Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-305 - Definitions (Formerly LAC 43:I.855)

Current through Register Vol. 50, No. 6, June 20, 2024
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.
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.