Current through Register Vol. 50, No. 9, September 20, 2024
A. Recreational bag limits regarding the
harvest of reef fish: triggerfishes, amberjacks, grunts, wrasses, snappers,
groupers, sea basses, tilefishes, and porgies, within and without Louisiana's
territorial waters.
Species
|
Recreational Bag Limits
|
1. Red Snapper
|
2 fish per person per day
|
2. Queen, mutton, blackfin, cubera, gray, silk,
yellowtail snappers, and wenchman
|
10 fish per person per day (in aggregate) with not
more than 5 mutton snapper per person in the bag limit.
|
3. Vermilion snapper, lane snapper, gray triggerfish,
almaco jack, goldface tilefish, tilefish, and blueline tilefish
|
20 per person per day (in aggregate) with not more
than 1 gray triggerfish and not more than 10 vermilion snapper per person
included in the bag limit.
|
4. Speckled hind, black grouper, red grouper, snowy
grouper, yellowedge grouper, yellowfin grouper, yellowmouth grouper, warsaw
grouper, gag grouper, scamp
|
4 fish per person per day (in aggregate) with not
more than 1 speckled hind and 1 warsaw grouper per vessel and with not more
than 2 red grouper per person and not more than 2 gag grouper per person
included in the bag limit
|
5. Greater amberjack
|
1 fish per person per day
|
6. Banded rudderfish and lesser amberjack
|
5 fish per person per day (in aggregate)
|
7. Hogfish
|
5 fish per person per day
|
8. No person shall possess goliath grouper or Nassau
grouper whether taken from within or without Louisiana territorial waters per
LAC 76:VII.337.
|
B.
Reef Fish Permits
1. All persons who do not
possess a permit issued by the National Marine Fisheries Service under the
federal fishery management plan for the harvest of Gulf of Mexico reef fish
resources are limited to the recreational bag limit. To commercially harvest,
sell, barter, trade or exchange or possess for commercial purposes all species
of reef fish including dwarf sand perch and sand perch, but (excluding queen
triggerfish, black seabass, porgies, and grunts) requires a valid federal reef
fish vessel permit be on board the vessel and in the immediate
possession.
2. For a person aboard
a vessel operating as a charter vessel or headboat to fish for, or harvest, or
possess, in or from the EEZ, any species of reef fish including dwarf sand
perch and sand perch (but excluding queen triggerfish, black seabass, porgies,
and grunts) a valid federal charter vessel/headboat reef fish permit must have
been issued to the vessel and must be on board the vessel and in immediate
possession.
3. Persons who are
limited to a recreational bag limit shall not sell, barter, trade, exchange or
attempt to sell, barter, trade or exchange any reef fish.
4. A person subject to a bag limit may not
possess during a single day, regardless of the number of trips or the duration
of a trip, any reef fish in excess of the bag limits.
5. No person aboard any commercial vessel
shall transfer or cause the transfer of reef fish between vessels on state or
federal waters.
6. For-hire vessels
operated by a legally licensed Louisiana guide having a valid recreational
offshore landing permit in possession and fishing the waters of the state
during an open season can harvest and possess a recreational limit of reef
fish.
C. Charter Vessels
and Headboats
1. For charter vessels and
headboats as defined in Federal Regulations 50 CFR Part 622.2, there will be an
allowance for up to two daily bag limits on multi-day trips provided the vessel
has two licensed operators aboard as required by the U.S. Coast Guard for trips
of over 12 hours, and each passenger is issued and has in possession a receipt
issued on behalf of the vessel that verifies the length of the trip.
2. Any fish taken from charter vessels or
headboats as defined in Federal Regulations 50 CFR Part 622.2 or any charter
vessel as described in
R.S.
56:302.9 shall not be sold, traded, bartered
or exchanged or attempted to be sold, traded, bartered or exchanged. The
provisions of
§335 apply to
fish taken within or without Louisiana's territorial waters.
3. Captain and crew members shall not harvest
or possess greater amberjack, red snapper, or grouper of any species while
operating as charter vessels and headboats as defined in Federal Regulations 50
CFR Part 622.2. Their bag limit is zero for all of these species.
D. Commercial Harvest
1. All persons aboard a vessel for which no
commercial vessel permit for Gulf reef fish has been issued by the National
Marine Fisheries Service under the Federal Fishery Management Plan for the Gulf
of Mexico Reef Fish resources are limited to the recreational bag limit for red
snapper, deepwater or shallow-water grouper or any tilefish species, which may
not be bartered or sold. No person aboard any vessel shall commercially
possess, sell, barter, trade, exchange or attempt to sell, barter, trade or
exchange red snapper, or any species of grouper or any tilefish species unless
possessing a federal permit for the harvest of Gulf of Mexico Reef Fish and the
applicable federal Individual Fishing Quota (IFQ) vessel account.
2. Requirement for federal IFQ vessel account
and allocation: In addition to the federal commercial vessel permit for Gulf
reef fish, in order to fish for, possess, or land Gulf red snapper, any species
of grouper or any tilefish species, regardless of where harvested or possessed,
the appropriate federal IFQ vessel account must have been issued to the vessel.
No person shall commercially harvest or land red snapper, groupers or any
tilefish species without holding or being assigned the appropriate federal IFQ
allocation at least equal to the pounds of red snapper, groupers and tilefishes
landed/docked at a shore side location or off loaded. On the last fishing trip
of the year a vessel may exceed by 10 percent the remaining IFQ
allocation.
3. No person shall
purchase, sell, exchange, barter or attempt to purchase, sell, exchange, or
barter any red snapper, grouper or tilefish species in excess of any possession
limit for which federal commercial license, permit, appropriate allocation, and
account were issued.
4. Requirement
for federal IFQ dealer endorsement: In addition to the requirement for a
federal dealer permit for Gulf reef fish, for a dealer to receive Gulf red
snapper or any species of grouper or any tilefish species from a commercial
fishing vessel he must have a federal Gulf IFQ dealer endorsement. For a person
aboard a vessel with a federal IFQ vessel account to sell red snapper or any
species of grouper or tilefish to anyone other than a permitted dealer, such
person must also have a federal Gulf IFQ dealer endorsement.
5. Requirement for NMFS transaction approval
code: The owner or operator of a vessel landing red snapper, groupers or
tilefish species is responsible for calling National Marine Fisheries Service
(NMFS) Office of Law Enforcement at least 3 hours, but no more than 12 hours,
in advance of landing to report the time and location of landing and the name
of the IFQ dealer where the red snapper, groupers or tilefish species are to be
received, and the estimated gutted weight of red snapper, grouper and tilefish
for each federal IFQ share category (red snapper, gag, red grouper, deep-water
grouper, other shallow-water grouper, and tilefish species. For the purpose of
these regulations, the term "landing" means tying a vessel to a dock. Failure
to comply with this advance notice of landing requirement will preclude
authorization to complete the required NMFS landing transaction report and,
thus, will preclude issuance of the required NMFS-issued transaction approval
code. Possession of commercial red snapper, groupers or tilefish species from
the time of transfer from a vessel through possession by a dealer is prohibited
unless the red snapper, groupers or tilefish species are accompanied by a
transaction approval code verifying a legal transaction of the amount of red
snapper, groupers or tilefish species in possession.
6. Offloading and transfer: No person shall
offload from a vessel or receive from a vessel commercially harvested red
snapper, groupers or tilefish species during the hours from 6:00 p.m. until
6:00 a.m., local time. No person shall offload red snapper, grouper or tilefish
at a location which is not an offloading site approved by NOAA Fisheries and
accessible to the public. For the purpose of these regulations, the term
"offloading" means removing red snapper, groupers or tilefish species from a
vessel. At-sea or dockside transfer of commercial red snapper, groupers or
tilefish species from one vessel to another vessel is prohibited.
7. VMS requirement: No person shall
commercially harvest red snapper, groupers or tilefish species from a vessel
unless that vessel is equipped with a fully operational and federally approved
Vessel Monitoring System (VMS) device. Approved devices are those devices
approved by National Oceanographic and Atmospheric Administration (NOAA)
Fisheries and operating under the requirements mandated by NOAA
Fisheries.
8. Commercial trip
limits shall include those limits listed below. For the purposes of this rule,
a trip is defined as a fishing trip, regardless of the number of days duration,
that begins with departure from a dock, berth, beach, seawall or ramp and that
terminates with return to a dock, berth, beach, seawall or ramp. The secretary
of the Department of Wildlife and Fisheries is authorized, upon notification to
the chairman of the Wildlife and Fisheries Commission, to adjust any trip limit
for any commercially harvested reef fish species or species group when notified
by the Regional Administrator of NOAA Fisheries that an adjustment has been
made to the trip limit for a species or species group in adjacent federal
waters.
Species or Group
|
Trip Limit
|
a. Gray Triggerfish
|
16 fish
|
b. Greater Amberjack
|
1,000 pounds gutted weight
|
E. Recreational and commercial minimum and
maximum size limits, unless otherwise noted.
Species
|
Minimum Size Limits
|
1. Red snapper
|
16 inches total length (Recreational) 13 inches total
length (Commercial)
|
2. Gray, yellowtail, and cubera snapper
|
12 inches total length
|
3. Lane snapper
|
8 inches total length
|
4. Mutton snapper
|
18 inches total length
|
5. Vermilion snapper
|
10 inches total length
|
6. Red grouper
|
20 inches total length (Recreational) 18 inches total
length (Commercial)
|
7. Yellowfin grouper
|
20 inches total length
|
8. Gag
|
24 inches total length
|
9. Black grouper
|
24 inches total length
|
10. Scamp
|
16 inches total length
|
11. Greater amberjack
|
34 inches fork length (Recreational) 36 inches fork
length (Commercial)
|
12. Hogfish
|
14 inches fork length
|
13. Banded rudderfish and lesser amberjack
|
14 inches fork length (minimum size) 22 inches fork
length (maximum size)
|
14. Gray triggerfish
|
15 inches fork length
|
F.
Definitions. Federal regulations 50 CFR Part 622.2 defines charter vessels and
headboats as follows.
Charter Vessel-a vessel less than 100 gross
tons that meets the requirements of the U.S. Coast Guard to carry six or fewer
passengers for hire and that carries a passenger for hire at any time during
the calendar year. A charter vessel with a commercial permit
is considered to be operating as a charter vessel when it
carries a passenger who pays a fee or when there are more than four persons
aboard, including operator and crew.
Headboat-a vessel that holds a valid
certificate of inspection issued by the U.S. Coast Guard to carry passengers
for hire. A headboat with a commercial vessel permit is
considered to be operating as a headboat when it carries a passenger who pays a
fee or, in the case of persons aboard fishing for or possessing coastal
migratory pelagic fish or Gulf reef fish, when there are more than four persons
aboard, including operator and crew.
G. Seasons
1. Seasons for the commercial harvest of reef
fish species or groups shall be closed during the periods listed below.
Possession of reef fish in excess of the daily bag limit while on the water is
prohibited during the specified closed season. Any reef fish harvested during
the closed season shall not be purchased, sold, traded, bartered or exchanged
or attempted to be purchased, sold, traded, bartered or exchanged. This
prohibition on sale/purchase does not apply to reef fish that were harvested,
landed ashore, sold and purchased prior to the closed season. Nothing shall
prohibit the possession or sale of fish legally taken prior to the closure
providing that all commercial dealers possessing reef fish taken legally prior
to the closure shall maintain appropriate records in accordance with
R.S.
56:306.5 and
R.S.
56:306.6.
Species or Group
|
Closed Season
|
a. Greater Amberjack
|
March 1-May 31
|
b. Gray Triggerfish
|
June 1-July 31 of each year
|
2.
Seasons for the recreational harvest of reef fish species or groups listed
below shall be closed during the periods listed below.
Species or Group
|
Closed Season
|
a. Gag
|
January 1 -June 30 of each year
|
b. Black, red, yellowfin, and yellowmouth groupers,
and scamp
|
February 1-March 31 of each year in waters seaward of
the 20 fathom boundary
|
c. Red Snapper
|
From the closure of the season the prior year, or
January 1 if the season has not previously closed, through the Thursday before
Memorial Day. The open season shall be for weekends only. A
weekend is defined as Friday, Saturday and Sunday, with the
exception of Memorial Day and Labor Day, when Monday would be classified as a
weekend. The 4th of July will be considered an open date, regardless of what
day it falls.
|
d. Greater Amberjack
|
January 1-April 30, June 1-July 31, and November
1-December 31 of each year.
|
e. Gray Triggerfish
|
January 1-end of February of each year and June
1-July 31 of each year.
|
3.
Persons aboard a vessel for which the permits indicate both charter
vessel/headboat for Gulf reef fish and commercial Gulf reef fish may continue
to retain reef fish under the recreational take and possession limits specified
in §335.
A and
§335 C,
recreational seasons specified in
§335.
G.2 and size limits specified in
§335 E,
provided the vessel is operating as a validly licensed charter vessel or
headboat with prepaid recreational charter fishermen aboard the
vessel.
4. The provisions of
§335.
G apply to fish taken within or without
Louisiana's territorial waters except for the season for the recreational
harvest of red snapper, which is for Louisiana's territorial waters
only.
5. The secretary of the
Department of Wildlife and Fisheries is hereby authorized, upon notification to
the chairman of the Wildlife and Fisheries Commission, to close, open, re-open
or re-close any reef fish season as needed when informed of such by the
National Marine Fisheries Service in order to maintain consistency with
modifications in the adjacent federal waters, should the federal seasons be
modified. The secretary may also modify those portions of this rule pertaining
to red snapper recreational daily harvest limits, size limits, and red snapper
recreational seasons under the provisions of NOAA delegated state management
for the species or if he deems it necessary, following notification of the
chairperson of the Wildlife and Fisheries Commission.
H. Wholesale dealers are required to comply
with the provisions of
R.S.
56:306.5 and
R.S.
56:306.6 when acquiring, purchasing,
possessing and selling reef fish. Wholesale dealers shall maintain approval
codes issued by NOAA Fisheries associated with all transactions of red snapper,
groupers and tilefish species on purchases and sales on their
records.
I.
1. Devices
Circle Hook - a fishing hook designed and
manufactured so that the point is turned perpendicularly back to the shank to
form a generally circular or oval shape.
Dehooking Device - a device intended to
remove a hook embedded in a fish to release the fish with minimum
damage.
2. For a person on
board a vessel to fish for or possess gulf reef fish in the gulf EEZ, the
vessel must possess on board and such person must use the gear as specified
below.
a. Non-stainless Steel Circle Hooks.
Non-stainless steel circle hooks are required when fishing with natural baits
for reef fish.
b. Dehooking Device.
At least one dehooking device is required and must be used to remove hooks
embedded in gulf reef fish with minimum damage. The hook removal device must be
constructed to allow the hook to be secured and the barb shielded without
re-engaging during the removal process. The dehooking end must be blunt, and
all edges rounded. The device must be of a size appropriate to secure the range
of hook sizes and styles used in the gulf reef fish fishery.
J. No person who,
pursuant to state or federal law, is subject to the jurisdiction of this state
shall violate any federal law, rule or regulation particularly those rules and
regulations enacted pursuant to the Magnuson-Stevens Fishery Conservation Act
and published in the Code of Federal Regulations as amended
Title 50 and 15, for reef fishes while fishing in the EEZ, or possess,
purchase, sell, barter, trade, or exchange reef fishes within or without the
territorial boundaries of Louisiana in violation of any state or federal law,
rule or regulation particularly those rules and regulations enacted pursuant to
the Magnuson-Stevens Fishery Conservation Act and published in the Code
of Federal Regulations as amended Title 50 and 15
law.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.56:6(25)(a),
R.S.
56:320.2(C),
R.S.
56:326.1 and
R.S.
56:326.3.