§3. Ownership of wild birds, quadrupeds, fish, aquatic life, water bottoms, oysters, and shellfish
A. The ownership and title to all wild birds, and wild quadrupeds, fish, other aquatic life, the beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico within the territory or jurisdiction of the state, including all oysters and other shellfish and parts thereof grown thereon, either naturally or cultivated, and all oysters in the shells after they are caught or taken therefrom, are and remain the property of the state, and shall be under the exclusive control of the Wildlife and Fisheries Commission except as provided in R.S. 56:4.
B. Wild birds, quadrupeds, fish, other aquatic life, and the beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico, within the territorial jurisdiction of the state, including all oysters and other shellfish and parts thereof grown thereon, either naturally or cultivated, and all oysters in the shells after they are caught or taken therefrom, shall not be taken, sold, or had in possession except as otherwise permitted in this Title; and the title of the state to all such wild birds, quadrupeds, fish, and other aquatic life, even though taken in accordance with the provisions of this Title, and the beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets always remains in the state for the purpose of regulating and controlling the use and disposition thereof.
Acts 1985, No. 876, §3, eff. July 23, 1985.
Notes of Decisions
Cited in
16
cases (
4 in the last 5 years), 1966–2025 · leading case:
Avenal v. State, 886 So. 2d 1085 (La. 2004).
Avenal v. State, 886 So. 2d 1085 (La. 2004).
· cites it 3× “R.S. 56:3. Further, the State owns all water bottoms "bordering on or connecting with the Gulf of Mexico within the territory or jurisdiction of the State," and the State may not alienate these water bottoms.”
State v. Thompson, 204 So. 3d 1019 (La. Ct. App. 2016).
· cites it 2× “R.S. 56:3 A; 23 see also La. C.C. art. 3413.”
State v. Barras, 615 So. 2d 285 (La. 1993).
“LSA-R.S. 56:3(A). The trial court recognized that this property lies within the levees of the Atchafalaya River but concluded that it was not part of the Atchafalaya River's banks.”
State v. Powell, 515 So. 2d 1085 (La. 1987).
· cites it 2× “R.S. 56:3, 422-451 (West 1987). In general, with respect to oystering, these statutes declare that all oysters grown on or taken from state water bottoms remain the property of the state under the exclusive control of the Commissioner of Wildlife and Fisheries until title is…”
State v. McHugh, 630 So. 2d 1259 (La. 1994).
“, supra; Matter of Dravo Basic Materials Co., Inc.”
State v. Perret, 563 So. 2d 459 (La. Ct. App. 1990).
· cites it 2× “36:609 C, which provides, in part, that the Office of Coastal and Marine Resources shall perform the functions of the state relating to the administration, operation and law enforcement of programs relating *464 to oysters, including but not limited to the regulation of the…”
Dempster v. Louis Eymard Towing Co., Inc., 503 So. 2d 99 (La. Ct. App. 1987).
“-R.S. 56:3 which provides that: [t]he ownership and title to all wild birds, and wild quadrupeds, fish, other aquatic life, the beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico within the…”
Sevin v. Par. of Plaquemines, 901 So. 2d 619 (La. Ct. App. 2005).
“R.S. 56:3. I agree. Although this provision relieves the State from establishing that the property was used for a recreational purpose, the jurisprudence has held that the State nonetheless must establish the two other requirements for invoking the immunity; to-wit:(i) that the…”
Schoeffler v. Drake Hunting Club, 919 So. 2d 822 (La. Ct. App. 2006).
“R.S. 56:3. Ownership of wild birds, quadrupeds, fish, aquatic life, water bottoms, oysters, and shellfish A.”
Est. of Petrovich v. Jules Melancon, Inc., 996 So. 2d 520 (La. Ct. App. 2008).
· cites it 2× “Further, the State owns all water bottoms "bordering on or connecting with the Gulf of Mexico within the territory or jurisdiction of the State," and the State may not alienate these water bottoms. La. R.S. 56:3; La. Const. art.”
Tassin v. Louisiana Wildlife & Fisheries Comm'n, 193 So. 2d 812 (La. Ct. App. 1966).
“The Commissioner of Wildlife and Fisheries directed and controlled the Department of Wildlife and Fisheries and was appointed by the governor, by and with the advice and consent of the Senate, for a term of four years, as provided by LSA-R.S. 56:3. One of the Commissioner’s…”
— La. Rev. Stat. § 56:3(A) — 2 cases
State v. Barras, 615 So. 2d 285 (La. 1993).
“LSA-R.S. 56:3(A). The trial court recognized that this property lies within the levees of the Atchafalaya River but concluded that it was not part of the Atchafalaya River's banks.”
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