Amendment vs bill House Floor Amendment, #3425, Schamerhorn, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB835 3209 3425 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Schamerhorn to Engrossed House Bill No.
835 BY REPRESENTATIVE SCHAMERHORN AN ACT To amend and reenact R.S.
835 by Representative Schamerhorn AMENDMENT NO.
56:302.9(H) through (J) and to enact R.S.
1 On page 1, line 13, after "within a" and before "may" change "WMA" to "wildlife management area" AMENDMENT NO.
56:302.9(K), relative tocharterguidewildlifemanagementareaaccesspermits;tocreateanannualcharter guide wildlife management area access permit;
2 On page 1, line 14, after "satisfies the" and before "access" change "WMA" to "wildlife management area" AMENDMENT NO.
to establish a fee for the permit;
3 On page 1, line 15, after "within a" and before the period "." change "WMA" to "wildlife management area" Page 1 of 1 CODING:
to provide for the privileges conveyed by the permit;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
R.S.56:302.9(H)through(J)areherebyamendedandreenactedandR.S.
56:302.9(K) is hereby enacted to read as follows:
§302.9.
Charter boat fishing guide license;
nonresident fee * * * H.
A charter boat fishing guide licensee performing for-hire fishing guide activity within a wildlife management area may purchase a Charter Guide WMA Access Permit.
This permit satisfies the wildlife management area access permit requirementsfor the charterfishing guide and his clients when engaged in a for-hire fishingtripwithinawildlifemanagementarea.
ThefeefortheCharterGuideWMA Access Permit shall be one hundred dollars.
The permit is valid for one year, beginning on January first of each calendar year and expiring on December thirty-first of the same calendar year.
I.
Eachcharterboatfishingguidelicenseemaycompletealandingreportand return the report to the department at the time and manner designated by the commission.
The commission shall establish the information to be provided in the Page 1 of 3 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
835 ENROLLED landing report by the charter boat fishing guide licensee.
The landing report may includeinformationonthenumberoftripstaken,numberofanglersfishingonatrip, area fished, time fished, trip origin, anyinformation determined bythe commission to be necessary to properly manage the fishery resource of the state, and any informationrequiredbythecommissiontopreparestockassessments.
However,the commission shall not request any financial information.
The information provided by a licensee shall be maintained as confidential in accordance with R.S.
56:301.4.
The commission shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.
I.
Except for Subsection H, a violation of anyprovision of this Section shall constitute a class four violation, R.S.
56:34.
J.
Penalties.
(1) Except for Subsection I of this Section, a violation of any provision of this Section shall constitute a class four violation subject to the penalties of R.S.
56:34.
(2) In addition to any other penalty provided for in this Section, for any personconvictedofafirstoffenseofviolatingSubsection AorBofthisSection,the offender shall pay a fine of no less than one thousand dollars to the Department of Wildlife and Fisheries.
For any person convicted of a second offense of violating Subsection A or B of this Section, the offender may only operate a vessel that employs a vessel monitoring system for the three years after the date of the conviction.
For any person convicted of a third or subsequent offense of violating Subsection A or B of this Section, the offender may only operate a vessel that employs a vessel monitoring system for ten years after the date of the conviction.
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(2) (3) Whenever an offender is required to employ a vessel monitoring system, access to the monitoring system shall be granted to the department, and the offender shall notify the department on which vessel or vessels the offender will be operating for commercial or recreational use.
Any person required to be on board a vessel with an approved vessel monitoring system shall comply with all rules and regulations promulgatedbythedepartmentorthecommission toensurecompliance Page 2 of 3 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
835 ENROLLED withvesselmonitoringsystemrequirements.
Thecostofavesselmonitoringsystem shall be the responsibility of the offender.
The department shall approve the vessel monitoring system for use pursuant to this Section.
(3) (4) Anycharter guide or individual posing as a charter guide required to operate a vessel with an approved vessel monitoring system who is found operating any vessel that is not equipped with such a system, for commercial or recreational purposes, may have their charter guide license suspended and may be prohibited from obtaining such a license for the remainder of the year in which the person was found not abiding by the vessel monitoring requirement.
In addition, the violator shall be sentenced to perform no less than forty hours of community service.
If available,thehoursshallbeservedinalitterabatementcommunityserviceprogram.
(4) K.
The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.
Section 2.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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