HLS 19RS-147 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 355
BY REPRESENTATIVE GISCLAIR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FISHING/CRABS: Prohibits the taking of immature female crabs and provides for
enhanced penalties for certain crab fishing violations
1 AN ACT
2To amend and reenact R.S. 56:332(B), (F), and (H), relative to crab fishing; to prohibit the
3 taking of immature female crabs; to provide for enhanced penalties for certain class
4 four crab fishing violations; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 56:332(B), (F), and (H) are hereby amended and reenacted to read
7as follows:
8 ยง332. Crabs; release of immature female crabs and crabs in berry stage; method of
9 taking crabs; time limitations; by-catch; penalties, abandoned crab trap
10 removal program; escape rings
11 * * *
12 B.(1) No person shall keep or sell immature female crabs or adult female
13 crabs in berry stage, that is, when they the adult females are carrying the eggs or
14 young attached to the abdomen. All immature female crabs and crabs in berry stage
15 taken by any means shall be returned immediately to the waters, unless the immature
16 female crabs are in the premolt stage and are being held for processing as soft shell
17 crabs or being sold to a processor for the producing of soft shell crabs. However, a
18 legally licensed commercial crab fisherman may have in his workbox an incidental
19 take of immature female crabs in an amount not to exceed five percent or crabs in
20 berry stage in an amount equal to not more than two percent of the total number of
21 crabs in his possession.
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1 (2) To determine whether the total number of crabs in possession violates
2 this Subsection, the enforcement agent shall take a random sample of fifty crabs
3 from each crate or group of crabs equivalent to one crate. If more than five percent
4 of the crabs in that fifty crab random sample are immature female crabs or adult
5 crabs in berry stage, the entire number of crabs in that crate or group of crabs
6 equivalent to one crate shall be considered to be in violation.
7 (3) Crabs in a work box, as defined in R.S. 56:8, shall not be subject to the
8 immature female or adult berry stage restriction while the crabs are held aboard the
9 vessel and the fisherman is actively fishing.
10 * * *
11 F.(1) Notwithstanding any other law to the contrary, theft Theft of a crab trap
12 or crabs from within a crab trap shall be prohibited and shall constitute a class 4 four
13 violation punishable as provided in R.S. 56:34.
14 (2) In addition to all other penalties provided in this Subsection, for the first
15 violation of this Subsection, the department shall suspend or revoke the violator's
16 crab trap gear license for a period of one year from the date of the conviction and no
17 new crab trap gear license shall be issued to the violator during the period of
18 suspension or revocation. During the period in which the violator's license is
19 suspended or revoked, the violator may be present on a vessel commercially
20 harvesting or processing crabs only if that vessel is equipped with and is actively
21 using a vessel monitoring system accessible to the department as prescribed in R.S.
22 56:424.1(B). In addition, the violator shall be sentenced to perform no less than
23 forty hours of community service. If available, the hours shall be served removing
24 abandoned crab traps as a part of the derelict crab trap removal program or in a litter
25 abatement community service program.
26 (3) In addition to all other penalties provided in this Subsection, for a second
27 violation of this Subsection, the department shall suspend or revoke the violator's
28 crab trap gear license for a period of three years from the date of the conviction and
29 no new crab trap gear license shall be issued to the violator during the period of
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1 suspension or revocation. During the period in which the violator's license is
2 suspended or revoked, the violator may be present on a vessel commercially
3 harvesting or processing crabs only if that vessel is equipped with and is actively
4 using a vessel monitoring system accessible to the department as prescribed in R.S.
5 56:424.1(B). In addition, the violator shall be sentenced to perform no less than
6 ninety hours of community service. If available, the hours shall be served removing
7 abandoned crab traps as a part of the derelict crab trap removal program or in a litter
8 abatement community service program.
9 (4) In addition to the other penalties provided in this Subsection, for a third
10 or subsequent violation of this Subsection, the violator's crab trap gear license shall
11 be suspended or revoked for a period of ten years from the date of the conviction and
12 no new crab trap gear license shall be issued to the violator during the period of
13 suspension or revocation. During the period in which the violator's license is
14 suspended or revoked, the violator shall not be present on a vessel commercially
15 harvesting or processing crabs. In addition, the violator shall be sentenced to
16 perform no less than one hundred twenty hours of community service. If available,
17 the hours shall be served removing abandoned crab traps as a part of the derelict crab
18 trap removal program or in a litter abatement community service program.
19 * * *
20 H.(1) Violation of any provision of this Section constitutes a class four
21 violation, except as otherwise provided herein in this Section and specifically as
22 provided in Subsection F of this Section.
23 (2) In addition to the penalties associated with a class four violation under
24 the provisions of R.S. 56:34, for the first conviction of a class four violation of this
25 Section, the court shall also sentence the violator to perform forty hours of
26 community service. If available, the hours shall be served removing abandoned crab
27 traps as a part of a derelict crab trap removal program or in a community service
28 litter abatement program.
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1 (3) In addition to the penalties associated with a class four violation under
2 the provisions of R.S. 56:34, for the second conviction of a class four violation of
3 this Section, the court shall revoke or suspend the violator's crab trap gear license for
4 one year from the date of the conviction and no new crab trap gear license shall be
5 issued to the violator during the period of suspension or revocation. During such
6 revocation or suspension, the violator may be present on a vessel harvesting or
7 possessing crabs only if the vessel is equipped with and is actively using a vessel
8 monitoring system accessible to the Department of Wildlife and Fisheries as
9 prescribed in R.S. 56:424.1(B). The court shall also sentence the violator to perform
10 forty hours of community service. If available, the hours shall be served removing
11 abandoned crab traps as a part of a derelict crab trap removal program or in a
12 community service litter abatement program.
13 (4) For a third conviction of a class four violation of this Section, the court
14 shall revoke or suspend the violator's crab trap gear license for three years from the
15 date of the third conviction and no new crab trap gear license shall be issued to the
16 violator during the period of suspension or revocation. During such revocation or
17 suspension, the violator may be present on a vessel harvesting or possessing crabs
18 only if the vessel is equipped with and is actively using an operating vessel
19 monitoring system as described in R.S. 56:424.1(B) that is accessible to the
20 Department of Wildlife and Fisheries. In addition, the court shall sentence the
21 violator to perform no less than ninety hours of community service. If available, the
22 hours shall be served removing abandoned crab traps as a part of a derelict crab trap
23 removal program or in a community service litter abatement program.
24 (5) For a fourth or subsequent conviction of a class four violation of this
25 Section, the court shall revoke or suspend the violator's crab trap gear license for ten
26 years from the date of the last conviction and no new crab trap gear license shall be
27 issued to the violator during the period of suspension or revocation. During such
28 revocation or suspension, the violator may be present on a vessel harvesting or
29 possessing crabs only if the vessel is equipped with and is actively using an operating
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1 vessel monitoring system as described in R.S. 56:424.1(B) that is accessible to the
2 Department of Wildlife and Fisheries. In addition, the court shall sentence the
3 violator to perform no less than one hundred twenty hours of community service. If
4 available, the hours shall be served removing abandoned crab traps as a part of a
5 derelict crab trap removal program or in a community service litter abatement
6 program.
7 * * *
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 355 Reengrossed 2019 Regular Session Gisclair
Abstract: Prohibits the taking of immature female crabs and provides for enhanced
penalties for certain crab fishing violations.
Present law prohibits the taking of adult crabs in the berry stage. Proposed law also
prohibits the taking of immature female crabs.
Present law allows an incidental take of crabs in berry stage of not more than two percent.
Proposed law limits the incidental take of immature female crabs to not more than five
percent.
Present law provides that most crab fishing violations are class four violations punishable
as follows:
1st offense between $400 & $950 or imprisonment for more than 120 days, or
both.
2nd offense between $750 & $999& imprisonment between 90 and 180 days.
3rd offense or more between
$1,000 & $5,000 & imprisonment between 180 days and 2
years.
Provides forfeiture of anything seized in connection with the violation.
Proposed law adds to the class four punishments the following enhancements for theft of
crab traps or crabs from within a trap:
1st offense:Suspension of crab trap gear license for one year; 40 hours community
service; mandatory use of an approved vessel monitoring system (VMS) on
any vessel used by the violator for the one-year suspension period.
2nd offense:Suspension of crab trap gear license for three years; 90 hours community
service; mandatory use of an approved VMS on any vessel used by the
violator for the three-year suspension period.
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3rd offense:Suspension of crab trap gear license for 10 years; 120 hours community service;
prohibited from being on a vessel fishing for crabs for duration of the
suspension.
Proposed law adds to the class four punishments the following enhancements for violations
other than theft of crab traps or crabs from within a trap:
1st offense:Performance of 40 hours of community service preferably in litter abatement
or removal of derelict crab traps.
2nd offense:Suspension of crab trap gear license for one year; 40 hours community
service preferably in litter abatement or removal of derelict crab traps;
mandatory use of an approved VMS on any vessel used by the violator for
the one-year suspension period.
3rd offense:Suspension of crab trap gear license for three years; 90 hours community
service preferably in litter abatement or removal of derelict crab traps;
mandatory use of an approved VMS on any vessel used by the violator for
the three-year suspension period.
4th offense:Suspension of crab trap gear license for 10 years; 120 hours community
service preferably in litter abatement or removal of derelict crab traps;
prohibited from being on a vessel fishing for crabs for duration of the
suspension.
(Amends R.S. 56:332(B), (F), and (H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Add the following enhancements to class four punishments for crab-related
violations other than theft of crab traps or crabs from within a trap:
1st offense:Performance of 40 hours of community service preferably in litter
abatement and mandatory use of an approved vessel monitoring system
(VMS) on any vessel used by the violator for a one-year period.
2nd offense:Suspension of crab trap gear license for one year; 40 hours community
service preferably in litter abatement; mandatory use of an approved
VMS on any vessel used by the violator for the one-year suspension
period.
3rd offense:Suspension of crab trap gear license for three years; 90 hours community
service preferably in litter abatement; mandatory use of an approved
VMS on any vessel used by the violator for the three-year suspension
period.
4th offense:Suspension of crab trap gear license for 10 years; 120 hours community
service preferably in litter abatement; mandatory use of an approved
VMS on any vessel used by the violator for the ten-year suspension
period.
The House Floor Amendments to the engrossed bill:
1. Add "removal of abandoned crab traps as a part of the derelict crab trap removal
program" to the litter removal option for the enhanced penalties.
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2. Remove the one-year VMS requirement on a first offense for other-than-theft
violations.
3 Limit incidental take of immature female crabs to 5% of the catch but retain the
present law incidental catch of 2% for berried crabs.
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