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Regular Session, 2012
HOUSE BILL NO. 683
BY REPRESENTATIVE DOVE
FISHING/OYSTERS: Provides relative to alternative oyster culture
AN ACT1
To amend and reenact R.S. 41:1703(A) and 49:214.34(A)(3) and to enact R.S. 41:1703(C)2
and 56:431.2, relative to alternative oyster culture; to authorize the Department of3
Wildlife and Fisheries to issue permits for alternative oyster culture activities; to4
provide parameters for such permits; to provide relative to coastal use permits5
necessary for such activities; to provide relative to penalties; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 41:1703(A) is hereby amended and reenacted and R.S. 41:1703(C)9
is hereby enacted to read as follows:10
§1703. Permits and licenses for encroachments other than reclamation projects11
A. Encroachments, including but not limited to those used for alternative12
oyster culture activities permitted pursuant to R.S. 56:431.2, and other than those13
provided in R.S. 41:1702, may be permitted and licensed by the department under14
the provisions of this Chapter.15
* * *16
C. No lease agreement shall be required in connection with an encroachment17
permit issued pursuant to this Section for alternative oyster culture activities18
permitted by the Department of Wildlife and Fisheries pursuant to R.S. 56:431.219
beyond the oyster lease or lease renewal issued pursuant to R.S. 56:427 or 428 which20 HLS 12RS-1304 ORIGINAL
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covers the state water bottom to which the alternative oyster culture activity permit1
pertains.2
Section 2. R.S. 49:214.34(A)(3) is hereby amended and reenacted to read as follows:3
§214.34. Activities not requiring a coastal use permit4
A. The following activities shall not require a coastal use permit.5
* * *6
(3) Agricultural, forestry, and aquaculture activities on lands consistently7
used in the past for such activities; however, alternative oyster culture activities8
permitted pursuant to R.S. 56:431.2 shall not be exempt from coastal use permit9
requirements.10
* * *11
Section 3. R.S. 56:431.2 is hereby enacted to read as follows:12
§431.2. Alternative oyster culture; permits13
A. Alternative Oyster Culture Permits.14
(1) The provisions of R.S. 3:559.1 through 559.14, R.S. 56:412, 431.1, and15
579.1 notwithstanding, the department is authorized to issue an alternative oyster16
culture permit (AOC permit) to a leaseholder holding a valid oyster lease of state17
water bottoms pursuant to R.S. 56:427 or 428. The area permitted for alternative18
oyster culture shall not extend beyond the boundaries of the existent lease. No AOC19
permit may be issued until the department has completed the marine spatial planning20
required in Subsection C of this Section.21
(2) An AOC permit authorizes the permittee and, upon written authorization22
by the permittee, any person holding a valid oyster harvester license pursuant to R.S.23
56:303.6 and a valid commercial fisherman's license pursuant to R.S. 56:303, to24
engage in the alternative oyster culture activities specified by the department in the25
permit on the permitted area. The permittee may engage in such activities on the26
water bottoms, in the water column, and on the water surface above the water27
bottoms within the permitted area, to the extent specified by the department in the28
permit, and in accordance with the provisions of this Section.29 HLS 12RS-1304 ORIGINAL
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(3) The department may issue AOC permits in numbers, locations, sizes, and1
configurations specified by the department.2
(4) An AOC permit shall be transferrable only with and to the extent of any3
transfer of the lease, and only to the transferee of the lease; however, the permitted4
leaseholder may authorize any person holding a valid oyster harvester license5
pursuant to R.S. 56:303.6 and a valid commercial fisherman's license pursuant to6
R.S. 56:303 to engage in alternative oyster culture activities pursuant to the AOC7
permit. An AOC permit shall be valid for five years or until termination of the lease,8
including any renewal thereof, to which the permit pertains, whichever occurs first.9
If the lease is renewed pursuant to R.S. 56:428, the AOC permit shall continue in10
effect until expiration of the five-year term.11
(5) The department shall promulgate, in accordance with the Administrative12
Procedure Act, rules and regulations to implement the provisions of this Section.13
B. Application and Permitting.14
(1) The application for an AOC permit shall be accompanied by an15
application fee of one hundred dollars. The fee for the permit shall be five dollars16
per year per acre permitted, not to exceed one thousand dollars per permit per year.17
(2) Based on the marine spatial planning required by this Section, any master18
plan or annual plan issued pursuant to R.S. 49:214.5.3, and any other information19
and data deemed relevant by the department, the department may grant an AOC20
permit for a different location, size, or configuration, and for different alternative21
oyster culture activity, than what was requested in the application.22
(3) No AOC permit shall authorize alternative oyster culture activities in an23
area that is, at the time the AOC permit is issued, designated as a navigation channel;24
covered by a coastal use permit or drilling permit; designated for dredging, direct25
placement of dredged or other materials, or other work or activities for the26
construction or maintenance of a project for integrated coastal protection; or27
otherwise determined by the department to be unsuitable or inappropriate for28 HLS 12RS-1304 ORIGINAL
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alternative oyster culture activities. An AOC permit that includes such areas is null1
and void, but only to the extent that it includes such areas.2
(4) The state of Louisiana, political subdivisions of the state, the United3
States, and any agency, agent, contractor, or employee thereof shall be held free and4
harmless from any claim arising as a result of operations by or for a permittee5
pursuant to an AOC permit, and the permittee shall indemnify the state of Louisiana,6
political subdivisions of the state, the United States, and any agency, agent,7
contractor, or employee thereof against any such claim. Prior to engaging in8
alternative oyster culture activities pursuant to an AOC permit, the permittee shall9
have obtained all other local, state, and federal permits necessary for such activity.10
(5) The department may specify or impose limitations regarding the11
equipment and materials authorized to be used for alternative oyster culture12
activities. All equipment and materials used for alternative oyster culture activities13
shall, at a minimum, comply with United States Coast Guard regulations and14
requirements, and with all state and federal fishing laws and regulations. Any15
equipment and materials used for alternative oyster culture activities authorized16
pursuant to this Section may be transported or used in compliance with the17
provisions of this Section.18
(6) The department may specify or impose requirements for marking,19
lighting, or warning devices in relation to alternative oyster culture activities. All20
areas where such equipment or materials are present on state water bottoms shall be21
clearly marked. Marking, lighting, and warning devices for alternative oyster culture22
activities shall, at a minimum, comply with United States Coast Guard regulations23
and requirements, and with all state and federal fishing laws and regulations.24
(7) The department may impose requirements for the permittee to report25
information or data necessary or appropriate for the department to monitor the26
activities under the permit or to study such activities and their results.27
(8) The department may impose requirements for liability insurance to be28
held by the permittee sufficient to cover reasonably foreseeable damages that might29 HLS 12RS-1304 ORIGINAL
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occur as a result of the permitted alternative oyster culture activities, in amounts to1
be determined by the department. The department may also require a permittee to2
post a reasonable removal bond, in amounts to be determined by the department.3
(9) Any AOC permit shall be terminable by the department, and shall include4
language that provides for such termination, upon significant or repeated violation5
of the permit or any applicable statutes, rules, or regulations by the permittee or6
anyone authorized by the permittee to engage in alternative oyster culture activities7
on the permitted area.8
(10) Permit violations shall be considered a class four violation.9
C. Marine Spatial Planning.10
(1) The department shall undertake marine spatial planning to identify areas11
of potential conflict between alternative oyster culture activities and other existing12
or anticipated uses of state waters and water bottoms, including but not limited to13
integrated coastal protection projects as defined in R.S. 49:214.2. The department14
shall complete this marine spatial planning prior to promulgating any rules or15
regulations to implement the provisions of this Section and prior to issuing any AOC16
permits.17
(2) The department shall use the marine spatial planning required by this18
Section to determine areas that are unsuitable or inappropriate for alternative oyster19
culture activities due to creation of unreasonable conflicts with other existing or20
anticipated uses of state waters and water bottoms. The department shall base all21
rules, regulations, and decisions regarding AOC permits on this marine spatial22
planning, any master plan or annual plan issued pursuant to R.S. 49:214.5.3, and any23
other information and data deemed relevant by the department.24
D. Coastal Protection, Conservation, or Restoration.25
(1) The state of Louisiana, political subdivisions of the state, the United26
States, and any agency, agent, contractor, or employee thereof shall be held free and27
harmless from any claims arising under or as a result of the issuance of any AOC28
permit in relation to diversions of fresh water or sediment, dredging or direct29 HLS 12RS-1304 ORIGINAL
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placement of dredged or other materials, any other actions taken for the purpose of1
integrated coastal protection, or adverse effects on water quality, including but not2
limited to increased sedimentation or eutrophication or fluctuations in salinity or pH;3
and any AOC permit granted to any individual or other entity shall include language4
which shall hold harmless from all such claims the state, political subdivisions of the5
state, the United States, and any agency, agent, contractor, or employee thereof.6
(2) All AOC permits shall be subordinate to the rights or responsibilities of7
the state, any political subdivision of the state, the United States, or any agency or8
agent thereof, to take any action in furtherance of integrated coastal protection. For9
purposes of this Section, "integrated coastal protection" shall have the same meaning10
as provided for by R.S. 29:214.2.11
E. Definitions.12
(1) For purposes of this Section, "alternative oyster culture activity" means13
any on-bottom, off-bottom, or other means of cultivating or growing oysters other14
than directly on reefs or other water bottoms, including but not limited to the use of15
on-bottom cages or bags or floating, suspended, or otherwise off-bottom cages or16
bags, and includes the harvesting of oysters so grown or cultivated.17
(2) For purposes of this Section, equipment and materials used for alternative18
oyster culture activities are excluded from the definition of "gear" provided in R.S.19
56:8(57).20
Section 4. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 12RS-1304 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)]
Dove HB No. 683
Abstract: Authorizes alternative oyster culture activities.
Proposed law:
Authorizes the Dept. of Wildlife and Fisheries to issue an alternative oyster culture permit
(AOC permit) authorizing alternative oyster culture activities within the confines of an
existing oyster lease on a state water bottom. The permit may only be issued to a leaseholder
and, upon written authorization from the leaseholder, to a person who holds a commercial
fishing license and oyster harvester license. The alternative oyster culture activities can be
conducted on the leased water bottom, or in the water column or on the surface of the water
above the lease. The permit is for five years or until the end of the water bottom lease,
whichever occurs first, and is transferrable only with and to the extent that a lease is
transferrable.
Provides for a $100 application fee and an annual fee of $5 per acre for the area permitted,
not to exceed $1,000 per year. Authorizes the department to issue the permit for locations
and activities not requested in the permit. Prohibits the issuance of a permit in areas
designated as a navigation channel, already covered by a coastal use permit, designated as
a part of an integrated coastal protection project, or otherwise determined by the department
to be an area inappropriate for alternative oyster culture activities. Authorizes the
department to specify permissible equipment and materials, and requires that all equipment
and materials comply with U.S. Coast Guard regulations and all state and federal fishing
laws.
Authorizes the department to require submission of data to the department. Authorizes the
department to require liability insurance and reasonable removal bond. Authorizes the
department to terminate the permit upon repeated violations of the permit.
Requires the department, prior to the issuance of any alternative oyster culture permit, to
undertake marine spatial planning to identify areas where the potential for user conflict
would make alternative oyster culture activities inappropriate. Requires the marine spatial
planning to be complete prior to the issuance of rules for the AOC permits.
Indemnifies the state, political subdivisions of the state, the federal government, or any
agency, agent, contractor, or employee of any of these from damage resultant from
alternative oyster culture activities and from damage to alternative oyster culture activities
arising from integrated coastal protection activities.
Provides that all AOC permits shall be subordinate to the rights and responsibilities of the
state, any political subdivision of the state, the federal government, or any agency or agent
thereof.
Effective upon signature by governor or lapse of time for gubernatorial action.
(Amends R.S. 41:1703(A) and 49:214.34(A)(3); Adds R.S. 41:1703(C) and 56:431.2)