La. Admin. Code tit. 43 § I-855

Current through Register Vol. 50, No. 6, June 20, 2024
Section I-855 - Definitions
A. The following shall apply for purposes of these regulations.

Affected Acreage- the portion of an affected lease located within a direct impact area of a project.

Affected Lease- an existing oyster lease identified by the department from records provided and maintained by DWF as being located, in whole or in part, within a direct impact area of a project.

Coastal Protection, Conservation, or Restoration- any project, plan, act, or activity for the protection, conservation, restoration, enhancement, creation, preservation, nourishment, maintenance, or management of the coast, coastal resources, coastal wetlands, and barrier shorelines or islands, including but not limited to projects authorized under any comprehensive coastal protection master plan or annual coastal protection plan issued pursuant to Part II of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 1950.

Department- the Department of Natural Resources, its secretary, or his designee.

Direct Impact Area- the physical location upon which dredging, direct placement of dredged, or other materials, or other work or activities necessary for the construction or maintenance of a project is planned to occur or has occurred.

DWF- the Department of Wildlife and Fisheries, its secretary, or his designee.

Effective Date of Acquisition- the date set by the department in accordance with these regulations and R.S. 56:432.1 upon which the affected lease or affected acreage shall revert back to the state of Louisiana, free and clear of any lease or other obligation or encumbrance.

Leaseholder- the last lessee of record, or his designee, of an oyster lease let by DWF pursuant to R.S. 56:425, et seq., as identified in records provided and maintained by DWF.

Marketable Oysters- includes both seed and market-size oysters as defined by DWF.

Oyster Resource Survey- any survey or sampling to obtain information that may include but is not limited to oyster density (via square meter samples), oyster condition, bottom condition, bottom type, oyster standing crop, oyster physiology, oyster mortality, water depth, water temperature, water salinity, and assessment of oyster reef community organisms.

Potential Impact Area- the physical location upon which dredging, direct placement of dredged, or other materials, or other work or activities necessary for the construction or maintenance of a coastal protection, conservation, and restoration project is projected, possible, or estimated to occur.

Potentially Affected Acreage- the portion of a lease located within the potential impact area of a project.

Potentially Affected Lease- an existing oyster lease identified by the department from records provided and maintained by DWF as being located, in whole or in part, within a potential impact area of a project.

Project- any project, plan, act, or activity recognized by the department as relating to coastal protection, conservation, or restoration.

Secretary- the Secretary of the Department of Natural Resources or his designee, unless otherwise specifically stated in this Subchapter.

La. Admin. Code tit. 43, § I-855

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 32:2089 (November 2006).
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:213.1, et seq., R.S. 56:421, et seq., and R.S. 56:432.1.