HLS 10RS-382 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1359
BY REPRESENTATIVE WOOTON
FISHING/OYSTERS: Provides for relocation for those oyster leases located within a public
oyster seed ground
AN ACT1
To provide for the designation of an area of the public oyster seed grounds for relocation of2
certain leases; to provide for the leases eligible for such relocation; to provide for3
restrictions on such leases; to provide for administration of the relocation; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The Louisiana Wildlife and Fisheries Commission shall set aside an area7
of the public oyster seed grounds, established as such prior to January 1, 2009, which are8
located east of the Mississippi River. The area set aside shall be contiguous and shall be9
designated as "leaseable" under specific terms and conditions contained in this Act. The10
commission shall consider recommendations from the Louisiana Oyster Task Force as to the11
size and location of the area to be so designated.12
Section 2. Notwithstanding the provisions of R.S. 56:427 and the moratorium on the13
issuance of oyster leases adopted by the Louisiana Wildlife and Fisheries Commission on14
March 7, 2002 (Section 505 of Chapter 5 of Part VII of Title 76 of the Louisiana15
Administrative Code), on the effective date of this Act, any oyster lease located within a16
public seed ground, as designated by the Louisiana Wildlife and Fisheries Commission17
under the provisions of R.S. 56:433, and any lease which was not renewed by the18
Department of Wildlife and Fisheries since 1998, due to the fact that it was located within19
a public seed ground, shall be eligible for relocation to the area designated as "leaseable"20
under the provisions of Section 1 of this Act. The new lease under the relocation program21 HLS 10RS-382 ORIGINAL
HB NO. 1359
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shall be for an amount of acreage not to exceed the acreage of the lease which is or had been1
located within the public seed ground and shall, otherwise, be in accordance with the2
provisions of Subpart D of Part VII of Chapter 1 of Title 56 of the Louisiana Revised3
Statutes of 1950, comprised of R.S. 56:421 through 452. The department shall notify the4
leaseholder of an affected existing lease, or the leaseholder of record for a lease that was not5
renewed, of the option to relocate the lease. The affected leaseholder or leaseholder of6
record shall have sixty days from the date of notification to notify the Department of7
Wildlife and Fisheries that they desire to relocate or reestablish that oyster lease.8
Section 3. The Louisiana Wildlife and Fisheries Commission shall promulgate rules9
and regulations for the relocation of leases under the provisions of this Act no later than10
January 1, 2011.11
Section 4. The provisions of this Act shall be null and void and of no effect12
beginning on January 1, 2013, and thereafter; however, leases entered into under the13
provisions of this Act shall continue under the terms of the lease. Any water bottom14
remaining in the "leaseable" area after relocation of the eligible leases under the provisions15
of this Act shall be available for lease under the provisions of Subpart D of Part VII of16
Chapter 1 of Title 56 of the Louisiana Revised Statutes of 1950.17
Section 5. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22 HLS 10RS-382 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 1359
Abstract: Provides for a relocation program for oyster leases located with the public oyster
seed grounds.
Proposed law requires the Wildlife and Fisheries Commission to, with recommendations
from the La. Oyster Task Force, set aside an area of the public seed grounds located east of
the Mississippi River to be leaseable under certain terms and conditions.
Proposed law provides that notwithstanding the statutory requirement of "first-come, first-
served" when leasing state water bottoms for oyster production and notwithstanding the
administrative moratorium on the issuance of oyster leases, certain existing leases located
within the public oyster seed grounds, and leases which have not been renewed because they
were located within the public oyster seed grounds, may be relocated to that area of the
public seed grounds set aside for such relocation.
Proposed law provides that the new acreage shall be in an amount not to exceed the prior
lease acreage and provides that all other statutory provisions applicable to oyster leases shall
apply to the relocated leases. Gives the leaseholder of record 60 days to notify the Dept. of
Wildlife and Fisheries that they do want to relocate the lease. Requires promulgation of
rules by Jan. 1, 2011, and requires that such rules include requirements which must be met
in order for the department to partition leases prior to relocation.
Proposed law provides that the Act shall be null and void or of no effect beginning on Jan.
1, 2013, but the leases continue under the terms of the lease. Authorizes the leasing of any
left over acreage in the area set aside under the regular leasing program.
Effective upon signature of governor or lapse of time for gubernatorial action.