Louisiana 2023 2023 Regular Session

Louisiana Senate Bill SCR46 Introduced / Bill

                    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
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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
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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.
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