House Bill 972

AN ACT TO CREATE A PILOT PROGRAM FOR BOTTOM LAND LEASING FOR OYSTER PRODUCTION; TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES TO LEASE CERTAIN AREAS OF BOTTOM LAND FOR OYSTER PRODUCTION TO OYSTER AND/OR SEAFOOD PROCESSORS WHO ONLY OPERATE IN THE WATERS ADJACENT TO HANCOCK COUNTY; TO PROVIDE THE PRICE AND LENGTH OF THE LEASE; TO PROVIDE THAT FUNDS DERIVED FROM THE LEASE SHALL BE DEPOSITED INTO SEAFOOD FUND TO FURTHER OYSTER PRODUCTION IN THIS STATE, WHICH INCLUDES PLANTINGS OF OYSTERS AND CULTCH MATERIALS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Department of Marine Resources, hereinafter called the "department," shall conduct a pilot program for bottom land leasing for oyster production. The department shall lease to oyster and/or seafood processors who only operate in the waters adjacent to Hancock County the following areas of bottom lands for oyster production:

(a) Area 1: The tonging area in Hancock County from the Bay St. Louis Railroad Bridge to Long Point, which is five hundred (500) feet offshore to one (1) mile offshore.

(b) Area 2: Telegraph Reef.

(2) (a) Before approving any leases for the two (2) areas, the department must make an affirmative finding that the lessee is an oyster and/or seafood processor who only operates in the waters adjacent to Hancock County.

(b) The lease shall be for a term of five (5) years, and the lessee shall have the first right to renew the lease for an additional five (5) years. Before such renewal, the department may adjust the acreage and price of the lease to reflect the total number of acres of oyster production.

(c) Each lease shall set a price at Two Dollars ($2.00) per acre for at least the first five (5) years of the lease. (d) All funds derived from leasing shall be paid to the department for deposit into the Seafood Fund under Section 49-15-17, for use by the department to further oyster production in this state, which includes plantings of oysters and cultch materials.

SECTION 2. This act shall take effect and be in force from and after its passage.