HLS 21RS-969 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 655
BY REPRESENTATIVE BROWN
WILDLIFE/ENFORCEMENT: Provides for the removal of criminal penalties and
reclassify certain wildlife violations and provide for enforcement and recovery of
civil fines by the Department of Wildlife and Fisheries
1 AN ACT
2To amend and reenact R.S. 56:6.1(C), 31, 32, 45, 262(J), 316(C), 326(G), 326.5(C),
3 410.3(B), 412(B), 423(B)(2), 450(C), 571(D), and 1851(C), and to enact R.S.56:32.1,
4 303.2(D), 304.2(C), and 305.3(C), relative to wildlife violations; to remove criminal
5 penalties from certain Class 1, 2, and 3 wildlife violations; to reclassify certain
6 violations under Class 2 and 3; to establish administrative and civil procedures
7 relative to hearings and the recovery of civil penalties by the department; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 56:6.1(C), 31, 32, 45, 262(J), 316(C), 326(G), 326.5(C), 410.3(B),
11412(B), 423(B)(2), 450(C), 571(D), and 1851(C) are hereby amended and reenacted and
12R.S.56:32.1, 303.2(D), 304.2(C), and 305.3(C) are hereby enacted to read as follows:
13 §6.1. Emergency closure of hunting or fishing seasons; rules and regulations;
14 prohibitions; penalties
15 * * *
16 C. Violation of any closure order authorized by this Section constitutes a
17 class three 2-B violation.
18 * * *
19 §31. Class one violations
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1 The following penalties shall be imposed for a class one violation:
2 (1) For the first offense, a fine of fifty dollars or imprisonment for not more
3 than fifteen days, or both. The fine shall include all costs of court.
4 (2) For the second offense, a fine of not less than seventy-five dollars nor
5 more than two hundred fifty dollars or imprisonment for not less than thirty days nor
6 more than sixty days, or both.
7 (3) For the third offense and all subsequent offenses, a fine of not less than
8 two hundred dollars nor more than five hundred fifty dollars and imprisonment for
9 not less than thirty days nor more than ninety days.
10 * * *
11 §32. Class two violation
12 A. Class two violations shall be divided into 2-A and 2-B violations.
13 (1) The following penalties shall be imposed for a class two 2-A violation:
14 (1)(a) For the first offense, the fine shall be not less than one hundred dollars
15 nor more than three hundred fifty dollars, or imprisonment for not more than sixty
16 days, or both; .
17 (2)(b) For the second offense, the fine shall be not less than three hundred
18 dollars, nor more than five hundred fifty dollars, and imprisonment for not less than
19 thirty days nor more than sixty days; .
20 (3)(c) For the third offense and all subsequent offenses, the fine shall be not
21 less than five hundred dollars nor more than seven hundred fifty dollars, and
22 imprisonment for not less than sixty days nor more than ninety days, and forfeiture
23 to the commission of anything seized in connection with the violation.
24 (2) The following penalties shall be imposed for a class 2-B violation:
25 (a) For the first offense, the fine shall be not less than two hundred fifty
26 dollars nor more than five hundred dollars.
27 (b) For the second offense, the fine shall be not less than five hundred
28 dollars, nor more than eight hundred dollars, and forfeiture to the commission of
29 anything seized in connection with the violation.
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1 (c) For the third offense and all subsequent offenses, the fine shall be not less
2 than seven hundred fifty dollars, nor more than one thousand dollars, and forfeiture
3 to the commission of anything seized in connection with the violation.
4 (d) In addition to any other penalty, for a second or subsequent violation of
5 the same provision of law, the penalty imposed may include revocation of the permit
6 or license under which the violation occurred for the period for which it was issued
7 and barring of the issuance of another permit or license for that same period.
8 §32.1. Civil suit for recovery of value
9 A. The department is authorized to bring a civil action to recover the
10 penalties established by R.S. 56:31 and R.S. 56:32 in this Subpart.
11 B. The department may elect to enforce the provisions of R.S. 56:31 and R.S.
12 56:32 by adjudicatory hearing held in accordance with the provisions of the
13 Administrative Procedures Act. The department shall hold the adjudicatory hearing
14 in the regional office for the parish where the defendant is domiciled or where the
15 violation occurred. The defendant may waive the adjudicatory hearing upon payment
16 of the fine.
17 C.(1) In any case where the department elects to proceed by adjudicatory
18 hearing, the defendant shall be notified in writing of the time and place set for the
19 hearing. Written notice of the time and place of the hearing may be given on any
20 citation or summons issued in connection with the violation or made by certified
21 letter mailed to the defendant at his last known address or at the address that appears
22 on any hunting or fishing license issued to him by the department. The summons or
23 written notice shall constitute notice to the defendant that the failure to appear at the
24 specified time and location shall result in the assessment of civil penalties and the
25 loss of all hunting and fishing privileges while assessed amounts remain unpaid.
26 Notice given by certified mail in accordance with this Subsection shall be deemed
27 effective fifteen days after the notice is postmarked and mailed.
28 (2). Either party may appeal from a ruling of the administrative hearing
29 officer to the district court in the judicial district where the offense occurred.
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1 (3). Once all appeals deadlines have expired, a ruling of the administrative
2 law judge shall be considered final for the purposes of debt recovery or collection.
3 (D). Except for first offenses of class one violations, the person against
4 whom the civil penalties are assessed shall also be liable for attorney fees and all
5 costs of the adjudicatory hearing.
6 (E). Any recovery of civil penalties shall be immediately deposited to the
7 Conservation Fund of the Department of Wildlife and Fisheries.
8 * * *
9 §45. Jurisdiction of trial of violations
10 Except as provided in R.S. 56:32.1, the The district courts of this state shall
11 have original jurisdiction of the trial of persons charged with violations of this
12 Chapter.
13 * * *
14 §262. Nongame quadrupeds; breeding, propagation, and exhibition
15 * * *
16 J. Violation of this Section constitutes a class three 2-B violation.
17 * * *
18 §303.2. License possession; menhaden
19 * * *
20 D. Violation of any of the provisions of this Section constitutes a class 2-B
21 violation.
22 * * *
23 §304.2. Operation by person not holding a commercial fisherman's license
24 * * *
25 C. Violation of any of the provisions in this Section constitutes a class 2-B
26 violation.
27 * * *
28 §305.3. Temporary transfer of commercial gear licenses
29 * * *
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1 C. Violation of any of the provisions in this Section constitutes a class 2-B
2 violation.
3 * * *
4 §316. Trespass on areas set aside for propagation of fish
5 * * *
6 C. Violation of any of the provisions of this Section constitutes a class three
7 2-B violation.
8 * * *
9 §326. Size and possession limits; commercial fish
10 * * *
11 G. Violation of any provision of this Section for which no penalty has been
12 specifically provided constitutes a class three 2-B violation.
13 * * *
14 §326.5. Bowfin; size limitations; eggs
15 * * *
16 C. Violation of this Section constitutes a class three 2-B violation.
17 * * *
18 §410.3. Sabine Lake; taking of crabs; seasons; gear; penalties
19 * * *
20 B. Violation of any rule or regulation adopted and promulgated by the
21 commission in accordance with the provisions of Subsection A of this Section
22 constitutes a class three 2-B violation.
23 * * *
24 §412. Issuance and renewal of domesticated aquatic organism license
25 * * *
26 B. Violation of any of the provisions of this Section constitutes a class three
27 2-B violation.
28 * * *
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1 §423. Property rights, larceny or other public offense concerning; leases heritable
2 and transferable; adjudication of claims
3 * * *
4 B.
5 * * *
6 (2) No person shall trawl or seine or use skimmer nets over any area of
7 privately leased bedding grounds or oyster propagating place in the year immediately
8 following the seeding of such area which is staked off, marked, or posted as required
9 by law or regulation. Any person who knowingly trawls or uses skimmer nets upon
10 such marked areas shall be liable for damages caused to the lessee. A violation of
11 this Paragraph shall be a class three 2-B violation.
12 * * *
13 §450. Freshwater mussels; rules; penalties
14 * * *
15 C. Any violation of rules pertaining to the harvest and sale of freshwater
16 mussels shall constitute a class four violation, R.S. 56:34. Any violation of harvest
17 reporting requirements shall constitute a class three 2-B violation, R.S. 56:33. R.S.
18 56:32(A)(2).
19 * * *
20 §571. Underutilized species, policy and purpose; permits; fees; rules and regulations
21 * * *
22 D. Violation of any of the provisions of this Section constitutes a class three
23 2-B violation.
24 * * *
25 §1851. Penalties and enforcement
26 * * *
27 C. Unless otherwise provided by this Part, intentional violation of the
28 provisions of this Part constitutes a class three 2-B violation, subject to the penalties
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1 provided in R.S. 56:33; however, there shall be no forfeiture of anything seized in
2 connection with the violation.
3 * * *
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 655 Original 2021 Regular Session Brown
Abstract: Removes criminal penalties from certain Class 1, 2, and 3 wildlife violations,
reclassifies violations under Classes 2 and 3, and provides procedures for the
enforcement and recovery of the remaining civil penalties.
Present law provides for wildlife and fisheries violations and penalties for same under a
classification system where the penalties for Class 1 violations include fines and
imprisonment and the penalties for Class 2 violations include fines, imprisonment, and
forfeiture of property seized in connection with the violation.
Proposed law removes the criminal penalties from all Class 1 and Class 2 violations.
roposed law further divides Class 2 violations into Class 2-A and Class 2-B violations,
provides that penalties for Class 2-A violations include civil fines, and penalties for a Class
2-B violation include civil fines, forfeiture, and the revocation of privileges granted by the
Dept. of Wildlife and Fisheries.
Under present law, the penalties for Class 3 violations include fines, imprisonment,
forfeiture of seized property, and revocation of privileges granted by the department. The
following are Class 3 violations under present law:
(1)Violation of an emergency closure of hunting or fishing seasons
(2)Nongame quadrupeds; breeding, propagation, and exhibition
(3)Trespass on areas set aside for propagation of fish
(4)Size and possession limits; commercial fish
(5)Bowfin; size limitations; eggs
(6)Sabine Lake; taking of crabs
(7)Domesticated aquatic organism license violation
(8)Larceny or other public offense concerning oyster leases
(9)Freshwater mussels harvest reporting violation
(10)Underutilized species violations
(11)Any other intentional violation of wildlife and fisheries laws
Proposed law reclassifies these violations as Class 2-B violations, which are not subject to
criminal penalties under present law.
Proposed law further provides for new classification of the following violations as Class 2-B
violations:
(1)License possession; menhaden
(2)Operation of a commercial fishing vessel without a license
(3)Temporary transfer of commercial gear licenses
Present law requires that trials regarding wildlife violations be heard in district courts of the
state, which have original jurisdiction. Proposed law authorizes the department to bring civil
or administrative proceedings for the recover of penalties assessed for wildlife violations and
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provides for venue, notice and hearing procedures, appeals, and final judgment, attorneys
fees, an dedication of penalties recovered.
(Amends R.S. 56:6.1(C), 31, 32, 45, 262(J), 316(C), 326(G), 326.5(C), 410.3(B), 412(B),
423(B)(2), 450(C), 571(D), and 1851(C); Adds R.S.56:32.1, 303.2(D), 304.2(C), and
305.3(C))
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are additions.