Amendment vs bill Amendment Report for Senate Bill No. 2263 vs As Passed the upper

Struck = removed from the bill ยท added = the amendment's new text.

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2025 By:
House Amendments to Senate Bill No.
Senator(s) Ladner To:
2263 TO THE SECRETARY OF THE SENATE:
Ports and Marine Resources COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
2263 AN ACT TO AMEND SECTION 49-15-27, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF MARINE RESOURCES RELATING TO THE APPROVAL OF OYSTER LEASES;
AMENDMENT NO.
TO AMEND SECTION 49-15-36, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT PERMITTED OYSTER LEASE AREAS NOT SUBJECT TO A LEASE SHALL REMAIN OPEN TO THE PUBLIC;
1 Amend by striking all after the enacting clause and inserting in lieu thereof the following:
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
S.
(3) No individual, corporation, partnership or association may lease less than one (1) acre nor more than two thousand five hundred (2,500) acres total;
B.
however, in the case of an individual there shall be counted towards such limitation any lands leased by PAGE 12263 a corporation, partnership or association in which such individual owns ten percent (10%) or less interest and, in the case of a corporation, partnership or association, there shall be counted toward such limitation any lands leased by an individual stockholder, partner or associate thereof who owns ten percent (10%) or less interest in such corporation, partnership or association.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ G1/2 25/SS26/R953CS PAGE 1 (3) No individual, corporation, partnership or association may lease less than one (1) acre nor more than two thousand five hundred (2,500) acres total;
however, in the case of an individual there shall be counted towards such limitation any lands leased by a corporation, partnership or association in which such individual owns ten percent (10%) or less interest and, in the case of a corporation, partnership or association, there shall be counted toward such limitation any lands leased by an individual stockholder, partner or associate thereof who owns ten percent (10%) or less interest in such corporation, partnership or association.
The department shall prioritize S.
The department shall prioritize applications based on the following criteria, each of which shall be weighted equally:
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 2 applications based on the following criteria, each of which shall be weighted equally:
(iii) Whether lease applicant is registered with the U.S.
PAGE 22263 (iii) Whether lease applicant is registered with the U.S.
* * * ( * * *c) The department has the authority to reconfigure the lease areas from that requested by the applicant in the manner that promotes maximum utilization of the state's S.
* * * ( * * *c) The department has the authority to reconfigure the lease areas from that requested by the applicant in the manner that promotes maximum utilization of the state's resources.
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 3 resources.
( * * *d) The department shall require that the bottoms of water areas to be leased be as definable as possible, taking into consideration such factors as the shape of the body of water, permitted areas, and the condition of the bottom as to hardness or softness which would render it desirable or undesirable for the purpose of oyster cultivation.
( * * *d) The department shall require that the bottoms of water areas to be leased be as definable as possible, taking PAGE 32263 into consideration such factors as the shape of the body of water, permitted areas, and the condition of the bottom as to hardness or softness which would render it desirable or undesirable for the purpose of oyster cultivation.
Throughout the term of every lease issued hereunder, each lessee shall add S.
Throughout the term of every lease issued hereunder, each lessee shall add cultch and make other necessary efforts to ensure the maximum cultivation and propagation of oysters.
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 4 cultch and make other necessary efforts to ensure the maximum cultivation and propagation of oysters.
If the department finds a lessee is not making efforts to cultivate and propagate oysters, and the lessee fails to take remedial steps to address same, such lease shall be subject to termination as provided for hereunder.
If the PAGE 42263 department finds a lessee is not making efforts to cultivate and propagate oysters, and the lessee fails to take remedial steps to address same, such lease shall be subject to termination as provided for hereunder.
Ten (10) days thereafter the department shall enter the S.
Ten (10) days thereafter the department shall enter the termination, cancellation, and forfeiture on its books and give public notice thereof by publication in one (1) local paper in the county where the formerly leased water bottoms are located.
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 5 termination, cancellation, and forfeiture on its books and give public notice thereof by publication in one (1) local paper in the county where the formerly leased water bottoms are located.
(10) The department shall keep an accurate chart of the areas within its jurisdiction and shall mark on such chart those areas which are under lease.
PAGE 52263 (10) The department shall keep an accurate chart of the areas within its jurisdiction and shall mark on such chart those areas which are under lease.
S.
(12) All leases made by the department under the authority of this section shall be subject to the paramount right of the state and any of its political subdivisions authorized by law, to promote and develop ports, harbors, channels, industrial or recreational projects, and all such leases shall contain a provision that in the event such authorized public body shall require the area so leased or any part thereof for such public purposes, that the lease shall be terminated on reasonable notice fixed by the department in such lease.
B.
On the termination of any PAGE 62263 lease, the lessees shall have the right to remove any oysters within the leased area within such time as may be fixed by the department and in accordance with such reasonable rules and regulations as the department may adopt.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 6 (12) All leases made by the department under the authority of this section shall be subject to the paramount right of the state and any of its political subdivisions authorized by law, to promote and develop ports, harbors, channels, industrial or recreational projects, and all such leases shall contain a provision that in the event such authorized public body shall require the area so leased or any part thereof for such public purposes, that the lease shall be terminated on reasonable notice fixed by the department in such lease.
On the termination of any lease, the lessees shall have the right to remove any oysters within the leased area within such time as may be fixed by the department and in accordance with such reasonable rules and regulations as the department may adopt.
The department is enjoined to cooperate with the Jackson County Port Authority, the Harrison County Development Commission, S.
The department is enjoined to cooperate with the Jackson County Port Authority, the Harrison County Development Commission, the municipal port commission and other port and harbor agencies, so that oyster beds shall not be planted in close proximity to navigable channels.
B.
No.
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2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 7 the municipal port commission and other port and harbor agencies, so that oyster beds shall not be planted in close proximity to navigable channels.
However, this exclusive right is subordinate to the rights and responsibilities of the state, any political subdivision of the state, the United States, or any agency or agent thereof, to take action in furtherance of coastal protection, conservation or restoration.
However, this exclusive right is subordinate to the rights and PAGE 72263 responsibilities of the state, any political subdivision of the state, the United States, or any agency or agent thereof, to take action in furtherance of coastal protection, conservation or restoration.
S.
49-15-36.
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 8 49-15-36.
If the department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the department may close designated reef areas and keep them closed during the season.
If the department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the PAGE 82263 department may close designated reef areas and keep them closed during the season.
The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the S.
The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department.
B.
No.
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS PAGE 9 request of the department.
(5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters.
PAGE 92263 (5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters.
This act shall take effect and be in force from and after its passage.
This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.
S.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
B.
AN ACT TO AMEND SECTION 49-15-27, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF MARINE RESOURCES RELATING TO THE APPROVAL OF OYSTER LEASES;
No.
TO AMEND SECTION 49-15-36, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT PERMITTED OYSTER LEASE AREAS NOT SUBJECT TO A LEASE SHALL REMAIN OPEN TO THE PUBLIC;
2263 *SS26/R953CS* ~ OFFICIAL ~ 25/SS26/R953CS ST:
AND FOR RELATED PURPOSES.
Approval of oyster leases by the PAGE 10 Mississippi Department of Marine Resources;
HR43\SB2263A.J Andrew Ketchings Clerk of the House of Representatives PAGE 10263
clarify authority.