LEGISLATIVE SEASON IS UPON US

By Major Sandy Dares

Wildlife agents deal with a great variety of seasonal activity. We have hunting seasons, shrimping seasons, oyster seasons, mullet seasons, and many others seasons to work. These seasons keep agents very busy, and in much the same way, the legislative season keeps the Headquarters and administrative staff of the Department very busy.

The Louisiana legislature will be in session beginning March 31, 2003, and running into late June. Every other year, the session is "fiscal only". This means that in the fiscal sessions, only monetary issues are heard. This year, however, is a regular session year, in which other types of bills may be considered. It is in these regular sessions that there is an opportunity to pass new laws pertaining to natural resource, fish and wildlife issues. Regular sessions allow the Department to propose changes to laws which are flawed or no longer necessary. It is also a time when great vigilance is required, to make sure that a bill does not pass which could adversely affect the resources or the Department.

The Department prepares and submits bills for inclusion in the Governor’s administration legislative package. These bills are based upon staff recommendations to address problems or issues which it feels are necessary to address regarding fish and wildlife. Some are corrective in nature, seeking to close loopholes or correct flawed language, while others may be new legislation to address new situations. In each instance, consideration must be given to social, political, economic and resource ramifications.

In addition to the bills submitted by the Department, many legislators also introduce bills which address fish and wildlife concerns. Most are championed by special interest groups, and often these are opposed by other special interest groups. The Department must review these and evaluate their effect. Often, biologists or enforcement personnel will be invited to testify before legislative committees. Sometimes, legislators will work closely with Department staff to draft bills which do not place an undue burden on or interfere with Department programs. And sometimes bills are submitted which could cause tremendous problems for the Department.

Sometimes bills are submitted, and even passed, to benefit a single individual. At other times, simply changing one word, or even one comma, can change the meaning of a bill. A totally unrelated amendment might be added to a bill at the last minute. Constant vigilance is required to stay on top of the many ways in which bills can be changed.

Many of the major controversies over fish and wildlife resources are not really biological or enforcement in nature, but involve socio-economic issues. For example, there may be enough of a resource to support recreational and commercial harvests, but the fight may be over who gets to harvest the most of that resource and by what method or methods. A resource might be plentiful enough to support certain methods of taking, but those methods may be socially unacceptable. The Department is often at the center of these battles.

Another common concern is when a law will not threaten the biological status of a species, but does create an enforcement dilemma. Sometimes, laws are passed which are not enforceable, or which are not prosecutable. The public may expect such a law to solve a problem, while enforcement administrators and prosecutors know that the law cannot be enforced, thus rendering it ineffectual. Other laws may allow activities which undermine an agent’s ability to protect certain species or enforce other laws.

When an agent or supervisor recognizes an enforcement problem, he can submit a suggestion through the chain of command to correct the problem. Because they spend the most time in court as cases are prosecuted, field agents often become aware of loopholes or enforcement problems before supervisors or administrators. The Department usually has a number of corrective bills which originate from the field.

The legislative process is many things - a chance to fix problems, address concerns, or enhance programs. It can result in a sense of accomplishment or great frustration. It is a necessary part of resource management and law enforcement, and one of the many tasks which our department faces in the accomplishment of its mission to protect and reserve Louisiana’s natural resources and fish and wildlife habitat.