HLS 10RS-2853 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2010
HOUSE BILL NO. 1451
BY REPRESENTATIVE HENDERSON
FISHING/OYSTERS: Provides relative to the authority of the secretary of the Department
of Wildlife and Fisheries to levy and collect compensation for damages to public
oyster seed grounds and reservations
AN ACT1
To amend and reenact R.S. 56:434(F), relative to the public oyster seed grounds; to require2
compensation for any damage to a public oyster seed ground or reservation; to3
authorize the secretary of the Department of Wildlife and Fisheries to levy and4
collect such compensation; to provide relative to the determination of the amount of5
compensation to be levied; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 56:434(F) is hereby amended and reenacted to read as follows:8
ยง434. Oyster seed grounds; designation and setting aside; rules and regulations9
concerning taking of seed oysters; areas recognized as oyster seed10
reservations; protection of oyster seed reservations11
* * *12
F.(1) The department shall establish and maintain an adequate and vigilant13
watch and control over the areas designated as oyster seed grounds and oyster seed14
reservations, and shall see that all oysters, seed oysters, oyster cultch, or other15
material improvements found or placed thereon are efficiently protected from16
trespass, theft, or injury.17
(2) Any person injuring or damaging any public oyster seed ground or public18
oyster seed reservation or the water bottom of any such seed ground or reservation19 HLS 10RS-2853 ORIGINAL
HB NO. 1451
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shall compensate the department for the damage to the public oyster resources and1
water bottom in an amount equal to the value of such impact as determined by the2
department. The secretary of the department shall have the authority to levy and3
collect such compensation as follows, and may adjust the rates of compensation with4
the concurrence of the secretary of the Department of Natural Resources:5
(a) For reefs containing twenty or more live oysters of a size one inch or6
more per square meter, the compensation rate shall be calculated at the rate of one7
hundred eighty seven cubic yards per acre with the cost set at nine thousand five8
hundred thirty seven plus the three-year average dockside value of live oysters.9
(b) For reefs containing fewer than twenty live oysters of a size one inch or10
more per square meter, the compensation rate shall be calculated at the rate of one11
hundred fifty cubic yards per acre with the cost set at seven thousand six hundred12
fifty dollars per acre plus the three-year average dockside value of live oysters.13
(c) For scattered shell, the compensation rate shall be calculated at the rate14
of one hundred cubic yards per acre with the cost set at five thousand one hundred15
dollars per acre.16
(d) For reefs of proper salinity and hard bottom which contain no live17
oysters, there shall be no compensation require for damages.18
(3) The quantity of live oysters shall be determined by a water bottom19
assessment by the Department of Natural Resources and approved by the Department20
of Wildlife and Fisheries.21
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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)]
Henderson HB No. 1451
Abstract: Provides relative to the authority of the secretary of the Department of Wildlife
and Fisheries to levy and collect compensation for damages to public oyster seed
grounds and reservations. HLS 10RS-2853 ORIGINAL
HB NO. 1451
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law requires the Dept. of Wildlife and Fisheries generally to protect oyster seed
grounds and oyster seed reservations, and specifically to protect them from trespass, theft,
or injury. Proposed law states that any person damaging the seed grounds or reservations
shall compensate the department for such damage in an amount determined by the
department and authorizes the secretary to levy and collect such compensation.
Proposed law outlines the amount of compensation that will be collected based on the
amount of cultch or oysters, or both, on the water bottoms and the value of live oysters
damaged.
(Amends R.S. 56:434(F))