MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture; Game and Fish

By: Representatives Davis (7th), Gibbs, Mitchell, Nettles, Eaton

AN ACT TO AMEND SECTION 79-22-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE AND COMMERCE TO ISSUE CULTIVATION AND MARKETING PERMITS FOR HYBRID BREAM AND HYBRID BLACK STRIPE CRAPPIE IN A PILOT PROGRAM; TO REVISE THE FEE CHARGED FOR AQUACULTURE CULTIVATION AND MARKETING PERMITS; TO AMEND SECTION 49-7-53, MISSISSIPPI CODE OF 1972, TO EXEMPT GAME FISH PRODUCED IN A LEGALLY PERMITTED AQUACULTURE FACILITY FROM THE PROHIBITION AGAINST SHIPPING; TO DIRECT MISSISSIPPI STATE UNIVERSITY TO CONDUCT CERTAIN RESEARCH AND TESTS PERTAINING TO THE MARKET FEASIBILITY OF SELLING HYBRID BREAM AND HYBRID BLACK STRIPE CRAPPIE AND THE ENFORCEMENT OF REGULATIONS GOVERNING SUCH SALES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 79-22-9, Mississippi Code of 1972, is amended as follows:

79-22-9. (1) An aquaculturist shall obtain a cultivation and marketing permit for cultured aquatic products produced from the following aquatic plants and animals:

(a) All nonnative aquatic plants and animals, including those that are well established in limited or extensive areas of natural lakes, rivers and streams in this state;

(b) Fish classified as game fish in Mississippi; however, except as authorized in subsection (2), the department shall not issue any such permits for the following game fish: black bass, bream, crappie, flathead catfish, walleye and all members of the family Centrarchidae and Percidae;

(c) Endangered, threatened or protected species;

(d) Any aquatic plants or animals which have been genetically modified or are to be genetically modified by means other than breeding and crossbreeding.

(2) The department is authorized, after consultation with the Department of Wildlife, Fisheries and Parks, the Department of Marine Resources and the Division of Agriculture, Forestry and Veterinary Medicine at Mississippi State University, to issue five (5) cultivation and marketing permits for the production and sale of hybrid bream (Lepomis spp.) and hybrid black stripe crappie (Pomoxis spp.) in a pilot program as prescribed by the department's regulations. Such cultured game fish shall be marketed through an approved processing facility in a labeled package and shall remain in the original package when displayed for sale.

This subsection (2) shall stand repealed from and after July 1, 1998.

(3) The department shall not issue the permits required in this section until the department approves the proposed aquaculture facility design or the actual facility and such permits shall only be issued to citizens of the United States. The department shall inspect the aquaculture facility prior to the introduction of the aquatic products to be cultured to insure compliance with the approved permit specifications. The department may also conduct periodic inspections of all facilities engaged in the propagation of nonnative species to insure that operational activities comply with approved permit specifications. All required permits shall be renewed annually. For a resident of Mississippi, the fee for a marketing or cultivation permit shall not exceed One Hundred Dollars ($100.00) for each species of aquatic products produced. The fee for a marketing or cultivation permit issued to a nonresident of Mississippi shall equal the amount imposed by the nonresident's state for such permit on a resident of Mississippi.

SECTION 2. Section 49-7-53, Mississippi Code of 1972, is amended as follows:

49-7-53. (1) It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.

(2) No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following:

(a) Rabbits;

(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and ten (10) days thereafter;

(c) Skins and sinew of deer;

(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9.

(3) The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.

(4) A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41.

Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths.

(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

SECTION 3. The Division of Agriculture, Forestry and Veterinary Medicine at Mississippi State University shall in cooperation with the Mississippi Department of Agriculture and Commerce and the Mississippi Department of Wildlife, Fisheries and Parks: (a) study the development of a test that can be used in the field for identifying differences between wild species of game fish and game fish produced in an aquacultural facility; and (b) research the culture feasibility and market potential of the sale of hybrid bream and hybrid black stripe crappie as authorized in Section 1 of this act.

SECTION 4. This act shall take effect and be in force from and after its passage.