22 Miss. Code. R. 1-10-10.3 - On-Bottom Molluscan Shellfish Leases
A. Lease
Application
1. Any person wanting to lease
bottoms must complete an on-bottom shellfish lease application in writing and
submit it to the MDMR Authority.
2.
Applications will be available at the MDMR office and on it's
website.
3. An application fee of
$50 must be rendered at the time of submission.
4. Applicants must be a resident of the State
of Mississippi or if a firm or corporation, such firm or corporation shall be
organized under the laws of the State of Mississippi, registered with the
Secretary of State's Office, and owned by a resident of the State of
Mississippi.
5. The time and date
of the receipt of each application will be noted on the application.
6. Each application must be accompanied by a
plat showing the proposed lease area using decimal degrees coordinates,
depicting the area to be leased and a description of cultch material and amount
to be deployed.
7. The MDMR will
issue a Public Notice that applications will be accepted and such applications
will be prioritized based on qualifications established in MS Code
49-15-27.
B. Lease
Application Review
1. The MDMR Authority will
review and evaluate each lease application based on the information provided in
the application and determine the qualifications of each applicant.
2. Approval of lease applications will be
based on the information provided in the response application. Applicants will
be prioritized based upon the qualifications established in MS Code
49-15-27.
3. The MDMR Authority may
request additional information from the applicant or conduct site visits as
part of the application process.
4.
Upon approval of the lease application, the applicant will be required to enter
into a lease agreement with the MDMR, which will outline the terms and
conditions of the lease, including rental rates, lease duration, and reporting
requirements.
5. Lease holders must
comply with all applicable federal, state, and local laws and regulations,
including environmental and conservation requirements, throughout the term of
the lease.
6. Applications will be
reviewed by the MDMR staff for compliance with application guidelines and
completeness.
7. In the event that
applications are received for overlapping areas, the area will be assigned to
the applicant with the highest priority based upon the qualifications
established in MS Code 49-15-27. In the event that the areas applied for are
the exact same area and the applicants are deemed to possess the exact same
experience and financial stability, the MDMR will award that particular lease
to the first applicant. The leases must be awarded to promote the maximum
cultivation and propagation of molluscan shellfish.
C. Lease Conditions
1. Each Proposed lease area must be located
in growing water classified as approved, conditionally approved, or
restricted.
2. Leases must be for a
term of fifteen (15) years, with the right of the lessee to renew the lease for
an additional fifteen (15) years and continue to renew at fifteen -year (15)
intervals, at the same ground rental rate so long as the lessee actively
cultivates and gathers shellfish, complies with all provisions, and has all
applicable permits and licenses.
3.
If the lessee is prevented from gathering shellfish from the leased area by a
storm, or other natural phenomenon, the lessee may renew the lease if the
bottoms are actively worked by the lessee during the remaining term or renewal
term of the lease.
4. All leases
issued must be prorated from the date of lease to the following expiration of
fifteen (15) years from the date of the lease.
5. All leases expire on December 31 of the
expiration year.
6. Each lessee has
the option to renew their lease provided they submit a written application with
payment of annual or prorated rental for the subsequent lease period within
thirty (30) days of the lease expiration date to the MDMR Business
Office.
7. Each application for an
on-bottom lease must be for a minimum of one (1) acre but must not exceed 2,500
acres.
8. The proposed lease area
must have a continuous border.
9.
No proposed lease areas will be approved that are within 50 yards of an
existing lease area or lease area that is pending final approval, unless the
same person holds both leases.
10.
No areas designated as state-owned reefs, as defined in this Part will be
leased for shellfish harvest by the MDMR.
11. Leases must be active and engaged in
ensuring maximum cultivation and propagation of oysters on their lease
throughout their term. The applicant must not begin any activities on the lease
until they have obtained all applicable permits, including MDMR wetlands
permits. Failure to obtain permits is evidence that the lease is not
active.
D. Cultivation
and Propagation Requirements
1. Lessee shall
propagate no less than 50% of the total bottom area leased within the first
five (5) years of the lease, with a minimum of 20% being propagated by Year two
(2) of the lease agreement. A minimum of 10% per year shall be propagated for
each year thereafter. This provision will not apply to Class III of the
On-Bottom Property Classifications.
2. The minimum planting density shall be no
less than 60 cubic yards of approved cultch per acre OR no less than 5 cubic
yards of approved cultch material with a minimum of 75,000 oyster spat per
cubic yard.
3. Must only culture
species native to the Gulf of Mexico. Polyploid native species are prohibited.
Imported shellfish seed to be used for grow-out in Mississippi waters must be
descendants of broodstock who originated in the Gulf of Mexico. The hatchery
where the aquaculture seed was produced must provide documentation of
broodstock origin.
4. In instances
of extreme environmental conditions designated by the Department that are not
conducive to oyster recruitment or survival (i.e. hurricanes, freshwater
intrusion, prolonged dissolved oxygen events, harmful algal blooms, federal
fisheries disaster declarations) the cultivation requirements may be waved
until favorable conditions resume.
5. MDMR staff will inspect cultch material
and volume prior to deployment to ensure conditions of USACE Permit are adhered
to.
E. Reporting
1. All on-bottom molluscan shellfish reef
lessees must submit a report outlining all shellfish related activity
pertaining to their lease to the MDMR Shellfish Bureau within thirty (30) days
of activity.
2. All on-bottom
molluscan shellfish reef lessees must submit an annual written summary with
supporting documentation of lease activity, to include planting, harvesting and
cultivation, to the MDMR Shellfish Bureau for the previous lease period no
later than December 31st of each year.
F. Termination and Waivers
1. The MDMR may conduct inspections, audits,
and investigations of lease holders' compliance with lease terms, laws, and
regulations.
2. Non-compliance with
lease terms, laws, and regulations after an opportunity to remedy the
non-compliance may result in termination of the lease and forfeits to the MDMR
all the works, improvements, betterments, and oysters on the leased water
bottom.
3. On the termination of
any lease, the lessee must remove any poles, stakes, buoys, or other structures
associated with the lease.
4. All
lease agreements must contain provisions requiring the lessee to waive any and
all claims for damages that may result from any freshwater diversion projects
authorized by the State of Mississippi.
G. Subleases and Transfers
1. Subleasing is prohibited.
2. Lease transfers must first obtain prior
written approval of the transfer by the MDMR Authority.
3. Transfers of portions of the lease are not
permitted.
4. To obtain a transfer,
the transferee must apply for the lease as if it were a new lease.
5. The lease transferee must be a resident of
the State of Mississippi, or if a firm or corporation, such firm or corporation
shall be organized under the laws of the State of Mississippi and owned by a
resident of the State of Mississippi.
6. The new lease combined with other leases
held by the lease transferee must not amount to more than 2,500
acres.
7. All terms and conditions,
including term limitations, from the lease transfer to the
transferee.
Notes
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