HLS 22RS-2016 ORIGINAL
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 55
BY REPRESENTATIVE ROBERT OWEN
FISHING/COMMERCIAL: Provides relative to charter fishing guides and commercial
fishing
1 A CONCURRENT RESOL UTION
2To amend the Louisiana Department of Natural Resources rule LAC 43:I.1501(B), which
3 provides for statutory authorization and definitions relative to the Fisherman's Gear
4 Compensation Fund; to include charter fishing guides in the definition of commercial
5 fishermen; to direct the office of the state register to print the amendments in the
6 Louisiana Administrative Code; and to provide for related matters.
7 WHEREAS, the Department of Natural Resources (DNR) regulates and administers
8the Fishermen's Gear Compensation Fund; and
9 WHEREAS, commercial fishermen are eligible to participate in the Fishermen's Gear
10Compensation Fund; and
11 WHEREAS, the Department of Wildlife and Fisheries (LDWF) provides for a
12certified endorsement for charter fishing guides who operate as commercial fishermen; and
13 WHEREAS, the DNR regulations do not currently reflect the LDWF certified
14endorsement for charter fishermen.
15 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
1643:I.1501(B) is hereby amended to read as follows:
17 ยง1501. Statutory Authorization and Definitions
18 * * *
19 B. Definitions. As used in these regulations the following terms and phrases
20 shall have the definition ascribed to them.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-2016 ORIGINAL
HCR NO. 55
1 Claimant - any vessel owner who files a claim under the provisions of these
2 regulations and R.S. 56:700.1-700.5.
3 Commercial Fisherman - any citizen of the state of Louisiana who possesses
4 a valid Louisiana residential commercial fishing license or a valid charter boat
5 fishing guide license as defined in R.S. 56:302.9 or a certified endorsement as
6 defined in R.S. 56:303 and who derives a primary source of his or her income from
7 the harvesting of living marine resources for commercial purposes.
8 Department - the Louisiana Department of Natural Resources and regulatory
9 authority means the secretary thereof and the personnel appointed or employed
10 thereby who administer the commercial Fishermen's Gear Compensation Fund.
11 Fishing Gear - any licensed marine vessel and any equipment, whether or not
12 attached to a vessel, in which are used in the handling or harvesting of commercial
13 marine resources. Crab traps are expressly excluded from the definition.
14 Fund - the Fisherman's Gear Compensation Fund.
15 Hearing Examiner - the person(s) employed or appointed by the regulatory
16 authority to conduct hearings, take oral and written testimony from claimants and
17 other witnesses, and make recommendations to the regulatory authority on the
18 validity and payment of claims.
19 Obstruction - any object, obstacle, equipment or device located in state water
20 within the geographical boundary of the fund, set forth in R.S. 49:214.24 whether
21 natural or manmade; provided that this definition shall not be applied to obstructions
22 floating on the surface which could be avoided by a reasonably prudent fisherman.
23 Primary Source of Income - that source of revenue earned by a claimant from
24 commercial fishing endeavors which is deemed by the regulatory authority to
25 constitute a fundamental source of such claimant's annual earned income. Annual
26 earned income shall be income earned from all sources reportable on state and
27 federal income tax returns. Any claimant who presents satisfactory proof that at
28 least 50 percent of his or her annual income in the year preceding the year of the
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-2016 ORIGINAL
HCR NO. 55
1 claim was earned from commercial fishing endeavors shall be deemed to derive a
2 primary source of his or her income therefrom.
3 Satisfactory Proof - as it relates to demonstrating a primary source of income,
4 a certified copy of state and federal income tax returns together with related financial
5 data. In the case of a claimant being a corporation, a certified copy of the state and
6 federal corporate tax return shall be submitted.
7 * * *
8 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
9office of the state register and the Louisiana Department of Natural Resources.
10 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
11to have the amendments to LAC 43:I.1501(B) printed and incorporated into the Louisiana
12Administrative Code.
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)]
HCR 55 Original 2022 Regular Session Robert Owen
Abstract: Includes charter fishing guides in the definition of "commercial fisherman".
Present LAC (43:I.1501(B)) defines "commercial fisherman", as it pertains to the
Fisherman's Gear Compensation Fund, as any citizen of the state of La. who possesses a
valid La. residential commercial fishing license and who derives a primary source of his or
her income from the harvesting of living marine resources for commercial purposes.
Proposed LAC (43:I.1501(B)) adds any citizen of La. who possesses a valid charter boat
fishing guide license as defined in R.S. 56:302.9 or a certified endorsement as defined in
R.S. 56:303 to the definition of "commercial fisherman" as it pertains to the Fisherman's
Gear Compensation Fund.
(Amends LAC 43:I.1501(B))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.