Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB154 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 154
BY SENATOR LONG 
WILDLIFE/FISHERIES DEPT. Provides relative to the importation of certain fish. (8/1/14)
AN ACT1
To amend and reenact R.S. 56:327(A)(2) and 412(A)(4) and (6) and to repeal R.S. 56:327.1,2
relative to the importation of certain fish; to provide for importation regulations and3
licensing requirements; to provide certain size requirements for importation; to4
exempt certain persons from the notification provisions; to remove certain provisions5
relative to the importation of aquaculturally raised fish and cultured fish; to provide6
terms, conditions, and requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 56:327(A)(2) and 412(A)(4) and (6) are hereby amended and9
reenacted to read as follows:10
§327. Sale or purchase of freshwater or saltwater game fish prohibited; commercial11
sales and purchases, commercial license required; commercial12
fingerlings and certified mariculture and aquaculture fish excepted;13
penalties14
A.(1) *          *          *15
(2) The commission shall promulgate rules and regulations in accordance16
with the Administrative Procedure Act to regulate the importation, possession, or17 SB NO. 154
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words in boldface type and underscored are additions.
sale of game fish species. Red drum, hybrid striped bass, or any other game fish1
species approved by the commission, which are legally taken, possessed, or sold2
commercially outside of the state, and aquaculturally raised game fish , may be3
imported, sold, or purchased by properly licensed wholesale/retail seafood dealers4
persons. Except those game fish being imported under a domesticated aquatic5
organisms license, prior Prior to each shipment into this state of any game fish for6
consumption, the buyer or handler of such shipment shall notify the secretary or his7
designated agent of its pending arrival and shall possess a bill of lading therefor. The8
bill of lading shall state the species of fish contained in each shipment, the number9
of fish or parts thereof, the origin of the shipment, the destination of the shipment,10
the consignee and consignor, and where applicable, the grower's name and fish11
farmer's license number. Wholesalers, their agents, and commercial transporters12
delivering the shipment or portions thereof to retail dealers shall provide each dealer13
with a copy of their bill of lading and shall indicate thereon the date of delivery to14
the retailer, the species of fish delivered, and the number of fish or parts thereof15
delivered. Both wholesale and retail dealers shall maintain a file of such bills of16
lading which shall be open to inspection by the secretary, his agents, or any17
enforcement agents. Regulations adopted by the commission may utilize a18
confirmation number system in lieu of copies of bills of lading provided by19
wholesale/retail seafood dealers to retail seafood dealers.20
*          *          *21
§412.  Issuance and renewal of domesticated aquatic organism license22
A. (1) *          *          *23
*          *          *24
(4) Persons engaged in the business of aquaculture under this Subpart are25
excepted from the provisions of R.S. 56:306, and the notification provisions of26
R.S. 56:327(A)(2), and shall, by virtue of their license, be entitled to sell27
domesticated aquatic organisms in any size, quantity, or limit without restriction28
within the state or outside of the state. Creel limits shall not apply to shipments or29 SB NO. 154
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transport of domesticated aquatic organisms under the provisions of this Subpart.1
*          *          *2
(6) Species of rock bass, white bass, yellow bass, crappie, and bream3
fingerlings not exceeding a maximum total length of three six inches; and spotted4
bass, and striped bass, fingerlings not exceeding a maximum total length of ten5
inches; and largemouth bass of any size may be brought into the state by and from6
legal and certified out-of-state commercial fish hatcheries for sale to persons for7
stocking ponds and approved public waters located in Louisiana and may be sold by8
permitted residents in accordance with the provisions of this Subsection. Creel limits9
shall not apply to shipments of such game fish fingerlings.10
*          *          *11
Section 2.  R.S. 56:327.1 is hereby repealed.12
The original instrument was prepared by McHenry Lee. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Long (SB 154)
Present law requires the commission to promulgate rules and regulations for the importation,
possession, or sale of game fish species. Allows licensed wholesale/retail dealers to import,
sell, or purchase aquaculturally raised game fish.
Proposed law allows any properly licensed person to import, sell, or purchase aquaculturally
raised game fish.
Present law requires that the buyer or handler of each shipment of any game fish notify the
secretary before its impending arrival.
Proposed law provides an exception to the notification requirement for any game fish being
imported under the domesticated aquatic organisms license.
Present law allows persons engaged in the business of aquaculture to sell domesticated
aquatic organisms in any size, quantity, or limit without restriction within the state or outside
of the state and exempts these persons from certain wholesale/retail seafood license
requirements.
Proposed law exempts persons engaged in the business of aquaculture from certain
notification provisions.
Present law provides size requirements for the importation of certain fish species.
Proposed law increases the maximum size limit for rock bass, white bass, yellow bass,
crappie, and bream fingerlings from three to six inches and removes the maximum size limit
for spotted or striped bass.  SB NO. 154
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides for the importation of aquaculturally raised fish and cultured fish.
Proposed law repeals present law.
Effective August 1, 2014.
(Amends R.S. 56:327(A)(2) and 412(A)(4) and (6); repeals R.S. 56:327.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Changes who may import, sell, or purchase aquaculturally raised game fish.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.