§ 30:101.9 — Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated

Louisiana § 30:101.9

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§101.9. Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated
Fund Account
A. There is hereby established a statutorily dedicated fund account in the custody of
the state treasurer to be known as the Fishermen's Gear Compensation and Underwater
Obstruction Removal Dedicated Fund Account, hereafter referred to in this Section as the
"account", into which the state treasurer shall, each fiscal year, deposit the revenues received
from the collection of the monies enumerated in Subsection C of this Section, after those
revenues have been deposited in the Bond Security and Redemption Fund. Out of the funds
remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated
from that fund to pay all the obligations secured by the full faith and credit of the state that
become due and payable within each fiscal year, the treasurer shall pay into the account an
amount equal to the revenues generated as provided for in Subsection C of this Section.
Such funds shall constitute a special custodial trust account which shall be administered by
the secretary who shall make disbursements from the account solely in accordance with the
purposes and uses authorized by this Part.
B. The funds received shall be placed in the account to be used only in accordance
with this Part and shall not be placed in the general fund. The funds shall only be used for
the purposes set forth in this Part and for no other governmental purposes, nor shall any
portion hereof ever be available to borrow from by any branch of government. It is the intent
of the legislature that this account shall remain intact and inviolate. Any interest or earnings
of the account shall be credited only to the account. Monies deposited into this account shall
be categorized as fees and self-generated revenue for the sole purpose of reporting related
to the executive budget, supporting documents, and general appropriation bills and shall be
available for annual appropriation by the legislature.
C. The following monies shall be placed into the account:
(1) Private contributions.
(2) Interest earned on the funds deposited in the account.
(3) Any grants, donations, and sums allocated from any source, public or private, for
the purposes of this Part.
(4) Any monies deposited into the account pursuant to R.S. 30:101.11(B)(2).
D. The monies in the account may be disbursed and expended pursuant to the
authority and direction of the secretary for the following purposes and uses:
(1) Any underwater obstruction identification, inventory, or removal conducted by
the department pursuant to this Part.
(2) The administration of this Part by the department in an amount not to exceed two
hundred thousand dollars in any fiscal year.
(3) The payment of fees and costs associated with the administration of the account
and any contract with a private legal entity pursuant to this Section.
(4) Any other expenditures determined necessary by the secretary to meet the
purposes of this Part.
(5) Payment of any fully justified claim made in accordance with procedures
established in this Section for actual damages suffered by a commercial or charter boat
fisherman as a result of hitting or snagging an obstruction or hazard in the waters of the state
resulting from natural occurrences, oil and gas activities, or other activities where the owner
of the obstruction is unknown.
NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.

Legislative History

Acts 1997, No. 666, §2; Acts 1999, No. 599, §1, eff. July 1, 1999; Acts 2021, No. 114, §§6, 18, eff. July 1, 2022; Acts 2022, No. 100, §2, eff. July 1, 2023; Acts 2024, No. 80, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.