RÉSUMÉ DIGEST
ACT 570 (HB 1130) 2016 Regular Session Garofalo
New 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.
New 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.
New 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.
New 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.
New 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.
New 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 July 1, 2016.
(Adds R.S. 56:425.1)