Current through Register Vol. 50, No. 9, September 20, 2024
A. Commercial Season; Quota; Permits
1. The commercial season for spotted seatrout
whether taken from within or without Louisiana state waters shall remain closed
until January 2 of each year, when it shall open and remain open until the
maximum annual quota is reached, or on the date projected by the staff of the
Department of Wildlife and Fisheries that the quota will be reached, whichever
comes first. The commercial harvest or taking of spotted seatrout is prohibited
during the period from sunset on Friday through sunrise on Monday, and there
shall be no possession of spotted seatrout in excess of the recreational limit
during the period between 10 p.m. and 5 a.m.
2. The commercial quota for spotted seatrout
shall be 1,000,000 pounds for each fishing season.
3. Permits
a. The commercial taking of spotted seatrout
is prohibited except by special nontransferable Spotted Seatrout Permit issued
by the Department of Wildlife and Fisheries. This permit, along with other
applicable licenses, authorizes the bearer to sell his spotted seatrout catch.
b. No person shall be issued a
license or permit for the commercial taking of spotted seatrout unless that
person meets all of the following requirements.
i. The person shall provide proof that he
purchased a valid Louisiana commercial saltwater gill net license in any two of
the years 1995, 1994, and 1993.
ii.
The person shall show that he derived more than 50 percent of his earned income
from the legal capture and sale of seafood species in any two of the years
1995, 1994, and 1993. Proof of such income shall be provided by the applicant
using any of the methods listed below.
(a).
Method 1. Applicant shall submit to the Department of Wildlife and Fisheries
(Licensing Section) a copy of his federal income tax return including all
attachments (i.e., Schedule C of federal Form 1040, Form W-2, etc.), which has
been certified by the Internal Revenue Service (IRS).
(b). Method 2. Applicant shall submit to the
Department of Wildlife and Fisheries (Licensing Section) a copy of his federal
income tax return including all attachments (i.e., Schedule C of federal Form
1040, Form W-2, etc.), which has been filed and stamped "received" at a local
IRS office accompanied by a signed cover letter acknowledging receipt by the
IRS.
(c). Method 3. Applicant shall
submit to the Department of Wildlife and Fisheries (Licensing Section) a signed
copy of his federal tax return including all attachments (i.e., Schedule C of
federal Form 1040, Form W-2, etc.) along with an IRS stamped transcript and IRS
signed cover letter. Transcripts are available at local IRS offices.
iii. The Socioeconomic Section of
the Department of Wildlife and Fisheries, Office of Management and Finance,
will review the submitted tax return information and determine applicant's
eligibility as defined by
R.S.
56:325.3 D(1)(b).
iv. The person shall not have applied for or
received any assistance pursuant to
R.S.
56:13.1(C).
v. The applicant shall not have been
convicted of any fishery-related violations that constitute a Class 3 or
greater violation.
c. No
person shall receive more than one permit or license to commercially take
spotted seatrout.
d. No person
shall qualify for a charter boat fishing guide license and a spotted seatrout
permit during the same licensure period.
4. The commercial taking or commercial
harvesting of spotted seatrout shall be prohibited within Louisiana waters west
of the Mermentau River.
B. General Provisions. The commercial closure
shall apply to spotted seatrout taken, landed or possessed on the water whether
taken from within or without Louisiana waters. Effective with the closure, no
person shall commercially harvest, take, land or possess spotted seatrout in
excess of a recreational limit in Louisiana. Effective with the commercial
closure no person shall sell, barter, trade, exchange, purchase or attempt to
sell, barter, trade, exchange or purchase spotted seatrout. Nothing herein
shall prohibit the purchase, sale, barter or exchange of spotted seatrout off
the water by licensed commercial dealers taken during any open period or which
are legally imported into the state if appropriate records are properly
maintained in accordance with
R.S.
56:306.5 and
R.S.
56:306.6 and those that are required to do so
shall be properly licensed in accordance with
R.S.
56:303, 56:306 or 56:306.1.
C. Recreational Regulations
1. The daily take and possession limit for
spotted seatrout (Cynoscion nebulosus) caught recreationally
within or without Louisiana waters shall be 15 fish per day and in
possession.
2. The minimum legal
size for the recreational taking of spotted seatrout (Cynoscion
nebulosus) shall be 13 inches total length. The maximum legal size for
the recreational taking of spotted seatrout shall be 20 inches total length,
however, no person shall have in possession while fishing, or while on the
water, more than two spotted seatrout which, when whole, is or was over the
prescribed maximum size of 20 inches total length overall when measured with
the mouth closed.
3. Captain and
crew members shall not retain a bag limit of spotted seatrout while operating
or representing themselves as a charter vessel or headboat. Captain and crew
may engage in fishing activity to assist passengers to catch, retrieve, or land
spotted seatrout, or to demonstrate to passengers how to catch spotted
seatrout.
4. Not later than the
regular monthly commission meeting of April 2027, the department shall present
a stock assessment of spotted seatrout to the commission, provide data on
whether the size and bag limits above are still needed in order to recover the
stock, provide alternative management measures for potential size and bag limit
increases if the stock has recovered to target, or provide further needed
restrictions if the stock has not recovered to target.
5. On January 1, 2028, unless further action
is taken by the commission prior to that date, the size and bag limit for
spotted seatrout will revert to a minimum size limit of 12 inches total length
and a bag limit of 25 fish per person, except as provided in Subparagraph 5.a.
a. Within those areas of the state, including
coastal territorial waters, south of Interstate 10 from its junction at the
Texas-Louisiana boundary eastward to its junction with Louisiana Highway 171,
south to Highway 14, and then south to Holmwood, and then south on Highway 27
through Gibbstown south to Louisiana Highway 82 at Creole and south on Highway
82 to Oak Grove, and then due south to the western shore of the Mermentau
River, following this shoreline south to the junction with the Gulf of Mexico,
and then due south to the limit of the state territorial sea, under the
authority of the provisions of
R.S.
56:325.1(A), the daily take
and possession limit shall be 15 fish, regardless of where taken, with no more
than 2 spotted seatrout exceeding 25 inches total length. Those spotted
seatrout exceeding 25 inches in length shall be considered as part of the daily
recreational take and possession limit.
AUTHORITY
NOTE: Promulgated in accordance with Act 157 of the 1991 Regular Session of the
Louisiana Legislature,
R.S.
56:6(25)(a),
R.S.
56:305.5,
R.S.
56:305.7,
R.S.
56:325.1 (A) and (B),
R.S.
56:325.3,
R.S.
56:326.3, Act 1316 of the 1995 Regular
Session of the Louisiana Legislature, and Act 1164 of the 2003 Regular Session
of the Louisiana Legislature.