RÉSUMÉ DIGEST
ACT 211 (HB 341) 2015 Regular Session Garofalo
Existing 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.
New law adds penalties in addition to the class six penalties as follows:
(1)Upon conviction of 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,
new 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)Upon conviction of 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)Upon conviction of 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 the third or subsequent conviction and the violator shall be required to
perform at least 120 hours of community service, litter abatement if available.
Effective Aug. 1, 2015.
(Amends R.S. 56:431(D))