Louisiana 2024 2024 Regular Session

Louisiana House Bill HB661 Engrossed / Bill

                    HLS 24RS-807	ENGROSSED
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) and (2) and (J)(1), relative to charter boat fishing
3 guides; to require commercial marine insurance for charter boat fishing guides; to
4 provide for penalties; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 56:302.9(A)(1) and (2) and (J)(1) are hereby amended and reenacted
7to read as follows:
8 ยง302.9.  Charter boat fishing guide license; nonresident fee
9	A.(1)(a)  No person shall act as nor represent himself to be a saltwater charter
10 boat fishing guide unless that person possesses a valid state charter boat fishing
11 guide license, a valid captain's license issued by the United States Coast Guard, proof
12 of liability commercial marine insurance, and a valid state recreational fishing
13 license that grants fishing privileges appropriate for his charter activity.  In addition,
14 any person acting as a saltwater charter boat fishing guide who is in charge of the
15 operation of a vessel shall have his required licenses and proof of liability
16 commercial marine insurance on his person while on the water.  It shall not be a
17 violation of this Section for a person to represent himself as a charter boat fishing
18 guide if that person held a valid license during the previous thirty days but has not
19 renewed the license.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-807	ENGROSSED
HB NO. 661
1	(b)  No person shall act as or represent himself to be a freshwater charter boat
2 fishing guide unless that person possesses a valid state charter boat fishing guide
3 license, proof of liability commercial marine insurance, and a valid state recreational
4 fishing license that grants fishing privileges appropriate for his charter activity.  In
5 addition, any person acting as a freshwater charter boat fishing guide who is in
6 charge of the operation of a vessel shall have his required licenses and proof of
7 liability commercial marine insurance on his person while on the water.  It shall not
8 be a violation of this Section for a person to represent himself as a charter boat
9 fishing guide if that person held a valid license during the previous thirty days but
10 has not renewed the license.  The department shall provide written notification to the
11 holder of a license issued pursuant to this Subparagraph that the holder may be
12 subject to other requirements of law, including holding a valid captain's license
13 issued by the United States Coast Guard.
14	(2) The liability commercial marine insurance required by this Subsection
15 shall be written by an insurance company with at least an A- rating in the latest
16 printing of the A.M. Best's Key Rating Guide and in a sufficient amount to protect
17 the public as determined by the commission.
18	*          *          *
19	J.(1)  In addition to any other penalty provided for in the this Section, for any
20 person convicted of a first offense of violating Subsection A or B of this Section, the
21 offender shall pay a fine of no less than one thousand dollars to the Department of
22 Wildlife and Fisheries.  For for any person convicted of a second offense of violating
23 Subsection A or B of this Section, the offender may only operate a vessel that
24 employs a vessel monitoring system for the three years after the date of the
25 conviction.  For any person convicted of a third or subsequent offense of violating
26 Subsection A or B of this Section, the offender may only operate a vessel that
27 employs a vessel monitoring system for ten years after the date of the conviction.
28	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-807	ENGROSSED
HB NO. 661
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 Engrossed 2024 Regular Session	Bryant
Abstract:  Requires charter boat fishing guides to carry commercial marine insurance and
establishes a fine for a first offense violation of charter fishing licensing
requirements.
Present law requires that charter boat fishing guides possess and keep on his person while
on the water proof of liability insurance.
Proposed law requires that charter boat fishing guides possess and keep on his person while
on the water proof of commercial marine insurance.
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 a penalty for a first offense violation of the charter fishing licensing
requirements of up to $1000.
(Amends R.S. 56:302.9(A)(1) and (2) and (J)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Make technical changes.
2. Remove requirement for freshwater charter fishing guides to obtain a U.S. Coast
Guard captain's license.
3. Reinstate language in current law requiring the Dept. of Wildlife and Fisheries
to provide written notification to freshwater charter fishing guides that they may
be subject to additional legal requirements, including the requirement to obtain
a U.S. Coast Guard captain's license.
4. Change the insurance requirement for charter fishing guides from liability
insurance to commercial marine insurance.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.