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NEW
LAWS AFFECT RECREATIONAL AND COMMERCIAL USERS
By: Capt. Irvin “Sandy” Dares, Region 8 Enforcement
A number of laws which will impact hunters and fishermen were passed during the recently ended 2001 legislative session. While the following summary is by no means comprehensive, the new laws which will impact the most people are summarized below. For more information, contact your local DWF office or use the Internet to see all state laws at www.legis.state.la.us.
HUNTINGAct 27 authorizes the use of magnifying scopes on muzzleloaders during the primitive weapons season. Formerly in Louisiana, the use of magnifying scopes on muzzleloaders during muzzleloader season was limited to those over age 60. Magnifying scopes are already legal on muzzleloaders during modern firearms seasons. Act 1210 provides conditions in which a dog may be used to trail a wounded deer. The dog must be leashed, and must have a collar with the owners name, address and telephone number. After legal shooting hours, persons trailing a wounded deer with a dog may not carry any firearm. Act 226 allows the Wildlife and Fisheries Commission to set a recreational season for nutria. It has been set for Sept. 1 until February 28. Licensed hunters may take nutria with weapons legal for small game and no bag limit, during legal hours only. Nutria may be pelted and/or sold only by licensed trappers during trapping season. NOTE: Does not authorize taking nutria from private lands without the permission of the landowner. Act 223 exempts active or veteran members of the Unites States Armed Forces and POST certified law enforcement officers from hunter education requirements; < style="mso-bidi-font-weight: normal">however, application for this exemption must be filed in person at the DWF office in Baton Rouge.
RECREATIONAL FISHINGAct 30 allows recreational fishermen to obtain a gear license for $20, to use up to three hoop nets to take catfish in areas north of I-12 from the Mississippi State line to Baton Rouge, north of US Highway 190 from Baton Rouge to Ragley, and in areas north of US Highway 12 from Ragley to the Texas State Line. Act 1210 changes the freshwater/saltwater line in Cameron and Vermillion Parishes. Act 150 requires all saltwater fin fish except gar and swordfish, to be landed intact. Requires tuna to retain the caudal fin intact until landed. For tuna with size limits, the head may be removed but carcass length without the head must exceed the minimum size. Swordfish and shark may not be skinned until landed. BOATING Act 247 provides for driver’s license suspensions for driving a motor powered craft while intoxicated. COMMERCIAL FISHINGAct 83 provides brown shrimp season in Zone 2 to open no later than the third Monday in May, and requires closure to be based upon biological and technical data.. Act 87 clarifies the 16’ horizontal by 12’ vertical maximum size of skimmer net frames, and mandates a diagonal measure of no more than 20’ to eliminate kick-out. Clarifies that bracing will not be measured, but the net must be tied to the legal 16’ by 12’ legal frame. Act 51 declares the waters of the Intracoastal Waterway from the overhead power lines at the Inner Harbor Navigation Canal (Industrial Canal) in New Orleans east to the Rigolets to be considered fresh or saltwater for the purposes of fishing. This will allow mullet gill netters to operate in this area, which was formerly closed to mullet gill netting. Prohibits commercial fishing operations from interfering with normal commercial traffic. Act 51 also allows mullet gill netting in a portion of Lake Pontchartrain which is part of the Lake Pontchartrain and Lake Catherine Sanctuary, specifically that area of Lake Pontchartrain south and east of the Interstate 10 (Twin Spans) Bridges. Acts 147 and 271 create a “three strikes and you are out” penalty system for violations of the commercial fishing laws for mullet and spotted sea trout. Conviction carries a Class 6 penalty, and in addition for first offense also requires revocation of the license and/or permit, and bars obtaining new licenses and/or permits for one year; second offense revokes the license and/or permit, and bars obtaining new licenses or permits for two years; and third offense revokes the license and/or permit and results in being forever barred from obtaining licenses or permits, or from participating in the fishery. Act 148 makes corrections to some latitude and longitude coordinates for the area of Breton and Chandeleur Sounds (Zone 1) in which shrimpers are allowed to use up to two 65 foot trawls. This was necessary due to erosion and misprints, and will clarify the boundaries. Act 149 defines bandit and long line gear and prohibits their use in state waters. Long lines are defined as over 440 yards and trot-lines are defined as less than 440 yards. Bandit gear means vertical hook-and-line gear with rods attached to a vessel and with line retrieved by manual, electric or hydraulic reels. Act 153 prohibits the use of pompano strike nets within 2,500 feet of any land in the designated area of Chandeleur and Breton Sounds where they are allowed to operate. Act 163 increases the minimum size for stone crab claws to 2-3/4”, and requires stone crabs to be returned to the waters from which they were taken once the claw is removed. Act 333 allows hoop nets without leads to be left unattended in saltwater areas for the sole purpose of taking catfish. Act 548 changes the freshwater/saltwater line in Cameron and Vermillion Parishes. Act 150 requires all saltwater fin fish except tuna, garfish, swordfish and sharks to have head and caudal fin intact until landed. Tuna with a minimum size may have the head removed, as long as the carcass length exceeds the minimum size. Swordfish and sharks shall not be skinned until landed. Garfish must retain a strip of skin for identification purposes until landed. Act 150 also continues the requirement of a shark permit for commercial shark fishermen, eliminates the special reporting requirements, and sets up a “three strikes and you are out” permit and license revocation penalty system for shark violations. LICENSING Act 19 reduces the non-resident saltwater fishing license from $50 to $30. Act 448 sets new reduced fees for non-resident fishing licenses. Under this act, a one day basic and saltwater fishing license is now $20; a four day basic and saltwater fishing license is $60, and a season permit for basic and saltwater fishing is $90. Act 901 allows a resident to purchase a trip license to fish with a licensed charter guide for the same $5.00 fee as a non-resident. Act 151 and 186 extend the WMA hunting permit privilege to holders of the senior hunting and fishing license and of the lifetime hunting or lifetime combination licenses. Act 902 requires persons who act as or represent themselves as saltwater charter guides to be licensed as such. Act 449 provides a new class of charter licenses for certain head boat operations that use mother ships and smaller vessels for persons to fish without a licensed guide on board. Mandates possession of copies of the charter boat and charter skiff licenses, as well as a $30 fishing license for up to three consecutive days. Other acts provide for special reduced fees for non-resident members of the press, and special license fees for non-resident full-time students at Louisiana colleges who are from states which offer the same privileges to Louisiana students attending college in those states. Several bills were passed to enhance the ability of DWF to collect civil fines. These include additional penalties, hearing costs, and civil proceedings (lawsuits and judgments). Also passed were provisions for the immediate revocation of licenses and privileges upon failure to appear or pay, and a law which makes the citation a legal notice of the hearing date and time. Another act allows the DWF to set up an electronic payment system. DWF was able to successfully address many problems in the past session, and special thanks are due to the employees who worked on legislative proposals and the passage of these laws, to the legislators who sponsored and passed the laws, and to the citizens and organizations which supported our efforts.
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