Court strikes down Mississippi oyster leasing law
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Published: Apr. 3, 2026 on Wlox
PASS CHRISTIAN, Miss. (WLOX) — A chancery court judge has struck down parts of a controversial law that would have allowed most public oyster reefs to be privately leased.
The ruling blocks a plan that could have allowed up to 80 percent of public reefs in the Mississippi Sound to be leased. The lawsuit was filed by Mississippi Commercial Fisheries United and more than two dozen oystermen.
The fishermen argued the changes would push working fishermen out of the industry.
“Just a handful of lawmakers have conspired against us to really give away our oyster reefs, our historic oyster reefs, to a handful of special interests. And it was the wrong move then when they did it, and it’s the wrong move now. And we’re glad that the judge and the court have stood with us and ruled in our favor,” said Ryan Bradley, executive director of Mississippi Commercial Fisheries United.
Court issues permanent injunction
The court issued a permanent injunction stopping the state from enforcing major parts of the law. The ruling found those changes violated constitutional rights, including Mississippians’ right to fish and concerns over public resources being turned over to private control.
“Oysters founded our whole industry. It founded our culture. It founded our heritage. I mean, it just, it’s the basis of everything we do. It seems like the last few years we’ve had all kinds of obstacles in the commercial fishing industry, whether it’s, you know, regulations like these, or natural disasters, man-made disasters. It seems like it’s been one thing after another every year,” said Frank Parker, a commercial fisherman
Gerald Blessey, the lawyer who represented Mississippi Commercial Fisheries United, said the decision preserves the natural reefs in all three counties.
“This is an important case for the heritage of the whole Gulf Coast. It preserves the natural reefs that are in all three counties. And every community has fishermen and oystermen, restaurants and others that rely on this way of life. It’s our way of life for 200 years,” Blessey said.
Economic impact on coastal communities
Kirk Kimball, a Pass Christian City Council member, said the impact stretches beyond the water.
“It affects the budget for our harbor. It affects the budget for the city, whereby it affects each individual taxpayer. If they cannot support the harbor, it is going to create a budget shortfall that falls back onto the citizens. Now you are on the hook to support the harbor and to support the economy,” Kimball said.
DMR Director Joe Spragans said current leases will remain, but the agency will not be issuing any new leases. He said DMR will abide by the court’s decision and continue to protect the coast’s resources and oysters.
Fishermen say the ruling keeps Mississippi’s historic oyster reefs in public hands while the long-term future of oyster management in the state remains to be decided.
Comment by Chairman Newberry:
As DFA has always said, the constitutional rights of Waterman in Maryland have been violated by the leasing of public bottom for Private industry. It is in direct violation of the Public Trust Doctrine. It is good to see the state of Mississippi at least stands up for the Waterman. Too bad Maryland won’t do the same thing. Once again is Waterman. We have been abandoned.
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