BILOXI — Mississippi’s plan to lease 80% of its public oyster reefs to private companies is on pause after a Harrison County judge temporarily blocked the program Monday.
Chancery Court Judge Jim Persons granted a preliminary injunction, halting the Mississippi Department of Marine Resources from issuing new leases while a lawsuit plays out. The order is temporary, meant to keep the program from moving forward until the court makes a decision.
According to MDMR Executive Director Joe Spraggins, the judge said the program, under the Fourth Amendment, unconstitutionally restricts leases to Mississippi residents and attempts to regulate activity beyond state waters.
Mississippi Commercial Fisheries United, the nonprofit that filed the lawsuit along with nearly two dozen oyster fishermen, celebrated the decision on social media.
The ruling is the latest chapter in a months-long debate over how to rebuild reefs devastated by natural and man-made disasters.
How we got here
The leasing plan was finalized in 2024 as part of MDMR’s effort to speed up reef restoration after years of losses.
Events like the 2019 opening of the Bonnet Carré Spillway killed more than 95% of Mississippi’s oysters, leaving the state to lead restoration efforts on its own. State officials said private investors could provide the funding and labor needed to rebuild the reefs faster than the state could.
Under the plan, leaseholders would manage designated reef areas, file annual reports and meet restoration benchmarks.
Fishermen argued the plan would cut them off from reefs they’ve worked for generations and favor wealthier leaseholders over local crews.
“You’re giving 100% to the leaseholder, so the fishermen have no voice in it anymore. None,” said commercial fisherman John Livings during a Dec. 2024 meeting.
Pushback from local officials
Fishermen consider the injunction a win for the public — and support is growing among state and local leaders.
U.S. Rep. Mike Ezell, R-Miss., issued a statement backing Judge Persons’ decision.
“I support Judge Persons’ ruling that protects Mississippi’s public oyster reefs from privatization. Our reefs belong to the people, and this decision ensures Gulf Coast oystermen can continue their way of life while preserving our state’s maritime heritage,” he said.
The city of Biloxi passed a resolution on Aug. 20 opposing the leasing program, saying the reefs are a part of the city’s identity and economy.
“The Mississippi Sound is not a privilege. It is a public treasure, owned by every Mississippian who has ever cast a line, checked the traps or tasted the bounty of the sea,” said Biloxi City Council President Kenny Galvan. “Any plan that moves toward privatizing or restricting public riches is a wound to our shoreline economy, our cultural heritage and our democratic ideals.”
The city of Pass Christian also passed a resolution Aug. 8 in support of commercial fishermen and against privatization.
“We oppose leasing of the oyster reefs in Mississippi waters in support of commercial fishermen,” one councilmember said.
A turning point in the legal fight
For now, the ruling means Mississippi’s oyster fishermen will continue to work the reefs as they have for years while the case works its way through the court system.
“I have no idea where it’s going from here,” Spraggins said. “What we will do at this point is, we will continue to operate as we have in the last 15 years — we will continue operating the same way we’ve been doing it.”
The state can appeal the judge’s decision if it believes the outcome is unwarranted. No statement has been made yet on whether an appeal will be filed. The deadline to appeal is mid-September.
In the meantime, Spraggins said the agency will continue monitoring reef conditions and expects to open all publicly owned reefs for harvest next season, provided that water quality and oyster growth support it.