SLS 23RS-1372 ORIGINAL 2023 Regular Session SENATE CONCURRENT RESOL UTION NO. 46 BY SENATOR ALLAIN FISH/FISHING. Urges and requests the Louisiana Wildlife and Fisheries Commission promulgate rules and regulations providing for red drum. 1 A CONCURRENT RESOL UTION 2 To urge and request the Louisiana Wildlife and Fisheries Commission to adopt a rule, in 3 accordance with the Administrative Procedure Act, that prohibits taking any red 4 drum over twenty-seven inches total length when measured with the mouth closed; 5 and to provide for civil restitution for the killing of any red drum over 27 inches. 6 WHEREAS, Louisiana is known both nationally and internationally as the 7 sportsman's paradise, and the people of this state take great pride in the abundant fish and 8 game available for the enjoyment of citizens and visitors alike; and 9 WHEREAS, red drum, commonly referred to as red fish, is one of the most 10 commonly caught and sought after species of recreational saltwater sport fish; and 11 WHEREAS, according to the latest stock assessment, the spawning stock of red drum 12 is being depleted at a rate that requires management changes to protect future stock; and 13 WHEREAS, it is in the best interests of the state of Louisiana to conserve and 14 promote wise stewardship of our renewable fish and wildlife resources and their supporting 15 habitats through replenishment, protection, enhancement, research, development, and 16 education for the social and economic benefit of current and future generations, while also 17 striving to provide opportunities for, and to encourage the use and enjoyment of, these 18 resources in a safe and healthy environment on both land and water; and Page 1 of 3 SCR NO. 46 SLS 23RS-1372 ORIGINAL 1 WHEREAS, the Louisiana Wildlife and Fisheries Commission operates as a policy- 2 making board, among other authorities, and is charged with the control and supervision of 3 the wildlife of the state, including all aquatic life; and 4 WHEREAS, R.S. 56:325.1(A)(1) provides that the Wildlife and Fisheries 5 Commission may set by rule, in accordance with the Administrative Procedure Act, daily 6 take, and possession, and size limits for saltwater finfish caught recreationally in Louisiana 7 territorial waters, based on biological and technical data; and 8 WHEREAS, in the absence of the commission adopting a rule, R.S. 56:325.1(B) 9 currently provides for a size slot limit for red drum with a sixteen inch minimum and a 10 twenty-seven inch maximum, but this statutory default limit allows for the possession of one 11 red drum above twenty-seven inches; and 12 WHEREAS, present rules and regulations provide civil restitution values are 13 calculated on replacement costs when those figures can be determined from a combination 14 of published American Fisheries Society hatchery values and other valuation guidelines, 15 though calculating the value on a market per-pound cost basis is a sound approach to 16 recouping the loss of an illegally taken red drum; and 17 WHEREAS, conservation and protection of red drum and other species of saltwater 18 fish for future generations of Louisianians to enjoy requires collaboration between the 19 legislature, the commission, and all fishermen. 20 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 21 urge and request the Louisiana Wildlife and Fisheries Commission to adopt a rule, in 22 accordance with the Administrative Procedure Act, that no person shall take, possess, or kill 23 any red drum over twenty-seven inches in total length when measured with the mouth 24 closed. 25 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge 26 and request the Louisiana Wildlife and Fisheries Commission to adopt, in accordance with 27 the Administrative Procedures Act, a progressive wildlife restitution fee schedule, 28 commensurate with the market rate per pound of red drum, which shall be imposed on any 29 person found to have taken any red drum in violation of any law or rule or regulation. 30 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Page 2 of 3 SCR NO. 46 SLS 23RS-1372 ORIGINAL 1 chair of the Louisiana Wildlife and Fisheries Commission. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jacob K. Wilson. DIGEST SCR 46 Original 2023 Regular Session Allain Requests the Louisiana Wildlife and Fisheries Commission to promulgate rules prohibiting taking, possessing, or killing any red drum over 27 inches in total length when measured with the mouth closed, and establishing a civil restitution fee commensurate with the market rate per pound of red drum. Page 3 of 3