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 Reengrossed 2016 Regular Session Garofalo
Abstract: Authorizes joint leasing between the Dept. of Wildlife and Fisheries and private
claimants of certain 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 to a third party for the cultivation and harvest of oysters. Limits the agreements
to a 15-year duration. 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. Authorizes the Dept. of Wildlife and Fisheries to promulgate the
processes by which the agreements will be negotiated and administered.
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 between July 1, 2016, and the final implementation of Phase Three of
the oyster moratorium lifting process, oysters found on a vessel owned by the holder of a private
oyster lease properly recorded prior to Feb. 1, 2016, are presumed to be legally harvested. Requires
a certified copy of the lease to be carried on each vessel harvesting oysters from the private lease.
Proposed law requires the Dept. of Wildlife and Fisheries to recognize as valid a private oyster lease
properly recorded prior to Feb. 1, 2016, until the processing of Phase Three of the oyster moratorium
lifting process is complete. Provides that recognizing the validity of such lease is not to be
interpreted to indicate ownership of the water bottom or mineral rights beneath the water bottom.
Proposed law defines "dual claim" as a claim to immovable property for which a private claimant
holds title and to which the state claims ownership as a sovereign navigable water bottom but for
which title has not been adjudicated. Effective if and when House Bill No. 902 of this 2016 R.S. is enacted and becomes effective.
(Adds R.S. 56:425.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Limit agreements between the state and a private claimant to a 15-year duration.
2. Require the Dept. of Wildlife and Fisheries to promulgate the processes by which the
agreements will be negotiated and administered.
3. Remove the exemption from the oyster leasing moratorium.
4. Add a provision that states the bill will become effective if and when House Bill No. 902
of this 2016 R.S. is enacted and becomes effective.
The House Floor Amendments to the engrossed bill:
1. Specify that the oyster lease is to a third party.
2. Authorize the Dept. of Wildlife and Fisheries to promulgate rules and regulations rather
than require such promulgation.
3. Provide that between July 1, 2016, and the final implementation of Phase Three of the
oyster moratorium lifting process, oysters found on a vessel owned by the holder of a
private oyster lease properly recorded prior to Feb. 1, 2016, are presumed to be legally
harvested. Require a certified copy of the lease to be carried on each vessel harvesting
oysters from the private lease.
4. Require the Dept. of Wildlife and Fisheries to recognize as valid a private oyster lease
properly recorded prior to Feb. 1, 2016, until the processing of Phase Three of the oyster
moratorium lifting process is complete. Provide that recognizing the validity of such
lease is not to be interpreted to indicate ownership of the water bottom or mineral rights
beneath the water bottom.
5. Define "dual claim" as a claim to immovable property for which a private claimant holds
title and to which the state claims ownership as a sovereign navigable water bottom but
for which title has not been adjudicated.