Could a Louisiana seafood dealer be cited for undersized crabs after identifying the fisherman who harvested them?

Plain-English summary

The Louisiana Seafood Industry Advisory Board asked how officers should handle a seafood dealer found with undersized crabs. Under the statute quoted in Opinion 03-0007, a dealer who identified the commercial fisherman who harvested and sold the crabs at the time of discovery was not subject to the penalties. The Attorney General distinguished immunity from a penalty from immunity from a citation: if the dealer's information was truthful and met the required identification rule, the officer should not cite the dealer; if an investigation produced probable cause that the information was false or noncompliant, the officer could and should cite.

The opinion also addressed which crabs the department could inspect under this provision. It read the statute's express reference to unboiled crabs as excluding checks of boiled crabs for undersized-crab violations under that section.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Seafood dealers

The AG's answer turned on identification supplied at the time the undersized crabs were discovered. He said a dealer should not be cited when the information was truthful and complied with La. R.S. 56:326 F (2). The opinion did not treat merely naming someone as sufficient if the information was false or deficient.

Commercial fishermen

The opinion quoted the identification rule for crabs sold by commercial fishermen. It called for the fisherman's name, license number, and the date the crabs were harvested, so the harvester could be identified.

Wildlife and fisheries enforcement officers

The AG said probable cause arising from an investigation of the dealer's information supported a citation when the information was false or did not conform to the statute. He separately concluded that boiled crabs should not be checked under the undersized-crab provision he analyzed.

Common questions

Q: Did identifying the fisherman always stop an undersized-crab citation? A: The opinion said no. Identification had to be timely, truthful, and compliant with the statutory details. An officer with probable cause that it was false or deficient could cite the dealer.

Q: What information did the fisherman have to provide on sold crabs? A: The statute quoted in the opinion required identification that included the commercial fisherman's name, license number, and harvest date.

Q: Could wildlife officers inspect boiled crabs for undersized-crab violations under this section? A: The AG said no. He read the section's permission to check unboiled crabs as excluding boiled ones.

Q: Why did the AG distinguish a citation from a penalty? A: The statute said a properly identified dealer would not be subject to penalties. The AG explained that a citation could still be appropriate when an investigation showed probable cause that the dealer's identifying information was false or noncompliant.

Background and statutory framework

The request asked about dealer citations and boiled-crab inspections. The opinion quoted La. R.S. 56:326 F (1), which addressed possession of undersized crabs, the dealer's identification of the harvesting fisherman, and checks of unboiled crabs. It then quoted La. R.S. 56:326 F (2), which specified the identifying information on crabs sold by commercial fishermen. The PDF extract supplies the opinion number but no legible release date, so the date field is blank.

Citations and references

Authorities in the opinion: La. R.S. 56:326 F (1) and La. R.S. 56:326 F (2).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0007

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

DEPARTMENT OF JUSTICE
One American Place
301 Mare Street, Suite bOO
CIVIL DI~/ISION
P.O Box q4005
BATON ROUGE
TEL.: 1225) 342-7013

70804-9005
FAX: (225) 342-209~
RICHARD P. IEYOUB
ATTORNEY GENERAL

OPINION NO. 03-0007
11 CRIMINAL LAW-Crime & Offenses
16 CONSERVATION OF NATURAL RESOURCES-Fish & Gan"

La. R.S. 56:326 F (1) & (2)
Mr. Jerald Horst
Facilitating Chairman
Citations for violations under La. R.S. 56:326 F (1) should be given
when the dealer timely provides the required information and the Louisiana Seafood Industry Advisory Board enforcement officer’s investigation produces probable cause to believe that the dealer’s information is false or not in conformity 6640 Riverside Drive, # 200 with La. R.S. 56:326 F (2). Further, boiled crabs should not be
Metairie, Louisiana 70003-7110
checked for violations of this statute.

Dear Mr. Horst:

You have requested an opinion of this office with respect to two aspects of La.
R.S. 56:326 F (1) which reads as follows:

Notwithstanding any provisions of law to the contrary, a wholesale or retail dealer and a commercial fisherman may be subject to the penalties provided by law for the possession of undersized crabs.
If the wholesale or retail dealer can provide to wildlife and fisheries agents at the time of discovery the identity of the commercial fisherman who harvested the undersized crabs and subsequently sold such crabs to the wholesale or retail dealer, the dealer shall not be subject to the penalties. The department may check unboiled crabs for violations of the undersized crab provisions of this Section.

First, you ask if "a dealer in possession of over the allowable of undersized crabs should be cited for violation of the statute if he or she properly provides the identity of the harvesting fisherman"?

The statute and your question may appear on the surface to be the same, but they are not. The statute provides that the dealer "shall not be subject to penalties" not that the dealer may not be cited. The difference is a matter of proof. The enforcement officer may initially receive information from the dealer which would exempt the dealer from penalties. If the information given the enforcement officer at the time of discovery is truthful and in conformance with La. R.S. 56:326 F (2) the dealer should not be cited. If however, the information is not in conformance with La. R.S. 56:326 F (2) or is not truthful, the dealer may and should be cited.

OPINION NO. 03-0007
Mr. Jerald Horst
Facilitating Chairman
LA Seafood Industry Advisory Board
Page No. 2

La. R.S. 56:326 F (2) reads as follows:

Commercial fishermen shall tag, mark, or otherwise identify any crabs that are sold, in a manner which will insure that such commercial fisherman can be identified as the person who harvested the crabs. The identification required herein shall include the commercial fisherman’s name, license number, and date on which the crabs were harvested.

Second, you ask if the Department of Wildlife & Fisheries should check boiled crabs for undersized crab violations? The language of the statute reads as follows: "The department may check unboiled crabs for violations of the undersized crab provisions of this section". This language is clear. If the Legislature intended that boiled crabs could be checked, the statute would read; "The department may check boiled and unboiled crabs for violations." The fact that "boiled" does not appear expresses a clear legislative intent that boiled crabs should not be checked.

In summary, citations for violations under La. R.S. 56:326 F (1) should be given when the dealer timely provides the required information and the enforcement officer’s investigation produces probable cause to believe that the dealer’s information is false or not in conformity with La. R.S. 56:326 F (2). Further, boiled crabs should not be checked for violations of this statute.

Very truly yours,

RICHARD P. IEYOUB

BY:
CHARLES F. PERRY~J
ATT~~~:~
Assistant Attorney General

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