2014 Louisiana Laws
Revised Statutes
TITLE 56 - Wildlife and Fisheries
RS 56:57.2 - Turtle excluder devices; findings; enforcement of federal requirements; rules and regulations

§57.2. Turtle excluder devices; findings; enforcement of federal requirements; rules and regulations

NOTE: AS ENACTED BY ACTS 1987, NO. 283, §1, EFF. JULY 5, 1987:

A.(1) The National Marine Fisheries Service proposes regulations to require that all shrimp trawls over thirty feet in length, both recreational and commercial, be equipped with turtle excluder devices, hereinafter referred to as TEDs', and has recommended that such regulations be phased in starting July 15, 1987. The legislature recognizes that the imposition of TEDs on Louisiana shrimpers is unjustified, inequitable, and unworkable for the following reasons:

(a) There is little information to conclude that shrimping is a significant causal factor in sea turtle mortality, especially in Louisiana inshore waters.

(b) Factors other than shrimping are contributing to the decrease in sea turtle populations.

(c) Data is available that the nesting population of sea turtles is increasing.

(d) TEDs have not been tested in Louisiana inshore waters to determine their effectiveness in excluding turtles or their efficiency in harvesting shrimp.

(e) The effect of TEDs on the shrimping industry and on the economy of the state as a whole will be severe.

(2) It is, therefore, the purpose of this Section to prevent the unjustified, inequitable, and unworkable imposition of TEDs on Louisiana shrimpers by prohibiting the enforcement of federal regulations relative thereto until the requirements set forth in Subsection B of this Section have been satisfied.

B. The department shall not enforce any federal law or regulation which requires any commercial or recreational fishermen to use TEDs in Louisiana waters until the following conditions have been satisfied:

(1) More accurate and factual information has been developed to show that shrimpers in Louisiana waters contribute significantly to the mortality of sea turtles.

(2) It has been demonstrated that the use of TEDs will appreciably prevent turtle capture in the special conditions which predominate in Louisiana's inshore waters.

(3) TEDs have been thoroughly and scientifically tested in Louisiana waters under normal shrimping conditions.

(4) TEDs will work efficiently with no loss of shrimp.

(5) TEDs will not endanger the life and safety of shrimpers.

(6) The federal government engages in good faith efforts to develop alternative methods to foster sea turtle populations.

C. At such time that the department obtains adequate data and information to meet all conditions set forth in Subsection B of this Section, the department shall present such data and information to the legislature and, subject to approval thereby, shall promulgate rules and regulations to enforce federal requirements for TEDs.

D. If any federal law is enacted to mandate the use of TEDs the legislature directs the attorney general to file a class action suit on behalf of the people of this state to enjoin the implementation of said law.

§57.2. Enforcement of certain federal device requirements prohibited until specific conditions satisfied; rules and regulations

NOTE: AS ENACTED BY ACTS 1987, NO. 891, §1, EFF. JULY 20, 1987:

A. The department shall not enforce any federal law which requires the use of turtle exclusion devices by commercial fishermen in Louisiana waters until such devices have been thoroughly and scientifically tested; have been proven to work efficiently with an acceptable amount of loss of commercial catch; have been shown not to cause damage to the state's waterbottoms or other fishery structures or resources; and it has been demonstrated that the use of such devices will appreciably contribute to the attainment of a specific goal.

B. At such time that the department obtains sufficient information to meet the conditions in Subsection A for requiring commercial fishermen in Louisiana waters to use turtle exclusion devices, the department shall promulgate rules and regulations to require such devices. Any rules and regulations promulgated pursuant to this Section shall be subject to the Administrative Procedure Act, R.S. 49:950 et seq.

Acts 1987, No. 283, §1, eff. July 5, 1987; Acts 1987, No. 891, §1, eff. July 20, 1987.