Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-307 - Notification to Leaseholder of an Oyster Resource Survey; Procedures and Protocols for an Oyster Resource Survey (Formerly LAC 43:I.857)

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 §307. 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.