Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-857 - Notification to Leaseholder of an Oyster Resource Survey; Procedures and Protocols for an Oyster Resource Survey

Current through Register Vol. 50, No. 6, June 20, 2024
A. When appropriate, the secretary shall
					 determine and delineate the potential impact area of a project and in making
					 such decision may consult with the government agency or any public or private
					 entity responsible for the project.
B. When the secretary determines that an
					 existing oyster lease identified in records provided and maintained by DWF may,
					 in whole or in part, be located within the direct impact area of a project, the
					 secretary may conduct an oyster resource survey.
C. The secretary shall notify the leaseholder
					 in writing at least 15 days prior to the oyster resource survey of the
					 potentially affected acreage or potentially affected lease. The notification
					 shall, at a minimum, include the following:
1. a brief description of the coastal
					 protection, conservation, or restoration project, and a plat or map depicting
					 the project and potentially affected lease or potentially affected
					 acreage;
2. a copy of these
					 regulations,
					 R.S.
					 56:424, and
					 R.S.
					 56:432.1;
3. the date and time of the oyster resource
					 survey;
4. the name of and contact
					 information for the person conducting the oyster resource survey;
5. a statement that the leaseholder or his
					 designee may accompany the person conducting the oyster resource
					 survey;
6. a statement that the
					 state may acquire the potentially affected lease or potentially affected
					 acreage to be surveyed or sampled, and if so, that the leaseholder will be
					 compensated for any acquired lease or portion thereof in accordance with
					 R.S.
					 56:432.1 and this Subchapter;
7. the name of and contact information for a
					 person at the department to direct all inquiries regarding the project and the
					 potentially affected lease or potentially affected acreage;
8. a statement that the leaseholder may
					 provide to the department, through the contact person listed in the notice, any
					 reasonably confirmable data or other information relevant to a determination of
					 the compensation for any potentially affected lease or potentially affected
					 acreage, within 60 days after the actual date of the oyster resource survey
					 conducted pursuant to this Subchapter. Failure to provide such data or
					 information within the specified time period may preclude consideration of such
					 data by the secretary, the department, the person conducting the oyster
					 resource survey, or the appraiser appointed thereby;
9. a statement that if the person conducting
					 the oyster resource survey is unable to conduct the survey on the date provided
					 in the notice, that such person will provide notice to the leaseholder of the
					 new survey date and time by appropriate and reasonable means;
10. a statement that the oyster resource
					 survey is to be conducted in the manner set forth under §857. E of this
					 Subchapter; and
11. a statement
					 that the department, the state of Louisiana, political subdivisions of the
					 state, the United States, or any agency, agent, contractor, or employee of any
					 of these entities is not subject to any obligation, responsibility, or
					 liability in relation to or resulting from any surveying or sampling of any
					 oyster lease, information provided to any leaseholder in relation to any
					 surveying or sampling of any oyster lease, the timing of any acquisition of any
					 part of any lease by the state pursuant to
					 R.S.
					 56:432.1, the lack of acquisition of any part
					 of any lease except as provided by
					 R.S.
					 56:432.1, or any report pursuant to
					 R.S.
					 56:432.2 or otherwise.