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
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))