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ACT No. 35
Regular Session, 2013
HOUSE BILL NO. 236
BY REPRESENTATIVES LEOPOLD, BILLIOT, CHANEY, CONNICK, GAROFALO,
GISCLAIR, GUINN, HARRISON, JAMES, JONES, AND SCHEXNAYDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
* * *20
H. Any violation of the rules and regulations contained in Chapter 3 of Part21
IX of Title 51 of the Louisiana Administrative Code pertaining to refrigeration of22
oysters, clams, and mussels, shall constitute a class four violation as delineated in23 ENROLLEDHB NO. 236
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R.S. 56:34(A) but shall not include forfeiture of anything seized in connection with1
the violation as required by R.S. 56:34(B).2
Section 2. R.S. 56:424(E), 433(C), (G), and (J) are hereby amended and reenacted3
to read as follows:4
§424. Taking of oysters5
* * *6
E.(1) No person shall harvest, possess, sell, barter, trade, purchase, or7
exchange or attempt to sell, barter, trade, or exchange oysters in the state of8
Louisiana or in interstate commerce unless such oysters are taken from areas9
approved by the state health officer in accordance with R.S. 40:5.3. Unless otherwise10
permitted by the Department of Wildlife and Fisheries, when any vessel is found to11
be harvesting within an unapproved or closed area, all oysters on board the vessel12
shall be deemed to have been taken from unapproved or closed waters and shall be13
deemed to constitute a hazard to the safety, health, and welfare of the citizens of the14
state. In addition, no oysters taken from sources outside of Louisiana shall be sold15
in Louisiana, unless taken from areas approved by the state authorities having16
jurisdiction, and unless secured from oyster dealers whose state certifications have17
been endorsed by the United States Food and Drug Administration Public Health18
Services for interstate shipment. All oysters found in violation of this Paragraph19
shall be seized and ordered returned to the water. Any violation of this Paragraph20
shall constitute a class four six violation under the provisions of R.S. 56:34 R.S.21
56:36.22
(2)(a) In addition to all other penalties provided hereunder in this Section,23
whoever violates for the first violation of this Subsection shall have the oyster24
harvester's license or licenses under which the violation occurred shall be revoked25
by the department and for the period for which it or they were issued. For the first26
offense, the license or licenses shall not be reinstated no new such license shall be27
issued for one year thereafter from the date of the conviction. For the second and28
subsequent offenses, the license or licenses shall not be reinstated for three years29
thereafter. In addition, the violator shall be sentenced to perform no less than forty30 ENROLLEDHB NO. 236
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hours of community service. If available, the hours shall be served in a litter1
abatement community service program. During the period in which the violator is2
prohibited from possession of an oyster harvester license for a first offense, the3
violator may be present on a vessel harvesting or processing oysters only if that4
vessel is equipped with and is actively using a vessel monitoring system as5
prescribed in R.S. 56:424.1.6
(b) For a second violation of this Subsection, the violator's oyster harvester7
license shall be revoked, and no new such license shall be issued for three years8
from the date of conviction. In addition, the violator shall be sentenced to perform9
no less than ninety hours of community service. If available, the hours shall be10
served in a litter abatement community service program. During the period in which11
the violator is prohibited from possession of an oyster harvester license for a second12
violation, the violator shall not be present on a vessel harvesting or processing13
oysters.14
(c) For a third or subsequent violation of this Subsection, the violator's oyster15
harvester license shall be revoked, and no new such license shall be issued for ten16
years from the date of the third or subsequent conviction. In addition, the violator17
shall be sentenced to perform no less than one hundred twenty hours of community18
service. If available, the hours shall be served in a litter abatement community19
service program. During the period in which the violator is prohibited from20
possession of an oyster harvester license for a third or subsequent violation, the21
violator shall not be present on a vessel harvesting or processing oysters.22
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§433. Culling oysters taken from natural reefs; size limits24
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C. No person shall take oysters from the natural reef of the waters of the26
state during the period beginning the day following the closing date set by the27
commission pursuant to Paragraph (B)(1) of this Section and ending the Tuesday28
following Labor Day, nor shall any person take oysters from the natural reefs during29
any closure of such reefs as set by the commission or department. No person shall30 ENROLLEDHB NO. 236
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can, shuck, or pack any oysters from the natural reefs during the closure period. This1
provision does not prevent any lessee of oyster bedding grounds from harvesting his2
own oysters and using them for personal home consumption or for sale during the3
time of closure.4
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G. No provisions of this Section shall prevent the department from6
exercising its option to close the natural grounds to all oyster fishing as provided in7
Subsection B, and no person shall take oysters from the natural reefs during any such8
closure.9
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J.(1) A Except for a violation of the provisions of Subsection C or G of this11
Section, violation of the provisions of this Section shall constitute a class two12
violation.13
(2) A violation of Subsection C or G of this Section shall constitute a class14
six violation. In addition to the penalties associated with a class six violation, the15
violator shall be sentenced to perform no less than forty hours of community service.16
If available, the hours shall be served in a litter abatement community service17
program.18
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Section 3. LAC 51:IX.3.335(B) is hereby enacted to read as follows:20
§335. Penalties Relative to Shell-Stock Refrigeration21
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B. Any violation of LAC 51:IX.3.327 through 333 shall constitute a class1
four violation as delineated in R.S. 56:34(A) but shall not include forfeiture of2
anything seized in connection with the violation as required by R.S. 56:34(B).3
Section 4. R.S. 56:433(D) is hereby repealed in its entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: