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LA. SEAFOOD MANAGEMENT COUNCIL v. LA. WILDLIFE AND FISHERIES COM'N

No. 97-CA-1367.

715 So.2d 387 (1998)

LOUISIANA SEAFOOD MANAGEMENT COUNCIL, et al. v. LOUISIANA WILDLIFE AND FISHERIES COMMISSION, et al.

Supreme Court of Louisiana.

May 19, 1998.

Attorney(s) appearing for the Case

Edmond Wade Shows, Richard Phillip Ieyoub, Attorney General, Frederick Whitrock, T. Michael Landrum, Ronnie J. Berthelot, Donald Edwin Puckett, Thomas E. Balhoff, Judith R.E. Atkinson, Baton Rouge, for Applicant.

Robert Alan Barnett, New Orleans, Paul R. Baier, Baton Rouge, for Respondent.

LEMMON, Justice.*

This is a direct appeal from a judgment of the trial court that declared unconstitutional several portions of Act No. 1316 of 1995, entitled the Louisiana Marine Resources Conservation Act and colloquially called the "gill net ban" law.1

Facts

Act 1316 of 1995 significantly restricted the use of gill nets by commercial fishermen in Louisiana waters. The principal limitations...

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