, the violator's oyster harvester license shall be revoked and a new
license shall not be issued for three years from the date of conviction and the violator shall
be required to perform at least 90 hours of community service, litter abatement if available.
For a third or subsequent violation, the violator's oyster harvester license shall be revoked
and a new license shall not be issued for 10 years from the date of conviction and the
violator shall be required to perform at least 120 hours of community service, litter
abatement if available. For a second or subsequent violation, the violator is prohibited from
being on a vessel harvesting or processing oysters.
Present law prohibits the harvest of oysters from the natural reefs or seed grounds during any
closure of such by the Wildlife and Fisheries Commission. Provides that violations are class
two punishable as follows:
1st offense $100 - $350orimprisonment not more than 60 days, or both HLS 13RS-862 ORIGINAL
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2nd offense $300 - $550&imprisonment between 30 and 60 days
3rd or more $500 - $750&imprisonment between 60 and 90 days, and
forfeiture
Proposed law provides that such violations are class six punishable for each offense with
a fine of between $900 and $950 or imprisonment for less than 120 days or both and
forfeiture of anything seized. Further provides that violators shall perform 40 hours of
community service, litter abatement if available.
Present law prohibits harvesting of oysters for steaming during a specified period of closure.
Proposed law repeals present law.
(Amends R.S. 40:6(A) and R.S. 56:424(E) and 433(C), (G), and (J); Adds R.S. 40:6(H) and
LAC 51:IX.3.335(B); Repeals R.S. 56:433(D))