Office of Coastal Management

Oyster Leases Not Renewed in Impact Zones To Avoid Future Lawsuits

Jack Caldwell, Secretary of the Louisiana Department of Natural Resources, today said state officials will not renew some of the expiring oyster leases in the Breton Sound area because of the potential liability resulting from a recent Plaquemines Parish jury verdict and the state's desire to proceed with its coastal restoration efforts.

According to Caldwell, all 22 leases located within the Caernarvon Freshwater Diversion Impact Zone, and any previously expired leases within that zone which potentially could be renewed will be denied renewal at this time.

"We cannot renew these particular leases at this time because the state's attorneys have advised that the state would be exposed to additional claims from the same oyster lessees who recently were awarded millions of dollars by a jury verdict in Plaquemines Parish," Caldwell said. "It comes down to a choice between stopping critical coastal restoration work and losing even more of our coastline, or face unbearably large court claims from oystermen."

In the Barataria Basin, where the Davis Pond diversion project is scheduled for opening later this year, a $7.5 million relocation program will be available to move some oyster beds. However, the program does not cover the entire basin, so 160 leases located outside the relocation area will not be renewed. This action is intended to avoid lawsuits in that area.

"There is no easy solution, but we cannot abandon our coastal restoration efforts. The irony is the oyster industry itself faces certain annihilation from the unchecked advances of saltwater," Caldwell said. "The state must pursue a course that allows coastal restoration to proceed, yet protects the livelihood, but not the enrichment, of oystermen and their families."

According to Caldwell, the Foster Administration will seek means to build new oyster reefs in areas not expected to be adversely impacted by coastal restoration projects and harvesting opportunities could be made available to oystermen on these public beds in an equitable manner, as in other oyster growing states.

"Louisiana has made great strides in its coastal program. Congress is becoming more and more aware of the treasure the nation will lose as Louisiana's coast continues to disappear. For the first time ever, Congress recognized the adverse impacts of offshore oil and gas operations on Louisiana's environment and provided $28 million for abatement efforts," Caldwell said. "The Breaux Act was recently renewed that provides $400 million over the next nine years for coastal restoration projects. CARA (The Conservation and Reinvestment Act) almost passed last year and we will vigorously push it this year in Congress. It could provide more than $200 million a year for our coastal efforts.

"We've come too far to allow our resolve to slacken. We must address and overcome the clash of interests between saving our coast and awarding generous windfalls to oystermen, " Caldwell said. "The greater good for all citizens, not just for a few, must be pursued."

The State of Louisiana will appeal the recent Plaquemines Parish verdict that awarded $48 million to five oystermen for alleged damages caused by the Caenarvon freshwater diversion project. The restoration project has been successful in building new marshland and in greatly increasing the populations of shrimp, fish, crabs, oysters and other wildlife, according to Caldwell.

Read the Houma Daily Courier's Editorial: Choose One: Restoration or Oysters

Editors: For more on this topic, please contact DNR Public Information Officer Phyllis Darensbourg at 225-342-8955.