These applied to commercial shi'imp fishing from March 

 15 to May 16 and from June 2$ to August l6. The high 

 non-resident license fee for fishing craft and fisher- 

 men sharply limited operation of out-of-state boats in 

 Louisiana waters with the exception of those from 

 Mississippi. The latter State has a reciprocal agree- 

 ment with Loui 3 iana for operation of Mississippi craft 

 in certain designated Louisiana waters. Previous to 

 the passage of the legislation in I9I46, Alabama fish- 

 ermen enjoyed the right to operate in Louisiana waters 

 without payment of the non-resident license fee. A 

 number of Louisiana shrimp travxlers operated out of 

 Texas ports during the early months of 19it7. This 

 resulted in controversies between the resident and 

 non-resident shrinf) producers. The Texas legislature 

 in 19it7 enacted additional laws and fees restricting 

 non-resident fishermen and fishing craft. 



The United States Supreme Court in a decision rendered since 

 19i»7 (Toomer v. Witsell) has taken a significant step toward elimination 

 of discriminating state legislation. The underlying facts in this case, 

 and the substance of the Court's opinion, are digested as follows (92 L 

 ed lii60) : 



South Carolina statutes impose a poundage tax on 

 shrimp taken in the 3-n"'ile belt of its coast requiring 

 a license fee for each shrimp boat owned by a non- 

 resident one hundred times the fee for boats owned by 

 residents; condition the issuance of licenses to non- 

 residents on submission of proof that the applicants 

 have paid South Carolina income taxes on all profits 

 from operations in that State diu?ing the preceding 

 year; and that all boats are licensed to trawl for 

 shrmp in the State's waters, dock at a South Carolina 

 port, and unload, pack, and stamp their catch with 

 a tax stamp before shipping or transpox'tijig it to 

 another state.,,. 



The Supreme Court majority held: 



...(3) that the imposition of a discriminatory 

 license fee for boats owned by non-residents was 

 without reasonable basis and, therefore, in vio- 

 lation of the privileges and inununities clause, 

 and ih) that the requirement that shrimp fishing 

 boats dock at a South Cai-olina port and unload, 

 pack, and stamp their catch for tax purposes before 

 shipping or transporting it to another State, im- 

 constitutionally burdened interstate commerce and 

 covild not be sustained as a proper means of insuring 

 collection of the poundage tax* 



51 



