A lawsuit has been filed challenging legislation allowing the Mississippi Department of Marine Resources (MDMR) to privately lease natural public oyster reefs.
Mississippi Commercial Fisheries United, a nonprofit trade association representing commercial fishermen, is calling into question the merit of Senate Bill 2648 from the 2024 Mississippi legislative session. The legislation enables private individuals or businesses to lease water bottoms and authorizes the MDMR to facilitate an application process for prospective lessees to acquire these areas.
According to Mississippi Commercial Fisheries United, SB 2648 allows for up to 80% of the state’s natural and historically public oyster reefs to be leased out to the right bidder. The group argues that this practice is not only unconstitutional, but also a direct threat to the livelihoods of local fishermen. Essentially, the lawsuit argues that public venues belong to the public, not private entities.
Ryan Bradley, the group’s president, also accuses MDMR Executive Director Joe Spraggins of not holding a public hearing to account for commercial fishermen’s concerns over the new regulation before giving it the green light, despite guaranteeing that the public’s voice would be heard.
“Over the past several years, the Mississippi State Legislature has attempted to implement an unconstitutional private leasing regime that completely disregards the importance of the cultural, heritage, and economic considerations of the traditional wild harvest oystermen and their families who have relied upon public access to these very same reefs for centuries,” the lawsuit filed in Mississippi’s Second Judicial District Chancery Court asserts.
“These vague and discriminatory acts, if implemented, would unjustly exclude our current oyster fishing families from their direct access to harvest from reefs that they rely upon for their livelihoods and would leave them without enough viable grounds to be able to continue to work.”
The group further adds that leasing public oyster reefs to businesses or other private organizations would force oystermen to work for leaseholders, effectively making them dependent contractors, rather than self-employed workers. Another worry is that the employees would have to cover their own fuel, equipment, and maintenance costs while simultaneously losing their independence along reefs that were once public.
Per multiple reports, public oyster reefs are experiencing a significant recovery since last being devastated by the 2019 and 2020 openings of the Bonnet Carré Spillway, giving harvesters a sign of financial relief following years of hardship. Nonetheless, lawmakers and MDMR officials are accused of jeopardizing the ability of harvesters to maximize their income if reefs are privately leased.
As the lawsuit remains under consideration, Mississippi Commercial Fisheries United demands:
- An immediate halt to all plans to lease oyster reefs in Mississippi waters
- Transparent environmental and economic impact assessments to fully understand the implications of leasing
- Increased community involvement in decisions affecting our public waters and natural resources
No representative from MDMR has commented on the lawsuit at this time.
