reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:464. Board of commissioners; appointment and qualification of members

RS 34:464 - Board of commissioners; appointment and qualification of members
A. The Jennings Navigation District of Louisiana shall be governed, and its affairs managed and controlled by a board of commissioners composed of five members, all of whom shall be qualified electors, domiciled in the district. They shall be chosen as follows: the police jury of the parish of Jefferson Davis shall elect, in such manner as it may determine, five citizens thereof possessing the requisite qualifications to serve as members of the board of commissioners. One of the commissioners shall be appointed for a term of two years, two for four years, and two for six years. At the expiration of their respective terms of office their successors shall be appointed by the police jury of the parish of Jefferson Davis for a period of six years each.
B. Any vacancy occurring during a term shall be filled by the Jefferson Davis Parish Police Jury for the remainder of the unexpired term.
C. The commissioners shall serve without compensation and shall have the power to organize and reorganize legal, executive, engineering, clerical and other departments and forces of said board and to fix the duties, powers and compensation of all officers, agents and employees under said board. They shall be entitled to receive all necessary expenses incurred in attending meetings of the board or while attending to the business of the board. In the event the secretary should be also a commissioner of the district, he shall be paid a salary for his services to be fixed by the board.
Amended by Acts 1966, No. 446, §1; Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:466. Canal system; canal to Jennings

RS 34:466 - Canal system; canal to Jennings
The board shall also adopt rules and regulations for the carrying into effect and perfection, of a canal system having for its object the improvement of navigation on the Mermentau River and other streams, so as to obtain, improve and maintain the navigation thereof, particularly by extending navigation via canal to Jennings.
Amended by Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:467. Officers and employees of board; meetings; quorum

RS 34:467 - Officers and employees of board; meetings; quorum
The board shall elect from among its own members a president, vice president, secretary and treasurer, whose duties shall be those usual to such offices. At the option of the board, the office of secretary and treasurer may be held by one person. The board shall meet in regular session once each month and shall also meet in special session as often as the president of the board convenes them, or on written request of three members, three members of the board shall constitute a quorum. The board shall prescribe rules to govern its meetings, maintain suitable offices in the district and may contract with and employ attorneys, clerks, engineers, deputy commissioners, superintendents, stevedores, and other agents and employees and shall fix their compensation and terms of office or employment.
Added by Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:468. Examinations and investigations; control and regulation; annual reports

RS 34:468 - Examinations and investigations; control and regulation; annual reports
A. The board shall examine and investigate all questions relating to the interest and welfare of the district; it shall control and regulate the same and make an annual report to the police jury of Jefferson Davis Parish showing all receipts and disbursements of the board; setting forth the general condition of the district and its buildings, structures, facilities and other properties; and making such recommendations for the development and welfare of the district and its management as may seem advisable. A copy of this report shall be promptly published in a newspaper printed in the parish of Jefferson Davis.
B. The board shall keep a record of its proceedings which shall be published at least once in a newspaper having a general circulation in the district, within thirty days after each board meeting. The board shall, at each meeting, examine all its accounts and operations; determine in what manner the work of the board shall be undertaken, and provide the means to carry it out.
The secretary shall keep full and complete records of all receipts and expenditures of the district; he shall safely keep and preserve all books, records, reports, contracts, vouchers and correspondence relative to the affairs of the district, and maintain a perpetual inventory of its property of all descriptions.
Added by Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:469. Acquisition of lands; public aid; construction of works of public improvement

RS 34:469 - Acquisition of lands; public aid; construction of works of public improvement
A. The board is authorized to acquire by purchase, donation, expropriation, or otherwise any lands in the district needed for railways, wharves, sheds, buildings, canals, channels and other facilities required for the operation of the board and to be owned and operated by the board. The board may also provide that payment for such lands be made out of the funds under its control not otherwise specifically appropriated.
B. The board is further authorized to receive by gift, grant, donation or otherwise, any sum of money, aid or assistance from the United States, the state of Louisiana, or any of the political subdivisions thereof, for the purpose of carrying out the objects and purposes of this Chapter.
C. The board is authorized to make and construct any of the works of public improvements in the district and anything in connection therewith that may be necessary or useful for the business of the board; to purchase machinery or materials and equipment for performing such work, and to supervise the making of the same or to make and construct such works through contracts with others, and generally, to do all other acts necessary or proper to carry out the powers vested in it with regard to such works of public improvement.
Added by Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:470. Contracts

RS 34:470 - Contracts
Anything in this part to the contrary notwithstanding, any construction undertaken, or materials purchased pursuant to the authority granted in this Chapter shall be in accordance with the provisions of Part II, Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.
Added by Acts 1978, No. 56, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:801. Definitions

RS 34:801 - Definitions
When used in this Sub-part, the following terms shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Vessel" means and includes any steamship, steamboat, tug, towboat, barge, water craft, ship or vessel of any kind or description, whether foreign or domestic.
(2) "Person", "party" or "individual" includes natural persons, firms and corporations.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:802. Injury or damage by careless navigation; privilege on vessels

RS 34:802 - Injury or damage by careless navigation; privilege on vessels
In all cases where any injury, loss or damage is caused or occasioned within the territorial jurisdiction of the State of Louisiana to the person or property of any person by carelessness, neglect or want of skill in the navigation, direction or management of any vessel, the person suffering such injury shall have a first lien and privilege on the offending vessel for the amount of the injury, loss or damage.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:805. Petition and bond

RS 34:805 - Petition and bond
The person suffering the injury, loss or damage shall present an articulated verified petition to a court of competent jurisdiction setting out the nature of his demand, and, as nearly as possible, the amount of the injury, loss or damage, and claiming the lien and privilege on the offending vessel; he shall also pray that the vessel be seized and sold to satisfy his claim with legal interest and costs of the suit; and with such petition the plaintiff, the state and all agencies and political subdivisions thereof excepted, shall file a bond with security in the penal sum of two hundred and fifty dollars in favor of the clerk of court for the benefit of whomsoever it may concern, conditioned to pay all costs of the proceeding and all damages which may be suffered by the owner or other person entitled to the possession of the seized vessel in the event it will thereafter be determined that the seizure will have been wrongfully obtained, but if the plaintiff's claim be dismissed on the merits, the seizure shall not be deemed to have been wrongfully obtained.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:806. Provisional seizure of vessel

RS 34:806 - Provisional seizure of vessel
Upon the filing of the petition and bond, the court shall issue an order, in the manner now or hereafter provided for the issuance of writs of provisional seizure, directed to the sheriff ordering him to provisionally seize and take into his possession the offending vessel and hold the same subject to further orders of the court, and directing at the same time that public notice be given to all persons interested to appear within fifteen days to answer the petition so presented; and thereupon the sheriff shall provisionally seize and take into his possession the offending vessel and hold her subject to the further orders of the court, and shall cause public notice thereof and of the time assigned for the filing of an answer to the petition to be given by public notice published three times within ten days in a daily newspaper of general circulation at the place where the proceeding is pending, or if there is no such newspaper then public notice shall be given in any manner that the court shall direct, by publication at any place within the state, posting or otherwise.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:807. Stay of execution; release bonds

RS 34:807 - Stay of execution; release bonds
A. In any case where a writ of provisional seizure has been issued for the seizure of such offending vessel, the sheriff shall stay the execution of process, or if the process has been levied, shall discharge the seized vessel, and deliver it to the claimant thereof if the claimant has waived objection to jurisdiction in the cause in which the writ of provisional seizure was issued, and on receiving from the claimant a bond or stipulation in an amount one and one-half times that claimed by the plaintiff, with sufficient surety to be approved by the sheriff to whom the writ of provisional seizure has been directed, conditioned to satisfy any judgment rendered in the cause in which the writ of provisional seizure has been issued.
B. However, if the suit is for unliquidated damages, the claimant of the offending vessel, in lieu of furnishing a bond in an amount one and one-half times that of the plaintiff's claim, may apply to the judge of the court in which the proceeding is pending for a reduction of the amount of the bond, and the judge is authorized in his discretion, and after such summary proceedings as he may direct, to fix the amount of the bond at that sufficient to adequately secure the payment of the injury, loss, or damage which has been suffered by the plaintiff.
C.(1) In any case where the amount claimed by the plaintiff exceeds the then fair value of the offending vessel, the claimant may without waiving objection to jurisdiction apply to the court to appoint, and thereupon the court shall appoint, two competent appraisers to ascertain the then fair value of the offending vessel and report the same to the court, reserving to either party the right to contest the valuation so fixed in a summary proceeding on competent evidence to be submitted to the court, whereupon the court shall determine the then fair value of the vessel and shall fix the bond at such sum, and if it will be less than one and one-half times the plaintiff's claim, the claimant of the offending vessel may have it delivered to him upon giving bond in the amount so fixed by the court, and any judgment rendered in said cause shall be executory only up to the amount of the bond so furnished.
(2) The release bond shall be returned by the sheriff to the court, and if the plaintiff recovers a judgment it shall be rendered in solido against the claimant of the vessel, the principal, and the surety on the release bond.
Acts 1997, No. 578, §3.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:808. Intervention of interested parties

RS 34:808 - Intervention of interested parties
Any person having any interest therein may claim the offending vessel and file an articulate verified answer to the plaintiff's petition, and thereafter the cause shall proceed contradictorily between the plaintiff and the claimant-respondent in the manner provided for the disposition of civil suits at law, except as otherwise herein specifically provided.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:809. Ex parte proceedings upon claimant's failure to answer

RS 34:809 - Ex parte proceedings upon claimant's failure to answer
If any claimant who has filed a release bond does not thereafter make due answer to the plaintiff's petition on or before the return day, the court shall on motion of the plaintiff declare the claimant in default, and thereafter the cause shall proceed ex parte, as provided for in the disposition of civil suits at law where the defendant has failed to appear and answer.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:810. Procedure when offending vessel not claimed

RS 34:810 - Procedure when offending vessel not claimed
If the offending vessel is not claimed on or before the return day of the process issued hereunder, the court shall proceed to determine the case ex parte, in the manner provided for in the disposition of civil suits at law where the defendant, after having been duly cited, does not appear and answer, and the court shall render a judgment in his favor and against the offending vessel for the amount which the plaintiff in the cause may be entitled to recover, with interest and costs, and thereupon, when the judgment will have become final within the time prescribed for the finality of judgments in civil proceedings at law, and the said judgment has not been appealed from as provided in the Code of Civil Procedure for appeals from money judgments, the plaintiff may issue execution against the offending vessel and have it seized under a writ of fieri facias and sold to pay the amount of plaintiff's judgment, with interest and costs, by preference and priority over all persons whomsoever. Any amount remaining in the hands of the sheriff after the payment of the plaintiff's judgment, with interest and costs, shall be disposed of by the sheriff as provided by the laws of Louisiana for the disposition of property in the hands of the sheriff belonging to unknown persons.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:811. Sale of vessel, procedure

RS 34:811 - Sale of vessel, procedure
If a claimant of the offending vessel does not give bond for the release thereof on or before the return day of the process, or makes application to the court to fix the amount of the bond in one of the methods provided in R.S. 34:807 and thereafter gives the bond within ten days of the date that the court will fix the amount thereof, the plaintiff may make an ex parte application to the court, and the court shall order that the vessel shall be sold at public sale in the manner provided for the sale of personal property under a writ of fieri facias, and the proceeds of said sale shall be retained by the sheriff as security to satisfy any judgment which may be rendered in the pending cause.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:813. Rules of procedure; time for appeal

RS 34:813 - Rules of procedure; time for appeal
In any proceeding hereunder, the court shall follow the rules of procedure prescribed for the trial of civil suits at law to the extent that they are not inconsistent with any provision hereof, and all appeals taken from any judgment rendered shall be taken in the time and in the method provided for appeals in civil suits at law for money demands.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:814. Sale of vessel when damaged or subject to deterioration

RS 34:814 - Sale of vessel when damaged or subject to deterioration
If any offending vessel, upon seizure by the sheriff, is in a damaged condition so that the expense of keeping the same is excessive or disproportionate, or if it is liable to be lost or suffer injury or great deterioration by being detained in custody, the court may, on the application of the sheriff or on the application of either party, order the offending vessel to be sold at public sale, without appraisement, for cash, after such advertisement and at such time and place as the court may direct; provided that prior to adjudication of the vessel at any such sale any claimant of such offending vessel may cause the same to be released from seizure and delivered to him upon appearing and giving bond in the manner hereinabove provided.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:815. Costs; stipulation for payment; insufficiency of release bond

RS 34:815 - Costs; stipulation for payment; insufficiency of release bond
In all cases the court may, on the filing of the petition or the appearance of any respondent or claimant, or at any other time, require the plaintiff or claimant or both, the State of Louisiana, the agencies and the political subdivisions thereof excepted, to give a stipulation or additional stipulation with sufficient sureties in such sum as the court shall direct to pay all costs which may be awarded against either of them by the final decree of the court or on an appeal by any appellate court. In the event that any party considers that the surety on any release bond filed has become insufficient or insolvent after the filing of the bond, on application to the court and due showing of such insufficiency or insolvency, the court shall order a proper and solvent surety to be furnished within a time to be fixed by the court; and if the bond is not filed within such delay, the party obligated to file it shall be in default and thereafter the cause shall proceed just as if no appearance had been entered by him.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:816. Time for seizure of vessel; peremption of privilege

RS 34:816 - Time for seizure of vessel; peremption of privilege
If the offending vessel is not seized within one year after the cause of action created under this Sub-part against it has arisen, the lien and privilege shall perempt, and thereafter no proceedings shall lie to enforce it; provided that the offending vessel is within the territorial jurisdiction of the State of Louisiana continuously during the ten consecutive calendar days immediately preceding the termination of the said one year period; otherwise, the lien and privilege and the proceedings to enforce it shall continue and remain in full force and effect after the termination of the one year period until the offending vessel thereafter will be continuously within the territorial jurisdiction of the State of Louisiana for ten consecutive calendar days, or for a period aggregating thirty non-consecutive calendar days, whichever will occur first, but thereafter the lien and privilege hereby created shall perempt and no further proceedings shall lie to enforce it.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:831. Pleasure craft; tolls; wharfage

RS 34:831 - Pleasure craft; tolls; wharfage
All water crafts propelled by internal combustion engines, when owned and used exclusively for pleasure purposes shall be exempt from the payment of tolls in the canals and waterways owned by the State of Louisiana when the said water craft are twenty feet in length and under.
In canals and waterways owned by the state the wharfage or dockage space charge shall not be more than twelve dollars per year on all craft coming within the meaning of this section.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:832. Wood taken by commander of vessel; payment

RS 34:832 - Wood taken by commander of vessel; payment
Whenever the captain or other person in command of any steamboat takes or causes to be taken from any woodyard, any cordwood or wood of any other kind, he shall pay the price demanded by the owner thereof. If he refuses or neglects to pay the price demanded, the owner of the boat shall pay the price thereof, together with fifty per cent. on such price, as damages resulting from the non-payment thereof. Such damages shall in no case exceed fifty dollars, unless on proof of damage to a greater extent.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:833. Proof by owner of wood taken; penalty for false affidavit

RS 34:833 - Proof by owner of wood taken; penalty for false affidavit
It shall not be necessary for the owner of wood to furnish proof of his claim against any steamboat for cordwood taken, other than his affidavit, setting forth all the material facts connected with the taking of such wood, and refusal to pay therefor, accompanied with a certificate of the judge, or of a justice of the peace, in case of the absence or death of the judge of the parish in which the affiant lives, that he is of good standing as to veracity, and is a citizen of that parish, which affidavit and certificate shall be prima facie evidence. Any person making such affidavit falsely shall be guilty of perjury, and shall, on conviction, be punished according to law.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:834. Lights on steamboats; penalty for failure to have

RS 34:834 - Lights on steamboats; penalty for failure to have
All captains or commanders of steamboats navigating lakes, rivers, or bayous within the jurisdiction of the State of Louisiana, shall, when running during the night be compelled to hoist each two lights, both on the hurricane deck, one forward, and the other at the stern, which lights shall be kept up without intermission throughout the night, under the penalty of five hundred dollars for every failure or neglect, to be recovered of the captain or other commanding officer of such steamboat, one-half of which penalty shall be for the use of the informer.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:835. Vessels in Atchafalaya bay; discharge of ballast; penalty for unlawful discharge

RS 34:835 - Vessels in Atchafalaya bay; discharge of ballast; penalty for unlawful discharge
No one in command of any vessel arriving in the Atchafalaya bay in less than five fathoms of water, having ballast on board, shall discharge any portion thereof into the bay, nor into water near thereto having a depth of less than five fathoms; the ballast of such vessels shall be discharged at such place or places as shall be designated to them, by the persons appointed to superintend the discharging of the ballast from on board all vessels that may come into the waters of the said bay.
Whoever violates the foregoing provisions as to the manner of discharging ballast, shall be punished by a fine not exceeding five hundred dollars and not less than two hundred dollars.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:836. Atchafalaya pilots as ballast masters; duties; penalty for failure to perform

RS 34:836 - Atchafalaya pilots as ballast masters; duties; penalty for failure to perform
The pilots of the Atchafalaya bay and river, shall be ex officio ballast masters, whose duty it shall be to carry into effect the provisions of R.S. 34:835 through R.S. 34:839, in relation to the discharging of ballast in the waters of the Atchafalaya bay and river; any pilot refusing or neglecting to perform the services imposed on him may be prosecuted every time he may so offend, and shall be punished by a fine not exceeding two hundred dollars and not less than one hundred dollars.
All of the pilots, or a majority of them, shall determine upon a suitable place or places, where all vessels which may receive their cargoes or a part of them in the bay, shall be required to discharge their ballast, and the pilots shall mark out by stakes the place or places which they select for such purpose.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:837. Vessels entering Atchafalaya bay; place of taking pilot; duty of pilot

RS 34:837 - Vessels entering Atchafalaya bay; place of taking pilot; duty of pilot
All vessels coming in from sea to the Atchafalaya bay, for the purpose of receiving cargo, shall take a pilot on board when he offers his services outside of the reefs. The pilot shall examine whether the vessel has any ballast on board, and when ballast is found, the vessel shall be conducted by said pilot to the place selected for the discharging of ballast, where the captain or master of said vessel must discharge his ballast; if the vessel has no ballast on board she shall be conducted by the pilot to the usual anchorage.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:838. Vessels going into Atchafalaya River; discharge of ballast; penalty for unlawful discharge

RS 34:838 - Vessels going into Atchafalaya River; discharge of ballast; penalty for unlawful discharge
All vessels which may hereafter come into the Atchafalaya bay, with the intention of going, and do actually go, into the Atchafalaya river, shall not discharge their ballast in the bay, but must discharge their ballast on the banks of the river, or on the banks of some of the bayous connected therewith. Whoever discharges the ballast of such vessels in the bed of the river or in the waters of the bay, having a depth of less than five fathoms, shall be fined not more than five hundred, nor less than two hundred dollars.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:839. Proceedings before justices of the peace for violations

RS 34:839 - Proceedings before justices of the peace for violations
Whenever any person makes complaint under oath to any justice of the peace, that the captain, master or owner of any vessel, or that a pilot has violated any of the provisions of R.S. 34:836 through 34:839, the justice of the peace shall cause the person thus complained of to be brought before him, and if satisfied, from the evidence, that there is a probable cause for the complaint, he shall take a bond, with good security from the accused, in the sum of six hundred dollars, for his appearance at the next regular term of the district court of the parish where the offense has been committed, and if the accused refuses, neglects, or fails from any cause whatsoever to give such a bond, the justice of the peace shall commit the accused to the parish prison to be detained therein until discharged by due course of law.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:840. Discharge of grading material into Mississippi River; penalty

RS 34:840 - Discharge of grading material into Mississippi River; penalty
Any master or mate of any vessel, or other person who causes to be discharged into the Mississippi river or any of its tributaries, any ballast, gravel, sand or other material used for or suitable for filling or grading purposes, shall be fined not less than ten dollars and not more than one hundred dollars, and imprisoned not less than ten days and not more than thirty days or both. The enforcement of this Section shall not interfere with public works, the building of jetties, stopping of crevasses, or the enforcement of health ordinances.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:841. Blowing the stacks prohibited

RS 34:841 - Blowing the stacks prohibited
It shall be unlawful for the captain or pilot or anyone acting under the orders thereof of any vessel, as defined in R.S. 34:801, operating a vessel on the Mississippi River to "blow the stacks" on the vessel while the vessel is in port. As used in this Section to "blow the stacks" means to clean out the conduits and pipes of the vessel by the use of compressed air or steam from the boilers in such a manner that smoke, soot, oil residue, or other pollutants are released through the stacks of the vessel into the air.
Whoever violates the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned for not more than six months, or both.
Added by Acts 1975, No. 579, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:842. Captains and/or helmsmen of barge towing vessels on Lake Pontchartrain; penalty

RS 34:842 - Captains and/or helmsmen of barge towing vessels on Lake Pontchartrain; penalty
A. No captain and/or helmsman of any vessel towing or pushing barges on Lake Pontchartrain shall be on duty for more than twelve hours in any twenty-four hour period except in case of emergency.
B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars. On a second or subsequent conviction for violation of the provisions of this Section, the offender shall be fined not more than one thousand dollars.
Added by Acts 1975, No. 121, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:844. Water intake zone restrictions

RS 34:844 - Water intake zone restrictions
A. It shall be unlawful for any person on a vessel, as defined in R.S. 34:801, to discharge any substance from the vessel in a water intake zone or to operate a vessel in a water intake zone in such a manner as to roil the water, or disturb sediment, or otherwise cause the water to become more turbid, or to physically damage or attach any vessel or object to any water intake structure or facility.
B. As used in this Section, water intake zone means an area surrounding a raw water intake facility for any public water purification system or other public facility producing potable water supplies which area on a river, stream, or bayou shall have a length of not more than five hundred feet upstream and not more than five hundred feet downstream of the water intake facility and a width as follows: fifty feet toward the midstream side of the water intake facility and that portion of the river, between the water intake facility and the bank, batture, or shoreline. For such facilities on a lake or reservoir, the area shall be a three hundred foot radius around the water intake and on that portion of the water body the width of that diameter between the water intake facility and the bank or shoreline.
C.(1) Any person who violates any provisions of this Section shall be subject to a fine of five hundred dollars or imprisonment not to exceed six months or both.
Each day of continuing violation constitutes a separate offense.
(2) No fines or penalties shall be imposed until water intake zones are appropriately designated.
Acts 1991, No. 601, §2, eff. July 16, 1991; Acts 2010, No. 312, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.2. Definitions

RS 34:851.2 - Definitions
As used in this Part unless the context requires a different meaning:
(1) "Commission" means the Louisiana Wildlife and Fisheries Commission.
(2) "Houseboat" means a vessel constructed for the primary purpose of a temporary or permanent dwelling without an effective means of propulsion for safe navigation.
(3) "HP" means the manufacturer's rated horsepower.
(4) "Motorboat" means any vessel equipped with or propelled by any type of machinery whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto, unless the vessel is a recreational use vessel.
(5) "Operate" means to navigate or otherwise use a motorboat or vessel.
(6) "Owner" means a person, other than a lien holder, having a property interest in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(7) "Person" means an individual, partnership, firm, corporation, association, or other entity.
(8) "Prohibited zone" means an area paralleling each side of the entire length of the Lake Pontchartrain Causeway Bridge and extending outward for a distance of one mile from both the most easterly and westerly outboard sides of the causeway bridge twin spans.
(9) "Sailboat" means any watercraft propelled by sail or canvas. For the purpose of this Part, any watercraft propelled by both sail or canvas and machinery of any sort shall be deemed a motorboat when being so propelled.
(10) "Secretary" means the secretary of the Department of Wildlife and Fisheries.
(11) "Vessel" means watercraft and air boats of every description, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(12) "Watercraft" means any contrivance used or designated for navigation on water.
(13) "Waters of the state" means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state.
Acts 1960, No. 43, §2; Amended by Acts 1975, No. 321, §1, eff. Aug. 1, 1975; Acts 1984, No. 288, §1; Acts 1988, No. 552, §1, eff. July 14, 1988; Acts 2005, No. 133, §1, eff. June 22, 2005; Acts 2008, No. 35, §1; Acts 2009, No. 52, §1; Acts 2018, No. 628, §1.
NOTE: SEE ACTS 1988, NO. 552, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.3. Application and justification

RS 34:851.3 - Application and justification
The provisions of this Part shall be applicable to all watercraft operating on all of the waterways of this state. The provisions of this Part shall be construed to supplement federal laws and regulations when not expressly inconsistent therewith on all waterways where such federal laws and regulations are applicable.
Acts 1960, No. 43, §3. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.6. Negligent homicide

RS 34:851.6 - Negligent homicide
Any person who by the operation of any watercraft at an immoderate rate of speed or in a careless, reckless, or negligent manner shall cause the death of another shall be guilty of the crime of negligent homicide, punishable by imprisonment of not more than one year, or by a fine of not more than one thousand dollars, or both.
Acts 1960, No. 43, §6. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.7. Interference with navigation

RS 34:851.7 - Interference with navigation
No person shall operate any watercraft in a manner which shall unreasonably or unnecessarily interfere with other watercraft or with the free and proper navigation of the waterways of the state. Anchoring under bridges or in heavily traveled channels shall constitute such interference if unreasonable under the prevailing circumstances.
Acts 1960, No. 43, §7. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.8. Operating a watercraft during suspension

RS 34:851.8 - Operating a watercraft during suspension
No person shall operate a watercraft upon the waterways of this state during the period of his suspension or revocation of the privilege of such operation pursuant to R.S. 32:414 or 667.
Acts 2009, No. 513, §2.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.9. Incapacity of operator

RS 34:851.9 - Incapacity of operator
It shall be unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft under the prevailing circumstances.
Acts 1960, No. 43, §9. Amended by Acts 1980, No. 381, §1; Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.12. Overpowering

RS 34:851.12 - Overpowering
No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity taking into consideration the type and construction of such watercraft and other existing operating conditions.
Acts 1960, No. 43, §12. Amended by Acts 1981, No. 428, §1; Acts 1983, No. 349, §1; Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.13. Riding on decks and gunwales

RS 34:851.13 - Riding on decks and gunwales
No person operating a motor boat of twenty-six feet or less in length shall allow any person to ride or sit on either the starboard or port gunwales thereof or on the decking over the bow of the vessel while underway unless such motorboat is provided with adequate guards or railing to prevent passengers from being lost overboard. Nothing in this Section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor the watercraft to a mooring buoy or to cast off from such a buoy or for any other necessary purpose.
Acts 1960, No. 43, §13. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.14. Restricted areas

RS 34:851.14 - Restricted areas
No person shall operate a watercraft within a water area which has been clearly marked, in accordance with and as authorized by the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; however, this Section shall not apply in the case of an emergency or to patrol or rescue craft.
Acts 1960, No. 43, §14. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.14.1. Closure of waterways

RS 34:851.14.1 - Closure of waterways
A. In an emergency or disaster, as defined in R.S. 29:723, the secretary may close any waterway, other than navigable waters of the United States as set forth in 33 CFR Part 2, to boating access, travel, or use or may restrict the type of use including issuing no wake zones in any reasonable manner. Such closure or restriction shall be for a period of time not to extend beyond the seventh day following the next meeting of the Wildlife and Fisheries Commission.
B. Any such closure or restricted use shall be made by an order issued by the secretary in the same manner as issuance of an emergency rule as provided in R.S. 49:962. Such order shall be subject to oversight by the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources in accordance with R.S. 49:962. The order authorized in this Section shall specify a closure or a type of restriction, a description of the area subject to the order, and the reason for the emergency action. Upon issuance of any such order, no person shall operate a vessel contrary to the provisions of the order.
C. Violation of any order authorized by this Section constitutes a class three violation, as specified in R.S. 56:33.
Acts 2010, No. 46, §1, eff. May 26, 2010; Acts 2021, No. 211, §8.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.14.2. Safety and security zones

RS 34:851.14.2 - Safety and security zones
A. For the purposes of this Section, the following terms shall have the following meanings:
(1) A "safety zone" shall mean a zone established for the protection of any vessel, structure, waters, or shore area from a safety or environmental hazard and shall include a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. The zone may be stationary and described by fixed limits, or it may be described as a zone around a vessel in motion.
(2) A "security zone" shall mean a zone established for national security interests and shall include all areas of land or water which are so designated by the captain of the port for such time as he deems necessary to prevent damages or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the state or to secure the observance of the rights and obligations of the state.
B. No person shall violate any restriction of a safety zone or security zone established pursuant to rules and regulations promulgated by the United States Coast Guard under authority granted by the Ports and Waterways Safety Act, 33 U.S.C. 1231, or the Magnuson Act, 50 U.S.C. 191.
C.(1) Whoever knowingly violates or should have known he violated the restriction of a safety zone shall be subject to the penalty provisions of a class two violation as specified in R.S. 56:32.
(2) Whoever knowingly violates or should have known he violated the restriction of a security zone shall be fined not more than nine hundred fifty dollars or imprisoned for not more than one hundred twenty days, or both.
Acts 2010, No. 47, §1, eff. May 26, 2010.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.15. Waterskiing

RS 34:851.15 - Waterskiing
A.(1) No motorboat which shall have in tow or shall be otherwise assisting a person on water-skis, surfboard, or similar contrivance shall be operated or propelled in or upon any waterway unless such motorboat shall be occupied by at least two competent persons.
(2)(a) This Subsection shall not apply to motorboats used by representatives of duly constituted water-ski schools in the giving of instruction or to motorboats used in duly authorized water-ski tournaments, competitions, expositions, or trials therefor if applicable permit has been obtained from the department or the United States Coast Guard.
(b) This Subsection shall not apply to a motorboat being operated by a person sixteen years old or older, which is equipped with a wide-angle convex marine rearview mirror of a minimum size of seven inches by fourteen inches in a position to observe the skiers being towed.
(c) Repealed by Acts 2008, No. 34, §1.
B. No motorboat shall have in tow or shall be otherwise assisting a person on water skis, surfboard, or similar contrivance from the period of one hour after sunset to one hour prior to sunrise; however, this Subsection shall not apply to motorboats used in duly authorized water ski tournaments, competitions, expositions, or trials therefor.
C. All motorboats having in tow or otherwise assisting a person on water skis, surfboard, or similar contrivance shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.
D. No motorboat shall have in tow or shall be otherwise assisting a person on water skis, surfboard, or similar contrivance on that portion of Lake Louis in Catahoula Parish from latitude 31degrees 47 minutes 42.6 seconds, longitude N. 91degrees 40 minutes 57.7 seconds W., known locally as the "Rocks", southward on Bayou Louis. Additionally, no person shall operate a personal watercraft, as defined in R.S. 34:855.2, above bare steerage speed, the slowest speed the vessel can travel while allowing the operator to maintain directional control to produce the minimum water surface turbulence, in the portion of Lake Louis and Bayou Louis provided for in this Subsection.
Acts 1960, No. 43, §15. Amended by Acts 1978, No. 367, §1; Acts 1982, No. 411, §2; Acts 1984, No. 288, §1; Acts 1999, No. 1001, §1; Acts 2008, No. 34, §1; Acts 2014, No. 66, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.16. Mufflers

RS 34:851.16 - Mufflers
It shall be unlawful to use a motorboat unless the same is provided with an efficient muffler, underwater exhaust, or other modern device capable of adequately muffling the sound of the exhaust of the engine.
Acts 1960, No. 43, §16. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.17. Racing

RS 34:851.17 - Racing
Nothing in the provisions of this Part shall be construed to mean that the operator of a watercraft competing in a race or regatta or trials therefor, which is duly authorized by an appropriate governmental unit, shall not attempt to attain high speeds on an indicated racing course nor while so engaged shall such watercraft be required to comply with R.S. 34:851.16 and 34:851.24(B), (C), (D), (E), (G), (H), and (I).
Added by Acts 1978, No. 775, §1. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.18. Owner's responsibility; presumption of owner's consent to operate

RS 34:851.18 - Owner's responsibility; presumption of owner's consent to operate
A. The owner of a watercraft shall be liable for any injury or damage occasioned by the negligent operation of such watercraft whether such negligence consists of a violation of the provisions of the statutes of this state or in the failure to observe such ordinary care in such operation as the rules of the common law require.
B. The owner shall not be liable, however, unless such watercraft is being used with his or her express or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of his or her husband, wife, father, mother, brother, sister, son, daughter, or other immediate member of the family.
Added by Acts 1981, No. 428, §1. Acts 1984, No. 288, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:851.19. Operation of unnumbered motorboats, houseboats, or sailboats prohibited; exception

RS 34:851.19 - Operation of unnumbered motorboats, houseboats, or sailboats prohibited; exception
Every motorboat, houseboat, or sailboat operated on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat, houseboat, or sailboat on such waters unless the motorboat, houseboat, or sailboat is numbered in accordance with this Part or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state, and unless the certificate of number awarded to the motorboat, houseboat, or sailboat is in full force and effect, and the identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat, houseboat, or sailboat as provided in this Part.
Acts 1990, No. 894, §1; Acts 2008, No. 35, §1; Acts 2009, No. 52, §1; Acts 2018, No. 628, §1.