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Regular Session, 2014
HOUSE BILL NO. 416
BY REPRESENTATIVES LAMBERT AND GUINN
FISHING: Assigns to the Wildlife and Fisheries Commission management responsibility
for sustainability of freshwater and saltwater fisheries
AN ACT1
To amend and reenact Subpart L of Part VII of Chapter 1 of Title 56 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 56:638.1 through 638.5, relative3
to fishery management; to add responsibility for sustainability of fishery resources4
to the responsibilities of the Wildlife and Fisheries Commission; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart L of Part VII of Chapter 1 of Title 56 of the Louisiana Revised8
Statutes of 1950, comprised of R.S. 56:638.1 through 638.5, is hereby amended and9
reenacted to read as follows:10
SUBPART L. SALTWATER FISHERY CONSERVATION , AND11
MANAGEMENT , AND SUSTAINABILITY12
§638.1. Saltwater fishery Fishery conservation, and management, and sustainability;13
legislative intent14
Recognizing that there are ever increasing ever-increasing numbers of both15
sport and commercial fishermen utilizing the waters of the state for recreational and16
commercial pursuits resulting in conflicts over limited space and competition for the17
same saltwater fish, and acknowledging that both the sport and commercial fishing18
industries are vital to the economy of the coastal region and the entire state, the19
saltwater fishery standards for conservation, and management, and sustainability of20 HLS 14RS-467 ENGROSSED
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all species of saltwater finfish fish are hereby declared to be fair and in the best1
interest of the state.2
§638.2. Findings3
The state of Louisiana recognizes that:4
(1) Its saltwater finfish fish resources are of great value and are renewable.5
These saltwater finfish fish resources make many contributions to the state including,6
but not limited to, the food supply, economy, and health of the state and recreational7
opportunities. With proper regulations of the harvest by fishermen, coupled with8
protection and enhancement of their freshwater, saltwater, and estuarine habitat,9
Louisiana's saltwater finfish fish resources should be available to provide these10
benefits to the state indefinitely.11
(2) As a consequence of increased fishing pressure and/ or other factors and12
because of the inadequacy limitations of fishery conservation, and management, and13
sustainability practices, certain stocks of fish may have been or will become14
overfished.15
(3) The future productivity of saltwater finfish renewable fish and wildlife16
resources and their supporting habitats may be seriously jeopardized as a17
consequence of the continued loss of Louisiana coastal wetlands, or because of18
human actions affecting the functionality and value of the coastal wetlands as19
saltwater finfish estuary and habitat state's renewable fish and wildlife resources and20
their supporting habitats.21
(4) Both commercial and recreational fishing constitute a major source of22
employment and contribute significantly to the economy of the state. Many coastal23
areas are dependent upon such fishing and related activities and their economies have24
been damaged by pollution, habitat degradation, and/ or overfishing.25
(5) Saltwater finfish Fishery resources are finite but renewable. If timely26
placed under sound management, the fisheries can be conserved and maintained so27
as to provide optimum and sustainable yields on a continuing basis.28 HLS 14RS-467 ENGROSSED
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(6) A strong state program for the wise conservation, and management, and1
sustainability of the saltwater finfish fish resources of Louisiana is necessary to2
maintain plentiful fish populations, to prevent overfishing, to rebuild reduced stocks,3
to insure ensure conservation, and to realize their full potential.4
(7) The safe development or improvement of fisheries that are not fully or5
properly utilized by the Louisiana commercial and recreational fishermen and fishing6
industries should help to assure ensure that Louisiana benefits from the employment,7
food supply, recreation, and social and economic benefit that could be maintained8
or generated thereby, if pursued in such a fashion that is socially, scientifically,9
economically, anthropologically, and biologically sound for the state, the species,10
and any related species, and their supporting habitats.11
(8) A strong state program is necessary to advocate the importance of the12
functionality and value of Louisiana's waters and coastal wetlands as estuary and13
habitat for saltwater fisheries fish resources, the social and economic value of these14
resources to the state and the nation, and the need to actively seek to avoid any net15
loss of this functionality and value.16
§638.3. Purposes17
In order to implement the objectives and purposes of this Subpart, the18
commission shall:19
(1) Take timely action to conserve , and manage, protect, and sustain20
saltwater finfish fish species.21
(2) Promote the use of sound conservation, and management, and22
sustainability principles in the regulation of commercial and recreational fishing.23
(3) Actively advocate, on behalf of the saltwater finfish fish constituency,24
improvement of or no net loss of the functionality and value of the saltwater25
fisheries' habitat and estuary.26
(4) Provide for the preparation and implementation of fishery management27
plans, including plans for habitats, estuaries, and their supporting ecosystems, in28
accordance with this policy that will prevent overfishing and will achieve and29 HLS 14RS-467 ENGROSSED
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maintain plentiful fish populations to ensure, on a continuing basis, the optimum1
yield from each fishery while ensuring their sustainability.2
(5) Recognize that saltwater finfish fish populations are subject to both3
natural and man-induced increases and decreases, and that changes in harvest levels4
may need to be recommended. If changes are required, these increases and decreases5
should be distributed among all fishermen in a fair and equitable manner that6
considers among other factors historical usage, ensuring that no historical user7
groups will be arbitrarily excluded.8
§638.4. Policy9
The policy of the state of Louisiana is hereby declared to be the following:10
Stewardship of the state's saltwater finfish renewable fish resources shall11
have as its utmost concern the continued health and abundance of the resource and12
its environs habitat, shall provide for optimum sustained benefits to the state, shall13
be responsive to the needs of interested and affected citizens, shall ensure the proper14
and fair utilization of these resources for the citizens of the state in present and future15
generations, shall preserve the state's exclusive right to manage the fisheries within16
or beyond its jurisdiction, and shall be based on the best scientific and technical17
information available and shall encourage the development of practical measures that18
minimize by-catch and avoid unnecessary waste of fish resources. In addition, such19
stewardship of the state's saltwater finfish fish resources shall draw upon federal,20
state, and academic capabilities and promote efficiency in carrying out research,21
administration, management, and enforcement.22
§638.5. Saltwater fishery Fishery standards23
The commission shall adopt such rules and regulations, consistent with the24
authority granted by this Chapter, and in accordance with the Administrative25
Procedure Act, for the harvesting, conservation, and management, and sustainability26
of all species of saltwater finfish fish, in accordance with the following standards:27
(1) Conservation, and management, and sustainability measures shall prevent28
overfishing while achieving, on a continuing basis, the optimum yield while29 HLS 14RS-467 ENGROSSED
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maintaining healthy, plentiful stocks. In fact, every effort will be made at all times1
to prevent a harvest from exceeding the safe upper limit of harvests which can be2
taken consistently year after year without diminishing the stocks so that the stock is3
truly inexhaustible and perpetually renewable.4
(2) Conservation, and management, and sustainability measures shall be5
based upon the best scientific, economic, biological, anthropological, and6
sociological information available.7
(3) To the extent practicable, an individual stock or unit of fish shall be8
managed as a unit throughout its range within the state's jurisdictional authority and9
interrelated stocks of fish and other saltwater renewable fish and wildlife resources10
shall be managed in close coordination while considering their supporting habitats.11
(4) If it becomes necessary to allocate or assign fishing privileges among12
various fishermen, such allocations to the extent practicable shall be:13
(a) Fair and equitable to all such fishermen.14
(b) Reasonably calculated to promote conservation.15
(c) Carried out in such a manner that no particular individual, corporation,16
or other legal entity acquires an excessive share of such privileges.17
(d) In the best interest of the citizens of Louisiana.18
(5) Conservation, and management, and sustainability measures shall, where19
practicable, promote efficiency in the conservation, and management, and20
sustainability of fishery resources; except that no such measure shall have economic21
allocation as its sole purpose.22
(6) Conservation, and management, and sustainability measures shall, where23
practicable, minimize costs and avoid unnecessary duplication.24
(7) Conservation, and management, and sustainability measures may take25
into account and allow for variations among, and contingencies in, fisheries,26
resources, and catches.27 HLS 14RS-467 ENGROSSED
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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)]
Lambert HB No. 416
Abstract: Assigns to the Wildlife and Fisheries Commission management responsibility
for sustainability of freshwater and saltwater fisheries.
Present law assigns the responsibility for saltwater finfish conservation and management to
the Wildlife and Fisheries Commission. Proposed law expands that responsibility to include
conservation, management, and sustainability programs for all fisheries in the state,
including saltwater and freshwater.
(Amends R.S. 56:638.1-638.5)