La. Admin. Code tit. 76 § VII-531
Current through Register Vol. 50, No. 11, November 20, 2024
Section VII-531 - Oyster Lease RelocationA. Eligibility. Those leases which are currently located wholly within a public oyster seed ground, and any former leases which were determined by the Department of Wildlife and Fisheries to have been non-renewed since 1998 due to the fact that such leases were wholly contained within a public oyster seed ground, shall be eligible for relocation.B. Area of Relocation. The below described area, recommended by the Department of Wildlife and Fisheries and approved by the Office of Coastal Protection and Restoration, in consultation with the Louisiana Oyster Task Force, is hereby set aside from the Public Oyster Seed Grounds east of the Mississippi River, as described in Louisiana Administrative Code (LAC) 76:VII.511. This area is more particularly described as that area within the following coordinates (North American Datum 1983): 1. 89 degrees 27 minutes 49.74 seconds W 29 degrees 27 minutes 48.91 seconds N;2. 89 degrees 26 minutes 36.54 seconds W 29 degrees 27 minutes 48.89 seconds N;3. 89 degrees 26 minutes 36.47 seconds W 29 degrees 26 minutes 38.48 seconds N;4. 89 degrees 28 minutes 04.69 seconds W 29 degrees 26 minutes 43.66 seconds N;5. 89 degrees 28 minutes 58.49 seconds W 29 degrees 26 minutes 41.69 seconds N.C. Amount Lease Acreage Available. Any new lease issued under this relocation program shall be for an amount of acreage not to exceed the acreage of the lease which is being relocated.D. Notification and Application Process. The Department of Wildlife and Fisheries shall notify the leaseholder of an affected existing lease, or the leaseholder of record for a lease that was previously not renewed, of the option to relocate the lease. The affected leaseholder or leaseholder of record shall have 60 days from the date of notification to appear in person at the LDWF Oyster Lease Survey Section office to apply for a relocation lease. Applications shall be on application forms provided by the department and shall be processed by the department in the order in which they are received by the department.E. Deceased Leaseholders. Any person or entity desiring to exercise the relocation rights of an otherwise eligible deceased applicant must present a valid "letter of administration" or "judgment of possession" in order to exercise the relocation rights provided in this Section.F. Partitioning of Leases. Any qualifying leasehold person or entity who requests to have his rights in a qualifying lease partitioned into two or more leases within the relocation area shall provide to the LDWF Oyster Lease Survey Section a valid court order designating such persons or entities, and their respective percentage of lease relocation rights.G. Issuance of Relocated Leases. Relocated leases shall be issued pursuant to LAC 76:VII.501 and 503.H. Expiration Date. This Rule shall expire on January 1, 2013.La. Admin. Code tit. 76, § VII-531
Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 37:1625 (June 2011).AUTHORITY NOTE: Promulgated in accordance with Act 265 of the 2010 Regular Legislative Session.