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)]
HB 341 Reengrossed 2015 Regular Session Garofalo
Abstract: Provides additional penalties for the illegal taking of oysters from leased acreage.
Present law provides that illegal taking of oysters is a class six offense 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.
Proposed law adds penalties in addition to the class six penalties as follows:
(1)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, proposed 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.
(2)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 second or subsequent violation, the violator is prohibited from being on a vessel
harvesting or processing oysters.
(3)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.
(Amends R.S. 56:431(D))