§302.9. Charter boat fishing guide license; nonresident fee

            A.(1)(a) No person shall act as nor represent himself to be a saltwater charter boat fishing guide unless that person possesses a valid state charter boat fishing guide license, a valid captain's license issued by the United States Coast Guard, proof of liability insurance, and a valid state recreational fishing license that grants fishing privileges appropriate for his charter activity. In addition, any person acting as a saltwater charter boat fishing guide who is in charge of the operation of a vessel shall have his required licenses and proof of liability insurance on his person while on the water. It shall not be a violation of this Section for a person to represent himself as a charter boat fishing guide if that person held a valid license during the previous thirty days but has not renewed the license.

            (b) No person shall act as or represent himself to be a freshwater charter boat fishing guide unless that person possesses a valid state charter boat fishing guide license, proof of liability insurance, and a valid state recreational fishing license that grants fishing privileges appropriate for his charter activity. In addition, any person acting as a freshwater charter boat fishing guide who is in charge of the operation of a vessel shall have his required licenses and proof of liability insurance on his person while on the water. It shall not be a violation of this Section for a person to represent himself as a charter boat fishing guide if that person held a valid license during the previous thirty days but has not renewed the license. The department shall provide written notification to the holder of a license issued pursuant to this Subparagraph that the holder may be subject to other requirements of law, including holding a valid captain's license issued by the United States Coast Guard.

            (2) The liability insurance required by this Subsection shall be written by an insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide and in a sufficient amount to protect the public as determined by the commission.

            (3) The nonresident charter boat fishing guide license shall be available only from the Baton Rouge office of the Department of Wildlife and Fisheries. Such licenses shall be issued on a consignment basis, and no agent fees shall apply. A nonresident saltwater charter boat fishing guide license shall be made available only to those persons who possess a valid captain's license issued by the United States Coast Guard.

            (4) For the purposes of this Subsection, references to saltwater and freshwater shall be to the historic saltwater and freshwater areas described in R.S. 56:322(A) and (B).

            B. A nonresident fishing from a vessel operated by a licensed charter boat fishing guide shall possess a valid license to fish in the saltwater areas of the state. Each nonresident shall possess a valid out-of-state motor vehicle operator's license or such other proof of residency as the department may require.

            C.(1) The annual fee for a resident saltwater charter boat fishing guide license is three hundred dollars for operating a vessel that carries not more than six passengers and seven hundred dollars for operating a vessel that carries more than six passengers.

            (2) The annual fee for a resident freshwater charter boat fishing guide license is one hundred fifty dollars.

            (3)(a) The annual fee for a nonresident saltwater charter boat fishing guide license is one thousand five hundred dollars for operating a vessel that carries not more than six passengers and two thousand dollars for operating a vessel that carries more than six passengers.

            (b) The annual fee for a nonresident freshwater charter boat fishing guide license is five hundred dollars.

            (c) There shall be an additional five hundred dollar fee for each nonresident charter boat fishing guide license issued under the provisions of Subparagraphs (a) and (b) of this Paragraph which shall be deposited into the Conservation Fund, as provided in R.S. 56:10(B)(1)(f). Such funds shall be used by the department for promotion of the charter boat industry, protection of the fishery, and to provide for administrative costs of the fund. Such fees are to be expended for such purposes through the Louisiana Charter Boat Association.

            D. A charter boat fishing guide license is valid for one year, beginning on January first of each calendar year and expiring on December thirty-first of the same calendar year.

            E. A charter boat fishing guide license may be purchased at any time of the year for the current license year and from November fifteenth for the immediately following license year.

            F. A charter boat fishing guide license shall be issued by the department during normal working hours and may be purchased in person at the Baton Rouge office, or at any other location designated by the department.

            G. The fees derived pursuant to this Section shall be placed in the conservation fund. Ten percent of the fees collected annually from the sale of charter boat fishing guide licenses shall be used by the department for the promotion of the industry and protection of the fishery. Such fees are to be expended for such purposes through the Louisiana Charter Boat Association.

            H. Each charter boat fishing guide licensee may complete a landing report and return the report to the department at the time and manner designated by the commission. The commission shall establish the information to be provided in the landing report by the charter boat fishing guide licensee. The landing report may include information on the number of trips taken, number of anglers fishing on a trip, area fished, time fished, trip origin, any information determined by the commission to be necessary to properly manage the fishery resource of the state, and any information required by the commission to prepare stock assessments. However, the commission shall not request any financial information. The information provided by a licensee shall be maintained as confidential in accordance with R.S. 56:301.4. The commission shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.

            I. Except for Subsection H, a violation of any provision of this Section shall constitute a class four violation, R.S. 56:34.

            J.(1) In addition to any other penalty provided for in the Section, for any person convicted of a second offense of violating Subsection A or B of this Section, the offender may only operate a vessel that employs a vessel monitoring system for the three years after the date of the conviction. For any person convicted of a third or subsequent offense of violating Subsection A or B of this Section, the offender may only operate a vessel that employs a vessel monitoring system for ten years after the date of the conviction.

            (2) Whenever an offender is required to employ a vessel monitoring system, access to the monitoring system shall be granted to the department, and the offender shall notify the department on which vessel or vessels the offender will be operating for commercial or recreational use. Any person required to be on board a vessel with an approved vessel monitoring system shall comply with all rules and regulations promulgated by the department or the commission to ensure compliance with vessel monitoring system requirements. The cost of a vessel monitoring system shall be the responsibility of the offender. The department shall approve the vessel monitoring system for use pursuant to this Section.

            (3) Any charter guide or individual posing as a charter guide required to operate a vessel with an approved vessel monitoring system who is found operating any vessel that is not equipped with such a system, for commercial or recreational purposes, may have their charter guide license suspended and may be prohibited from obtaining such a license for the remainder of the year in which the person was found not abiding by the vessel monitoring requirement. In addition, the violator shall be sentenced to perform no less than forty hours of community service. If available, the hours shall be served in a litter abatement community service program.

            (4) The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.

            Acts 1995, No. 1039, §1, eff. June 29, 1995; Acts 1997, No. 1236, §1; Acts 2001, No. 902, §1; Acts 2003, No. 3, §1; Acts 2008, No. 564, §1; Acts 2010, No. 654, §1; Acts 2012, No. 844, §1; Acts 2013, No. 40, §1; Acts 2021, No. 356, §2, eff. Nov. 15, 2021; Acts 2022, No. 353, §1; Acts 2022, No. 582, §1.