SLS 18RS-332 REENGROSSED
2018 Regular Session
SENATE BILL NO. 327
BY SENATOR LAMBERT
FISH/FISHING. Provides possession limits of certain species of fish caught in saltwater
areas of the state. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 56:325(B)(4) and 325.1(C)(1) and (2)(a) and (c) and to enact
3 R.S. 56:325.1(A)(4), relative to possession limits for recreational fishing; to remove
4 a sunset provision for possession limits for largemouth bass and spotted bass taken
5 in saltwater areas of the state; to provide for a possession limit for red drum and
6 spotted sea trout taken in saltwater areas of the state; to provide for violations of
7 certain possession limits; to provide for certain fines; to provide terms, conditions,
8 and requirements; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 56:325(B)(4) and 325.1(C)(1) and (2)(a) and (c) are hereby amended
11 and reenacted and R.S. 56:325.1(A)(4) is hereby enacted to read as follows:
12 §325. Daily take, possession, and size limits; freshwater recreational fish; possession
13 of finfish filets prohibited
14 B. * * *
15 (4) The possession limit for largemouth bass (Micropterus salmoides) and
16 spotted bass (Micropterus punctulatus) taken south of U.S. Highway 90 shall be
17 three times the daily take limit when the fisherman holds and is in possession of a
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Coding: Words which are struck through are deletions from existing law;
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1 current valid recreational fishing license and can show a landing receipt from a
2 public boat launch located south of U.S. Highway 90 that demonstrates to the
3 satisfaction of the department that the fisherman has been actively on the water or
4 at a remote camp that can be accessed only by water for two days or more. Such The
5 fish shall be kept whole or whole gutted in separate bags for each species of fish and
6 date taken and which. The bags shall be marked with the date the fish were taken,
7 the species, and the number of fish contained in the bag, and the name and license
8 number of the person taking the fish. The fish shall only be in the possession of the
9 person who took the fish. However, no fisherman shall be actively fishing or
10 engaged in fishing while in possession of more than the daily take limit. The
11 provisions of this Paragraph shall be null and void and of no effect beginning July
12 1, 2016, and thereafter.
13 * * *
14 §325.1. Size and possession limits, recreational saltwater finfish; penalties
15 A. * * *
16 (4) The possession limit for red drum and spotted sea trout taken south
17 of U.S. Highway 90 shall be three times the daily take limit when the fisherman
18 holds and is in possession of a valid recreational fishing license and can show a
19 landing receipt from a public boat launch located south of U.S. Highway 90 that
20 demonstrates to the satisfaction of the department that the fisherman has been
21 actively on the water or at a remote camp that can be accessed only by water for
22 two days or more. The fish shall be kept whole or whole gutted in separate bags
23 for each species of fish. The bags shall be marked with the date the fish were
24 taken, the species, the number of fish contained in the bag, and the name and
25 license number of the person taking the fish. The fish shall only be in the
26 possession of the person who took the fish. However, no fisherman shall be
27 actively fishing or engaged in fishing while in possession of more than the daily
28 take limit.
29 * * *
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Coding: Words which are struck through are deletions from existing law;
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1 C.(1) Violation of this Section constitutes a class two violation. However,
2 if the take or possession limit as provided in Paragraph A(2)(a) or (b) or (3)
3 Subparagraphs (A)(2)(a) or (b) or Paragraphs (A)(3) or (4) of this Section or any
4 such take or possession limit set by the commission is exceeded by one hundred
5 percent or more the violation shall be a class four violation.
6 (2) In addition to the penalties provided in Paragraph (1) of this Subsection,
7 the following penalties shall apply:
8 (a) Violation of Paragraph A(2)(a) or (3) Subparagraph (A)(2)(a) or
9 Paragraphs (A)(3) or (4) of this Section for red drum or Paragraph B(1) (B)(1) of
10 this Section shall be punishable by a fine of twenty-five dollars per fish under
11 sixteen inches in total length or over the limit of five, or in violation of such
12 minimum size and take and possession limits as may be established by the
13 commission.
14 * * *
15 (c) Violation of Paragraph A(2)(b) or (3) Subparagraph (A)(2)(b) or
16 Paragraphs (A)(3) or (4) of this Section for spotted sea trout or Paragraph B(B)(3)
17 of this Section shall be punishable by a fine of twenty-five dollars per fish under
18 twelve inches in total length or over the limit of twenty-five or in violation of such
19 minimum size and take and possession limits as may be established by the
20 commission.
21 * * *
22 Section 2. This Act shall become effective upon signature by the governor or, if not
23 signed by the governor, upon expiration of the time for bills to become law without signature
24 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
25 vetoed by the governor and subsequently approved by the legislature, this Act shall become
26 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
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The original instrument was prepared by McHenry Lee. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
DIGEST
SB 327 Reengrossed 2018 Regular Session Lambert
Present law authorizes the possession limit of three times the daily take limit for largemouth
bass and spotted bass taken south of U.S. Hwy. 90. The fisherman must hold and be in
possession of a valid recreational fishing license and show a landing receipt from a public
boat launch that demonstrates that the fisherman was actively on the water or at a remote
camp two days or more. Requires the fish to be kept in separate bags for each species of fish
and requires that the bags be marked with the date the fish were taken, the species, the
number of fish contained in the bag, and the name and license number of the person who
took the fish. Provides that the fish be in the possession of the person who took the fish.
Provides that the increased possession limit be null and void beginning July 1, 2016.
Proposed law retains present law but repeals the sunset provision of July 1, 2016.
Proposed law authorizes the possession limit of three times the daily take limit for red drum
and spotted sea trout taken south of U.S. Hwy. 90. The fisherman must hold and be in
possession of a valid recreational fishing license and show a landing receipt from a public
boat launch that demonstrates that the fisherman was actively on the water or at a remote
camp two days or more. Requires the fish to be kept in separate bags for each species of fish
and requires that the bags be marked with the date the fish were taken, the species, the
number of fish contained in the bag, and the name and license number of the person who
took the fish. Provides that the fish be in the possession of the person who took the fish.
Present law provides that violations of saltwater recreational finfish possession limits
constitute a class two violation but will be a class four violation if the possession limit is
exceeded by 100%.
Proposed law provides that the possession limits set by proposed law for red drum and
spotted sea trout south of U.S. Hwy. 90 can be classified as a class four violation if they are
exceeded by 100%.
Present law provides that the punishment for violation of the size and possession limit for
red drum is $25 per fish under 16-inches in length or over the limit of five or in violation of
limits established by the commission.
Proposed law includes the same punishment for violations of the limits set for red drum
south of U.S. Hwy. 90 set by proposed law.
Present law provides that the punishment for spotted sea trout is punishable by a fine of $25
per fish under twelve inches in total length or over the limit of 25 or in violation of limits
established by the commission.
Proposed law includes the same punishment for violations of limits for spotted sea trout
south of U.S. Hwy. 90 set by proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 56:325(B)(4) and 325.1(C)(1) and (2)(a) and (c); adds R.S. 56:325.1(A)(4))
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Summary of Amendments Adopted by Senate
Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical amendment.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.