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Terms Used In Louisiana Revised Statutes 56:638.3

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

A.  In order to implement the objectives and purposes of this Subpart, the commission shall:

(1)  Take timely action to conserve, manage, protect, and sustain fish species.

(2)  Promote the use of sound conservation, management, and sustainability principles in the regulation of commercial and recreational fishing.

(3)  Actively advocate, on behalf of the fish constituency, improvement of or no net loss of the functionality and value of the fisheries’ habitat and estuary.

(4)  Provide for the preparation and implementation of fish management plans, including plans for habitats, estuaries, and their supporting ecosystems, in accordance with this policy that will prevent overfishing and will achieve and maintain plentiful fish populations to ensure, on a continuing basis, the optimum yield from each fishery while ensuring its sustainability.

(5)  Recognize that fish populations are subject to both natural and man-induced increases and decreases, and that changes in harvest levels may need to be recommended.  If changes are required, these increases and decreases should be distributed among all fishermen in a fair and equitable manner that considers among other factors historical usage, ensuring that no historical user groups will be arbitrarily excluded.

B.  A sustainable fishery is one that is scientifically monitored and actively managed to be viable today and in the future, conserving fish and their environment and supporting the communities and economies that depend upon these resources.

Acts 1991, No. 708, §1; Acts 2014, No. 553, §1.