ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 416
BY REPRESENTATIVES LAMBERT AND GUINN
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 fish management; to expand the Department of Wildlife and Fisheries4
responsibilities for conservation and management of saltwater fisheries to include5
all fisheries; to add responsibility for sustainability of fish resources to the6
responsibilities of the Wildlife and Fisheries Commission; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Subpart L of Part VII of Chapter 1 of Title 56 of the Louisiana Revised10
Statutes of 1950, comprised of R.S. 56:638.1 through 638.5, is hereby amended and11
reenacted to read as follows:12
SUBPART L. SALTWATER FISHERY FISH CONSERVATION , AND13
MANAGEMENT , AND SUSTAINABILITY14
§638.1. Saltwater fishery Fish conservation, and management, and sustainability;15
legislative intent16
Recognizing that there are ever increasing ever-increasing numbers of both17
sport and commercial fishermen utilizing the waters of the state for recreational and18
commercial pursuits resulting in conflicts over limited space and competition for the19
same saltwater fish, and acknowledging that both the sport and commercial fishing20
industries are vital to the economy of the coastal region and the entire state, the21
saltwater fishery standards for conservation, and management, and sustainability of22
all species of saltwater finfish fish are hereby declared to be fair and in the best23
interest of the state.24 ENROLLEDHB NO. 416
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§638.2. Findings1
The state of Louisiana recognizes that:2
(1) Its saltwater finfish fish resources are of great value and are renewable.3
These saltwater finfish fish resources make many contributions to the state,4
including, but not limited to, the food supply, economy, and health of the state and5
recreational opportunities. With proper regulations of the harvest by fishermen,6
coupled with protection and enhancement of their freshwater, saltwater, and7
estuarine habitat, Louisiana's saltwater finfish fish resources should be available to8
provide these benefits to the state indefinitely.9
(2) As a consequence of increased fishing pressure and/ or other factors and10
because of the inadequacy limitations of fishery fish conservation, and management,11
and sustainability practices, certain stocks of fish may have been or will become12
overfished.13
(3) The future productivity of saltwater finfish renewable fish resources and14
their supporting habitats may be seriously jeopardized as a consequence of the15
continued loss of Louisiana coastal wetlands, or because of human actions affecting16
the functionality and value of the coastal wetlands as saltwater finfish estuary and17
habitat state's renewable fish resources and their supporting habitats.18
(4) Both commercial and recreational fishing constitute a major source of19
employment and contribute significantly to the economy of the state. Many coastal20
areas are dependent upon such fishing and related activities and their economies have21
been damaged by pollution, habitat degradation, and/ or overfishing.22
(5) Saltwater finfish Fish resources are finite but renewable. If timely placed23
under sound management, the fisheries can be conserved and maintained so as to24
provide optimum and sustainable yields on a continuing basis.25
(6) A strong state program for the wise conservation, and management, and26
sustainability of the saltwater finfish fish resources of Louisiana is necessary to27
maintain plentiful fish populations, to prevent overfishing, to rebuild reduced stocks,28
to insure ensure conservation, and to realize their full potential.29 ENROLLEDHB NO. 416
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(7) The safe development or improvement of fisheries that are not fully or1
properly utilized by the Louisiana commercial and recreational fishermen and fishing2
industries should help to assure ensure that Louisiana benefits from the employment,3
food supply, recreation, and social and economic benefit that could be maintained4
or generated thereby, if pursued in such a fashion that is socially, scientifically,5
economically, anthropologically, and biologically sound for the state, the species,6
and any related species, and their supporting habitats.7
(8) A strong state program is necessary to advocate the importance of the8
functionality and value of Louisiana's waters and coastal wetlands as estuary and9
habitat for saltwater fisheries fish resources, the social and economic value of these10
resources to the state and the nation, and the need to actively seek to avoid any net11
loss of this functionality and value.12
§638.3. Purposes13
A. In order to implement the objectives and purposes of this Subpart, the14
commission shall:15
(1) Take timely action to conserve , and manage, protect, and sustain16
saltwater finfish fish species.17
(2) Promote the use of sound conservation, and management, and18
sustainability principles in the regulation of commercial and recreational fishing.19
(3) Actively advocate, on behalf of the saltwater finfish fish constituency,20
improvement of or no net loss of the functionality and value of the saltwater21
fisheries' habitat and estuary.22
(4) Provide for the preparation and implementation of fishery fish23
management plans, including plans for habitats, estuaries, and their supporting24
ecosystems, in accordance with this policy that will prevent overfishing and will25
achieve and maintain plentiful fish populations to ensure, on a continuing basis, the26
optimum yield from each fishery while ensuring its sustainability.27
(5) Recognize that saltwater finfish fish populations are subject to both28
natural and man-induced increases and decreases, and that changes in harvest levels29
may need to be recommended. If changes are required, these increases and decreases30 ENROLLEDHB NO. 416
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should be distributed among all fishermen in a fair and equitable manner that1
considers among other factors historical usage, ensuring that no historical user2
groups will be arbitrarily excluded.3
B. A sustainable fishery is one that is scientifically monitored and actively4
managed to be viable today and in the future, conserving fish and their environment5
and supporting the communities and economies that depend upon these resources.6
§638.4. Policy7
The policy of the state of Louisiana is hereby declared to be the following:8
Stewardship of the state's saltwater finfish renewable fish resources shall9
have as its utmost concern the continued health and abundance of the resource and10
its environs habitat, shall provide for optimum sustained benefits to the state, shall11
be responsive to the needs of interested and affected citizens, shall ensure the proper12
and fair utilization of these resources for the citizens of the state in present and future13
generations, shall preserve the state's exclusive right to manage the fisheries within14
or beyond its jurisdiction, and shall be based on the best scientific and technical15
information available. In addition, such stewardship of the state's saltwater finfish16
fish resources shall draw upon federal, state, and academic capabilities and promote17
efficiency in carrying out research, administration, management, and enforcement.18
§638.5. Saltwater fishery Fishery standards19
The commission shall adopt such rules and regulations, consistent with the20
authority granted by this Chapter, and in accordance with the Administrative21
Procedure Act, for the harvesting, conservation, and management, and sustainability22
of all species of saltwater finfish fish, in accordance with the following standards:23
(1) Conservation, and management, and sustainability measures shall prevent24
overfishing while achieving, on a continuing basis, the optimum yield while25
maintaining healthy, plentiful stocks. In fact, every effort will be made at all times26
to prevent a harvest from exceeding the safe upper limit of harvests which can be27
taken consistently year after year without diminishing the stocks so that the stock is28
truly inexhaustible and perpetually renewable.29 ENROLLEDHB NO. 416
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(2) Conservation, and management, and sustainability measures shall be1
based upon the best scientific, economic, biological, anthropological, and2
sociological information available.3
(3) To the extent practicable, an individual stock or unit of fish shall be4
managed as a unit throughout its range within the state's jurisdictional authority and5
interrelated stocks of fish and other saltwater renewable fish resources shall be6
managed in close coordination while considering their supporting habitats.7
(4) If it becomes necessary to allocate or assign fishing privileges among8
various fishermen, such allocations to the extent practicable shall be:9
(a) Fair and equitable to all such fishermen.10
(b) Reasonably calculated to promote conservation.11
(c) Carried out in such a manner that no particular individual, corporation,12
or other legal entity acquires an excessive share of such privileges.13
(d) In the best interest of the citizens of Louisiana.14
(5) Conservation, and management, and sustainability measures shall, where15
practicable, promote efficiency in the conservation, and management, and16
sustainability of fishery fish resources; except that no such measure shall have17
economic allocation as its sole purpose.18
(6) Conservation, and management, and sustainability measures shall, where19
practicable, minimize costs and avoid unnecessary duplication.20
(7) Conservation, and management, and sustainability measures may take21
into account and allow for variations among, and contingencies in, fisheries,22
resources, and catches.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: