~ ~

LouisianaLouisiana Coastal Lau is an advisory service of the Louisiana SeaGrant Program National Oceanic and Atmospheric Administration,

U.S. Department of Commerce.! Materials may be reproduced if creditis given. Distributed free upon written request.

Editors: jim Wilkins and Lisa C. SchiavinatoLa! out: Amori Landr!

Sea Grant Legal Program �25 78-5931/FAX �25 78-5938227 Sea Grant Building, LSU E-Mail: sglegal@lsu.edu

Baton Rouge, LA 70803 WWW: http: //www.lsu.edu/sglegal

Froieciion of Shipwrecks in Louisiana and.Federal Waters

by Ryan M. Seidemann

Federal WatersIntroduction

Compared to the protectionafforded to ship~reeks and otherarchaeological resources located instate ~aters, the protection of suchresources found in federal ~atersis less clear. Nevertheless, severalpieces of legislation may help toprotect such sunken resources: theNational Historic Preservation Act NHPA!, the National MonumentsAct NMA!, the Marine SanctuariesAct MSA!, and the ArchaeologicalResources ProtectionAct ARPA!.

Under the NHPA, 16 U.S.C. 470et seq., if a ship~reck is a knownsite, it may be listed on the NationalRegister of Historic Places NationalRegister!. If listed on the NationalRegister, a salvor could assert no"finders-keepers" property interestin the ~reck. Under the NMA, 16U.S.C.433,any individual "~ho shallappropriate, excavate, injure, ordestroy a historic or prehistoricruin or monument, or object ofantiquity" located on land o~edor controlled by the United Statesgovernment without permission!shall face criminal charges. It isunclear, under the language of thisstatute, if federal ~ater bottoms areincluded in the term "land." It ispossible that this Iam may apply tosunken vessels, but due to theambiguity of the term "land," it isnot likely. Under the MSA, 16 U.S.C.1433 et sec/., if the area in questionis located in a marine sanctuary, the

Recently, the Louisiana Sea GrantLegal Program LSGLP! ~as pres-ented ~ith a question regarding therights of salvors to ship~reeks. Thisrequest for information, as ~ell as therecent interest of other Sea Grantprograms in ship~reeks' hasprompted LSGLP to examine federalIa~ regarding ship~reck protection.Additionally, because of the fact thatthe only known colonial periodship~reck in Louisiana ~aters ~asdiscovered by a fisherman,' aconsideration of Louisiana Ia~ on theprotection of ship~reeks seemsprudent.

State Waters

Ship~reeks located on thebottoms of state ~ater bodies aresubject to the control of the federalgovernment under the AbandonedShip~reeks Act of 1987 ASA!.'Briefly, the ASA vests all propertyinterests in abandoned ship~reekswithin state ~aters in the UnitedStates.4 Congress has transferredthose property rights to theindividual states.' Individuals thatlocate such resources in Louisiana areurged to contact the State HistoricPreservation Officer ~ith infor-mation.' The Louisiana legalscheme,' established pursuant to theauthority vested in the State underthe ASA, makes it unlawful for privateindividuals to disturb such resources.'

Louisiana Coastal Lau! � Number 81 � December 2002

Coastal LawLCL S1, December 2002

federal government holds title to allarchaeological remains on the oceanfloor. No "finders-keepers" propertyinterest could be asserted toarchaeological remains on the oceanfloor in these areas. Under ARPA, 16U.S.C. 470 et seq., archaeologicalresources located on land belongingto the United States government areprotected by criminal and civilpenalties. This Iam has been appliedto the protection of ship~reeks inthe case of Klein v. Unidentified,Wrecked and Abandoned SailingVessel.s However, if a wreck islocated on the Outer ContinentalShelf, ARPA does not apply �6 U.S.C.470bb!. Fines for violations of thisstatute may be as much as $10,000.Imprisonment for up to one year isalso a possibility for a violation ofARPA. Multiple or substantialviolations can result in fines of up to$100,000.

In addition to these legislativeprotections of ship~reeks, severalother protections have been createdjurisprudentially in recent years.These cases can be divided into tsvocategories: property assertions bysovereign nations and propertyassertions by insurance companies.In the recent case of Sea Hunt, Inc.v. The Unidentified ShipzvreckedVessel or Vessels," the Kingdom ofSpain filed a claim against a salvagecompany in Virginia, assertingownership over tsvo vessels, onewhich sank in 1750 and one in 1802.Although the court found that Spain

Conclusion

History of ihe Wax Lake Controversy

by M. Blake Kramer

Louisiana Coastal La~ � Number 81 � December 2002

had expressly abandoned the 1750~eck,the 1802 ~ck had not beenabandoned. This ruling gave title tothe 1802 ~reck to Spain, thuscosting Sea Hunt the fruits of theirsalvage operations and reducingtheir take to a salvage fee.

There are several examples ofcases involving insurance comp-anies with prior property interestsin sunken vessels. The basicscenario typically involves anineteenth or twentieth century~reck that had been insured. Whenthe ship went down, the insurancecompany paid on the policy held bythe then-owners of the ship. Bysubrogation, the insurance companythen becomes o~ner of the shipand/or its cargo. When the ship islater discovered by salvors, theinsurance company files anownership claim against the salvors.Such claims have been successful inthe recent past. In Columbus-America Discovery Group v.Atlantic /lf utual Insurance Co.,"the court held that the insurancecompanies involved had notabandoned their interests in thegold aboard the wrecked vessel~orth approximately one billiondollars. Although this case did notgo so far as to award the cargo tothe insurance companies, itrecognized their property interestin the cargo of a 135-year oldship~reck. The case was remandedfor ultimate decision as to thedisposition of the cargo. Similarcases have seen agreements reachedbetween the insurance companiesand the salvors, allotting salvagework to proceed." The only waythat an insurance company or asovereign nation can lose

ownership in a shipwrecked vesselis by express abandonment.'~

Louisiana Sea Grant LegalProgram is currently following adispute that has arisen betweenthe State of Louisiana and MiamiCorporation over the ownership of

Within Louisiana's state~aters, the protection of thehistoric integrity of ship~reeksfrom would-be salvors is absolute.All such work must be done withState approval and permits.However, the vague scope of theprotections for such resources infederal ~aters presents a situation~hereby archaeological resourcesmay not be afforded the protectionthey require. "The archaeologicalrecord, that is, in situ" arch-aeological materials and sites,archaeological collections, recordsand reports, is irreplaceable.""This irreplaceable resourceconstitutes a common link tohumanity's past and must becarefully protected for theknowledge and understanding offuture generations. Congressshould seriously consider prom-ulgating legislation that protectsarchaeological resources in federalwaters to the extent that the ASAprotects them in state ~aters.

' See e.g., Wisconsin 's Great LakesShiptvrecks, http: //seagrant.wise.edu/shipwrecks forinformation on the Wisconsin SeaGrant's recent support ofunderwater archaeology.' In 1979, a Texas shrimper,tra~ling off the coast of CameronParish, Louisiana, identified severalcopper ingots in his nets. This findled to the ultimate discovery andexcavation of the 1766 ~reck ofthe Spanish merchant vessel, ElNuevo Constante. Charles E.Pearson and Paul E. Hoffman, TheLast Voyage of El NuevoConstante: The Wreck andRecovery of and Eighteenth-Century Spanish Ship Off the

the bed of Wax Lake. In thecurrent controversy, MiamiCorporation claims Wax Lake asholder of a title deed, and theState of Louisiana claims Wax

Louisiana Coast xv LouisianaState University Press 1995!.' 43 U.S.C. 2101-2106. Othersubmerged archaeologicalresources on state ~ater bottomsare covered by La. R.S. 41:1604.This is important because, due tothe rising sea level along the Gulfof Mexico coast since the last IceAge, many Native Americanterrestrial sites are nowsubmerged.

43 U.S.C. 2105 a!.~ 43 U.S.C. 2105 c!.'Jason R. Harris, The Protectionof Sunken Warships as Gravesitesat Sea, 7 Ocean 8z Coastal L.J. 75�001!.~ La R.S. 41: 1604 9! and 1605.' La. R.S. 41:1605 B!. This alsoapplies to agencies and politicalsubdivisions of the State. Suchdisturbance can only occur whenpermitted by the Secretary of theDepartment of Culture, Rec-reation and Tourism.~ 568 F. Supp. 1562, aff'd. 758 F. 2d1511 �983!." 221 F. 3d 634 �000!.

974 F 2d 450 �992!" See e.g., Zych v. Unidentified,Wrecked and Abandoned Vessel,Believed to be the "Lady Elgin,"755 F. Supp. 213 �991!." Zych, 755 F. Supp. at 214.

Abandonment must be spe-cifically and expressly stated. SeaHunt, supra, n.9 at 644." In situ means in its originalposition. This typically refers tothe original location of an itemfound archaeologically in theground or on the sea bed.

Society for AmericanArchaeology, Principals ofArchaeological Ethics, PrincipleNo. I: Stetvardship. http: //www. saa.org/Aboutsaa/Ethics/prethic.html, accessed Oct. 25,

Lake under Constitutional andCivil Code authority.

Wax Lake was omitted fromthe first surveys by the U.S.Deputy Surveyor.' The surveys

were protracted over the Wax Lakearea with the entire region beingdesignated as nothing but seamarsh.' This omission led to theland encompassing Wax Lakebeing patented out by the State in1901 with no mention of anynavigable water bodies. The landwas and later sold to the MiamiCorporation.

Over the years, Wax Lake hasundergone major physical chan-ges, mostly due to accretions thathave built up in several locationsalong the lake. These accretions arelargely the result of the dredgingof the Wax Lake Outlet Channelthrough the middle of the lakeitself.' These accretions, nowclaimed by Miami Corporation,have become prime spots forhunting and fishing, and severalcamps have been constructed onthem.4 These accretions are amajor source of the currentcontroversy. The State holds theposition that landowners, such asMiami Corporation in thissituation, have no alluvial rights,so the accretions in question do notbecome the property of theadjacent riparian landowner.'

It is a widely accepted rule inLouisiana that the state holdsownership of the bottoms of allnavigable water bodies, including6lakes. The ownership of theselake bottoms up to the mean high-water mark was acquired by theState of Louisiana by way of itsinherent sovereignty when it wasadmitted into the Union by theCongressional Act of 1812.' Stateownership of the beds of navigablelakes has been affirmed byLouisiana jurisprudence andcodified in Article IX, SectionThree of the Lousiana Con-stitution, Article 450 of the CivilCode, and Revised Statutes 9:1101,9:1107-1109, and 41:1702.'

For this ownership to be lostto private parties, specific eventsmust occur, especially in caseswhere the State might seek to sellor otherwise alienate navigablewater bottoms to another party.Paragraph Three of Article IX ofthe Louisiana Constitutionadopted in 1921 states, "[t]helegislature shall neither alienate

nor authorize the alienation of thebed of a navigable water body,except for the purposes ofreclamation by the riparianowner to recover land lostthrough erosion."' Theconstitutional prohibition streng-thened existing Louisiana policyembodied in the Civil Code,Revised Statutes, and judicialdecisions. Any attempted alien-ations of public property before1921 would have had to expresslyoverrule existing law or beotherwise exempt from it. TheConstitutional provisions of 1921absolutely prohibits the leg-islature and its agents fromalienating navigable waterbottoms except in limitedinstances.

Thus under the current law,any attempted alienation of a

navigable lake bottom must bedone with the underlyingpurpose of allowing a riparianowner to reclaim eroded lands.Any time the State alienates apiece of land, navigable waterbottoms that happen to lie onland included in the transactionmust be excluded from thetransfer unless the legislaturewas specifically aware of itsexistence and meant to alienateit for the reclamation purposes ofArticle IX of the LouisianaConstitution. The legislativeintent required by the LouisianaConstitution makes it impossiblefor the legislature to accidentallyalienate a navigable waterbottom. Before the prohibitionsof Article IX of the 1921Constitution, the Public TrustDoctrine embodied in the CivilCode, Revised Statutes, and courtdecisions would seem to have

required the express intent tooverride the statutory pro-hibitions protecting public trustproperty. Such express intent islacking in the transfer of theland encompassing Wax Lake.

The policy reasons forholding this view become evenmore obvious when examinedin light of the Public TrustDoctrine. Generally presented,the doctrine states that naturalresources are to be consideredas held in trust for the people ofthe state so that they may useand enjoy them free fromobstruction or interference."This includes the right of thepublic to enjoy each of thesepublic trust resources for publicpurposes. Navigable waterbottoms are included amongpublic trust lands."

To concede Miami Corp-oration ownership of the WaxLake bed will be interpreted bymany as an alienation of publictrust lands without legislativeauthorization and without thespecific purpose required by thelegislature in violation of theLouisiana Constitution." Theresolution of this issue hasserious implications for theState's management of publictrust land, for the public's rightof access to public trust land,and for the effect of theConstitutional provisions des-igned to protect the public'sinterest in Louisiana's naturalresources.

' Charles St. Romain, Chief ofTitles and Surveys, personalcommunication. July 25, 2002.' Ia'.

' Letter from Bobby M. Freyou,Chief of Titles and RecordsSection, to Oray Savior.November 3, 1982.4 Letter from Roger G. Vincent,Jr., Miami Corporation, to L.J.Louviere. September 22, 1994.' Essa Standard Oil Company v.Jones, 233 La. 915 �957!;Amerada Petroleum Corp. v. Case,210 La. 630 �946!.' E.g., La. Civil Code Art. 450, f[2.' The Act states, "... the river

Louisiana Coastal La~ � Number 81 � December 2002

Mississippi and the navigable...waters leading into the same, andinto the Gulf of Mexico, shall becommon highways, and for everfree..."'E.g., State v. Bozeman, 156 La. 635�924!.' La.Const. Art. IX, f[ 3.

" Save Ourselves, Inc. v. La.Environmental Control Com-mission, 452 So.2d 1152 La. 1984!.See also James G. Wilkins &Michael Wascom, The Public TrustDoctrine in Louisiana, 52 La. L.Rev. 861, 862 �992!." Civil Code Article 450 clearly

lists navigable water bottomsamong those resources to beheld in the public trust." This is the "reclamation"referred to in La. Const. Art. IX,

Draft Code of Conduct for Responsible Aquacultureby Marcelle C. Shreve

The entire text of the Draft Code

can be found online at:

Louisiana Coastal La~ � Number 81 � December 2002

"Aquaculture is the cultivationof aquatic animals and plants incontrolled or selected environmentsfor commercial, recreational, orpublic purposes." ' According to theNational Aquaculture Act of 1980 NAA!,"it is in the national interest,and it is the national policy, toencourage the development ofaquaculture in the U.S."' While theDepartment of Agriculture is thelead agency, the Act also charges theDepartments of the Interior andCommerce with implementing theNationalAquaculture DevelopmentPlan.' With this congressionalmandate, the Department ofCommerce DOC! has created avision and mission for U.S.aquaculture which entails assisting"in the development of a highlycompetitive, sustainable aqua-culture industry in the U.S. that willmeet gro~ing consumer demandfor aquatic foods and products thatare of high quality, safe, comp-etitively priced and are produced inan environmentally responsiblemanner with maximum oppor-tunity for profitability in all sectorsof the industry."4 One of theobjectives of this mission is to createa Code of Conduct hereinafterCode! for responsible aquaculturein the U.S. Exclusive Economic Zoneby 2002.~

On August 23, 2002, theNational Oceanic and AtmosphericAdministration NOAA! and theNational Marine Fisheries Service NMFS! under the DOC, released theDraft Code of Conduct hereinafterthe Draft Code! and made itavailable on the NMFS web site witha request for public comments.'While creating the draft, NMFS

petitioned for assistance thevarious Sea Grant collegeprograms; federal and stateagencies; nongovern-mentalorganizations; and other partners.Also, six regional workshops wereheld in 2000 ~here stakeholdersprovided their input. The DraftCode was also influenced by theCode of Conduct for ResponsibleFisheries of the United NationsFood andAgriculture Organizationin 1995, and the HolmenkollenGuidelines for Sustainable Aqua-culture from the Second Inter-national Symposium on Sustain-able Aquaculture in 1997.'Publication of the final Code is duein December 2002.'

The nature of the Draft Codeis broad, providing generalguidelines that allo~ for a balancebetween conservation and econ-omic growth.' It is directedtowards anyone who is engaged inaquaculture and awhile the Code isnot law, compliance is encour-aged." The purpose of thisvoluntary Code is to "temperprogress with responsibility andencourage good stewardship of allliving and non-living marineresources found offshore" awhilesupporting aggressive develop-ment of aquaculture." The DraftCode has seven objectives:promote the contribution ofaquaculture to seafood supplies;promote marine stewardship;establish principles for offshoreaquaculture; provide standards ofconduct for the sector; provideguidance; serve as an instrumentof reference; and facilitatecooperation."

The Draft Code begins with

the legal and administrativeframeworks in which aquaculturedevelopment should be regulatedand urges cooperation betweenagencies and coastal states.'~ Itdescribes efficient permitting andzoning and minimizing adverseimpacts when siting locations.'The document also describes thefiscal environment proclaimingaquaculture development as theresponsibility of the privatesector, assisted by federal policy. '~The Draft Code adopts "theguiding principle of a pre-cautionary approach combinedwith adaptive management toachieve sustainable developmentin offshore ~aters."" Accordingto the Draft Code, stakeholdersshould conserve biodiversity andcarefully regulate non-indigenousand genetically altered species.'Also, a system of monitoringshould be enforced, not only byfederal and state authorities, butalso voluntarily through self-reg-ulation. "

The Draft Code includesguidelines for responsible aqua-culture at the production level,"to minimize potential harm tothe environment and to ensure itssustainability." ' Voluntary bestmanagement practices; recordkeeping; prevention of escapesand endangerment to otherspecies; product quality andsafety; management of aquatichealth; research and develop-ment; and public education andoutreach are outlined to concludethe Draft Code."

htt: www.nmfs.noaa. ov trade ' Id.6 67 C.F.R. 54644-5~ Draft 2. See also hattwww fao.or FOCUS fisheries

"Draft 2." Draft 4." Draft 6. 1; 6.2.t4 Draft 6.3.2; 6.3.4; 6.3.3." Draft 6.4." Draft 6.5." Draft 6.5.2; 6.5.3." Draft 6.5.6." Draft 6.6."Dr fr 6.6.

' Draft Code of Conduct 1.' PL 96-362, 16 U.S.C.2801, et seq.' Id.4 htt: www.nmfs.noaa. ov

,ssst t.btm, ss d No mb r12, 2002.' 67 C.F.R. 62019-01' Draft 3.to Id

trade DOCA olic .htm, accessedAugust 29, 2002.

Update on SWANCC e. United States Army Corps of Engfneetsby Carolyn Dupuy

' 121 S.Ct.675, 531 U.S. 159,148 L.Ed.2d 576 �001!.' 33 U.S.C. 1362�!.d H.R. 5194, $4.

Louisiana Nonindigenous Aquatic Species Advisory Task Force

The most recent LouisianaCoastal Netvsletter' featured anarticle that discussed the potentialimpact of non-indigenous specieson the Louisiana environment. Thisarticle highlighted efforts by theLouisiana Sea Grant Program andthe Louisiana Department ofWildlife and Fisheries to coordinatea centralized response mechanismto these outside threats. In response

to the efforts of these agencies,Governor Foster issued anExecutive Order Executive OrderMJF 02-11! on June 4,2002,whichformed the Louisiana Non-Indigenous Aquatic SpeciesAdvisory Task Force. The twenty-nine person Task Force, rep-resented by state officials, researchscientists, and affected members ofthe public has been charged with,

among other things, the duty ofcompiling information to be usedin the "prevention, containment,control, and/or eradication of non-indigenous aquatic species in amanner that protects, preservesand/or restores native eco-systems." Additionally, the TaskForce is to identify a means ofcoordinating the efforts of thenumerous agencies across the

Louisiana Coastal La~ � Number 81 � December 2002

In SWANCC v. United StatesArmy Corps of Engineers' theSeventh Circuit Court of Appealsrequired SWANCC to obtain apermit under the CleanWaterAct CWA! to fill in a man-madewetland area designated as amigratory bird habitat. TheSupreme Court reversed thedecision leaving open a criticalissue � what is the extent of thefederal government's jurisdictionover isolated wetlands? Someanalysts have suggested that thedecision could mean that the CWAcan no longer serve as a basis forfederal regulation of isolatedwetlands. On the other hand, thedecision may stand for the rulethat the federal government'sjurisdiction over intermittent andephemeral streams and watersthat pass through man-madeconveyances and wetlands ad-jacent to these waters may bereduced or eliminated. Legislationis currently under consideration,which would clarify the meaning

of the decision and federaljurisdiction over isolated waters.Under the Clean Water AuthorityRestorationAct of 2002 S. 2780;H.R. 5194!, the Federal WaterPollution ControlAct �3 U.S.C.1362! would be amended toredefine which bodies of waterthe federal government controls.The term "waters of the UnitedStates" would replace "navigablewaters." Currently, "navigablewaters" is only defined as "watersof the United States and territorialseas."' No further definition of"waters of the United States" isgiven. The new term "waters ofthe United States" would include:"all waters subject to the ebb andflow of the tide, the territorialseas, and all interstate andintrastate waters and theirtributaries, including lakes, rivers,streams including intermittentstreams!, mudflats, sandflats,wetlands, sloughs, prairiepotholes, wet meadows, playalakes, natural ponds, and all

impoundments of the foregoing,to the fullest extent that thesewaters, or activities affectingthese waters, are subject to thelegislative power of Congressunder the Constitution."' Thereplacement of "navigablewaters" with "waters of theUnited States" would clarify theproblem of interpretation.Under this new legislation, allwaters are under federaljurisdiction to the fullest extentof Congress's legislative powerunder the Constitution. TheSenate bill S. 2780! is currentlyunder review by the Committeeon Environment and PublicWorks and the House bill H.R.5194! is under review by theSubcommittee on Water Re-sources and Environment.

draft of the management plan isdue in the summer of 2003, andafter a public comment periodand revision process, the TaskForce hopes to have themanagement plan available in2004. For more information,please visit hattanstaskforce. ov and hattwww.cbr.tulane.edu is .

LCLVol 80,p.5.' Guidance for State and InterstateAquatic Nuisance ManagementPlans, htt: anstaskforce. ov accessed December 19, 2002!.

Governor's Advisory Commission on Coastal Restoration andConservation Created During ihe First Extraordinary Legislative

Session

'Act No. 114, $214.13�!,available online at hattwwwle is. state.la.us le docs

~0000 16.PD6

Status of ihe Oceans: Two Reports Portray a Grim Picture of iheFuture

Commission on Ocean Policy in aletter to the President inSeptember 2002. The U.S.Commission on Ocean Policy wasformed pursuant to the OceansActof 2000' and is charged with

reviewing federal ocean-relatedlaws and programs and makingrecommendations to thePresident and Congress for "acoordinated and comprehensivenational ocean policy."' The

"The oceans are in trouble. Ourcoasts are in trouble. Our marineresources are in trouble...all,perhaps, in serious trouble." ' Suchis the status of the oceans accordingto the Chairman of the U.S.

Louisiana Coastal La~ � Number 81 � December 2002

state that deal with non-indigenousspecies. The Task Force is expectedto submit a preliminary report oftheir findings by the end of the year,folio~ed by a final report on July 1,2003.

One of Governor Foster'sdirectives to the Task Force that willfacilitate communication andcoordination among State agenciesis to draft a Non-Indigenous AquaticSpecies Man-agement Plan. Theplan will cover many species andpathways and will have a multi-goal,multi-phase approach tomanagement. The plan will outline

Act Number 114 was enactedduring the 2002 First ExtraordinarySession within the Office of theGovernor. The legislature, rec-ognizing the overwhelming impor-tance of a stable coastline, createdthe Commission on Coastal Res-toration and Conservation theCommission! to receive informationfrom the various people and organ-izations whose feedback is a crucialpart in the fight to restore Lou-isiana's quickly deteriorating coast.

The Commission is composedof thirty-one members, twenty-twofrom each o f the following:academic community, business andindustrial community, nonprofitcorporation community, conser-vation community, agriculturalcommunity, governing bodies ofpolitical subdivisions of the state,energy production and distributioncommunity, and fishing community

a response process and encouragethe use of the best availabletechnology or control method. Themanagement plan will use as ablueprint the Guidelines for Stateand Interstate Aquatic NuisanceManagement Plans and will suggeststrategies not only to prevent theintro-duction and spread of non-indigenous aquatic species, butalso to control efforts to reducetheir impact.' The Louisiana SeaGrant Legal Program is activelyinvolved in this endeavor and isassisting the Task Force in draftingthe management plan. The first

one commercial, one rec-reational!. The Governor alsoappointed one member from theoyster industry, two members torepresent ports and relatedindustries, and si~ membersappointed at large. The remainingmembership shall be composed ofthe President of the Senate or hisdesignee!, Speaker of the House ofRepresentatives or his designee!,and the chairmen of the House andSenate Committees of NaturalResources. In addition to the abovemembers, the Governor or theCommission may ask thatemployees of federal agencies thatwork with coastal restoration toparticipate with the Commissionbut will have no voting po~er.

Duties of the Commissioninclude advising the Governor onthe "status and direction" of thestate's coastal restoration plan,

encouraging cooperation amongthe different levels of governmentconcerning coastal restoration,identifying and helping resolveconflicts regarding coastalrestoration, locating funds forrestoration programs, and re-viewing various programs andmaking recommendations onhow to improve them. TheCommission must report byMarch 1 of each year to thelegislature and the Governor onthe "progress, challenges, andrecommendations concerningpolicy and possible legislation forthe coastal restoration andconservation plan." '

Commission recently submitted areport to the President and leadingmembers of Congress4 detailing theresults of nationwide hearings onproblems affecting the oceans andmeans by which these problems canbe addressed. Generally, testimonybefore the Commission at publichearings over the past year hasrevealed several substantial issuesaffecting the oceans. Much of thetestimony suggests that theprovisions of the Coastal ZoneManagement Act are no longeradequate to manage the impacts ofincreased coastal populations andpollution. Other testimony insiststhat scientific information re-garding problems caused byoverfishing have been and continueto be ignored, casting doubt on thesustainability of our fishingindustries. Yet, further informationsho~s that nonpoint sourcepollution has become the majorcause of ocean pollution. Testimonyalso cited over-regulation, coupledwith a lack of comprehensivemanagement of ocean-relatedregulations as a significant problemin effectively balancing theprotection of marine resources withthe responsible use of theseresources. Methods suggested, bythe public testimony, to overhaul theUnited States' approach to oceanpolicy include creating a "newocean governance regime"';increase funding and support forthe education of the Nation's youthon the importance of oceanconservation; and creating aninternational data-sharing networkon ocean related issues, modeled onmeteorological networks currentlyin operation. These issues, amongothers detailed in the report, will beconsidered in the Commission'sdevelopment of an ocean policyover the next few months forpresentation to the Nation'sla~makers. In addition topresenting this report, theCommission has already madeseveral recom-mendations tola~makers regarding pressingocean issues. Perhaps the mostimportant of these is the Com-

mission's resolution "that theUnited States of Americaimmediately accede to the UnitedNations Law of the SeaConvention."' The Convention,created by the United Nations in1982, represents a unifiedinternational voice on ocean policywith a set of minimum protectionstandards for ocean resources forsignatory nations, acceptance ofwhich the Commission holds asessential "to maintain [the UnitedStates'] leadership role in oceanand coastal activities."~

The Pew Oceans Commissionalso recently released a report thatdetails the results of a scientificexamination of the effects offishing on marine ecosystems inthe United States. Although theresults of this study are notsurprising, they are important and~arrant a brief revie~. The PewCommission report found thatnearly one-third of the fisheriesstocks in the United States areoverfished or are experiencingoverfishing. This is causing de-clining reproduction rates amongnumerous species. The long-termimpacts of this activity threatensthe extinction or near extinctionof valuable food sources. Theauthors of this report insist that thescientific community needs to stopquibbling over difficult issues suchas whether climate or anth-ropogenic changes are adverselyaffecting marine ecosystems,instead, focus more on means ofcutting do~ kno~ impacts suchas overfishing. "While it isacademically interesting, thecontinued debate over which ismore important only delaysimplementation of precautionarypolicy that acknowledges theinherent variation and unpre-dictability in marine ecosystems."'

One interesting area of thePew Commission report discussesthe impacts of bycatch on theoverall marine ecosystem. Theauthors state that the effect ofbycatch "on ecological com-munities is proving more sub-stantial" than was once thought.'

Interestingly, one of the moresubstantial bycatch problemscomes in the form of gear lost atsea that continues to collectmarine life long after it has beenabandoned. The authors pointout that the United States has ahistory of inadequate regulationin the area of bycatch and call fora revamping of the relevantlegislation.

Although the Commission onOcean Policy report and the PewCommission report both portraya bleak picture of the currentstatus and future of the oceansand marine life, the reports alsosuggest substantial policy andpractical standards that should beseriously considered in order tosave these invaluable resources.

' U.S. Commission on OceanPolicy U.S.C.O.P!, Developing aNational Ocean Policy 1, U.S.C.O. P 2002!, available in PDFformat online at ~httwww.oceancommission. ovdocuments midterm re ortRe ortCovREV10 01 02. df.

P. L. 106-256, ~ht twww.oceancommission. ovdocuments oceanact. df.' www.oceancommission. ov.revised October 10, 2002.4The report was submitted to theDennis Hastert, Tom Daschle,Richard Gephardt, andTrent Lott.' U.S.C.O.P., supra,n.1 at 12.' U.S.C.O.P.,supra,n.l at 15. TheUnited Nations Convention onthe Law of the Sea can be foundonline at htt: www.un.orD e t s I o sconvention a reements te~ts

f.' U.S.C.O.P., supra,n.1 at 15.' Paul K. Dayton, Simon Thrush,and Felicia C. Coleman, EcologicalEffects of Fishing in MarineEcosystems of the United States7 Pew Oceans Commission2002!, available online at ~htt

ewoceans.or re ortsPOC EcoEffcts Re 2. df.' Dayton et al., supra, n.8 at 16.

LOuiSiana COaStal Lamell � Number 81 � DeCember 2002

2002-2005 First Extraordinary Session2002-2005 Regular Legislative Session

of the Louisiana Legislatureby Cassie Hebert

This annual Legislative issue of Louisiana Coastal Law is devoted to summarizing acts and resolutions enacted during theRegular and Extraordinary Sessions of the Louisiana Legislature. Legislation having a general impact on Louisiana coastalresources and environment is covered. Further information about these laws or resolutions can be obtained by contactingthe Sea Grant Legal Program.

HRNo. 9DownerSince the Louisiana alligatorindustry plays an important role inLouisiana's economy, bringing infifty-four million dollars annually,the Louisiana Department ofWildlife and Fisheries hasdeveloped an alligatorconservation program. Thisprogram educates the public and

HCR No. 25FaucheuxSince the creation of the MaurepasWMA, the commission and thedepartment maintain a longstandingpolicy of refusing private leaseswithin these management areas.They are requiring camp owners to

Louisiana Coastal La~ � Number 81 � December 2002

HCRNo. 19FaucheuxDue to its lack of state park facilitiesand recreational opportunities,Louisiana ranks last in the demandand need of such when comparedto other southern states. Therefore,the legislature requests that theOffice of State Parks of the LouisianaDepartment of Culture, Recreation,and Tourism, and the LouisianaDepartment ofWildlife and Fisheriesdevelop a plan for successfullyestablishing state parks with rentalcabins in a significant number of thestate's wildlife management areas.

HCR No. 24FaucheuxAfter the donation of a tract ofacreage by the Mellon Foundationto the Louisiana Department ofWildlife and Fisheries, creation ofthe Maurepas wildlife managementareabegan. Sincethen,thisareahasbeen known to be a successfulhunting ground. In accordance withthe WMA, deer hunting with dogshas long been a pastime for thisstate. Therefore, the legislatureurges and requests that the Wildlifeand Fisheries Commission adoptrules and regulations allotting deerhunting using dogs in the MaurepasWildlife Management Area.

remove their camps by July 1,2002or face demolition. Due to thegreat amount of time the privateindividuals have invested to thearea, the legislature requests thatthe Wildlife and FisheriesCommission and the Departmentof Wildlife and Fisheries allo~these individuals to continue touse their existing camps on theReserve Relief Canal andMississippi Bayou in the~ untilJuly 2002.

HCR No. 44FaucheuxOne of the biggest touristattractions in south Louisiana is thebeauty of its waterways andwetlands. Many view it by way ofthe area containing the tributariesand canals leading to the BlindRiver. Tourists utilize airboat toursto observe the beauty of such anarea. Ho~ever, current regulationsof the Department of Wildlife andFisheries prohibit air boat tours ofthe Maurepas WMA including thecanals leading to the Blind River.Therefore, the legislature urgesand requests the Wildlife andFisheries Commission and theDepartment of Wildlife andFisheries to study the possibility ofallotting the use of air boats in the

staffs adequate personnel. TheLouisiana Legislature establisheda four dollar tag fee and label feefor each raw alligator skin to beshipped in order to fund theprogram. The revenue collectedfrom the fees is placed in theLouisianaAlligator Resource Fund.The Louisiana Legislature thencreated the Fur and AlligatorAdvisory Council to beresponsible for reviewing andapproving programs funded bythe Louisiana Alligator ResourceFund. The Council has completeauthority Therefore, the House ofRepresentatives of LouisianaLegislature requests that theWildlife and FisheriesCommission not reduce any feesthat fund the Louisiana AlligatorResource Fund without approvalof the Louisiana Fur and AlligatorAdvisory Council.

HRNo. 18Faucheux Duplicate of SR No. 30!Since the donation of theproperty, now known as theMaurepas WMA, to the LouisianaDepartment of Wildlife andFisheries, private leases within theWMA have been forbidden.Ho~ever, the camp owners haverecently donated their interest inthese camps to St.John the BaptistParish, and the parish council hasaccepted the donation with theintent to lease the camps.Therefore, the House ofRepresentatives of the legislatureof Louisiana urges the Wildlife andFisheries Commission andDepartment of Wildlife andFisheries to allo~ St. John theBaptist Parish to lease existingcamps in the MaurepasWMA.

HRNo. 26

Faucheux Duplicate of SR No. 28!The newest Wildlife ManagementArea is the Maurepas WMA. Itsprimary natural geological feature isthe bald cypress-tupelo gimi ~amp,but it also manifests t~o majorLouisiana highways: Interstate 10and Airline High~ay. Recently, stateand local governments have beenconsidering construction of a ne~route for truck traffic through thearea extending from the interstateto the industrial operations alongthe river. Ho~ever, a major concernof the health of the wetlands is thatof natural flo~ of ~ater. Theconstruction of such a ne~ routecould disrupt such a flom Thus, theHouse of Representatives of theLouisiana Legislature urges andrequests the Department ofWildlifeand Fisheries not to oppose theconstruction of a ne~ route withinthe Maurepas WMA, but to ensurethat natural drainage through the~ is sustained.

HRNo. 31Flavin Duplicate of SR No. 35!Due to excessive rain over the pastfe~ months, oystermen in Cameronand Calcasieu parishes have not hadtime for their usual tongingactivities. This has caused a greatdeal of financial difficulty for theoystermen of this area. Therefore,the House of Representatives of theLouisiana Legislature urges andrequests that the Louisiana Wildlifeand Fisheries Commission extendthe oyster season in Calcasieu andCameron parishes for two additionalmeeks, until May 15, 2002.

SCR No. 30Carter, Cazayoux, Riddle, and Sen.Hines and MarionneauxAct 920 of the 1999 Regular Sessionof the Legislature authorizes thestate master plan for the AtchafalayaBasin that includes a multi-disciplined approach to preserveand enhance the Atchafalaya Basin.Act 920 also allo~s inclusion ofadditional proposals to the plan,provided that the total expenditureof state funds over a fifteen-year

period does not exceed eighty-fivemillion dollars. Ho~ever, aproposal must be studied for oneyear and must meet theappropriate justifications of theplan for that proposal to beincluded. Thus, the parishes ofAvoyelles and Pointe Coupeesubmitted proposals for inclusionin the plan hoping that it ~ouldbe studied for one year. Thelegislature then resolved theproposals to be studied for the one-year period, provided that theproposals ~ould not cause thetotal expenditure of funds toe~ceed the maximum amount.

SR No. 22BeardAt a recent meeting of the LAWildlife and Fisheries Commission,it proposed deer hunting dates thatdo not correspond to years past.In fact, it is a dramatic shift andresulted in a great deal ofconfusion amongst hunters. Onedramatic shift is that of archeryseason in Area 6.Whereas it onceopened on October 1 and closedat the end of January, it is no~proposed to open on November1st and close on February 2nd.Area6 hunters are not happy ~ith theproposed 2002 deer season. Thus,the Senate of the Legislature ofLouisiana urges and requests thatthe LouisianaWildlife and FisheriesCommission void the proposeddeer season inArea 6 and maintainit as has been in the past years.

Act No. 12SB No. 7; Baldone and Sen. DupreAuthorizes the Terrebonne ParishSchool Board, by execution of thepresiding officer, to lease certainproperty in Terrebonne Parish tothe Department of Wildlife andFisheries.

Act No. 32SB No. 42; Wright and Sen.McPherson and EllingtonDirects and authorizes the officeof state lands, on behalf of the stateof Louisiana, to transfer certainproperty in Catahoula Parish to theDepartment of Wildlife andFisheries. These lands ~ill then beconsidered an inclusion of the

Dewey W. Wills WildlifeManagement Area.

Act No. 55HB No. 12 Duplicate of SB No. 102!;Montgomery and Sen. Malone Enacts R.S. 38:2607!Instills authority in the Wildlifeand Fisheries Cimmission toprohibit the recreational andcommercial use of nets and trapsfor fishing purposes in CypressBayou Reservoir and Black BayouReservoir. Also, the board ofcommissioners of both theCypress-Black Bayou Recreationand Water Conservation Districtmust maintain public access.

Act No. 66HB No. 39; Gary Smith and Daniel Enacts R.S. 56:1855 L!!Authorizes the Department ofWildlife and Fisheries to allo~certain activities, such aschannelization, clearing andsnagging, and channelrealignment, on Bayou Trepagnierin St. Charles Parish that are inaccordance ~ith the state andfederal remediation andrestoration plan developed for thebayou.

Act No. 77HB No. 50; Baldone, et al. Amends and reenacts R.S. 56:643 B!!Permits nonresident militarypersonnel on active duty inLouisiana to purchase arecreational hunting and fishinglicense at an equal fee charged toLouisiana residents but only uponproof of a valid military id fromthe U.S. armed forces. TheLouisiana resident ~ho is issueda military id card representing hisactive duty, however, shall receivehunting and fishing licenses at acharge of five dollars.

Act No. 112HB No. 169; Reps. LeBlanc andFaucheux Reenacts and amends R.S.25:1223.1 A! and 1224 A!�0!;enacts R. S. 25: 1222 C!,1223 A!�!, and 1224 A!�4!;creates Part II, Chapter 26,Title 25!

Louisiana Coastal Law � Number 81 � December 2002

Abolishes the Atchafalaya Traceadvisory board; provides for theduties and authorization of theAtchafalaya Trace Commission;creates the Atchafalaya TraceHeritage Area Development Zone.The Commission is intended toassist the development of"heritage-based cottage in-dustries,"which aresmall businesses harnessing theAtchafalaya Trace's cultural ornatural resources. This assistancemay be in the form of org-anizationalassistance or ta~ credits.

Act No. 114HB No. 174; De~itt, et. al. and Sen.Chaisson, Dupre, Gautreau~, andMcPherson Enacts R.S. 36:4 Y! and Subpart B-1 of Part II of Chapter 2 of Title 49of the LA R.S. of 1950! to becomprised of R.S. 49:214.11through 214. 15!Creates the Governor's AdvisoryCommission on Coastal Restorationand Conservation and provides theduties, powers, and functions ofsuch. It also states the terms inwhich the elected commission ~illremain in office.

Act No. 134HB No. 97; Rep. Damico Reenacts and amends R.S.30:2011 D!�2! c!, 2014 D!,2195 B!, and 2289. 1 D!!Authorizes an increase of fees paidto the EnvironmentalTrust Fund forvarious accreditations and licenses.

Act No. 143HB No. 164; Reps. Daniel and De~itt Enacts R.S. 31:149.3!Provides that mineral rights ~ill notprescribe on land condemned orexpropriated by the government ora nongovern-mental entity as longas the title remains ~ith that entity.

Act No. 163HB No. 156; Hill and Thompson andSen. Hines Enacts R.S. 36:509 R! and Part XXVof Chapter 13 of the LA R.S. of 1950!Comprised in an area ofAllen Parish,a site for alake mill be selected. Thearea mill thereby be created as arecreation and ~ater conservationand reservoir district known as the"Allen Parish Reservoir District."

SCRNo. 13Gautreaux et al.Recently, testing forchloramphenicol by the LouisianaDepartment of Agriculture andForestry on era~fish and shrimpfor Louisiana and China has beenconducted. Traces ofchloramphenicol have beendetected in the era~fish andshrimp of Chinese origin.Chloramphenicol is an antibioticthat has been banned in the U.S.for use on animals raised forhuman consumption because itcan cause fatal aplastic anemia.For the ~ell-being of the citizenof this state, the legislature urgesthe commission of agriculture torequire that all shrimp andera~fish meet standards relatingto chloramphenicol prior to salein Louisiana which are consistent~ith those standardspromulgated by the U.S. Food andDrug Administration.

SCRNo. 14Murray and Sens. Gautreau~ andLambertOn February 14, 2002, PresidentGeorge W. Bush introduced hisplan to respond to the challengesarising from global changes in theclimate. Since then, many statesare taking significant actionstoward climate changes inconjunction ~ith the President'sClimate Change Policy Initiatives.Pursuant to the President'smandate, this resolution creates astudy commission to develop astrategy for the timelyimplementation of the President'sGlobal Climate Change PolicyInitiatives in Louisiana. It alsogives the authority to certainmembers and lists their duties.

SCRNo. 17 Duplicate of SR No. 36!DupreDue to the shrimping industrybeing one of the mainstay's ofcoastal Louisiana's economicprogress, the legislature createsthe South Central LouisianaShrimp Fisherman's LegislativeAdvisory Committee to study and

monitor the shrimp industry andto make recommendations to theLegislature of Louisiana and to theWildlife and Fisheries Com-mission on matters pertaining tothe management and dev-elopment of the shrimp industryin Louisiana.

SCRNo. 31 Duplicate of HCR No. 42!McPherson et al.Until the fall of 2000, theDepartment of Wildlife andFisheries contained within it ahunter education and certi-fication program. It ~as ad-ministered by the informationand education section. In the fallof 2000, the information andeducation section ~as dis-mantled, and hunter educationand certification ~as placedunder the administration of theenforcement division. It ~ouldseem more logical to have theoffice of wildlife to administer theeducation program. Therefore,the legislature directs the sec-retary of the Department ofWildlife and Fisheries to place theadministration and coordinationof the hunter certification andeducation program under theoffice of wildlife.

SCRNo. 39Pierre and Sen. Romero and UlloLouisiana Ia~ in R.S. 49:213.1provides for the creation, duties,and responsibilities of theWetlands Conservation andRestoration Authority. Under theprovisions of R.S. 49:213.6, theplan is to serve as the state ofoverall strategy for conservingand restoring coastal wetlandsthrough the construction andmanagement of coastal wetlandsenhancement projects. Thus, thelegislature approves the CoastalWetlands Conservation andRestoration Plan for Fiscal Year2002-2003, as adopted by theWetlands Conservation and

Restoration Authority.

SCRNo. 56Dartez and Smith and Sen.Gautreaiu~Act No. 920 of the 1999 RegularSession provides for the devel-opment and implementation of a

Louisiana Coastal La~ � Number 81 � December 2002

state master plan to preserve andprotect the Atch-afalaya Basin. Asenacted by Act 920, R. S.30:2000.9 C! provides that anyproposal to include a project notalready in the state master plan befirst reviewed, studied, and analyzeddue to a request provided in aconcurrent resolution of thelegislature. Pursuant to thisparticular statute, citizens of St. MaryParish are in ~ant of considerationfor in-elusion. Therefore, thelegislature authorizes the Atcha-falaya Basin Research and Pro-motion Board, other state entities,to conduct a one-year revie~, study,and analysis of certain projectssubmitted by St. Mary Parish forinclusion in the state master plan.

SCR No. 62RomeroThe Legislature of Louisiana urgesand requests that both the executiveassistant of Coastal and MarineActivities, office of the governor, andthe director of the Atchafalaya BasinProgram conduct an evaluation,~ith the assistance of appropriatefederal and local partners includingrepresentatives of governmentaland non-governmental entities, ofproposed projects and plannedactions within the basin for thepurpose of improving ~ater qualityin the Atchafalaya Basin.

HCRNo. 8Baudoin and Sen. UlloIn relation to Senate ConcurrentResolution No. 13, the Legislature ofLouisiana memorializes the U.S.Congress to assist the FederalTradeCommission, the Food and DrugAdministration, and the U.S.Department of Agriculture inprotecting our unsuspectingcitizens from buying and in-advertently consuming shrimp,prawns, or era~fish containingchloramphenicol residue. Thelegislature does this because of suchpanic that it may cause if a citizen~ere to digest such an antibiotic.Because of September 11 andcontinuing threat of agroterrorism,many citizens may completely stopbuying era~fish, shrimp, and otherseafood, further devastatingLouisiana's economy. Louisiana'scrustaceans are safe.

HCR No. 26MontgomeryCommends American ElectricPo~er, the Conservation Fund,and the U.S. Fish and WildlifeService for their commitment toenvironmental stewardship,protection of en-dangeredhabitats, and sequestration ofcarbon at the Catahoula LakeNational Wildlife Refuge.

HCR No. 60BeardDue to Louisiana losing over 25acres* of land from the coast eachyear, the state mill attempt toprevent or slo~ do~ coastal lossthrough the coastal reclamationprogram. Through this program,ne~ vegetation ~ill be plantedand the soils of the wetlandsenriched so that vegetativegrowth ~ill be sustained. Amethod to enforce the vegetativegrowth is by using compostblendssuch as sugarcane by-products and ~aste,which is veryabundant in Louisiana. Therefore,the legislature urges and requeststhe Department of NaturalResources to implement a pro-gram to use compost blends,including sugarcane compost, aspart of the coastal reclamationprogram.

SBNo. 6BarhamAdds Coastal ConservationAssociation to the list oforganizations receiving anexemption from state and localsales and use taxes.

HSRNo. 8FaucheuxHouse of Representatives of theLouisiana Legislature requests theHouse Committee on Ways andMeans to study the feasibility ofauthorizing the Board of Com-merce and Industry to enter intotax credit contracts ~ith coastalrestoration manufacturingestablishments, and to report itsfindings prior to the 2004 RegularSession.

HCR No. 75BeardDue to the increase of inmates inthe population of correctional

facilities, an increasing strain hasbeen placed on the mastematertreatment plants of such facilities.Therefore, the legislature requeststhat the Department ofEnvironmental Quality andDepartment of Public Safety andCorrections, Correction Services,to examine alternative ~aste-~ater treatment facilities forprisons and alternatives foroperation of those facilities and toreport their findings to the HouseCommittee on the Environmentand the Senate Committee onEnvironmental Quality prior tothe convening of the 2003Regular Session.

Act No. 75 Duplicate of HB No. 241!;Do~er et al, and Sen. Chaisson,Dupre, et al. Enacts R.S. 56:506 and repealsR.S. 56:505!Repeals the severance tax onsaltwater shrimp taken inLouisiana ~aters and enacts anexcise tax applicable to suchshrimp and on any shrimpimported into Louisiana. It alsoauthorizes the Wildlife andFisheries Commission to adoptrules and regulations for theenforcement and administrationof the excise tax along mithproviding the penalties forviolation of the tax.

Act No. 86 Duplicate of SB No. 18!; Murrayand Thompson and Sen. Romero AddsArticle VII, Section 21 g! ofLouisiana Constitution!

Exempts from ad valoremtaxation drilling rigs usedexclusively for the explorationand development of mineralsoutside the territorial limits of thestate in Outer Continental Shelf~aters which are within the statefor the purpose of being stored,stacked, converted, renovated, orrepaired, and any propertyincorporated in or used in theoperation of such drilling rigs.

*This figure is erroneous, it shouldbe presented in square miles.

Louisiana Coastal Law � Number 81 � December 2002

Announcemenis

New Legal Coordinator

Erinn Neyrey resigned her position as Louisiana Sea Grant Legal Coordinator earlier this year. Weregret losing her and know that she will be an asset to the Baton Rouge law firm of Taylor, Porter,Brooks R Phillips. Lisa C. Schiavinato has accepted the position as our new Legal Coordinator.Lisa is a 2001 graduate of the Levin College of Law at the University of Florida. During her J.D.coursework, Lisa specialized in environmental and land use law. During law school, Lisa workedas a law clerk for the Florida Department of Transportation. After law school, she worked for theHillsborough CountyAttorney's Office. Lisa's research interests include aquaculture, fisheries law,wetlands, coastal law, and coastal zone management. We are pleased to welcome Lisa to the LSGLPand are confident that her abilities and experiences will benefit the program.

LCL E-mail Update Service

Four times a year, the Louisiana Sea Grant Legal Program disseminates an e-mail/web based updateto our biannual newsletter. The updates cover environmental law news relevant to the LCL'saudience as well as summaries of recently introduced environmental legislation and recent courtcase decisions. To sign up for the LCL E-mail Update Service, send an e-mail to lisas!lsu.edu.

Visit us on the web at:

http://www.lsu.edu/sglegal

or E-inail us at

sglegal@lsu.edu

Louisiana Coastal La~ � Number 81 � December 2002