La. Admin. Code tit. 76 § VII-355
Current through Register Vol. 50, No. 9, September 20, 2024
Section VII-355 - Harvest Regulations-BillfishesA. The Wildlife and Fisheries Commission does hereby adopt the following rules and regulations regarding the harvest of billfishes including marlins, roundscale spearfish, sailfish and swordfish within and without Louisiana's territorial waters. For purposes of this Section, the following words and phrases have the meaning ascribed to them in this subsection, unless the context clearly shows a different meaning. Cleithrum to Caudal Keel (CK)-measurement along the curved body contour used if the head is removed/not naturally attached from the point on the cleithrum that provides the shortest possible measurement along the body contour to the anterior portion of the caudal keel. The cleithrum is the semicircular bony structure at the posterior edge of the gill opening.
Lower Jaw Fork Length (LJFL)-straight-line length from the tip of the lower jaw to the fork of the tail.
Trip-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.
B. Minimum Size Limits-no person shall possess any fish smaller than the minimum size limit. Species | Minimum Size Limit |
1. Blue Marlin | 99 inches Lower Jaw Fork Length (LJFL) |
2. White Marlin | 66 inches Lower Jaw Fork Length (LJFL) |
3. Roundscale Spearfish | 66 inches Lower Jaw Fork Length (LJFL) |
4. Sailfish | 63 inches Lower Jaw Fork Length (LJFL) |
5. Swordfish | 47 inches Lower Jaw Fork Length (LJFL) or 25 inches Cleithrum to Caudal Keel (CK). |
C. Recreational Creel Limit. Recreational fishing vessels shall not possess more than one swordfish per person with a maximum of four swordfish per vessel per trip, whichever is less. Charter vessels may not possess more than one swordfish per paying passenger with a maximum of up to six per vessel per trip, whichever is less. Headboat vessels may not possess more than one swordfish per paying passenger with a maximum of up to fifteen per vessel per trip, whichever is less. Swordfish taken under a recreational bag limit shall not be sold, purchased, exchanged, bartered, or attempted to be sold, purchased, exchanged, or bartered.D. Gamefish. Louisiana Revised Statutes Title 56 §327(A)(1)(b)(i) designates sailfish (Istiophorus platypterus), blue marlin (Makaira nigricans), black marlin (Makaira indica), striped marlin (Tetrapturus audax), hatchet marlin (Tetrapturus spp.), and white marlin (Tetrapturus albidus) as saltwater gamefish. This rule does not affect the designation of gamefish status, which is retained by the legislature [R.S. 56:6(25)(a)]. Vessels engaged in commercial fishing shall not possess any of these species.E. Permits 1. Recreational Tournament Operators- a person conducting a tournament involving scorekeeping or awards for Atlantic billfish (whether or not retained), must register with the National Marine Fisheries Service.
2. Commercial-Swordfish a. The owner of a vessel of the United States or a vessel that fishes for or possesses swordfish, or takes swordfish as incidental catch, regardless of whether retained, must possess a valid commercial permit issued by the National Marine Fisheries Service under the Federal Fishery Management Plan for Atlantic Swordfish. This permit must be aboard the vessel and available for inspection by agents of the Department of Wildlife and Fisheries Enforcement Division. The captain of the vessel is also responsible to ensure the validity and possession of the permit aboard the vessel before retaining, possessing, selling or attempting to sell swordfish.b. A wholesale/retail dealer who first receives swordfish must have been issued a valid dealer permit under the Federal Fishery Management Plan for Atlantic Swordfish. This dealer permit must be in possession of the wholesale/retail dealer and available for inspection by agents of the Department of Wildlife and Fisheries Enforcement Division. F. All persons fishing for swordfish, or persons receiving any swordfish from fishermen, who do not possess a permit issued by the National Marine Fisheries Service under the Federal Fishery Management Plan for Atlantic Swordfish shall not sell, barter, trade, exchange or attempt to sell, barter, trade or exchange any swordfish, or possess any swordfish in excess of a recreational creel limit.G. No person aboard any vessel shall transfer or cause the transfer of swordfish between vessels on state or federal waters.H. No person shall purchase, sell, exchange, barter or attempt to purchase, sell, exchange, or barter any swordfish in excess of any possession limit for which a commercial permit was issued.I. Seasonal Closures. The secretary of the Department of Wildlife and Fisheries is hereby authorized to close any recreational or commercial fishery for marlins or swordfish, within and without Louisiana's territorial waters, when the secretary is notified by the National Marine Fisheries Service that the seasonal quota for that species and fishery has been met. The closure order shall close the fishery until the date projected for the reopening of that fishery in the adjacent federal waters. The secretary is also hereby authorized to modify any such closure order to maintain consistency with reopening dates in the adjacent federal waters, should the federal closure dates be modified.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 billfishes (Istiophoridae spp.) while fishing in the EEZ, or possess, purchase, sell, barter, trade, or exchange billfishes 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.La. Admin. Code tit. 76, § VII-355
Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 25:542 (March 1999), amended LR 26:1676 (August 2000), LR 27:2266 (December 2001), Amended LR 482994 (12/1/2022).AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6(25)(a), R.S. 56:326.1, and R.S. 56:326.3.