SLS 16RS-447 ORIGINAL
2016 Regular Session
SENATE CONCURRENT RESOL UTION NO. 6
BY SENATOR CLAITOR
FISH/FISHING. Expresses legislative intent for enforcement of laws regulating fishing gear
authorized for use in Louisiana's offshore waters.
1 A CONCURRENT RESOL UTION
2 To express the intent of the Louisiana Legislature relative to enforcement of fishing harvest
3 gear laws and restrictions in state and federal waters off the coast of Louisiana.
4 WHEREAS, the Louisiana Legislature passed Act No. 336 of the 2011 Regular
5 Legislative Session recognizing Louisiana's historical boundary at three marine leagues (nine
6 nautical miles), but specifically included the caveat that, "the jurisdiction of the state of
7 Louisiana or any political subdivision thereof shall not extend to the boundaries recognized
8 herein until the U.S. Congress acknowledges the boundary described herein by an Act of
9 Congress…"; and
10 WHEREAS, on June 8, 2012, the Louisiana Wildlife and Fisheries Commission
11 relied on the provisions of Act No. 336 and took action to extend jurisdiction of state
12 territorial waters for the purposes of all fisheries management to three marine leagues; and
13 WHEREAS, on December 18, 2015, the One Hundred Fourteenth Congress of the
14 United States passed the Consolidated Appropriations Act, which granted management
15 authority of reef fish resources to the gulf states out to nine miles by stating,
16 "Notwithstanding any other provision of law, for the purpose of carrying out activities
17 pursuant to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico
18 or any amendment to such Plan, the seaward boundary of a coastal State in the Gulf of
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SLS 16RS-447 ORIGINAL
1 Mexico is a line nine nautical miles seaward from the baseline from which the territorial sea
2 of the United States is measured."; and
3 WHEREAS, the extension of Louisiana's jurisdiction for fisheries management
4 applies only to those species in the management unit of the Reef Fish Fisheries Management
5 Plan, including snappers, groupers, tilefish, jacks, triggerfish, and wrasses; and
6 WHEREAS, the Louisiana Legislature has authorized the Louisiana Wildlife and
7 Fisheries Commission to set seasons, times, places, size limits, quotas, daily take, and
8 possession limits for all wildlife and fish, but has retained the authority to regulate gear and
9 methods of take; and
10 WHEREAS, the Louisiana Legislature has passed several laws regulating, restricting,
11 or prohibiting certain gear or methods of take within the state territorial waters; and
12 WHEREAS, the legislative intent when establishing gear restrictions and methods
13 of take in R.S. 56:1, et seq. was for those restrictions to apply to the fisheries resources
14 located within the territorial sea as it existed at the time those laws were passed, which is
15 inside of three nautical miles; and
16 WHEREAS, enforcing the restricted methods of take and gear restrictions for the
17 harvest of reef fish in the manner that they have historically been enforced is beneficial to
18 both the commercial industry and the recreational sector and not detrimental to the resource;
19 and
20 WHEREAS, the Louisiana Wildlife and Fisheries Commission has instructed its
21 enforcement agents to continue to enforce those gear restrictions and methods of take for
22 reef fish resources within the three-mile state offshore boundary as prescribed under
23 Louisiana law and in accordance with departmental regulations, including but not limited
24 to bandit and long line gear, but shall not enforce such restrictions in the portion of
25 Louisiana territorial waters seaward of the three-mile state offshore boundary as extended
26 by this Resolution to nine nautical miles.
27 THEREFORE, BE IT RESOLVED that it is the intent of the Legislature of Louisiana
28 that those gear restrictions and methods of take for reef fish resources within the three-mile
29 state offshore boundary be enforced as prescribed under Louisiana law and in accordance
30 with departmental regulations, including but not limited to bandit and long line gear, but
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SLS 16RS-447 ORIGINAL
1 such restrictions shall not be enforced in the portion of Louisiana territorial waters seaward
2 of the three-mile state offshore boundary out to nine nautical miles.
3 BE IT FURTHER RESOLVED that recreational take of reef fish with gear
4 authorized by federal law and regulation and federally permitted commercial take of reef fish
5 with gear authorized by federal law and regulation, including bandit and long line gear, shall
6 be allowed beyond the historical three-mile territorial sea, out to the congressionally
7 recognized nine mile extended boundary, so long as that fisherman holds a valid Louisiana
8 basic and saltwater fisherman's license along with the recreational offshore landing permit.
9 BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the
10 secretary of the Department of Wildlife and Fisheries and the chairman of the Louisiana
11 Wildlife and Fisheries Commission.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SCR 6 Original 2016 Regular Session Claitor
States legislative intent that gear restrictions and methods of take for reef fish resources
within the three-mile state offshore boundary be enforced as prescribed under Louisiana law
and in accordance with departmental regulations, including but not limited to bandit and long
line gear, but such restrictions shall not be enforced in the portion of Louisiana territorial
waters seaward of the three-mile state offshore boundary out to nine nautical miles.
Further states legislative intent that recreational take of reef fish with gear authorized by
federal law and regulation and federally permitted commercial take of reef fish with gear
authorized by federal law and regulation, including bandit and long line gear, shall be
allowed beyond the historical three-mile territorial sea, out to the congressionally recognized
nine mile extended boundary, so long as that fisherman holds a valid Louisiana basic and
saltwater fisherman's license along with the recreational offshore landing permit.
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