FISHING/OYSTERS: Decreases the term of oyster leases on state water bottoms

HLS 26RS-1185 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 770
BY REPRESENTATIVE ORGERON
FISHING/OYSTERS: Decreases the term of oyster leases on state water bottoms
1 AN ACT
2 To amend and reenact R.S. 56:428(A) and (B), relative to oyster leases on state water
3 bottoms; to reduce the term of state water bottom oyster leases; to provide for
4 prospective application; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 56:428(A) and (B) are hereby amended and reenacted to read as
7 follows:
8 §428. Commencement and duration of lease; renewal; fixing of rental rates
9 A. All leases made under the provisions of this Subpart shall begin on the
10 day the lease is signed and continue for a period of fifteen five years. The owners
11 of expiring leases have first right of renewal of their leases. However, this right to
12 renewal shall be subject to the provisions of this Subpart. Leases carry the first right
13 of renewal for successive periods of fifteen five years each, provided the lease is
14 capable of supporting oyster populations. Renewals shall be executed by the
15 secretary and shall be made subject to both the provisions of this Subpart and to the
16 rules and regulations established by the department.
17 B. The secretary has sixty days from the date of expiration of a lease to
18 execute a renewal lease. If a renewal lease is not executed within this sixty-day
19 period, the lease is automatically renewed. In either situation, the fifteen-year five-
20 year period of the renewal lease shall begin on the first day following the expiration
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1185 ORIGINAL
HB NO. 770
1 date of the prior lease, and the renewal lease shall be assigned the same number used
2 for the prior lease with the addition of a designation to indicate which year the lease
3 was renewed. If a leaseholder wishes to change the configuration of his lease in
4 accordance with the department's rules governing leased areas, a resurvey and plan
5 of the water bottom shall be made by the leaseholder in accordance with the
6 standards required by the department and a copy supplied to the department. The
7 department may resurvey any lease for potential conflicts with department rules and
8 regulations. If the department determines that a resurvey will be conducted, the
9 leaseholder shall be given ten days written notice of the scheduled resurvey by the
10 department and may be present at the resurvey.
11 * * *
12 Section 2. This Act shall apply prospectively only to new leases and lease renewals
13 executed or automatically renewed after the effective date of this Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 770 Original 2026 Regular Session Orgeron
Abstract: Reduces the term of state water bottom oyster leases and lease renewals from 15
years to five years.
Present law authorizes the secretary of the Dept. of Wildlife and Fisheries to lease state
water bottoms for the taking of oysters and provides procedures and terms for such leases.
Present law establishes that the term for each oyster lease and lease renewal is 15 years.
Proposed law reduces the term of oyster leases on state water bottoms from 15 years to five
years.
Proposed law will only apply to leases executed or renewed after the effective date of
proposed law.
(Amends R.S. 56:428(A) and (B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.