Louisiana 2024 2024 Regular Session

Louisiana House Bill HB661 Introduced / Bill

                    HLS 24RS-807	ORIGINAL
2024 Regular Session
HOUSE BILL NO. 661
BY REPRESENTATIVE BRYANT
FISHING/COMMERCIAL:  Provides relative to charter boat fishing guide licensing
1	AN ACT
2To amend and reenact R.S. 56:302.9(A)(1)(b) and (3) and (J)(1), relative to charter boat
3 fishing guides; to require that freshwater charter boat fishing guides obtain a United
4 States Coast Guard captain's license; to remove the requirement that the Department
5 of Wildlife and Fisheries provide information about federal law to freshwater charter
6 boat fishing guides; to provide for penalties; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 56:302.9(A)(1)(b) and (3) and (J)(1) are hereby amended and
9reenacted to read as follows:
10 ยง302.9.  Charter boat fishing guide license; nonresident fee
11	A.(1)
12	*          *          *
13	(b)  No person shall act as or represent himself to be a freshwater charter boat
14 fishing guide unless that person possesses a valid state charter boat fishing guide
15 license, a valid captain's license issued by the United States Coast Guard, proof of
16 liability insurance, and a valid state recreational fishing license that grants fishing
17 privileges appropriate for his charter activity.  In addition, any person acting as a
18 freshwater charter boat fishing guide who is in charge of the operation of a vessel
19 shall have his required licenses and proof of liability insurance on his person while
20 on the water.  It shall not be a violation of this Section for a person to represent
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HB NO. 661
1 himself as a charter boat fishing guide if that person held a valid license during the
2 previous thirty days but has not renewed the license.  The department shall provide
3 written notification to the holder of a license issued pursuant to this Subparagraph
4 that the holder may be subject to other requirements of law, including holding a valid
5 captain's license issued by the United States Coast Guard.
6	*          *          *
7	(3)  The nonresident charter boat fishing guide license shall be available only
8 from the Baton Rouge office of the Department of Wildlife and Fisheries.  Such
9 licenses shall be issued on a consignment basis, and no agent fees shall apply.  A
10 nonresident saltwater charter boat fishing guide license shall be made available only
11 to those persons who possess a valid captain's license issued by the United States
12 Coast Guard.
13	*          *          *
14	J.(1)  In addition to any other penalty provided for in the Section, for any
15 person convicted of a first offense of violating Subsection A or B of this Section, the
16 offender shall pay a fine of no less than one thousand dollars to the Department of
17 Wildlife and Fisheries.  For for any person convicted of a second offense of violating
18 Subsection A or B of this Section, the offender may only operate a vessel that
19 employs a vessel monitoring system for the three years after the date of the
20 conviction.  For any person convicted of a third or subsequent offense of violating
21 Subsection A or B of this Section, the offender may only operate a vessel that
22 employs a vessel monitoring system for ten years after the date of the conviction.
23	*          *          *
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 661 Original 2024 Regular Session	Bryant
Abstract:  Requires freshwater charter boat fishing guides to have a United States Coast
Guard captain's license in addition to the state charter boat fishing guide license and
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HB NO. 661
establishes a fine for a first offense violation of charter fishing licensing
requirements.
Present law requires charter boat fishing guides to have a charter boat fishing guide license.
Present law further requires that saltwater charter boat fishing guides also have a U.S. Coast
Guard captain's license and that the Dept. of Wildlife and Fisheries provided written notice
to freshwater charter boat fishing guides that they may be subject to other legal
requirements, including holding a U.S. Coast Guard captain's license.
Proposed law requires freshwater charter boat fishing guides to also have a U.S. Coast Guard
captain's license and removes the requirement that the Dept. of Wildlife and Fisheries
provide them written notice of the requirement.
Present law provides that a person violating the license requirements for charter fishing for
a second time will only be allowed to operate a vessel with a monitoring system for three
years, and for a third time will only be allowed to operate a vessel with a monitoring system
for 10 years.
Proposed law adds that the penalty for a first offense violation of the charter fishing
licensing requirements is a fine of up to $1000.
(Amends R.S. 56:302.9(A)(1)(b) and (3) and (J)(1))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.