2014 Louisiana Laws
Revised Statutes
TITLE 56 - Wildlife and Fisheries
RS 56:497 - Saltwater shrimp seasons; bait shrimp

§497. Saltwater shrimp seasons; bait shrimp

A.(1) No person shall take, have in possession, sell, or offer for sale any saltwater shrimp taken from state waters except in open seasons.

(2) The open seasons for all or part of the state waters shall be fixed by the commission. The commission, through the secretary, shall close the season based on biological and technical data. In addition, notwithstanding the provisions of R.S. 56:499, when opening a special shrimp season or extending a regular shrimp season, the commission shall have the authority for the duration of that season or extension to increase the minimum mesh size provided in R.S. 56:499 for any trawl, skimmer net, or butterfly net.

(3) The commission shall have the authority to open or close outside waters by zone each year as it deems appropriate upon inspection of and based upon technical and biological data which indicates that marketable shrimp, in sufficient quantities, are available for harvest.

(4) The commission shall conduct a public hearing prior to determining whether or not to open or close a regular or special season. The commission shall give at least three days notice prior to the hearing on the decision to open or close a regular shrimp season and at least three days notice prior to the hearing on the decision to open or close a special season. Notice shall consist of a news release to the news media. The notice shall set forth the agenda and the date, time, and place for each hearing. At the public hearing, the commission shall adopt written reasons for its decision and such reasons shall specify the biological and technical data on which the decision is based and the market standard by which the data is evaluated. Such decision shall not be effective until at least seventy-two hours after the decision is made.

(5) The closing of outside waters to shrimping shall not be construed as prohibiting or otherwise affecting the trawling for finfish or underutilized species as defined in R.S. 56:8.

(6) The commission shall also have the right to set special shrimp seasons for all or part of the state waters. Opening of the seasons shall be based upon the best biological and technical data presented to the commission which indicates that marketable shrimp, in sufficient quantities, are available for harvest.

(7) The commission shall fix no less than two open seasons each calendar year for all inside waters by zone, based upon biological and technical data which indicates that marketable shrimp, in sufficient quantities, are available for harvest.

(8) No open season date shall begin on a Sunday.

(9) The commission may delegate to the secretary the powers, duties, and authority provided by this Section.

B.(1) Saltwater shrimp legally taken and processed within the state may be bought and sold at any time. Saltwater shrimp in their fresh state legally taken during the open seasons in state waters may be possessed for five days following the last day of each open season.

(2) Bait shrimp may be taken in state waters during the closed seasons, but only in cast nets; dip nets with a diameter not to exceed three feet operated only by hand without any mechanical device or pulley whatsoever; bait traps; and bait seines in compliance with R.S. 56:323 and 500(B). No shrimp may be taken in state waters during closed seasons with the use of a butterfly net, paupier, skimmer net, trawl, night trawl, or beam trawl except as set forth in this Subpart.

C.(1) The Louisiana Wildlife and Fisheries Commission is authorized to adopt rules and regulations under the Administrative Procedure Act to provide for an annual special bait dealers permit and to allow the taking of live bait shrimp and live croaker by qualified permit holders during the closed shrimp season. The fee for such permit shall be one hundred ten dollars per year. All revenues received through the sale of such permits shall be used for the administration of the bait dealer program.

(2) Violations of the bait shrimp regulations shall constitute a class four violation. In addition, the permittee shall forfeit the permit and any bond posted for the permit and shall be ineligible for a bait shrimp permit for one year from the date of conviction.

D. Violation of any of the provisions of this Section shall constitute a class four violation.

Amended by Acts 1954, No. 348, §1; Acts 1958, No. 53, §4; Acts 1962, No. 452, §3; Acts 1964, No. 490, §1; Acts 1966, No. 54, §1; Acts 1968, Ex.Sess., No. 53, §1; Acts 1969, No. 60, §1; Acts 1970, No. 504, §1; Acts 1974, No. 490, §1; Acts 1976, No. 238, §1; Acts 1984, No. 300, §1; Acts 1984, No. 692, §1; Acts 1984, No. 120, §1; Acts 1986, No. 570, §1; Acts 1987, No. 576, §1; H.C.R. No. 136, 1987 R.S.; Acts 1988, No. 893, §1, eff. July 21, 1988; Acts 1989, No. 510, §1; Acts 1992, No. 528, §1, eff. June 29, 1992; Acts 1995, No. 1080, §1; Acts 1997, No. 277, §1; Acts 1997, No. 871, §1, eff. May 15, 1998; Acts 1999, No. 185, §1; Acts 2001, No. 83, §1, eff. May 24, 2001; Acts 2004, No. 162, §1; Acts 2009, No. 115, §1; Acts 2012, No. 83, §1.