2017 Regular Session ENROLLED
SENATE BILL NO. 207
BY SENATOR ALLAIN AND REPRESENTATIVE BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 56:10(B)(1)(g) and to enact R.S. 56:10(B)(16), relative to
3 saltwater fishing licenses; to direct dedicated monies of the Saltwater Fish Research
4 and Conservation Fund to the administration of only certain programs; to limit the
5 use of monies in the fund; to provide for terms, conditions, and requirements; and
6 to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 56:10(B)(1)(g) is hereby amended and reenacted and R.S.
9 56:10(B)(16) is hereby enacted to read as follows:
10 ยง10. Annual report to governor; estimate of proposed expenditures; particular funds;
11 limitations on purposes for use of monies in particular funds;
12 warrants; vouchers; surplus funds
13 * * *
14 B.(1) Subject to the exception contained in Article VII, Section 9(A) of the
15 Constitution of Louisiana, all funds collected by the commission from every source
16 shall be paid into the state treasury and shall be credited to the Bond Security and
17 Redemption Fund. Out of the funds remaining in the Bond Security and Redemption
18 Fund after a sufficient amount is allocated from that fund to pay all obligations
19 secured by the full faith and credit of the state which become due and payable within
20 any fiscal year, the treasurer shall, prior to placing such remaining funds in the state
21 general fund, conform to the following:
22 * * *
23 (g) Between June 1, 2014, and May 31, 2018, pay annually into the
24 Conservation Fund, into a special account designated as the "Saltwater Fish Research
ACT No. 404
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 207 ENROLLED
1 and Conservation Fund", an amount equal to the fees collected pursuant to R.S.
2 56:302.1(C)(1)(c). Such funds shall be used by the office of fisheries for data
3 collection and management and conservation of recreational saltwater fish species.
4 * * *
5 (16)(a) The monies in the Saltwater Fish Research and Conservation
6 Fund shall be used solely for the administration and conducting of the
7 Louisiana Recreational Creel Survey (LACREEL) and the Recreational
8 Offshore Landing Permit program (ROLP).
9 (b) The monies allocated to the programs described in Subparagraph (a)
10 of this Paragraph shall not be used on or for any of the following purposes:
11 (i) To create any exempted fishing permit program or pilot program as
12 recognized and granted by the United States Department of Commerce through
13 the National Oceanic and Atmospheric Administration - National Marine
14 Fisheries Service, that establishes a limited access or entry program for licensed
15 fishermen, either voluntarily or required, fishing in territorial waters, including
16 the boundary from the shoreline to a distance nine miles into the Gulf of
17 Mexico, as established by federal law.
18 (ii) To create limited entry programs, including but not limited to
19 lotteries, established for any of the following:
20 (aa) The issuance of fish harvest tags.
21 (bb) The issuance of fish harvest tags on a "first-come, first-served
22 basis" for more than eighty percent of the total allowable catch of an individual
23 species of fish.
24 (cc) The limitation of the days at sea that further restrict access to a
25 number of days that differs from seasons established for all licensed fishermen
26 by the department or the Gulf of Mexico Fishery Management Council.
27 (dd) The creation of fisheries unit efforts or effort units or any other
28 program that limits access for licensed fishermen to fish other than the
29 beginning and end dates of established seasons as determined by the secretary
30 in consultation with the commission or seasons set by the Gulf of Mexico
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 207 ENROLLED
1 Fishery Management Council.
2 (ee) The creation or enforcement of any individual fishing quota or
3 individual transferrable quota systems for licensed fishermen, licensed charter
4 boat fishing guides, and federally permitted licensed charter boat operations in
5 which vessels used in that operation are registered in the state.
6 (ff) The establishment of any mandatory reporting programs by licensed
7 fishermen, including required advanced notification of any department
8 personnel prior to commencement of a fishing trip by licensed fishermen.
9 (gg) The creation of any mandatory reporting program in which licensed
10 fishermen are required to report their catch immediately upon returning to
11 port after fishing unless during a dockside intercept conducted by department
12 personnel conducting dockside intercept surveys on behalf of LACREEL or
13 ROLP.
14 (c) If the department violates Subparagraph (b) of this Paragraph, the
15 treasurer shall not release any more monies credited to the Saltwater Fish
16 Research and Conservation Fund to the department, until such time as the
17 department ceases its violation.
18 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.