Leopold (HB 236) Act No. 35
Existing law requires oysters to be transferred to refrigeration within one hour of harvest.
Prior law provided for a $25 penalty for violation of such regulations. New law provides that
such violations constitute a class four violation punishable as follows:
1st offense $400 - $950 or imprisonment for more than 120 days, or both
2nd offense $750 - $999& imprisonment between 90 and 180 days
3rd or more $1,000 - $5,000& imprisonment between 180 days and two years
Existing law prohibits the harvest, possession, sale, trade, purchase, or exchange of oysters
taken from areas not approved by the state health officer. Prior law provided that violations
of such prohibition are class four violations punishable as above. Further provided 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, provided for revocation for three years.
New law changes the penalties for such violations to those of a class six violation 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, new law provides that, 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, new 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.
Existing law prohibits the harvest of oysters from the natural reefs or seed grounds during
any closure of such by the Wildlife and Fisheries Commission. Prior law provided that
violations are class two violations 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
New law provides that such violations are 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. Further provides that violators shall perform 40 hours of
community service, litter abatement if available.
Prior law prohibited harvesting of oysters for steaming during a specified period of closure.
New law repeals prior law.
Effective August 1, 2013.
(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))