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 61 Reengrossed 2022 Regular Session Kerner
Abstract: Extends the Fishermen's Gear Compensation Fund and payments into the Underwater
Obstruction Removal Fund until June 30, 2023, and creates the Fishermen's Gear
Compensation and Underwater Obstruction Removal Dedicated Fund Account.
Present law creates the Fishermen's Gear Compensation Fund to pay compensation for damages
suffered by a commercial fisherman as a result of hitting or snagging on an obstruction or a hazard
in waters of the state resulting from natural occurrences, oil and gas activities, or other activities
where the obstruction is unknown. Provides that payments into the Underwater Obstruction
Removal Fund will cease on June 30, 2022.
Proposed law extends payments into the Underwater Obstruction Removal Fund to June 30, 2023,
and extends the existence of the Fishermen's Gear Compensation Fund to June 30, 2023.
Proposed law sunsets the Fishermen's Gear Compensation Fund and creates the Fishermen's Gear
Compensation and Underwater Obstruction Removal Dedicated Fund Account.
Proposed law authorizes the secretary of the Dept. of Natural Resources to levy an annual fee in the
amount of $400 upon each lessee or operator for any agreement for mineral or energy production or
for subsurface storage entered into by the State Mineral and Energy Board and each grantee of a state
right-of-way, for each lease and right of way on July 1, 2023, and which are located within the
coastal zone boundary. Further prohibits the secretary from levying the fee upon a political
subdivision of the state.
Proposed law provides for the eligibility of claimants and the requirements for disbursement of
funds.
Proposed law requires the department to maintain an accurate accounting of all structures and
facilities on state waterbottoms and to classify all potential hazards to commercial fishing.
Proposed law provides a termination date of June 30, 2027, for the program and fund account.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends the heading of Part VIII of Chapter 1 of Title 30 of the Louisiana Revised Statutes of 1950,
R.S. 30:101.1, 101.2(A), 101.3(1) and (4), 101.4(Section heading) and (A), 101.5(A)(1), 101.6(A)(5)
and (6), and 101.9(Section heading), (A) and (C)(4), R.S. 36:354(E)(2), and R.S. 56:700.2(A)(4) and 700.6; Adds R.S. 30:101.3(7) and (8), 101.6(A)(8) and (9), 101.9(D)(5), and 101.11-101.15; Repeals
R.S. 56:700.1-700.6) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Reduce the period of extension of payments into the Underwater Obstruction Removal
Fund from June 30, 2026, to June 30, 2023. Additionally, provide a special effective
date of July 1, 2022, for this provision.
2. Change the termination date of the Fishermen's Gear Compensation Fund from June 30,
2026, to June 30, 2023.
3. Move present law from Title 56 to Title 30 by inserting a new section of law to combine
the Fishermen's Gear Compensation Fund with the Underwater Obstruction Removal
Program and create a new dedicated fund account for fishermen's gear compensation and
underwater obstruction removal. Additionally, provide a special effective date of July 1,
2023, for these provisions.
4. Authorize and direct the state treasurer to transfer any balances in the Fishermen's Gear
Compensation Fund that was repealed in connection with the transfer of provisions to
Title 30 to the new Fishermen's Gear Compensation and Underwater Obstruction
Removal Dedicated Fund. Additionally, provide a special effective date of July 1, 2023,
for this provision.
5. Provide for assessment of an annual fee in the amount of $400 upon each lessee or
operator for any agreement for mineral or energy production or for subsurface storage
entered into by the State Mineral and Energy Board and each grantee of a state right of
way to be deposited in to the Fishermen's Gear Compensation and Underwater
Obstruction Removal Dedicated Fund Account.
6. Provide for powers of the secretary and the assistant secretary of the Department of
Natural Resources.
7. Provide for the eligibility of claimants.
8. Provide for disbursement of funds from the fund account to eligible claimants.
9. Provide a sunset date for the program and account.
10.Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.