GREEN SHEET REDIGEST
HB 1130 2016 Regular Session Garofalo
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
FISHING/OYSTERS. Allows for dual leasing of water bottoms for oyster cultivation
and harvest.
DIGEST
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.
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 on July 1, 2016, if and when House Bill No. 902 of this 2016 R.S. is enacted.
(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.
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Prepared by Alan Miller. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
reengrossed bill
1. Remove provision that limits agreements between the state and a private claimant
to up to a 15-year duration.
2 Change provision that states the bill will become effective if and when House
Bill No. 902 of this 2016 R.S. is enacted.
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Prepared by Alan Miller.