MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Marine Resources

By: Representative Ladner

House Bill 972

(As Passed the House)

AN ACT TO CREATE A PILOT PROGRAM FOR BOTTOM LAND LEASING FOR OYSTER PRODUCTION; TO AUTHORIZE THE SECRETARY OF STATE 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 Secretary of State shall conduct a pilot program for bottom land leasing for oyster production.  The Secretary of State 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, which shall include any natural reefs within the areas, the Secretary of State 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 Secretary of State 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 Secretary of State for deposit into the Seafood Fund under Section 49-15-17, for use by the Department of Marine Resources 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.