Provides for menhaden. (8/1/26) (OR NO IMPACT See Note)

SB 59 amends Louisiana Revised Statutes 56:324 to modify the statutory language governing bycatch restrictions in commercial menhaden operations. The current statute restricts persons who are "legally taking" menhaden from possessing more than five percent by weight of any species of fish other than menhaden and herring-like species. The amended language removes the qualifier "legally" and instead provides that "no person taking menhaden" shall have more than five percent by weight of any such other fish species. This change effectively expands the scope of the restriction to apply to all persons taking menhaden, regardless of whether they possess legal authority to do so. The substantive five percent bycatch limit and the carve-out for herring-like species remain unchanged. The amendment becomes effective August 1, 2026.

The practical effect of this change is to impose the bycatch restriction uniformly on all persons engaged in menhaden fishing activities in Louisiana. Under prior law, the restriction technically applied only to persons with legal authorization to take menhaden, which could have created ambiguity regarding enforcement against unauthorized fishers. The amendment clarifies that the five percent bycatch limit applies regardless of the legality of the underlying menhaden taking itself. This places all individuals engaged in menhaden capture on equal footing with respect to bycatch composition and creates a consistent regulatory standard across both authorized and unauthorized menhaden fishing operations.

The amendment operates within Louisiana's fisheries regulation framework established in Title 56 of the Louisiana Revised Statutes, which governs fish and wildlife management. The bycatch restriction targets the preservation of non-target fish species and reflects the state's interest in sustainable fishery management. Menhaden fisheries have historically been economically significant in Louisiana, and bycatch restrictions serve to minimize incidental harm to other commercial and recreational fish stocks. The amendment does not alter the underlying regulatory authority of the Department of Wildlife and Fisheries to manage menhaden resources or change the enforcement mechanisms available under existing law, but rather clarifies and broadens the applicability of an existing quantitative constraint on fishing operations.