RS 305 - Commercial gear license; issuance to certain nonresidents prohibited; moratorium on certain new gear licenses; renewals
A. A commercial fisherman must possess a commercial gear license indicating that the applicable gear fee has been paid whenever using or possessing on the fishing grounds any gear listed in Subsection B, below.
B. Residents shall pay a commercial gear fee as follows:
(1) Shrimp Gear:
(a) Butterfly nets: twenty-five dollars for each butterfly net.
(b) Skimmer nets: twenty-five dollars for each skimmer net.
(c) Trawls: twenty-five dollars for each trawl, except no fee is required for use of a test trawl, as defined by R.S. 56:495.1(A), when used with another trawl for which the gear fee has been paid.
(d) Freshwater shrimp net: twenty-five dollars to use a freshwater shrimp net in accordance with R.S. 56:501.
(e) All revenue collected from the sale of shrimp gear fees established in this Paragraph, or from nonresident shrimp gear fees collected pursuant to Paragraph (C)(1) of this Section, shall be credited to the Shrimp Development and Management Account as provided in R.S. 56:10(B)(1)(b)(ii).
(2) Oyster Gear:
(a) Oyster tongs: fifty dollars for each oyster tong.
(b) Oyster scrapers: fifty dollars for each scraper.
(c) All revenue collected from the sale of oyster gear fees established in this Paragraph, or from nonresident oyster gear fees collected pursuant to Paragraph (C)(1) of this Section, shall be credited to the Oyster Resource Management Account as provided in R.S. 56:10(B)(4).
(3) Crab Gear:
(a) Crab traps: fifty dollars for the privilege of using crab traps to fish commercially.
(b) All revenue collected from the sale of crab gear fees established in this Paragraph, or from nonresident crab gear fees collected pursuant to Paragraph (C)(1) of this Section, shall be credited to the Crab Development, Management, and Derelict Crab Trap Removal Account as provided in R.S. 56:10(B)(1)(e).
(4) Saltwater Finfish Gear:
(a) Mullet strike net: three hundred dollars per mullet strike net that may be used only during the special mullet season defined in R.S. 56:333.
(b) Pompano strike net: three hundred dollars per pompano strike net that may be used only during the special pompano season defined in R.S. 56:325.4 and 406.
(c) All commercial gear licenses as provided for in Subparagraphs (a) and (b) of this Paragraph issued to all qualified nonresidents shall be one thousand two hundred dollars.
(d) Rod and reel: three hundred fifty dollars to fish in the saltwater areas of the state as defined in R.S. 56:322(A) and (B). The department may issue a saltwater commercial rod and reel gear license to each applicant only if the following conditions have been met:
(i) The applicant must provide positive proof that they held a valid commercial gear license for gill nets during any two years of the years 1995, 1994, and 1993.
(ii) The applicant must provide positive proof, in the form of unamended original state and federal income tax returns, including Schedule C of the federal 1040 form, submitted in accordance with procedures established by the commission, that the applicant has derived more than fifty percent of his earned income from the capture and sale of seafood species in at least two of the three years 1995, 1994, or 1993.
(e) Purse seines/menhaden seines: two thousand dollars for each purse seine in use.
(f) Other saltwater gear: fifty dollars to use any legal number of commercial cast nets with a radius in excess of eight feet six inches, hoop nets, or other legal gear for use in the saltwater areas of the state as defined in R.S. 56:322(A) and (B). Effective May 1, 1995, the department shall not issue any new commercial gear licenses for gill nets, trammel nets, strike nets, or seines for use in the saltwater areas of the state. The department may issue renewal licenses to any person, company, or corporation that held a valid commercial gear license for such gear for at least two years during either the 1992, 1993, or 1994 calendar years. The provisions of this Subparagraph shall not apply to licenses issued for the commercial taking of menhaden.
(5) Crawfish Gear:
Crawfish traps: twenty-five dollars for the privilege of using crawfish traps to fish commercially.
(6) Freshwater Gear:
(a) Fifty dollars to use one shad gill net pursuant to R.S. 56:322.2. No person shall receive more than one such license per year.
(b) Fifty dollars to use one shad seine in freshwater areas of the state pursuant to R.S. 56:322.1. No person shall receive more than one such license per year.
(c) Fifty dollars to use any legal number of hoop nets, seines, slat traps, trammel nets, cast nets with a radius in excess of eight feet six inches, wire nets, pipes, buckets, drums, tires, and cans that are placed into the water for the purpose of capturing and taking fish for commercial purposes in the freshwater areas of the state as defined in R.S. 56:322(A) and (B).
C.(1) The commercial gear fee for nonresidents is four times the gear fee for residents; however, the nonresident fee for oyster dredges and tongs in particular shall be eight times the fee for residents.
(2) No commercial gear license allowing the use of specific fishing gear shall be issued to any nonresident whose domiciliary state prohibits the use of similar commercial fishing gear.
(3) Effective May 1, 1995, the department shall not issue any new commercial gear licenses for gill nets, trammel nets, strike nets, or seines for use in the saltwater areas of the state. The department may issue renewal licenses to any person, company, or corporation that held a valid commercial gear license for such gear for at least two years during either the 1992, 1993, or 1994 calendar years. The provisions of this Paragraph shall not apply to licenses issued for the commercial taking of menhaden.
D. In the event more than one gear type is in possession on the fishing grounds the gear fee for each type of gear must be paid and so indicated on the gear license.
E. A gear fee must be paid for each piece of gear or each type of gear, whichever is applicable, being used to take fish or, if the gear is not in use but is in possession on the fishing grounds, the gear fee must be paid for each piece of gear or type of gear, whichever is applicable, intended for use or which was used to take fish.
F. All persons on board any commercial vessel, from which any commercial rod and reel is used, shall possess a valid commercial fishing license.
G. In addition to any other fees provided for in this Section, any commercial fisherman who purchases a trawl, skimmer, or butterfly gear license shall be required to pay an annual fee of ten dollars for residents and forty dollars for nonresidents for deposit into the Shrimp Marketing and Promotion Account as provided for in R.S. 56:10(B)(1)(b)(i). The licensee shall pay the fee required by this Subsection only once in any single license year.
H. Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
Acts 1986, No. 904, §1; Acts 1987, No. 854, §1; Acts 1988, No. 825, §1; Acts 1988, No. 234, §1; Acts 1990, No. 307, §1; Acts 1991, No. 859, §1; Acts 1991, No. 871, §1; Acts 1991, No. 887, §1, eff. Nov. 1, 1991; Acts 1992, No. 54, §1; Acts 1995, No. 462, §1, eff. May 1, 1995; Acts 1995, No. 543, §2; Acts 1995, No. 1316, §2; Acts 1997, No. 527, §2, eff. July 3, 1997; Acts 1997, No. 727, §2; Acts 1997, No. 1181, §1; Acts 1999, No. 772, §1; Acts 2000, 2d Ex. Sess., No. 19, §1; Acts 2001, No. 112, §1; Acts 2003, No. 274, §1; Acts 2003, No. 379, §1; Acts 2004, No. 126, §1, eff. Nov. 15, 2004; Acts 2004, No. 825, §1; Acts 2004, No. 904, §1, eff. July 12, 2004; Acts 2005, No. 172, §1; Acts 2005, No. 195, §1, eff. July 1, 2005; Acts 2015, No. 303, §1; Acts 2016, No. 133, §1; Acts 2018, No. 612, §22, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.
NOTE: See Acts 2019, No. 87, directing the state treasurer to transfer monies remaining in the Shrimp Trade Petition Account to the Shrimp Marketing and Promotion Fund.