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-855 - Definitions

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.