§435.1.1. Oyster harvest in Calcasieu Lake
A.(1) Oyster harvesting in Calcasieu Lake shall be prohibited except by special
permit issued annually by the Department of Wildlife and Fisheries or as authorized by
Paragraph (D)(2) of this Section. The commission shall promulgate rules and regulations to
delineate the procedures by which the permits shall be issued.
(2) Such permit shall be in addition to all other licenses and permits required for
harvesting of oysters. At all times, such oyster harvesting shall be limited to using hand
tongs.
B. All vessels used for the commercial harvest of oysters on Calcasieu Lake must be
self-propelled. "Self-propelled" means, when used in this Section, that the vessel shall travel
under its own power to its harvest area and when loaded with oysters, shall travel under its
own power to the place where the oysters are unloaded.
C. The commission shall fix the open season for oyster tonging in Calcasieu Lake,
which shall begin on any date between October fifteenth and November first and shall end
on April thirtieth. However, in consultation with the Calcasieu Oyster Task Force, the
commission may open or close the season as biological data indicate a need and may manage
East Cove and West Cove separately.
D.(1) After considering the recommendations by the Calcasieu Oyster Task Force,
the commission shall set the harvest limit so that each permittee may harvest an amount not
to exceed twenty-five sacks of oysters per day from one, and only one, licensed vessel. In
addition, one and only one permittee may harvest from each licensed vessel per day and no
vessel shall be used for more than one trip per day.
(2) In addition, recreational fishermen may harvest oysters as provided in R.S.
56:424(C). Harvest limits for recreational fishermen shall be one sack per person per day.
E.(1) Violation of any provision of this Section or of any Wildlife and Fisheries
Commission regulation pertaining to taking, possessing, recording or reporting of landings
or selling oysters from Calcasieu Lake shall constitute a Class 4 violation. The offender shall
also be penalized as follows:
(a) For a first offense, the offender shall forfeit any permit to harvest oysters on
Calcasieu Lake and shall be barred from obtaining such permit for the remainder of the
period for which it was issued plus one year, during which time the offender shall be barred
from participating in any oyster harvesting activity on Calcasieu Lake.
(b) For a second offense, the offender shall forfeit any permit to harvest oysters on
Calcasieu Lake and shall be barred from obtaining a permit to harvest oysters on Calcasieu
Lake for the remainder of the period for which it was issued plus two years, during which
time the offender shall be barred from participating in any oyster harvesting activity on
Calcasieu Lake.
(c) For a third offense, the offender shall forfeit any permit to harvest oysters on
Calcasieu Lake and shall be permanently barred from obtaining a permit to harvest oysters
on Calcasieu Lake and from participating in any oyster harvesting activity on Calcasieu Lake.
(2) Any person who participates in oyster harvesting on Calcasieu Lake while barred
shall be penalized under the provisions of a Class 7-B violation.
Acts 2004, No. 479, §1; Acts 2006, No. 398, §1; Acts 2011, No. 329, §1, eff. June
29, 2011; Acts 2012, No. 541, §1, eff. June 5, 2012; Acts 2016, No. 133, §1; Acts 2017, No.
259, §1.