Louisiana 2018 2018 Regular Session

Louisiana House Bill HB130 Introduced / Bill

                    HLS 18RS-377	ORIGINAL
2018 Regular Session
HOUSE BILL NO. 130
BY REPRESENTATIVE SCHEXNAYDER
WILDLIFE/MGT AREAS:  Provides for the establishment of airboat trails on wildlife
management areas
1	AN ACT
2To amend and reenact R.S. 56:109.1, relative to use of vehicles on wildlife management
3 areas; to provide for the operation of airboats; to provide for the establishment of
4 airboat trails; to provide for requirements; to provide for rules and regulations; to
5 provide for penalties; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 56:109.1 is hereby amended and reenacted to read as follows:
8 ยง109.1.  Use of all-terrain vehicle trails and airboat trails on wildlife management
9	areas
10	A.  The department shall keep at least one all-terrain vehicle trail on each
11 department-owned wildlife management area that has such a trail open throughout
12 the year.  The department may temporarily close the year-round trail if weather or
13 other conditions render the use of the trail a public safety or an environmental
14 hazard.  Access to the year-round trail shall be granted for use by all-terrain vehicles,
15 motorcycles, horses, and bicycles, under rules and regulations promulgated under the
16 Administrative Procedure Act.  Persons using the year-round all-terrain vehicle trails
17 shall possess a WMA permit.
18	B.  Use of airboats on wildlife management areas shall be limited to airboat
19 trails.  Such trails shall be established by rules and regulations promulgated by the
20 commission, pursuant to the Administrative Procedure Act, on every wildlife
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HB NO. 130
1 management area where airboat operation is feasible and in a manner to best protect
2 public safety and wildlife resources and habitats.  An airboat trail shall only be
3 established on trails or rights of way existing as of February 1, 2018.  Such rules and
4 regulations shall also provide for the following purposes:
5	(1)  Require the exhaust of any internal combustion engine used on any
6 airboat operated on airboat trails be equipped with an automotive-style factory
7 muffler, underwater exhaust, or other manufactured device capable of adequately
8 muffling the sound of the exhaust of the engine.
9	(2)  Limit the size of the internal combustion engine of any airboat operated
10 on airboat trails to no greater than three hundred fifty-one cubic inches.
11	(3)  Require every person using an airboat trail to possess a WMA permit, to
12 notify the department annually of the airboat's registration number, and to make such
13 airboat available for inspection by department personnel.
14	C.  A violation of the provisions of the Section, or rules and regulations
15 promulgated pursuant thereto, shall constitute a class one violation.  Additionally,
16 any person violating the provisions of Subsection B of this Section, or any rule or
17 regulation promulgated pursuant to those provisions, three times within ten years
18 shall be prohibited from operating an airboat on any wildlife management area.
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 130 Original 2018 Regular Session	Schexnayder
Abstract:  Authorizes the Wildlife and Fisheries Commission to establish airboat trails on
wildlife management areas.
Proposed law limits the use of airboats on wildlife management areas to airboat trails
established by the Wildlife and Fisheries Commission.  Further provides that the trails be
established by rules and regulations promulgated in accordance with the APA on every
wildlife management area where airboat operation is feasible and in a manner to best protect
public safety and wildlife resources and habitats.
Proposed law limits airboat trails to trails or rights of way existing as of Feb. 1, 2018.
Proposed law provides that such rules and regulations require mufflers and limitations on
the engine size on airboats and requires the operator to possess a WMA permit, to annually
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 130
notify the Dept. of Wildlife and Fisheries of the airboat's registration number, and to make
the airboat available for inspection.
Proposed law prohibits any person from operating an airboat on any wildlife management
area if that person violates proposed law or any rule or regulation promulgated pursuant to
proposed law, three times within 10 years.
Present law requires the Dept. of Wildlife and Fisheries to keep at least one all-terrain
vehicle trail open throughout the year at each wildlife management area that has all-terrain
vehicle trails.  Specifies that any violation of the provisions in present law is a class one
violation.
Proposed law retains present law and specifies that violations of proposed law are also class
one violations.
(Amends R.S. 56:109.1)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.