SUBPART C. COMMERCIAL FISHERMEN

§303. Commercial fisherman's license; charter boat fishing guide's license certification; fees; place of purchase; information

            A.(1) A commercial fisherman taking fish, including bait species, from state waters or possessing fish in the state must purchase a commercial fisherman's license.

            (2) A commercial fisherman selling his catch directly to a consumer shall possess a fresh products license as provided in R.S. 56:303.1.1. In addition, a commercial fisherman selling his catch to anyone other than a consumer or a licensed Louisiana wholesale/retail seafood dealer must possess a wholesale/retail seafood dealer's license as provided in R.S. 56:306 et seq.

            B. The cost of the commercial fisherman's license is ninety-six dollars for residents and six hundred twenty dollars for nonresidents.

            C. A commercial fisherman possessing a commercial fisherman's license must comply with all provisions of this Part and all other Sections of Title 56.

            D. A commercial fisherman's license shall be issued only by the following:

            (1) The department during normal working hours. The license may be purchased in person at the Baton Rouge office or at any other location designated by the department.

            (2) Special certificate agents authorized by R.S. 34:851.37.

            E.(1) The department or the special certificate agent shall endorse a commercial fisherman's license or a charter boat fishing guide's license as "certified" upon presentation to the department or the special certificate agent of a notarized statement from the tax preparer certifying that based upon his most recent federal income tax return the individual earns at least fifty percent of his income from commercial fishing or charter fishing guide activities. The department shall maintain a list of those commercial fishermen and charter fishing guides who possess a license having a "certified" endorsement.

            (2) The Department of Revenue shall provide to the Department of Wildlife and Fisheries a list of the names and the social security numbers of those persons issued a certificate of exemption pursuant to R.S. 47:305.20(B) in accordance with the confidentiality provisions established in R.S. 47:1508.

            (3) The Wildlife and Fisheries Commission shall promulgate necessary rules and regulations to implement the provisions of this Subsection.

            F. A resident of this state who is seventy years of age or older may obtain a senior commercial fishing license for an annual fee of fifty dollars. The senior commercial fishing license shall be valid from January first of each calendar year until December thirty-first of the same calendar year. The license may be purchased at any time for the current license year and may be purchased after November fifteenth for the following license year. The license shall be in lieu of a commercial fisherman's license required by this Section.

            G.(1) Any fisherman properly licensed or permitted to legally fish in the federal exclusive economic zone (EEZ) may purchase a Gulf Seafood Traversing and Offloading License from the department to transport and sell his own catch from the federal EEZ across state waters to any licensed wholesale/retail seafood dealer located within the state of Louisiana.

            (2) A license issued pursuant to Paragraph (1) of this Subsection shall be issued in lieu of a commercial fisherman's license, vessel license, and any applicable commercial gear license for fishing gear aboard the vessel.

            (3) The fee for the Gulf Seafood Traversing and Offloading License shall be seventy-five dollars for residents and eight hundred dollars for nonresidents.

            (4) While traversing state waters going to and from the federal EEZ, all fishing gear shall be stowed and shall not be used while in state waters.

            (5) The licensee shall provide the wholesale/retail seafood dealer with all information, as determined by the commission to be necessary to properly manage the fishery resources of the state, that is required to complete the commercial receipt form, which shall include but not be limited to the fisherman's first and last name, license number, signature, gear used, vessel used, primary location of where fish were caught, duration of trip, and permit numbers for species requiring a permit to harvest. The licensee shall sign each commercial receipt form attesting that the information provided is correct.

            Acts 1986, No. 904, §1; Acts 1989, No. 237, §1, eff. June 26, 1989; Acts 1990, No. 199, §1; Acts 1997, No. 376, §1; Acts 1999, No. 1338, §1; Acts 2001, No. 28, §1; Acts 2003, No. 250, §1; Acts 2004, No. 556, §1; Acts 2005, No. 133, §3, eff. June 22, 2006; Acts 2009, No. 446, §2, eff. July 1, 2009; Acts 2018, No. 165, §1, eff. May 15, 2018; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.

NOTE: SEE ACTS 1986, NO. 904, §5 re: applicability on private ponds and lakes.