House committee backs 3/4-mile buffer for on-water live-bait sales in oversight of LDWF rule

The House Natural Resources and Environment Committee on Oct. 28 recommended the Louisiana Department of Wildlife and Fisheries (LDWF) pursue a rule amendment to restrict vessel-based sales of live bait within three quarters of a mile of an established brick-and-mortar bait shop.

The recommendation follows testimony and questions about a department Notice of Intent (NOI) that would create a "special bait dealers permit" allowing the sale of live bait during closed season from vessels tied to an onshore business. Tyler Bosworth, secretary for LDWF, told the committee the permit was designed to close an enforcement gap that had forced some fishermen to use processor wholesale permits and trip tickets to move live bait.

"We saw this as a necessary change," Bosworth said, explaining the permit would be tied to a brick-and-mortar facility to avoid undercutting established shops.

Committee members and fishermen pressed LDWF on how the buffer would be measured and on tax and enforcement implications. Representative Bryant asked whether the restriction would be measured from the permanent brick-and-mortar location rather than the vessel; Bosworth confirmed the buffer would be measured from the permanent shop, not the vessel. Representative Reiser noted tax collection is handled by the Louisiana Department of Revenue and not by LDWF; Bosworth and witnesses reiterated that trip tickets and reporting remain required for permitted activity.

Two live-bait vendors gave opposing testimony about how large a buffer should be. Clay Boudreaux of Plaquemines Parish, who said he operates a small marina business and has invested in a vessel outfitted to keep shrimp alive, urged a much smaller buffer. "Putting me 35 football fields out in Barataria Bay from the island is ... it's gonna destroy what I'm trying to do," Boudreaux said of a proposed two-mile buffer and recommended a half-mile alternative.

Michael Guidry, a commercial and live-bait fisherman from Bayou Lafourche, told the committee he opposed allowing on-water sales altogether. Guidry described vessel monitoring requirements under the special permit and said reporting and trip tickets are already required. "Whenever we leave the dock during closed season...we gotta tell them the exact location," he said, arguing the system is already tightly regulated but expressing concern that boat-based sales could create compliance and safety issues.

LDWF corrected an earlier number in testimony, saying the department currently records 59 special bait permits in its system.

On the committee floor, Acting Chair offered a motion to find the proposed rule acceptable conditioned on a two-mile buffer; Representative Breaux then moved a substitute to reduce the buffer to three quarters of a mile. With no recorded objections, the committee accepted the substitute motion by unanimous consent and recommended LDWF use a potpourri amendment at its November commission meeting to implement the buffer and trigger a new public comment period.

The committeeaction is advisory: if LDWF proceeds with the potpourri amendment it must publish changes, accept additional public comment and provide a summary report back to the legislature. The department said it supports the oversight process and plans to present a summary of comments after the November commission meeting.

What happens next: LDWF will pursue the potpourri amendment at its November commission meeting, which will open a new public comment period and produce a summary report for legislative oversight. The committee did not record individual roll-call votes on the substitute motion; the action was approved by unanimous consent ("hearing no objections").