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.
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.
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.