Three Men Cited for Oyster Violations and Other Wildlife and Fishing Infractions in Louisiana

Louisiana - The Louisiana Department of Wildlife and Fisheries (LDWF) reported that on January 30, 2023, three men were cited for alleged oyster violations in St. Bernard Parish.

Agents cited Michael K. Shaw, 52, of San Leon, Texas, Olvera Terrazas Javier, 36, of San Leon, Texas, and Luis Archaga, 28, of Chalmette, Louisiana, for allegedly taking oysters during prohibited hours. Shaw, the vessel's captain, was also cited for two counts of violating the state's health code for oysters for failing to have his Department of Health logbook completed and having no waste receptacle on board, as well as improper running lights and failing to comply with personal flotation device requirements.

Agents were responding to complaints about illegal hour oyster dredging in Bay Eloi from local lease holders. Agents observed the vessel dredging for oysters in heavy fog at 5:46 a.m., with no navigation lights turned on.

When agents stopped the vessel, they discovered 10 mini sacks of oysters without the required Department of Health logbook declaring what the oysters were used for and no waste receptacle for human waste on board.

It is illegal to take oysters from the state's natural reefs and privately owned bedding grounds between the hours of one-half hour after sunset and one-half hour before sunrise. During these hours, all scrapers must be unshackled, disconnected, or in such a state that an LDWF agent can easily determine that they have not been in recent use. When stopped, the subjects were dredging 40 minutes before legal harvest was allowed.

Dredging oysters after hours is punishable by a $950 fine and 120 days in jail. Violations of the state's health code result in a $25 fine and the loss of the product. Improper running lights and failure to comply with PFD requirements can result in a $50 fine.

Agents physically seized two dredged oysters and returned them to the water.

The case will be prosecuted by District Attorney Perry Nicosia. Corporal Blaine Wagner and Agent Heather Fitzgerald are the case agents.

A person is presumed innocent until proven guilty.