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)]
HB 680 Original 2015 Regular Session Leopold
Abstract: Provides relative to certain aspects of private oyster leases located on privately-held
water bottoms.
Present law provides generally for the Dept. of Wildlife and Fisheries to establish and maintain a
system of leasing of state water bottoms for the cultivation, bedding, and harvest of oysters.
Proposed law authorizes private oyster leases for such activities on privately-held water bottoms.
Prohibits the secretary of the Dept. of Wildlife and Fisheries from granting an oyster lease that
extends over or encroaches upon an existing private oyster lease on privately-held water bottoms.
Authorizes a private landowner and a private oyster leaseholder to create and establish a living
shoreline on a private lease. A living shoreline is defined as an engineered, submerged, or inter-tidal
oyster reef in shallow waters not more than four feet deep. Provides that if a formerly private water
bottom containing a private oyster lease is deemed to be water bottom owned by the state, the holder
of the private lease is to be granted a right of first refusal to a lease to be granted by the Dept. of
Wildlife and Fisheries.
Proposed law provides that oysters found on a vessel owned and operated by a private oyster
leaseholder or operated by an agent or employee of such private oyster leaseholder are presumed to
have been legally harvested from the leaseholders private oyster lease. Requires a copy of the lease
to be carried on each vessel used to harvest oysters from the private lease.
Present law requires the Dept. of Wildlife and Fisheries to reasonably investigate water bottom
ownership prior to issuing an oyster lease and to make a determination that the state owns the water
bottom to be leased. Proposed law requires a formal written determination to be made and requires
that at least 30 days prior to the issuance of the written determination, issuance of a new lease, or the
renewal of an existing lease that extends over an existing private lease, a notice is to be sent to any
person or entity holding a recorded property interest in the water bottom in question. Allows the
person or entity so notified 15 days to file suit to challenge the determination, the issuance of a new
lease, or the renewal of an existing lease.
Present law provides that any lease granted prior to June 15, 2006, that affects privately owned water
bottoms is subordinate to the rights of the private landowner at the time the lease was granted.
Proposed law changes that date to July 1, 2015, and includes the rights of an existing private oyster
leaseholder.
Present law allows for reclamation of land by a private landowner of land that has eroded and
thereby becomes water bottoms owned by the state. Requires a permit for such reclamation issued by the State Land Office and reviewed by various state agencies and the governing authority of the
parish where the reclamation would take place. Requires the land reclaimed to be above the
elevation of the ordinary low water mark and to be emergent land capable supporting emergent
vegetation.
Proposed law would allow an oyster reef (or "living shoreline") to be considered a reclamation
project. A living shoreline project would be required to go through the same permitting and review
process as any other reclamation project.
(Amends R.S. 41:1702(D)(1), (2)(e), (F), and (G)(2) and R.S. 56:425(A); Adds R.S. 56:425(F), (G),
(H), and (I))