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      RS 56:305     

  

SUBPART E. GEAR LICENSE

§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) Butterfly nets: twenty-five dollars for each butterfly net.

            (2) Crab traps: fifty dollars for the privilege of using crab traps to fish commercially. An amount equal to ten dollars from each commercial crab trap gear license shall be credited to the Derelict Crab Trap Removal Program Account as provided in R.S. 56:10(B)(13), and an amount equal to ten dollars from each commercial crab trap license shall be credited to the Crab Promotion and Marketing Account as provided in R.S. 56:10(B)(1)(e). Any resident who holds a senior commercial fishing license shall be exempt from the provisions of this Paragraph.

            (3) Oyster scrapers: twenty-five dollars for each scraper.

            (4) Gill nets:

            (a) Twenty-five dollars to use any legal number of gill nets in the freshwater areas of the state as defined in R.S. 56:322(A) and (B).

            (b) Repealed by Acts 1997, No. 527, §2, eff. July 3, 1997.

            (c) Two hundred fifty dollars per mullet strike net that may only be used during the special mullet season defined in R.S. 56:333 or the special spotted sea trout season defined in R.S. 56:325.3(C).

            (d) Two hundred fifty dollars per pompano strike net that may only be used during the special pompano season defined in R.S. 56:325.4 and 406.

            (e) All commercial gear licenses as provided for in Subparagraphs (b), (c), and (d) of this Paragraph issued to all qualified nonresidents shall be one thousand dollars.

            (f) Twenty-five 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.

            (5) Hoop nets: twenty-five dollars to use any legal number of hoop nets.

            (6) Purse seines/menhaden seines: five hundred five dollars for each purse seine in use.

            (7) Seines: twenty-five dollars to use any legal number of seines.

            (8) Oyster tongs: thirty dollars for each oyster tong.

            (9) Slat traps: twenty-five dollars to use any legal number of slat traps.

            (10) Trammel nets: twenty-five dollars to use any legal number of trammel nets in the freshwater areas of the state as defined in R.S. 56:322(A) and (B).

            (11) 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.

            (12) Crawfish traps: twenty-five dollars to use any legal number of crawfish traps.

            (13) Castnets with a radius in excess of eight feet six inches.

            (14) Rod and reel: two 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:

            (a) 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.

            (b) 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.

            (c) Repealed by Acts 1997, No. 727, §2.

            (d) Each commercial rod and reel fisherman shall report his total monthly commercial take to the department in accordance with the provisions of R.S. 56:345.

            (15) Wire nets: twenty-five dollars to use any legal number of wire nets.

            (16) Twenty-five 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.

            (17) Twenty-five dollars to use a freshwater shrimp net in accordance with R.S. 56:501.

            (18) Any other type of legal gear not listed in this Subsection: twenty-five dollars. This type of gear includes pipes, buckets, drums, tires, and cans that are placed into the water for the purpose of capturing and taking fish for commercial purposes.

            C.(1)(a) 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.

            (b) An amount equal to forty dollars for each nonresident commercial crab trap gear license shall be credited to the Derelict Crab Trap Removal Program Account as provided in R.S. 56:10(B)(13), and an amount equal to forty dollars from each commercial crab trap gear license shall be credited to the Crab Promotion and Marketing Account as provided in R.S. 56:10(B)(1)(e).

            (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.

            NOTE: See Acts 2004, No. 904, §3, relative to termination.

            NOTE: Subsection H eff. until July 1, 2020. See Acts 2018, No. 612.

            H.(1) For license year 2005, 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 Trade Petition Account as provided for in R.S. 56:10(B)(1)(b)(ii). The licensee shall pay the fee required by this Subsection only once in any single license year.

            (2) For license year 2006, 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 fifteen dollars for residents and sixty dollars for nonresidents for deposit into the Shrimp Trade Petition Account as provided for in R.S. 56:10(B)(1)(b)(ii). The licensee shall pay the fee required by this Subsection only once in any single license year.

            NOTE: Subsection H repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.

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.




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