§322.2. Shad gill nets; commercial harvest of shad and skipjack herring

            A. A commercial fisherman licensed in accordance with R.S. 56:303 and 305(B)(6)(a) may take shad and skipjack with a shad gill net in Lake Palourde, Lake Verret, Lac Des Allemands, all of the waterways in Iberville Parish, and those portions of the parishes of Iberia, St. Martin, and St. Mary located between the guide levees of the Atchafalaya Basin but is specifically not authorized to do so in the streams, bayous, canals, and other water bodies connected with the specified lakes.

            B. Shad gill nets shall be used only to take shad (Dorosoma sp) and skipjack herring (Alosa chryochloris), hereafter in this Section referred to as skipjack. However, a commercial fisherman may keep other commercial fish species up to a maximum of twenty-five fish. All fish on board the vessel shall have the head and caudal fin intact.

            C.(1) A shad gill net shall be a gill net with a mesh size not less than one-inch bar and two inches stretched and not more than two-inch bar and four inches stretched.

            (2) Each shad gill net shall have affixed to each end a one- gallon jug, painted international orange and marked in black lettering the words "Shad Gill Net", and waterproof tags with the name and license number of the fisherman in accordance with R.S. 56:320(F).

            (3) Each shad gill net shall be placed at least fifty feet from the tree line.

            D.(1) The closed season for commercially harvesting shad and skipjack as provided for in this Section shall include the months of July, August, September, and October of each year.

            (2) During the open season, there shall be no daily take or possession limit for the commercial harvest of shad and skipjack by properly licensed shad gill net commercial fishermen. Shad and skipjack may be taken after sunset and before sunrise during open season. However, there shall be no commercial taking of shad or skipjack on any Saturday or Sunday.

            (3) During the closed season and any Saturday or Sunday during open season, shad may be taken with a shad gill net for bait purposes only and with the following limitations:

            (a) The shad gill net shall not exceed one hundred fifty feet in length.

            (b) No more than fifty pounds of shad shall be taken per day.

            (c) The gill net shall be attended at all times.

            E. Only strike fishing is authorized by this Section. Once deployed, the shad gill net shall remain stationary until fish are being removed from the net or the net is being retrieved from the water.

            F. The following acts are prohibited:

            (1) The use of more than one shad gill net by a licensee.

            (2) The use of more than one gill net per vessel.

            (3) The use of a shad gill net by more than two vessels at one time.

            (4) The use of a shad gill net in a manner that unduly restricts navigation of other vessels.

            (5) Leaving a shad gill net unattended or not actively fishing it while it is in the water.

            G. Repealed by Acts 2010, No. 589, §2.

            H. Violation of any of the provisions of this Section, except for Paragraphs (C)(2) and (F)(4), constitutes a class four violation. Violation of Paragraph (C)(2) or (F)(4) constitutes a class three violation.

            I. Repealed by Acts 2010, No. 589, §2.

            Acts 2003, No. 379, §1; Acts 2004, No. 825, §1; Acts 2006, No. 419, §1; Acts 2008, No. 24, §1; Acts 2010, No. 589, §§1, 2; Acts 2017, No. 109, §1, eff. June 12, 2017; Acts 2021, No. 356, §2, eff. Nov. 15, 2021.