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 1130 Original 2016 Regular Session Garofalo
Abstract: Authorizes joint leasing between the Dept. of Wildlife and Fisheries and private
claimants to the water bottoms of the water bottoms for oyster cultivation and harvest
Proposed law authorizes the Dept. of Wildlife and Fisheries to enter into an agreement with a private
claimant whereby certain water bottoms may, in cooperation between the state and the private
claimant, be leased for the cultivation and harvest of oysters. Specifies that any such agreement does
not in any way indicate or determine ownership of the water bottom nor does the agreement allocate
or designate ownership of mineral rights beneath the water bottom.
Proposed law provides that an agreement may originate with either the department or the private
claimant; requires annual rental payments to be made to the department; and specifies that except
for a determination of state ownership, the lease is subject to the provisions in law that govern oyster
leasing in addition to any other conditions of the agreement between the state and the private
claimant.
Proposed law specifies that the joint agreement between the state and the private claimant remains
in effect for the term of any lease issued subject to the agreement or until ownership of the water
bottom has been determined by final judgment of the court. Terminates any lease subject to the joint
agreement at the time a court has issued a final determination of ownership of the water bottom.
Proposed law provides that any lease to be issued under the provisions of this Section shall not be
subject to the moratorium on oyster leases adopted by the Wildlife and Fisheries Commission on
March 7, 2002.
(Adds R.S. 56:425.1)