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Regular Session, 2012
HOUSE BILL NO. 1057
BY REPRESENTATIVE LEOPOLD
COASTAL RESOURCES: Provides relative to exchange, relocation, or retention options
for oyster leases subject to adverse impacts resulting from integrated coastal
protection projects
AN ACT1
To enact R.S. 56:432.3, relative to oyster leases; to provide relative to leases subject to2
adverse impacts resulting from integrated coastal protection projects; to provide for3
exchange, relocation, or retention options for such leases; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 56:432.3 is hereby enacted to read as follows:7
ยง432.3. Relocation, exchange, or retention of oyster leases negatively impacted by8
integrated coastal protection9
A. The legislature hereby acknowledges potential conflicts between the10
Department of Wildlife and Fisheries oyster leasing program and the integrated11
coastal protection efforts of the state as embodied in the Louisiana Comprehensive12
Master Plan for a Sustainable Coast. The legislature recognizes both the importance13
of the oyster industry to the state's cultural identity and economy and the necessity14
of integrated coastal protection. Therefore, in addition to the oyster lease acquisition15
and compensation program provided in R.S. 56:432.1, the Office of Coastal16
Protection and Restoration is hereby required to develop as a part of the Master Plan17
for a Sustainable Coast a program for the exchange, relocation, or retention of an18 HLS 12RS-1705 ORIGINAL
HB NO. 1057
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oyster lease found to be in the impact areas of integrated coastal protection projects1
contained in such master plan.2
B. The Office of Coastal Protection and Restoration shall identify all oyster3
leases determined to be subject to adverse impact from an integrated coastal4
protection project contained in the Master Plan for a Sustainable Coast and notify5
both the leaseholder of record and the Department of Wildlife and Fisheries of such6
determination. Notwithstanding the moratorium on the taking of oyster lease7
applications and the issuance of new oyster leases adopted by the Louisiana Wildlife8
and Fisheries Commission on March 7, 2002, all leaseholders notified of a potential9
adverse impact from an integrated coastal protection project contained in the Master10
Plan for a Sustainable Coast shall be eligible for exchange, relocation, or retention11
of leases so identified.12
C. Once notified of potential adverse impacts to a lease, a leaseholder may13
elect to exchange his lease for acreage available for lease by the Department of14
Wildlife and Fisheries, which shall be "in kind" and shall serve as a continuance of15
comparable operations for the leaseholder. The exchanged lease shall begin a new16
lease term. In addition, the leaseholder may elect to relocate his lease. Relocation17
shall require replacement of the lease subject to adverse impact with another site or18
sites where there are no adverse impacts anticipated, or the leaseholder may elect to19
retain the lease which is subject to adverse impact from an integrated coastal20
protection project. If the leaseholder elects to retain the lease, the lease shall contain21
a clause stipulating that the lease is subservient to any integrated coastal protection22
project and that the leaseholder accepts the risks of continuing to lease in an area23
where there are potential adverse impacts. If a leaseholder determines that he would24
prefer acquisition of his lease rather than exchange, relocate, or retain such lease, the25
provisions of R.S. 56:432.1 shall apply.26
D. Costs associated with exchange, relocation, or retention of oyster leases27
subject to adverse impact from an integrated coastal protection project shall be28
included in the cost of the project as estimated in the Master Plan for a Sustainable29 HLS 12RS-1705 ORIGINAL
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Coast. Such costs shall include reimbursement for application fees, survey expenses,1
and marking costs of an exchanged or replacement lease.2
E. The Office of Coastal Protection and Restoration, in consultation with the3
Louisiana Oyster Task Force and the Department of Wildlife and Fisheries, shall4
promulgate under the Administrative Procedure Act rules and regulations necessary5
for the implementation of the provisions of this Section, including but not limited to6
establishment of deadlines for selection of alternatives and notification of acceptance7
of decisions and determination of standard costs for cultch materials, transportation8
of cultch and oysters.9
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)]
Leopold HB No. 1057
Abstract: Provides for a program for relocation, exchange, or retention of oyster leases
negatively impacted by integrated coastal protection projects.
Requires the Office of Coastal Protection and Restoration to include as a part of the Master
Plan for a Sustainable Coast a program for relocation, exchange, or retention of oyster leases
negatively impacted by integrated coastal protection projects.
Requires the office to identify oyster leases subject to adverse impact from coastal protection
projects and notify both the leaseholder of record and the Dept. of Wildlife and Fisheries.
Provides that the moratorium on new oyster leases adopted in March 2002 shall not be
applicable to relocation or exchange of leases so identified.
Authorizes the leaseholder so notified to elect whether to exchange his lease for acreage
available for lease by the Dept. of Wildlife and Fisheries or to relocate his lease to a location
where there will be no adverse impacts from coastal protection projects or to retain the lease.
If the leaseholder elects to retain the lease, he shall stipulate that he accepts the risks of
continuing to lease in that area.
Requires that the costs associated with this program be included in the project costs
estimated in the Master Plan for a Sustainable Coast and that the costs of application fees,
survey expenses, and marking coasts of an exchanged or replacement lease be included.
Requires promulgation of rules by the office of coastal protection and restoration, in
consultation with the La. Oyster Task Force.
(Adds R.S. 56:432.3)