reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:410.7. Black Lake, Clear Lake, and Prairie Lake; marking of nets required; permitted and prohibited fishing gear; penalties

RS 56:410.7 - Black Lake, Clear Lake, and Prairie Lake; marking of nets required; permitted and prohibited fishing gear; penalties
A. No person shall set or use any net for the taking of recreational or commercial fish in Black Lake, Clear Lake, or Prairie Lake unless it has been marked with a waterproof tag with the name and address of the fisherman and his fishing license number. Violation of this provision shall be punishable by a twenty-five dollar fine payable to the Northwest Game and Fish Preserve Commission.
B. No person shall use a gill net or trammel net or leaded gill net which has less than a minimum of three and one-half inch bar and seven inches stretch. Violation of this provision shall be punishable by a twenty-five dollar fine payable to the Northwest Game and Fish Preserve Commission.
C. Repealed by Acts 2012, No. 133, §1.
Acts 1995, No. 550, §1; Acts 2003, No. 1227, §1; Acts 2012, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:410.10. Use of certain fishing gear on Poverty Point Reservoir; prohibition

RS 56:410.10 - Use of certain fishing gear on Poverty Point Reservoir; prohibition
A. No person shall possess, set, or use any recreational hoop nets, recreational wire nets, yo-yos, trotlines, or slat traps in Poverty Point Reservoir.
B. Violation of this Section constitutes a class two violation.
Acts 2005, No. 95, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:411. Legislative findings and purpose

RS 56:411 - Legislative findings and purpose
A. The legislature hereby recognizes that the production of aquatic organisms in private facilities in Louisiana significantly contributes to the vitality of Louisiana's economy. Additionally, as stated in R.S. 56:360.2 and 360.3, the legislature also recognizes that the introduction of nonnative aquatic organisms for the purpose of aquaculture may pose a real threat to Louisiana's native species and their environments. The purpose of this Subpart is to grant the department the authority to maintain a list of approved domesticated aquatic organisms for aquaculture and the regulatory framework for the orderly development of an aquaculture industry in the state of Louisiana, including the manner of possession, propagation, culture, management, transport, or marketing of domestic aquatic organisms and the methods for consideration of approval of new species for aquaculture. The list of approved domesticated aquatic organisms and the methods for consideration of approval of a new species for aquaculture shall be promulgated under the Administrative Procedure Act.
B. For the purposes of this Subpart the following definitions shall apply:
(1) "Aquaculture" means any activity associated with the production of fish in privately owned waters or ponds as defined in R.S. 56:8(103) and (104).
(2) "Aquatic livestock" means native, freshwater fish but does not include any freshwater game fish as defined in R.S. 56:8, any fish which is a threatened or endangered species as defined in R.S. 56:1902, or any saltwater species of fish.
(3) "Culture" means any activity associated with the rearing, nurturing, or growing of a domesticated aquatic organism.
(4) "Domesticated aquatic organism" shall specifically include all domesticated fish as defined in R.S. 56:8, and any aquaculturally raised fish, except aquatic livestock.
(5) "Mariculture" means the rearing, nurturing, or growing of saltwater fish in cages, pens, or any other containment device in or on state territorial waters including those waters over private-owned water bottoms.
(6) "Species specific permits" are special domesticated aquatic organism permits that are required for any species which have restricted methods of aquaculture.
Added by Acts 1964, No. 248, §1; Amended by Acts 1974, No. 223, §3; Acts 1988, No. 778, §1; Acts 1997, No. 1237, §1; Acts 1999, No. 1022, §1; Acts 2008, No. 23, §1, eff. July 1, 2008, and §2, eff. Jan. 1, 2009; Acts 2010, No. 743, §2B, eff. July 1, 2010; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.
NOTE: See Acts 1997, No. 1237, §2, for exception of Atchafalaya Basin.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:413. Harvest and sale of domesticated aquatic organisms

RS 56:413 - Harvest and sale of domesticated aquatic organisms
Harvest and sale of domesticated aquatic organisms produced in private artificial reservoirs or enclosures located on privately owned property may be carried out at the time desired by the grower and with seines or tackle selected by the owner. Persons engaged in aquaculture, as defined in this Subpart, shall be entitled to transport, without restriction, on the public roads and highways of this state any and all equipment, except any electric fish shocking devices, necessary for the harvest of domesticated aquatic organisms produced in privately owned waters.
Added by Acts 1964, No. 245, §1. Amended by Acts 1966, No. 242, §1; Acts 1974, No. 223, §3; Acts 1997, No. 1237, §1; Acts 2008, No. 23, §1, eff. July 1, 2008.
NOTE: See Acts 1997, No. 1237, §2, for exception of Atchafalaya Basin.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:414. Penalties

RS 56:414 - Penalties
Except as otherwise provided herein, violation of any provision of this Subpart constitutes a class two violation.
Added by Acts 1964, No. 245, §1. Amended by Acts 1966, No. 242, §1; Acts 1974, No. 223, §3; Acts 1981, No. 837, §3; Acts 1992, No. 528, §1, eff. June 29, 1992.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:415. Exemption; aquatic livestock farmers

RS 56:415 - Exemption; aquatic livestock farmers
A. The provisions of this Subpart shall not apply to the production and harvesting of aquatic livestock in private ponds, or to the transporting of aquatic livestock from a private pond to the first point of sale, or to the sale to the first purchaser of aquatic livestock which are produced and harvested in private ponds.
B. The Wildlife and Fisheries Commission and the Department of Wildlife and Fisheries shall not have jurisdiction over any activities or transactions exempted by this Section. The Department of Agriculture and Forestry shall have jurisdiction over activities exempted by this Section.
Acts 1987, No. 92, §1; Acts 1987, No. 534, §1; Acts 1987, No. 851, §1; Acts 1995, No. 543, §2; Acts 2010, No. 743, §2B, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:422. Regulation of industry; residence of persons engaging in; employment of labor and vessels

RS 56:422 - Regulation of industry; residence of persons engaging in; employment of labor and vessels
A. Any bona fide resident of this state, any firm or association composed of citizens or residents of this state, or any corporation domiciled in or organized under the laws of this state, having a factory or shucking plant or places of business located within this state, may catch and take, can, pack, shuck, or deal in or transport oysters from the waters of this state, and may lease bedding grounds for the cultivation and propagation of oysters for any of those purposes within any waters within the territorial jurisdiction of the state, upon the terms and conditions and subject to the restrictions and regulations herein set forth, or under the authority which may be imposed by the commission.
B. Except as otherwise provided in this Subpart no person not a resident of or domiciled in this state shall catch, take, can, pack, shuck, or deal in, within this state, any oysters taken from the waters of this state, or lease any bedding grounds for the cultivation and propagation of oysters for any of the above purposes.
C. Any person properly licensed to operate in the oyster industry in this state may employ such labor, resident or nonresident, as required, and may employ such vessels and their crews, resident or nonresident, as required, upon the vessels being properly licensed. This right to employ nonresident labor or nonresident vessels is confined to the operation of any licensees as carried on within the state.
D. Whoever violates any of the provisions of this Section has committed a Class Two violation and shall be punished as provided for in Part II.
E. The commission may promulgate rules and regulations, including emergency rules, under the provisions of the Administrative Procedure Act to provide for the operation of oyster cargo vessels. The rules shall require that each person in charge of an oyster cargo vessel shall purchase an oyster cargo vessel permit. The permit shall be issued at a cost of two hundred fifty dollars per year for residents and one thousand one hundred five dollars per year for nonresidents. The rules and regulations also may include but shall not be limited to provisions to provide for the following:
(1) Commercial oyster fishermen transferring oysters on the water to a cargo vessel.
(2) Compliance with refrigeration requirements and record requirements.
(3) Requiring the use of a vessel-monitoring system.
(4) Allowing for adequate enforcement.
(5) A violation of any rule or regulation adopted under the provisions of this Subsection shall be a Class Four violation.
(6) Funds received from issuance of the oyster cargo vessel permits being used for enforcement of the oyster laws and rules and regulations.
(7) All other provisions necessary for the implementation of this Subsection.
Acts 1981, No. 925, §1; Acts 2008, No. 321, §1, eff. June 17, 2008.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:424.1. Illegal taking of oysters; penalties

RS 56:424.1 - Illegal taking of oysters; penalties
A. In addition to the penalties contained in R.S. 56:424, 431, 433, or 433.1, for any person convicted of a first offense for any violation of the provisions of R.S. 56:424, 431, 433, or 433.1, the court may order the offender, for one year after the date of such conviction, to harvest oysters only from a vessel that employs a vessel monitoring system. For any person convicted of a second offense of the provisions of R.S. 56:424, 431, 433, or 433.1, the court shall require the offender, for three years after the date of such conviction, to harvest oysters only from a vessel that employs a vessel monitoring system. For any person convicted of a third or subsequent offense, the court shall require the offender, for ten years after the date of such conviction, to harvest only from a vessel that employs a vessel monitoring system.
B. Whenever a person is required to employ a vessel monitoring system, access to the monitoring system shall be granted to the Department of Wildlife and Fisheries. Each person required to employ such monitoring system under the provisions of this Section shall notify the department on which vessel he will be harvesting oysters. Any person required to be on board a vessel with an approved vessel monitoring system when harvesting oysters shall comply with all rules and regulations adopted by the department to ensure compliance with vessel monitoring system requirements. The cost of a vessel monitoring system shall be the responsibility of the person required to be on such vessel. The department shall determine which vessel monitoring systems are approved for use under the provisions of this Section.
C. Any person required to be on board a vessel with an approved vessel monitoring system who is found harvesting oysters from a vessel not equipped with such vessel monitoring system shall have his harvester's license suspended for the remainder of the license year in which he was convicted of violation of the vessel monitoring system requirement, and he shall not be eligible for a harvester's license for the following year.
D. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.
Acts 2007, No. 310, §1; Acts 2009, No. 376, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:426. Filing and recordation of water bottoms leases

RS 56:426 - Filing and recordation of water bottoms leases
A. Leases shall be executed in duplicate and a copy of the plan of survey annexed thereto. One duplicate shall be delivered to the lessee and the other retained by the department and registered in a lease book for that purpose.
B. All persons to whom water bottoms leases are granted shall, within thirty days following the granting thereof, record an executed copy of such lease or leases, together with a plat or map of survey indicating the area affected, in the conveyance records of the parish or parishes of the state of Louisiana in which the area is located. Within twenty days from such recordation, certified copies of the plat or map of survey shall be filed with the department. Transfers of leases from one person to another shall be likewise recorded and filed.
C. If a lease is not recorded and filed within the time periods provided above, no third party shall be bound or affected by the provision of that lease, until such time as it is properly recorded and filed. There shall be no claim against the state of Louisiana for the disregard of the provisions of any lease not properly recorded and filed in accordance with foregoing, nor shall there by any claim against the department, the register of the state land office, or the State Mineral and Energy Board, for the disregard of the provisions of any lease which has not been properly filed with the respective agency involved.
D. All leases of water bottoms for oyster culture previously granted and not filed and recorded as provided for in this Subpart, and all such leases hereafter granted, and not recorded as provided herein, shall be subordinate to the rights of the state of Louisiana, its agencies and lessees, with respect to the granting of mineral and shell leases and the exercise of rights thereunder. The renewal or extension of the term of an existing oyster lease shall not be deemed a new lease, but a renewal or extension shall be recorded no later than six months after the expiration of the term of the previous lease.
Acts 1981, No. 925, §1; Acts 2009, No. 196, §9, eff. July 1, 2009; Acts 2010, No. 267, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:427.1. State, political subdivisions of the state, and the United States held harmless in coastal restoration

RS 56:427.1 - State, political subdivisions of the state, and the United States held harmless in coastal restoration
A. Except as provided in Subsection C of this Section, the state of Louisiana, political subdivisions of the state, the United States, and any agency, agent, contractor, or employee thereof shall be held free and harmless from any claims arising under any oyster lease, renewal, or extension granted to any individual or other entity for any purpose from diversions of fresh water or sediment, dredging or direct placement of dredged or other materials, or any other actions taken for the purpose of coastal protection, conservation, or restoration.
B. All oyster leases, renewals, or extensions granted to any individual or other entity shall include language which shall hold harmless from all claims provided for in Subsection A of this Section the state, political subdivisions of the state, the United States, and any agency, agent, contractor, or employee thereof.
C.(1) A leaseholder whose oyster lease is acquired in whole or in part by the Coastal Protection and Restoration Authority pursuant to R.S. 56:432.1 for dredging, direct placement of dredged or other materials, or other work or activities necessary for the construction or maintenance of a project for integrated coastal protection may seek compensation from the Coastal Protection and Restoration Authority pursuant to that Section.
(2) A leaseholder may seek acquisition and compensation from the Coastal Protection and Restoration Authority pursuant to R.S. 56:432.1 for any portion of an oyster lease that is not acquired by the Coastal Protection and Restoration Authority and upon which dredging, direct placement of dredged or other materials, or other work or activities necessary for the construction or maintenance of a project for integrated coastal protection has occurred.
Acts 2000, 1st Ex. Sess., No. 107, §1; Acts 2006, No. 425, §1, eff. June 15, 2006; Acts 2009, No. 523, §4, eff. July 10, 2009; Acts 2016, No. 430, §7.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:429. Default in payment of rent; cancellation and forfeitures

RS 56:429 - Default in payment of rent; cancellation and forfeitures
The failure of the lessee to pay the rent punctually on or before the first of each January, or within sixty days thereafter, ipso facto and without demand or putting in default, terminates and cancels the lease and forfeits to the department all the works, improvements, betterments, and oysters on the leased water bottom. The department may at once enter on the water bottom and take possession thereof. Such water bottom shall then be open for lease in accordance with R.S. 56:425. Ten days thereafter the department shall enter the termination, cancellation, and forfeiture on its books and give public notice thereof by publication in one local paper in the parish where the formerly leased water bottoms are located. On or before the first day of each February, the department shall issue a written notice of delinquency by certified mail to each lessee who has not yet paid the rent. The department shall also publish notice of such delinquency on its website and in the official journal of the parish in which the delinquent lease is located. Any lessee who pays the rent on or after the first day of February shall pay the rent due plus an additional ten percent penalty.
Acts 1981, No. 925, §1; Acts 2006, No. 425, §1, eff. June 15, 2006; Acts 2016, No. 595, §1, eff. July 1, 2016.
NOTE: See Acts 2005, 1st Ex. Sess., No. 17, for applicability to 2006 renewals.
NOTE: See Act 595 of the 2016 Regular Session, §2, for details of moratorium lifting procedure.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:430. Additional lease stipulations

RS 56:430 - Additional lease stipulations
A. Repealed by Acts 2001, No. 438, §2.
B.(1) Lessees, under the supervision of the department, shall stake off and mark the leased water bottoms by ranges, monuments, stakes, buoys, and the like, in order to locate accurately and fix the limits of each lease by prominently marking such leased water bottoms with signs which state the lease number or name or initials of the leaseholder. Oysters shall not be harvested from any unmarked lease.
(2) For purposes of preventing trawling in seeded areas under R.S. 56:423(B), lessees shall clearly mark and delineate as required by law or regulation the area which has been seeded. A lease shall be posted with prominent, durable signs stating "NO TRAWLING OR SEINING-OYSTER LEASE".
(3) A violation of this Section shall be a class two violation.
Acts 1981, No. 925, §1. Amended by Acts 1982, No. 314, §1; Acts 1991, No. 567, §1; Acts 1991, No. 788, §1; Acts 1992, No. 222, §1; Acts 2001, No. 438, §2.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:432. Territorial limitations

RS 56:432 - Territorial limitations
No person, partnership, or corporation shall lease more than two thousand five hundred acres of water bottoms. Whoever leases more than the allotted amount of water bottoms forfeits, after due trial by competent court, all leases held by him on any water bottoms of the state.
Acts 1981, No. 753, §1. Amended by Acts 1981, No. 925, §1; Acts 2003, No. 449, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:432.2. Annual reporting of coastal protection, conservation, and restoration project status

RS 56:432.2 - Annual reporting of coastal protection, conservation, and restoration project status
Once per year, in coordination with the Louisiana Oyster Task Force, the Coastal Protection and Restoration Authority shall provide information to the Oyster Task Force regarding the nature, location, and status of current or planned projects for integrated coastal protection to the extent practical.
Acts 2006, No. 425, §1, eff. June 15, 2006; Acts 2009, No. 523, §4, eff. July 10, 2009; Acts 2012, No. 604, §4, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:435. Scrapers; use in removing oysters

RS 56:435 - Scrapers; use in removing oysters
A. All scrapers used to harvest oysters from the public seed grounds and the natural reefs shall be no longer than fifty-four inches in width measured along the tooth bar. No scraper shall weigh more than one hundred seventy-five pounds nor shall diving boards, hydrofoils, or any other apparatus or attachment intended to create downward pressure be attached to any scraper.
B. For scrapers used to harvest oysters from the public seed grounds and the natural reefs, the scraper teeth shall be no longer than five inches in length and there shall be a minimum of two and one-quarter inch spacing measured from the center of a tooth to center of the adjacent tooth. A tooth shall not exceed eleven-sixteenths of an inch in diameter. In addition, there shall be no more than two scrapers in use on any one vessel. An oyster scraper bag shall only be single mesh with a minimum mesh size of three inches stretched.
C. The lessees of propagating or bedding grounds may use on such propagating or bedding grounds any implements or appliances they may desire. However, no implements or appliances shall be used in any manner which will impair or destroy any water bottoms. The department may require lessees to procure from it permits to use such implements and appliances, such permits to be issued without charge, and to be conditioned that such implements or appliances shall not be used on natural oyster reefs in the state, and on those grounds not leased.
D. A violation of the provisions of this Section shall constitute a class two violation.
E. Repealed by Acts 1984, No. 402 §2.
Acts 1981, No. 836, §1; Acts 1981, No. 925, §1. Amended by Acts 1982, No. 467, §1; Acts 1982, No. 626, §1. Acts 1984, No. 230, §1, eff. June 29, 1984. Acts 1984, No. 402, §2; Acts 1986, No. 904, §4; Acts 1990, No. 583, §1; Acts 1991, No. 496, §1; Acts 2016, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:435.1. Sabine Lake; prohibition on harvesting of oysters

RS 56:435.1 - Sabine Lake; prohibition on harvesting of oysters
Oyster harvesting in Sabine Lake shall be prohibited.
Acts 1984, No. 402, §1; Acts 1986, No. 904, §§3, 4; Acts 1987, No. 559, §1; HCR No. 2, 1988 1st Ex. Sess.; SCR No. 3, 1988 1st Ex. Sess.; Acts 1988, No. 256, §1; Acts 1991, No. 900, §1; Acts 1992, No. 109, §1; Acts 2004, No. 479, §§1, 2; Acts 2006, No. 398, §1; Acts 2016, No. 133, §1; Acts 2017, No. 259, §1; Acts 2018, No. 159, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:436. Restricted time of taking oysters

RS 56:436 - Restricted time of taking oysters
A. The taking of oysters from the natural reefs of this state and from privately owned bedding grounds between the hours of one-half hour after sunset and until one-half hour before sunrise is prohibited. During these hours all scrapers shall be unshackled, disconnected, or in such condition as to be easily determined by an agent of the department not to have been in recent use.
B. Violation of any provision of this Section constitutes a class four violation.
Acts 1981, No. 925, §1; Acts 1987, No. 456, §1; Acts 1990, No. 873, §1; Acts 2016, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:437. Sale of oysters for raw consumption within the state

RS 56:437 - Sale of oysters for raw consumption within the state
Oysters which have been harvested from Louisiana waters may be sold for raw consumption within the state at all times during the year provided however, that during the time period from May first through October thirty-first each year, movement of such oysters from harvest to refrigeration shall take no more than five hours. Federal regulations which may prohibit the interstate transportation and sale of oysters which have not been post-harvest treated shall not apply to oysters harvested, sold, and consumed within the state of Louisiana. The Louisiana Department of Health shall promulgate rules pursuant to the Administrative Procedure Act to administer the provisions of this Section and the Department of Wildlife and Fisheries shall assist in the enforcement of such rules. Such rules shall allow up to five hours for the oysters to be transferred from harvest to refrigeration as provided in this Section.
Acts 2010, No. 269, §1; Acts 2011, No. 1, §1, eff. May 20, 2011.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:438. Surveyor, definition

RS 56:438 - Surveyor, definition
Surveyor as used in this Subpart shall mean the surveyor of the department or any other professional land surveyor qualified and currently licensed by the Louisiana Professional Engineering and Surveying Board in accordance with R.S. 37:681 et seq. who is authorized by the secretary to survey oyster leases under the laws of the state and rules, regulations, and policies of the department.
Acts 1981, No. 925, §1; Acts 2003, No. 279, §8.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:439. Staking off or bedding oysters on unleased water bottoms

RS 56:439 - Staking off or bedding oysters on unleased water bottoms
No person shall stake off the water bottoms enumerated in this Subpart, or bed oysters on the water bottom without previously leasing the same from the department, and then only after payment of the rental and fees provided in this Subpart. However, for emergency purposes in the matter of the preservation of a cargo, the oyster fisherman may temporarily bed his cargo on unleased bottoms and stake it off.
Acts 1981, No. 925, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:440. Standard measurements; barrel

RS 56:440 - Standard measurements; barrel
A. In all of the operations of the department, the standard measurement of the barrel referred to in this Section shall be 6451.26 cubic inches, which approximately represents the cubic contents of three bushels, or one barrel; one sack represents 3225.63 cubic inches or one and one-half bushels or one-half barrel.
B. All shucked oysters shall be labeled and packaged as required pursuant to the National Shellfish Sanitation Program and the National Institute of Standards and Technology.
C. All licensed oyster captains, harvesters, or certified wholesale/retail dealers of shell stock and shucked oyster products shall verify that the oysters being sold adhere to the measurement standards required by this Section.
Acts 1981, No. 925, §1; Acts 2014, No. 217, §2.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:442. Collection and disposition of funds; dedication of funds

RS 56:442 - Collection and disposition of funds; dedication of funds
A. No license fee or tax other than those imposed by Part VI of this Title and by R.S. 56:446 shall be levied or imposed by the state or any of its subordinate political corporations or municipalities.
B. Except for funds collected from the privilege to take shells or shell deposits from the water bottoms, bedding ground rentals, and other sources of income, shall be collected by the department and record made thereof. These funds shall be deposited in the state treasury to the credit of the department.
C. One-half of all funds collected by the department from the leasing or granting of permits of the right or privilege to take shells or shell deposits or mussel shells from the water bottoms of the state under authority of this Subpart are dedicated to the establishment, administration, maintenance, and upkeep of oyster seed grounds and reservations and to the planting, propagation, cultivation, policing, preservation, and distribution of oysters on and from the grounds. The department may purchase and use shells or other cultch which it may in judgment and discretion take from over-crowded oyster reefs belonging to the state. The remaining one-half of all funds collected by the department under authority of this Subpart shall be deposited in a special account by the department and shall be dedicated to the administration, enforcement, management, and research for marine resources and to the construction, purchase, maintenance and upkeep of property and equipment used in connection therewith.
D. In case of acquisition and expenditures incurred under authority of this Subpart, the department may care for, cultivate, and dispose of acquired oysters and seed. It shall return such recovered funds into the funds placed at its disposal under this Subpart.
Acts 1981, No. 925, §1. Acts 1986, No. 904, §3; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.
NOTE: SEE ACTS 1986, NO. 904, §5.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:444. License number display

RS 56:444 - License number display
The name, license number, state boat registration number, or federal documentation number of each vessel, boat, or dredging apparatus engaged in the harvesting of oysters shall be displayed on the roof of the cabin or on any other place which is easily visible from the air, at all times. The letters shall be at least eight inches in height and of an appropriate width.
Acts 1981, No. 925, §1. Acts 1986, No. 904, §3.
{{NOTE: SEE ACTS 1986, NO. 904, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:450. Freshwater mussels; rules; penalties

RS 56:450 - Freshwater mussels; rules; penalties
A.(1) The secretary of the Department of Wildlife and Fisheries shall adopt rules, developed and proposed by the department, to regulate the harvest of freshwater mussels. Such rules shall provide for open areas, species eligible for harvest, harvest methods, permits, fees, and other provisions necessary to implement this Section. In no case shall the annual permit fee for nonresidents be less than one thousand dollars per person harvesting freshwater mussels.
(2) One-half of the total of all revenues derived from the annual permit fees required for commercial mussel fishermen and severance tax are hereby dedicated to the operation of the enforcement division of the Department of Wildlife and Fisheries and the remaining one-half of the total of all revenues is hereby dedicated to the operation of the inland fisheries division of the department.
B. The secretary shall have the authority to revoke, deny, or limit the number of permits issued as deemed necessary for proper management, control, and protection of the freshwater mussel resource.
C. Any violation of rules pertaining to the harvest and sale of freshwater mussels shall constitute a class four violation, R.S. 56:34. Any violation of harvest reporting requirements shall constitute a class 2-B violation, R.S. 56:32(A)(2).
D. It shall be unlawful for any person to sell, barter, or exchange any freshwater mussel meats. Any violation of this Subsection shall constitute a class four violation, R.S. 56:34.
E. Notwithstanding any other law to the contrary, there shall not be any shell dredging in Lake Pontchartrain or Lake Maurepas.
Acts 1981, No. 925, §1; Acts 1992, No. 851, §1; Acts 1993, No. 99, §1, eff. June 1, 1993; Acts 1994, No. 27, §1; Acts 2021, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:471. Ownership of water bottoms

RS 56:471 - Ownership of water bottoms
A. All water bottoms suitable for clamming within the state shall remain public with respect to clams and shall be subject to any and all restrictions contained herein.
B. Nothing in this Subpart shall in any way affect the dredging of Rangia clam shells as presently authorized.
Added by Acts 1979, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:473. Recreational possession limit; recreational gear regulations

RS 56:473 - Recreational possession limit; recreational gear regulations
A. A recreational fisherman can take no more than two bushels of clams per day.
B. The department shall designate by regulation the types of rakes or tongs that can be used by a recreational fisherman.
Added by Acts 1979, No. 616, §1. Acts 1984, No. 230, §1, eff. June 29, 1984. Acts 1986, No. 904, §3.
{{NOTE: SEE ACTS 1986, NO. 904, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:474. Time and method of taking clams

RS 56:474 - Time and method of taking clams
A. Dredging for clams between one-half hour after sunset and one-half hour before sunrise is prohibited.
B. Clams may not be taken by any method other than by hand in any established bed of aquatic vegetation.
Added by Acts 1979, No. 616, §1; Acts 1992, No. 860, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:476. License display

RS 56:476 - License display
The vessel license number shall be painted on the cabin roof or any other place which is easily visible from the air. The letters shall be at least eight inches high and of appropriate width and prefaced with the letter "C".
Added by Acts 1979, No. 616, §1. Acts 1986, No. 904, §3.
{{NOTE: SEE ACTS 1986, NO. 904, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:477. Division of water bottoms

RS 56:477 - Division of water bottoms
The Department of Wildlife and Fisheries after adequate technical review may divide the water bottoms of the state into zones for the purpose of clamming. The department in determining the number of zones may designate which and how often zones may be fished and how many clams may be taken from any zone.
Added by Acts 1979, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:478. Demarcation line

RS 56:478 - Demarcation line
A. A line of demarcation shall be established between what is considered productive oyster areas and areas which have become nonproductive seaward of known productive oyster areas, but which can be considered productive clam areas. This line should not be of a permanent nature but flexible according to changing environmental conditions, giving the oyster preference.
B. During periods when it is unlawful to take oysters from the public seed grounds, it shall be unlawful to take clams from within the public seed grounds. During these periods clams can only be taken seaward of the line of demarcation.
The taking of clams by vessels properly licensed and permitted while engaging in normal clamming operations shall not be permitted in areas where active oyster production occurs. It shall not be unlawful to take clams incidental to the harvesting of oysters.
Added by Acts 1979, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:480. Catch limitations

RS 56:480 - Catch limitations
In the event the commission should determine that any or all areas are being overharvested, the commission is hereby authorized to impose catch rate limitations. The commission should consider catch rate information obtained from monthly reports, meat yield data, coincidence of low production in relation to clams as compared to other fisheries production for a given time frame, and any other information it deems pertinent in determining limitations. Any such limitations shall be made public no later than October 1 preceding the year affected.
Added by Acts 1979, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:481. Size limits

RS 56:481 - Size limits
It shall be illegal to possess clams of less than one inch measured from hinge to edge of shell. Clams shall be culled where taken and all clams of less than legal size shall be immediately returned to the waters. A tolerance of ten percent by count of any catch shall be allowed.
Added by Acts 1979, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:491. Definitions

RS 56:491 - Definitions
For the purposes of this Chapter, the following words and phrases shall have the meaning ascribed to them in this Section, unless the context clearly shows a different meaning:
(1)(a) "Saltwater shrimp" includes all species of shrimp of commercial or economic value found in the coastal waters of the state and in the Gulf of Mexico contiguous to the Louisiana coast, including the white shrimp or "common saltwater shrimp"(
Litopenaeus setiferus
), also called the "lake shrimp"; the brown shrimp (
Farfantepenaeus aztecus
); the pink shrimp (
Farfantepenaeus duorarum
); the "sea bob" (
Xiphopeneus kroyeri
), also called "six barbes"; and any other shrimp or shrimplike species which may be taken from coastal waters or sold through commercial channels.
(b) "Freshwater shrimp" means the common river shrimp (
Macrobrachium ohione
) and the delta river shrimp (
Macrobrachium acanthurus
).
(2) "Take", in its different tenses, includes the act of pursuing, netting, capturing, trapping, wounding, or killing by any means or device whatsoever; and it includes any attempt to seine, trawl for, or catch saltwater shrimp.
(3) "Possess" in its different tenses, includes the act of having in possession or control, keeping, detaining, restraining, or holding as owner, or as agent, bailee, or custodian of another; and whenever possession, sale, or purchase of shrimp is prohibited, reference is made equally to such shrimp coming from without the state as to that taken within the state.
(4) "Transport" in its different tenses, includes the act of shipping, attempting to ship, receiving or delivering for shipment, transporting, conveying, carrying, or exporting, by air, land, or water, or by any means whatsoever.
(5) "Processing" includes any method of preparing shrimp for the market, including drying, canning, packing, beheading, or freezing, but not the simple packing of fresh shrimp in ice during transportation.
(6) "Consumer" includes restaurants and other places where shrimp is prepared for consumption or otherwise utilized, and includes persons using shrimp for bait.
(7) The "length of seines, trawls, or other netting" is the full measure of the extended net as in use or in possession on the fishing grounds, when measured along the cork line between the points where the webbing is attached to the rope at either end, and does not include the additional rope used for pulling the net or attaching it to the arm-poles or trawl boards.
(8) The "size of the mesh" of netting means the full measure of the mesh as found in use or in possession on the fishing grounds, measuring the full "bar" stretched from the near side of one knot to the far side of the other.
Amended by Acts 1958, No. 53, §1, emerg. eff. June 24, 1958; Acts 1997, No. 1163, §1, eff. July 14, 1997; Acts 2004, No. 126, §1, eff. Nov. 15, 2004.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:492. Incidental by-catch

RS 56:492 - Incidental by-catch
Any commercial shrimping vessel may retain and any commercial fisherman may sell all southern flounder caught as by-catch on any shrimping trip unless the southern flounder stock is determined by the department to be overfished or undergoing overfishing. After such a determination, the commission may adopt rules or regulations in accordance with the Administrative Procedure Act to restrict the retention of southern flounder caught as by-catch on any shrimping trip until such time as the department determines the stock has recovered from an overfished or overfishing status.
Acts 1997, No. 1163, §1, eff. July 14, 1997; Acts 1999, No. 220, §1; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:492.1. Excluder devices

RS 56:492.1 - Excluder devices
The commission may promulgate rules and regulations in accordance with the Administrative Procedure Act relative to the use, possession, and configuration of devices designed to exclude the take of certain fish and other aquatic life from fishing gear within the territorial waters of the state and in the federal exclusive economic zone.
Acts 2015, No. 416, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:493. Control of shrimp fishery and industry

RS 56:493 - Control of shrimp fishery and industry
The exclusive control of the shrimp fishery and the shrimp industry in Louisiana is vested in the department, which shall enforce the laws regulating same. All shrimp or parts thereof taken, possessed, or transported contrary to the provisions of this Subpart shall, when found, be confiscated and disposed of by the department at its discretion.
Acts 1985, No. 876, §3, eff. July 23, 1985.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:496. Residence requirements; exception

RS 56:496 - Residence requirements; exception
Any persons, firm or association operating a shrimp processing plant in this state may take salt water shrimp from the waters of this state and process them.
Any restrictions affecting non-resident persons from taking or processing salt water shrimp does not apply to the citizens of any state which grant equal privileges or licenses to the citizens of this state and which said states have entered into the Gulf States Marine Fisheries Compact under 1950 R.S. 46:41 etc.
Amended by Acts 1952, No. 627, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:497.1. Trawl, skimmer, or butterfly gear license eligibility

RS 56:497.1 - Trawl, skimmer, or butterfly gear license eligibility
A. Any person convicted of commercial or recreational shrimping during the closed season twice within a five-year period shall not be eligible to hold a trawl, skimmer, or butterfly gear license for a period of three years from the date of the second conviction.
B. Any person convicted of commercial or recreational shrimping during the closed season three or more times during a five-year period shall not be eligible to hold a trawl, skimmer, or butterfly gear license for a period of ten years from the date of the third or subsequent conviction.
C. Any person who is ineligible to hold a trawl, skimmer, or butterfly net gear license pursuant to the provisions of this Section is prohibited from engaging in commercial or recreational shrimping or being aboard a vessel harvesting or possessing shrimp or possessing a trawl, skimmer, or butterfly net gear unless the vessel is equipped with and employs an approved operating vessel monitoring system which is accessible to the Department of Wildlife and Fisheries. A violation of this provision shall constitute a class four violation.
Acts 2005, No. 102, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:498. Size limit

RS 56:498 - Size limit
A. During the spring open season defined in R.S. 56:497(A), there shall be no limitation as to count on any saltwater shrimp taken or held in possession.
B.(1) Except as otherwise provided in this Section, the possession count on saltwater white shrimp for each cargo lot shall average no more than one hundred whole specimens to the pound. This possession count shall be determined by counting the number of shrimp contained in two random separate three-pound samples taken from each cargo lot of shrimp. The first sample shall be taken and counted by an agent of the Department of Wildlife and Fisheries and the second sample shall be taken and counted by the fisherman. The average number of specimens from the combination of these two samples shall be used to determine the count per pound. A "cargo lot" as used herein shall mean a container, basket, box, chest, bin, hole, or storage compartment in which shrimp are kept for transport. However, during the time period from October fifteenth through the third Monday in December, there shall be no possession count on saltwater white shrimp taken or possessed. Such count shall apply to the taking or possession of such shrimp aboard a vessel, except for shrimp that are documented as having been legally taken in other states or countries and imported into this state.
(2) When more than fifty percent by weight of the saltwater shrimp taken or possessed is sea bobs or brown shrimp, then the maximum allowable amount of undersized white shrimp taken or possessed shall not exceed ten percent by weight of the total saltwater shrimp taken or possessed.
C. The restriction as to count provided in R.S. 56:498(B)(1) shall not apply to "sea bobs" (Xiphopeneus Kroyeri), also called "six barbes".
D. There shall be no size limit on bait shrimp taken in the manner prescribed in R.S. 56:497(B).
Amended by Acts 1950, No. 544, §1; Acts 1958, No. 53, §5; Acts 1962, No. 452, §4; Acts 1984, No. 586, §1; Acts 1989, No. 85, §1, eff. June 16, 1989; Acts 1989, No. 489, §1, eff. July 1, 1989; Acts 1991, No. 946, §1; Acts 1992, No. 619, §1, eff. July 2, 1992; Acts 1993, No. 443, §1, eff. June 9, 1993.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:499.2. Butterfly and bottom nets; Lake Pontchartrain and Intracoastal Waterway

RS 56:499.2 - Butterfly and bottom nets; Lake Pontchartrain and Intracoastal Waterway
A. Notwithstanding the provisions of R.S. 56:801(15) to the contrary, in that area of Lake Pontchartrain south and east of the Interstate Highway 10 Bridge, south and eastward to include the waters of Lake St. Catherine and its passes, the Rigolets, Unknown Pass, and Chef Menteur Pass and south and eastward to Lake Borgne and that portion of the Mississippi River Gulf outlet and the Intracoastal Waterway from the Industrial Canal eastward to Lake Borgne, shrimp may be taken with butterfly nets and bottom nets. However, in Chef Menteur Pass, in the Rigolets and in those portions of Lake Pontchartrain and Lake Borgne which are within two miles of the Rigolets or Chef Menteur Pass, a butterfly net or bottom net may be used to take shrimp only when suspended from a fishing boat or vessel which is motor-propelled and underway.
B. No butterfly net or bottom net may be suspended from a piling, float, barge, raft, bridge, or shore installation in the Rigolets or Chef Menteur Pass or in those portions of Lake Pontchartrain or Lake Borgne which are within two miles of the Rigolets or the Chef Menteur Pass. However, in the Chef Menteur Pass a properly licensed single butterfly net measuring not more than twenty-two feet by twenty-two feet may be suspended from a wharf which has been approved by the U.S. Corps of Engineers and which is attached to privately owned or leased immovable property or to a structure that is not attached to privately owned or leased property if the owner has possessed a permit for such structure from the United States Corps of Engineers prior to 1988, provided that the owner or leaseholder is present on the immovable property or permitted structure at all times that the net is in the water.
Added by Acts 1972, No. 558, §2; Acts 1987, No. 517, §1; Acts 1988, No. 620, §1; Acts 1990, No. 581, §1.
2023 Louisiana Laws › Revised Statutes › Title 56 - Wildlife and Fisheries › §56:499.3. Butterfly and bottom nets; Oyster Bayou

RS 56:499.3 - Butterfly and bottom nets; Oyster Bayou
A. In the body of water known as Oyster Bayou, located between Atchafalaya Bay and Terrebonne Bay, and extending one thousand feet outside of the points where Oyster Bayou connects with Fourleague Bay and the Gulf of Mexico, butterfly nets and bottom nets may be used to take shrimp only when suspended from a fishing boat or vessel which is motor propelled and underway.
B. Any anchor or weight used to secure in the waterway the net or any object to which it is attached or mounted, including but not limited to any unmanned boat or vessel, floating platform, pontoon, or barge, shall be prohibited.
C. Any rope, line, chain, or other device used to connect to the shoreline the net and any object to which it is attached or mounted, including but not limited to any unmanned boat or vessel, floating platform, pontoon, or barge shall be prohibited.
Acts 1993, No. 768, §1; Acts 2003, No. 189, §1.