GREEN SHEET REDIGEST
HB 61 2022 Regular Session Kerner
FISHING: Extends the Fishermen's Gear Compensation Fund and extends payments
into the Underwater Obstruction Removal Fund
DIGEST
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.
Proposed law provides that the secretary of the office of coastal management shall administer
the program and fund account for purposes of fishermen's gear compensation, and the
assistant secretary of the office of conservation shall administer the program and fund
account for purposes of underwater obstruction removal.
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.
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Prepared by Jacob Wilson. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
reengrossed bill
1. Add provisions specifying that administration of Fishermen's Gear Compensation
is under the secretary of the office of coastal management, and administration of
underwater obstruction removal is under the assistant secretary of the office of
conservation.
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Prepared by Jacob Wilson.