La. Admin. Code tit. 76 § VII-503

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-503 - Oyster Lease Rental Rate and Default for Non-Payment

A. The rental rate for oyster leases shall be as determined by law.

B. Policy to Comply with Laws Concerning Default in Payment of Rent on Oyster Leases (Noncompliance R.S. 56:429)

1. Annual rental payments shall be due January 1 each year. Annual rental notices will be mailed to lessees no later than December 1 of each year.

2. If a lessee has not paid the rent on or before January 1 of each year, or within 60 days thereafter, the lease shall automatically terminate and be cancelled, and the lessee shall automatically forfeit all the works, improvements, betterment, and oysters on the previously leased water bottoms to the department. Such water bottoms shall then be open for lease in accordance with R.S. 56:425.

3. On or before February 1 each year, the department shall issue a written notice of delinquency by certified mail to each lessee who has not yet paid rent. This notice shall also be published on the department's website and in the official journal of the parish in which the rent-delinquent lease is located.

4. If a lease is forfeited due to failure to pay rent, the cancellation of that lease shall be made public by notice through publication in the official journal of the parish where the formerly leased water bottoms are located. This shall be done within 10 days of cancellation.

5. Any lessee who pays the rent on or after February 1 shall pay the rent due plus an additional 10 percent penalty.

La. Admin. Code tit. 76, § VII-503

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 5:468 (December 1979), Amended LR 46598 (4/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:428 and R.S. 56:429.