Louisiana 2016 Regular Session

Louisiana House Bill HB1130

Introduced
4/5/16  
Refer
4/6/16  
Refer
4/6/16  
Report Pass
5/4/16  
Engrossed
5/12/16  
Engrossed
5/12/16  
Refer
5/16/16  
Refer
5/16/16  
Report Pass
5/25/16  
Report Pass
5/25/16  
Enrolled
6/6/16  
Enrolled
6/6/16  
Chaptered
6/17/16  
Chaptered
6/17/16  
Passed
6/17/16  

Caption

Allows for dual leasing of water bottoms for oyster cultivation and harvest

Impact

The impact of HB 1130 on state laws primarily involves the management and leasing of water bottoms. By formalizing the process for joint leasing, the bill provides a mechanism for private and state interests to coexist in the realm of oyster harvesting. This could lead to more efficient use of aquatic resources and better management of local seafood production, ultimately benefiting both the economy and the environment. It also addresses issues related to mineral rights and ownership claims, which are vital for future resource management.

Summary

House Bill 1130 allows for the joint leasing of water bottoms for the purpose of oyster cultivation and harvest. This legislation permits the Louisiana Department of Wildlife and Fisheries to enter into agreements with private claimants, enabling the leasing of certain water bottoms to third parties while maintaining a collaborative relationship between the state and individual leaseholders. The bill aims to effectively resolve competing claims to ownership by establishing a legal framework for these joint leases, which could help sustain the state's seafood industry.

Sentiment

Overall, the sentiment surrounding HB 1130 was favorable among legislators and stakeholders in the seafood industry. Supporters viewed it as a progressive measure aimed at enhancing oyster farming and ensuring sustainable economic development. However, there may have been underlying concerns regarding the complexities of dual claims and how they could affect existing leases and fishing practices. The legislation represents an effort to modernize state regulations to better align with the needs of local seafood businesses.

Contention

Notable points of contention include the definition of 'dual claim' and its implications on existing leases. It is crucial to balance the interests of private claimants with state regulations concerning ownership and usage rights. Some critics might argue that complexities surrounding court determinations of ownership could lead to legal disputes, thereby creating uncertainty for oyster cultivators. Thus, while the bill aims to streamline leasing processes, it also opens up discussions regarding equitable resource distribution and the protection of existing private rights.

Companion Bills

No companion bills found.

Previously Filed As

LA HB680

Provides relative to private oyster leases on privately owned water bottoms

LA HB1102

Oyster bottoms; bring forward code sections related to.

LA HB1575

Oyster bottoms; bring forward code sections related to.

LA HB474

Authorizes the issuance of an alternative oyster culture permit to a person holding an oyster lease on a privately owned water bottom

LA SB2544

Department of Marine Resources; update authority regarding regulation of oyster beds and water bottoms.

LA HB236

Increases penalties for certain oyster harvesting violations

LA HB1281

Bottomland leasing for oyster production; clarify authority of the Mississippi Department of Marine Resources.

LA HB303

Requires successful completion of an oyster harvester education program prior to applying for an oyster harvester license

LA HB245

Provides with respect to the harvesting of oysters for raw consumption within the state

LA SB73

Provides relative to oyster harvesting in Calcasieu Lake. (gov sig)

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