MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Conservation and Water Resources

By: Representatives Saucier, King, Formby, Ellzey, Dedeaux, Janus, Barnett (116th), Shows, Cameron, Davis (102nd), Chaney, Robinson (84th), Rotenberry, Barnett (92nd), Frierson, Hudson, Ketchings

House Bill 977

AN ACT TO AMEND SECTIONS 49-15-100 AND 49-15-100.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT, EFFECTIVE MARCH 1, 1998, THE USE OF GILL NETS AND TRAMMEL NETS IN THE MARINE WATERS UNDER THE TERRITORIAL JURISDICTION OF THE STATE OF MISSISSIPPI, TO AMEND SECTIONS 49-15-77, 49-15-15, 49-15-29 AND 49-15-79, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 49-15-100, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-100. (1) It is unlawful for any person, firm or corporation to set a gill or trammel net, in the marine waters of the state north of Highway 90.

(2) (a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch.

(b) The penalties for a violation of this section shall not be suspended or reduced.

[From and after March 1, 1998, this section shall read as follows:]

49-15-100. (1) It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters under the territorial jurisdiction of the State of Mississippi.

(2) (a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch.

(b) The penalties for a violation of this section shall not be suspended or reduced.

SECTION 2. Section 49-15-100.1, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-100.1. It is unlawful for any person, firm or corporation to set a gill or trammel net, in the marine waters of the state north of Highway 90. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation.

[From and after March 1, 1998, this section shall read as follows:]

49-15-100.1. It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters under the territorial jurisdiction of the State of Mississippi. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation.

SECTION 3. Section 49-15-77, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-77. (1) It shall be unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any gill nets, trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission.

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972.

[From and after March 1, 1998, this section shall read as follows:]

49-15-77. (1) It shall be unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any gill nets, trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission. Nothing in this section shall be construed to authorize the use of gill nets or trammel nets in the marine waters under the territorial jurisdiction of the State of Mississippi.

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972.

SECTION 4. Section 49-15-15, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-15. (1) The express purpose of this section is to furnish the commission with jurisdiction and authority over all marine aquatic life.

(2) The commission shall have full jurisdiction and control of all public and natural oyster reefs and oyster bottoms of the State of Mississippi.

(a) The commission may regulate any matters pertaining to oysters, shrimp and shellfish and shall utilize the resources of the Gulf Coast Research Lab to the fullest extent possible. The commission shall regulate all oyster, shrimp and shellfish sanitation and processing programs. In the three (3) coastal counties, the shellfish sanitation program regulating processing plants and shellfish sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission shall develop a water management plan to preserve our oyster, shrimp and shellfish resources and to ensure a safe supply of these resources.

(b) To effectively and efficiently implement the state shellfish sanitation program, the State Health Officer and the executive director of the department shall enter into a memorandum of understanding, which, at a minimum, clearly specifies the responsibilities of each agency in implementing the shellfish sanitation program, as well as the sharing of information and communication and coordination between the agencies.

(c) Any person, licensed live bait dealers, licensed live bait shrimpers and licensed commercial shrimpers shall be allowed to take shrimp in the bays of Bay St. Louis, Biloxi and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day. The cast net shall not exceed twelve (12) feet in length.

(3) In connection with its jurisdiction and authority, the commission:

(a) Shall set standards of measure.

(b) Shall open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs. However, the shrimp season shall open on the first Wednesday of June. The shrimp season shall be closed from January 1 until it is opened the first Wednesday of June, except south of the intercoastal waterway. The shrimp season shall be closed south of the intercoastal waterway from May 1 until it is opened the first Wednesday of June. For the purposes of this paragraph only, that portion of the intercoastal waterway that extends from a point south of Long Beach to a point south of Point Clear is described as follows: Begin at green buoy or beacon number 1 which is located approximately three (3) miles north of West Point on Cat Island, thence extending southwesterly to buoy or beacon number 4P, thence southwesterly to Pass Marianne Light, thence southwesterly to buoy or beacon number 15P at the northernmost point of Merrill Coquille, thence southwesterly to buoy or beacon number 17P, thence southwesterly to buoy or beacon number 22, thence westerly to Lighthouse Point and continuing westward following the meandering of the shoreline to the boundary line of the state. The commission, by majority vote, may open the season at an earlier or later date in designated areas only after sampling areas within its jurisdiction where shrimp may be caught for the purpose of determining the count of shrimp per pound. The commission may also, by majority vote, close certain designated areas where the shrimp count is found, by sampling, to be in excess of sixty-eight (68) per pound. The following waters are protective and staging areas for young shrimp, and as such, are permanently closed to commercial and recreational shrimping activities:

All waters north of a line beginning at a point one-half

mile due South of the shoreline at the Mississippi-Alabama

state boundary; thence running westerly following the

meanderings of the shoreline one-half mile therefrom to

Light "5" in the Bayou Casotte Channel; thence running

northerly to Light "7" in the Bayou Casotte Channel;

thence running westerly following the meanderings of the

shoreline one-half mile therefrom to the intersection with

the Pascagoula Channel; thence running northwesterly to

Beacon "44" in the Pascagoula Channel; thence running

southwesterly to Beacon "43" in the Pascagoula Channel;

thence running in the most direct line to the northeast

point of Singing River Island; thence running westerly

along the north shoreline to the northwest point of

Singing River Island; thence running northwesterly to a

point one-half mile due south of the mouth of Graveline

Bayou; thence running westerly following the meanderings

of the shoreline one-half mile therefrom to Beacon "18" in

the Biloxi Bay Channel; thence running northwesterly to

Beacon "22" in the Biloxi Bay Channel; thence running

northwesterly to Beacon "26" in the Biloxi Bay Channel;

thence running westerly to Beacon "34", exclusive of the

Biloxi Channel itself; thence running westerly to Beacon

"30" in the Biloxi Channel, exclusive of the Biloxi

Channel itself; and thence running due South to a point on

the north shore of Deer Island; thence running westerly

following the north shore of Deer Island to the

westernmost tip; thence running westerly in the most

direct line to Biloxi Beacon "8"; thence running westerly

following the meanderings of the shoreline at a distance

of one-half mile therefrom to a point on the centerline

of the CSX Railroad Bridge over St. Louis Bay; thence

running westerly along the centerline of said bridge to

a point one-half mile south of the western abutment;

thence running southwesterly following the meanderings

of the shoreline, at a distance of one-half mile

therefrom, to a point one-half mile due East of the

mouth of Bayou Caddy; thence running due West to the

mouth of Bayou Caddy; thence running southwesterly

following the meanderings of the shoreline to a point on

the Mississippi-Louisiana state boundary.

Public reefs may be opened for harvest of oysters during the season on a rotating basis; but at least one (1) reef must be opened in each county throughout the season, unless a reef is closed pursuant to subsection (9), or unless the commission determines that a particular reef has been over-harvested or that a high percentage of sub-legal size oysters exist on a particular reef and that harvest could damage future oyster crops. Reefs open for harvest during the season shall be open every Monday through Saturday, and subject to the availability of funds, such reefs shall be open on Sunday. Upon making such a determination, the commission may close designated reef areas and keep them closed during the season.

(c) Shall set size, catching and taking regulations for all types of seafood and culling regulations for oysters. Unless otherwise permitted by the commission, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in his possession or under his control any oysters off the public reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling. The commission, in its discretion, may authorize the culling of oysters of a lesser measure.

Such authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including but not limited to flooding. The department may establish checkpoints in any area within its jurisdiction for the purpose of conducting inspections in the enforcement of the regulations set forth in this subsection.

(d) For the purpose of growing oysters, shall acquire and replant shells, seed oysters and other materials when funding is available. However, one hundred percent (100%) of all the oyster shells produced from oysters taken from the public reefs of the State of Mississippi are hereby declared to be the nontransferable property of the State of Mississippi, and all persons, firms or corporations dealing in or canning oysters taken from the public reefs of the state shall deliver to the commission one hundred percent (100%) of the oyster shells taken or processed by such person, firm or corporation, delivery of same to be at the place of business of the oyster processor, dealer or factory. The commission shall order that such oyster shells shall be spread on the public reefs of this state to improve the oyster beds. The commission shall charge a fee of Fifty Cents (504) per sack to be paid to it for the above shells taken from waters within the territorial jurisdiction of the State of Mississippi, but processed in other states, in lieu of taking delivery of same. Funds received from the shell retention fee shall be paid into a special fund in the State Treasury to be appropriated by the Legislature for use by the commission to further oyster production in this state. Any person failing or refusing to deliver such shells or shell retention fee to the department when called for by it, as provided in this section, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells they fail or refuse to deliver, or to tender the shell retention fee; and, in addition thereto, shall pay the reasonable value thereof and shall be ineligible to be licensed for any of the activities set forth in this chapter.

The collection and planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. Planting and replanting of oyster shells shall be coordinated by the Gulf Coast Research Laboratory. The governing authorities of each county and municipality bordering upon the Mississippi Sound are hereby empowered to assist the commission and the Gulf Coast Research Laboratory in the planting and replanting of oyster shells. The commission shall construe this subparagraph to require the return of a maximum amount of shells to the reefs, and shall allow the retention of shells only in cases where the collection or return of the shells is impractical or not feasible.

An equal amount of oyster shells shall be planted or replanted in the waters of each county bordering on the Mississippi Sound.

(e) Shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft shell crabs.

(f) Shall set forth enforcement procedure and penalties for violations, except that in the case where a "live bait dealer" or "live bait catcher boat" is convicted of a violation of this section or a duly adopted ordinance of the commission. In such a case, the commission may, in addition to punishment duly adjudicated, revoke the license of the vessel or dealer to whom it is issued for a period not exceeding two (2) weeks following conviction of the first offense, not exceeding six (6) months following conviction of the second offense, and up to one (1) year revocation following conviction of the third offense when such subsequent offenses are committed within three (3) years of the first offense. Upon the revocation of such license, the commission may require the posting of a cash performance bond not to exceed One Thousand Dollars ($1,000.00) before the reissuance of a license previously revoked in accordance with this section. The commission may at its discretion require the forfeiture of such bond upon the subsequent conviction of any violation of this section or a duly adopted ordinance of the commission. If a person who posts bond under this paragraph desires to no longer engage in the live bait business, such person shall certify that fact to the commission who shall return the bond. If, thereafter, such person desires to again engage in the live bait business a cash performance bond may be required prior to the reissuance of a license.

(g) May set requirements for employment of nonenforcement commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board.

(h) May acquire and dispose of commission equipment and facilities.

(i) Shall arrange for keeping of proper records of the commission.

(j) May enter into advantageous interstate and intrastate agreements with proper officials, which agreements directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence.

(k) May arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi.

(l) May enact all regulations necessary for the protection, conservation or propagation of all shrimp, oysters, commercial fish and crabs in the waters under the territorial jurisdiction of the State of Mississippi, including but not be limited to the regulation of gill net and purse seine fishermen. However, it is unlawful for any person, firm or corporation to take, catch or have in their possession within territorial waters of the State of Mississippi shrimp of a size weighing in the raw state less than one (1) pound to each sixty-eight (68) shrimp, except when a valid permit or affidavit of another state identifies the catch as having been taken in non-Mississippi waters, or except in case of live bait shrimp. It is unlawful to take, catch or have in possession live bait shrimp of a size weighing in the raw state less than one (1) pound to each one hundred (100) shrimp. This provision may be changed by a two-thirds (2/3) vote of the commission. The commission may adopt rules, regulations, guidelines and other operation criteria in conjunction with licensing live bait dealers and live bait catcher boats as it deems appropriate to ensure that only bona fide operations will be licensed. The commission shall consult with existing live bait dealers and live bait catcher boat operators prior to adoption of such regulations and prior to any future changes, and shall hold public hearings in every county on the Mississippi Gulf Coast.

(m) Shall establish minimum specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of such buoys and traps. Within the bays and bayous recreational crabbers may use no more than six (6) crab traps per household. The commission may require a recreational crabbers license for an administrative fee not to exceed Five ($5.00) Dollars. The taking of crabs with drop nets is permitted without a license.

It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time within marine waters. It is not unlawful to catch such crabs unintentionally, if the crabs are immediately returned to the water.

(n) May authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and such rigs shall not exceed a length of twenty-five (25) feet at the cork line, and shall prescribe the length at the lead line for each rig, net or try-trawl.

(o) Shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.

(p) Shall require all boats used under regulation of this chapter which are also used in waters of other states and required by such states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that such licensed boats are used within and without the territorial waters of Mississippi. Upon the issuance of such license, such licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized as such by the United States Coast Guard pursuant to 46 CFR 24-26 and 46 CFR 175-187, shall be deemed to be in the business of interstate transportation; however, this shall in no way affect the collection of other licenses and fees by the commission which would otherwise be due under this chapter.

Notwithstanding the provisions of this section, the commission shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter; the commission by regulation shall require the registration and inspection of such landings. The commission may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-29(f). This paragraph shall not be construed to supersede Section 49-15-71.

Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.

(q) Shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless such person, firm or corporation shall possess a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of such oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63.

(r) When an application for an original or renewal license of any kind authorized by this chapter is received by the commission, the commission shall determine whether the vessel or related equipment subject to such license is owned and operated in compliance with applicable federal and state laws; if it be determined that a vessel or its owner is not in compliance with such laws, then no license shall be issued or renewed for the operation of such vessel for a period of one (1) year. All licenses shall be made available for purchase at any building which is regularly operated by the department or commission on the Mississippi Gulf Coast.

(4) The commission shall keep and maintain an official ordinance book into which shall be copied all regulations promulgated by the commission under authority herein granted, and each regulation so promulgated shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by such regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication.

The commission shall promulgate all rules pertaining to this chapter in accordance with the Mississippi Administrative Procedures Law provided that all hearings required under the Mississippi Administrative Procedures Law concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties.

(5) The executive director of the department shall have printed an abstract copy of this chapter and all subsequent amendments thereto, as well as all regulations promulgated by the commission, and may distribute the same to all persons interested and desiring a copy thereof and to each licensee at the time of issuance of the license. New regulations and amendments to this chapter may be supplied to each licensee within a reasonable time after their promulgation. The department is authorized to charge a reasonable fee not to exceed actual cost for its publications.

(6) The commission is hereby specifically empowered and authorized to support projects in the nature of digging or constructing canals or ditches in order to bring additional water to existing oyster reefs or beds in need of same, or for the purpose of creating or establishing new oyster reefs or beds, and all reefs so created or established shall be deemed public reefs. The commission may expend such monies as it shall deem necessary and expedient in order to participate in the digging of such canals. The commission may also enter into interstate or intrastate efforts toward this end, and may seek and utilize aid from all federal, state and local sources in this endeavor. To aid in the construction of such canals or ditches, the commission may exercise the right of eminent domain in the manner provided by law on the subject.

(7) The commission may construct, operate and maintain an onshore, molluscan depuration facility using any federal or special funds, other than general funds, for the purpose of testing and proving depuration technology of oysters and other molluscan shellfish. In connection with the construction, operation and maintenance of the facility, the commission may contract with such persons as may be deemed necessary for the operation, testing, maintenance and evaluation of the facility subject to the approval of the State Personnel Board. The commission may locate the facility on any available public properties subject to the approval of the governing body thereof and all other applicable state laws; and once depuration technology has been tested and proven for oysters, the commission may conduct such other tests and experiments with oysters or other shellfish as may be necessary to enhance production or quality of shellfish.

(8) The commission may lease to political subdivisions of the State of Mississippi up to one thousand (1,000) acres of water bottoms for development of oyster reefs and such political subdivisions are authorized to permit residents of the State of Mississippi to harvest oysters from such reefs and charge and receive a fee for each sack of oysters so harvested. The commission shall consider and approve the application of a political subdivision after determining that (a) no conflicts exist with sites requested in applications filed prior to the application of the political subdivision, (b) a fair and reasonable rental payment has been set, and (c) such lease will insure the maximum culture and propagation of oysters.

(9) The commission shall promulgate regulations regarding the closing of oyster reefs which are determined to be contaminated or otherwise unfit for consumption; however, the waters of reefs closed under this chapter shall be tested between five (5) and ten (10) days after closure. When such testing indicates that the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice thereof may be made to parties in interest. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the commission acting through the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department pursuant to its statutory authority may limit the sale of oysters for human consumption; however, all matters concerning the harvesting of oysters shall be within the jurisdiction of the commission.

The commission shall establish a reasonable period of time for depuration of oysters replanted from contaminated waters. Such periods of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.

(10) (a) The commission shall provide that residents of other states bordering on the Gulf of Mexico who are applicants for a commercial fishing license of any type as provided for in this chapter shall pay the same fee or fees that a resident of this state pays in this state for such license if the respective applicant's domicile state does not charge a greater fee or fees for a Mississippi resident than for a resident of such other state to engage in a like activity in such other state; however, if such applicant's domicile state does charge a greater fee or fees for residents of Mississippi than for a resident of the applicant's domicile state, then such applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(b) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of such foreign states shall be required to pass.

(11) The commission shall provide by rule for the disposition of equipment or nets which have been lawfully seized by the commission and which are not sold pursuant to Section 49-15-65. The commission is authorized to destroy such property, in its discretion, and pursuant to rules adopted under this subsection.

(12) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.

(13) Prior to the issuance, modification or revocation of any rule, regulation or ordinance pertaining to marine resources, the commission shall hold a public hearing to obtain comments from the public on its proposed action.

[From and after March 1, 1998, this section shall read as follows:]

49-15-15. (1) The express purpose of this section is to furnish the commission with jurisdiction and authority over all marine aquatic life.

(2) The commission shall have full jurisdiction and control of all public and natural oyster reefs and oyster bottoms of the State of Mississippi.

(a) The commission may regulate any matters pertaining to oysters, shrimp and shellfish and shall utilize the resources of the Gulf Coast Research Lab to the fullest extent possible. The commission shall regulate all oyster, shrimp and shellfish sanitation and processing programs. In the three (3) coastal counties, the shellfish sanitation program regulating processing plants and shellfish sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission shall develop a water management plan to preserve our oyster, shrimp and shellfish resources and to ensure a safe supply of these resources.

(b) To effectively and efficiently implement the state shellfish sanitation program, the State Health Officer and the executive director of the department shall enter into a memorandum of understanding, which, at a minimum, clearly specifies the responsibilities of each agency in implementing the shellfish sanitation program, as well as the sharing of information and communication and coordination between the agencies.

(c) Any person, licensed live bait dealers, licensed live bait shrimpers and licensed commercial shrimpers shall be allowed to take shrimp in the bays of Bay St. Louis, Biloxi and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day. The cast net shall not exceed twelve (12) feet in length.

(3) In connection with its jurisdiction and authority, the commission:

(a) Shall set standards of measure.

(b) Shall open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs. However, the shrimp season shall open on the first Wednesday of June. The shrimp season shall be closed from January 1 until it is opened the first Wednesday of June, except south of the intercoastal waterway. The shrimp season shall be closed south of the intercoastal waterway from May 1 until it is opened the first Wednesday of June. For the purposes of this paragraph only, that portion of the intercoastal waterway that extends from a point south of Long Beach to a point south of Point Clear is described as follows: Begin at green buoy or beacon number 1 which is located approximately three (3) miles north of West Point on Cat Island, thence extending southwesterly to buoy or beacon number 4P, thence southwesterly to Pass Marianne Light, thence southwesterly to buoy or beacon number 15P at the northernmost point of Merrill Coquille, thence southwesterly to buoy or beacon number 17P, thence southwesterly to buoy or beacon number 22, thence westerly to Lighthouse Point and continuing westward following the meandering of the shoreline to the boundary line of the state. The commission, by majority vote, may open the season at an earlier or later date in designated areas only after sampling areas within its jurisdiction where shrimp may be caught for the purpose of determining the count of shrimp per pound. The commission may also, by majority vote, close certain designated areas where the shrimp count is found, by sampling, to be in excess of sixty-eight (68) per pound. The following waters are protective and staging areas for young shrimp, and as such, are permanently closed to commercial and recreational shrimping activities:

All waters north of a line beginning at a point one-half

mile due South of the shoreline at the Mississippi-Alabama

state boundary; thence running westerly following the

meanderings of the shoreline one-half mile therefrom to

Light "5" in the Bayou Casotte Channel; thence running

northerly to Light "7" in the Bayou Casotte Channel;

thence running westerly following the meanderings of the

shoreline one-half mile therefrom to the intersection with

the Pascagoula Channel; thence running northwesterly to

Beacon "44" in the Pascagoula Channel; thence running

southwesterly to Beacon "43" in the Pascagoula Channel;

thence running in the most direct line to the northeast

point of Singing River Island; thence running westerly

along the north shoreline to the northwest point of

Singing River Island; thence running northwesterly to a

point one-half mile due south of the mouth of Graveline

Bayou; thence running westerly following the meanderings

of the shoreline one-half mile therefrom to Beacon "18" in

the Biloxi Bay Channel; thence running northwesterly to

Beacon "22" in the Biloxi Bay Channel; thence running

northwesterly to Beacon "26" in the Biloxi Bay Channel;

thence running westerly to Beacon "34", exclusive of the

Biloxi Channel itself; thence running westerly to Beacon

"30" in the Biloxi Channel, exclusive of the Biloxi

Channel itself; and thence running due South to a point on

the north shore of Deer Island; thence running westerly

following the north shore of Deer Island to the

westernmost tip; thence running westerly in the most

direct line to Biloxi Beacon "8"; thence running westerly

following the meanderings of the shoreline at a distance

of one-half mile therefrom to a point on the centerline

of the CSX Railroad Bridge over St. Louis Bay; thence

running westerly along the centerline of said bridge to

a point one-half mile south of the western abutment;

thence running southwesterly following the meanderings

of the shoreline, at a distance of one-half mile

therefrom, to a point one-half mile due East of the

mouth of Bayou Caddy; thence running due West to the

mouth of Bayou Caddy; thence running southwesterly

following the meanderings of the shoreline to a point on

the Mississippi-Louisiana state boundary.

Public reefs may be opened for harvest of oysters during the season on a rotating basis; but at least one (1) reef must be opened in each county throughout the season, unless a reef is closed pursuant to subsection (9), or unless the commission determines that a particular reef has been over-harvested or that a high percentage of sub-legal size oysters exist on a particular reef and that harvest could damage future oyster crops. Reefs open for harvest during the season shall be open every Monday through Saturday, and subject to the availability of funds, such reefs shall be open on Sunday. Upon making such a determination, the commission may close designated reef areas and keep them closed during the season.

(c) Shall set size, catching and taking regulations for all types of seafood and culling regulations for oysters. Unless otherwise permitted by the commission, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in his possession or under his control any oysters off the public reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling. The commission, in its discretion, may authorize the culling of oysters of a lesser measure.

Such authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including but not limited to flooding. The department may establish checkpoints in any area within its jurisdiction for the purpose of conducting inspections in the enforcement of the regulations set forth in this subsection.

(d) For the purpose of growing oysters, shall acquire and replant shells, seed oysters and other materials when funding is available. However, one hundred percent (100%) of all the oyster shells produced from oysters taken from the public reefs of the State of Mississippi are hereby declared to be the nontransferable property of the State of Mississippi, and all persons, firms or corporations dealing in or canning oysters taken from the public reefs of the state shall deliver to the commission one hundred percent (100%) of the oyster shells taken or processed by such person, firm or corporation, delivery of same to be at the place of business of the oyster processor, dealer or factory. The commission shall order that such oyster shells shall be spread on the public reefs of this state to improve the oyster beds. The commission shall charge a fee of Fifty Cents (504) per sack to be paid to it for the above shells taken from waters within the territorial jurisdiction of the State of Mississippi, but processed in other states, in lieu of taking delivery of same. Funds received from the shell retention fee shall be paid into a special fund in the State Treasury to be appropriated by the Legislature for use by the commission to further oyster production in this state. Any person failing or refusing to deliver such shells or shell retention fee to the department when called for by it, as provided in this section, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells they fail or refuse to deliver, or to tender the shell retention fee; and, in addition thereto, shall pay the reasonable value thereof and shall be ineligible to be licensed for any of the activities set forth in this chapter.

The collection and planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. Planting and replanting of oyster shells shall be coordinated by the Gulf Coast Research Laboratory. The governing authorities of each county and municipality bordering upon the Mississippi Sound are hereby empowered to assist the commission and the Gulf Coast Research Laboratory in the planting and replanting of oyster shells. The commission shall construe this subparagraph to require the return of a maximum amount of shells to the reefs, and shall allow the retention of shells only in cases where the collection or return of the shells is impractical or not feasible.

An equal amount of oyster shells shall be planted or replanted in the waters of each county bordering on the Mississippi Sound.

(e) Shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft shell crabs.

(f) Shall set forth enforcement procedure and penalties for violations, except that in the case where a "live bait dealer" or "live bait catcher boat" is convicted of a violation of this section or a duly adopted ordinance of the commission. In such a case, the commission may, in addition to punishment duly adjudicated, revoke the license of the vessel or dealer to whom it is issued for a period not exceeding two (2) weeks following conviction of the first offense, not exceeding six (6) months following conviction of the second offense, and up to one (1) year revocation following conviction of the third offense when such subsequent offenses are committed within three (3) years of the first offense. Upon the revocation of such license, the commission may require the posting of a cash performance bond not to exceed One Thousand Dollars ($1,000.00) before the reissuance of a license previously revoked in accordance with this section. The commission may at its discretion require the forfeiture of such bond upon the subsequent conviction of any violation of this section or a duly adopted ordinance of the commission. If a person who posts bond under this paragraph desires to no longer engage in the live bait business, such person shall certify that fact to the commission who shall return the bond. If, thereafter, such person desires to again engage in the live bait business a cash performance bond may be required prior to the reissuance of a license.

(g) May set requirements for employment of nonenforcement commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board.

(h) May acquire and dispose of commission equipment and facilities.

(i) Shall arrange for keeping of proper records of the commission.

(j) May enter into advantageous interstate and intrastate agreements with proper officials, which agreements directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence.

(k) May arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi.

(l) May enact all regulations necessary for the protection, conservation or propagation of all shrimp, oysters, commercial fish and crabs in the waters under the territorial jurisdiction of the State of Mississippi, including but not * * * limited to the regulation of * * * purse seine fishermen. However, it is unlawful for any person, firm or corporation to take, catch or have in their possession within territorial waters of the State of Mississippi shrimp of a size weighing in the raw state less than one (1) pound to each sixty-eight (68) shrimp, except when a valid permit or affidavit of another state identifies the catch as having been taken in non-Mississippi waters, or except in case of live bait shrimp. It is unlawful to take, catch or have in possession live bait shrimp of a size weighing in the raw state less than one (1) pound to each one hundred (100) shrimp. This provision may be changed by a two-thirds (2/3) vote of the commission. The commission may adopt rules, regulations, guidelines and other operation criteria in conjunction with licensing live bait dealers and live bait catcher boats as it deems appropriate to ensure that only bona fide operations will be licensed. The commission shall consult with existing live bait dealers and live bait catcher boat operators prior to adoption of such regulations and prior to any future changes, and shall hold public hearings in every county on the Mississippi Gulf Coast.

(m) Shall establish minimum specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of such buoys and traps. Within the bays and bayous recreational crabbers may use no more than six (6)crab traps per household. The commission may require a recreational crabbers license for an administrative fee not to exceed Five ($5.00) Dollars. The taking of crabs with drop nets is permitted without a license.

It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time within marine waters. It is not unlawful to catch such crabs unintentionally, if the crabs are immediately returned to the water.

(n) May authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and such rigs shall not exceed a length of twenty-five (25) feet at the cork line, and shall prescribe the length at the lead line for each rig, net or try-trawl.

(o) Shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.

(p) Shall require all boats used under regulation of this chapter which are also used in waters of other states and required by such states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that such licensed boats are used within and without the territorial waters of Mississippi. Upon the issuance of such license, such licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized as such by the United States Coast Guard pursuant to 46 CFR 24-26 and 46 CFR 175-187, shall be deemed to be in the business of interstate transportation; however, this shall in no way affect the collection of other licenses and fees by the commission which would otherwise be due under this chapter.

Notwithstanding the provisions of this section, the commission shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter; the commission by regulation shall require the registration and inspection of such landings. The commission may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-29(f). This paragraph shall not be construed to supersede Section 49-15-71.

Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.

(q) Shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless such person, firm or corporation shall possess a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of such oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63.

(r) When an application for an original or renewal license of any kind authorized by this chapter is received by the commission, the commission shall determine whether the vessel or related equipment subject to such license is owned and operated in compliance with applicable federal and state laws; if it be determined that a vessel or its owner is not in compliance with such laws, then no license shall be issued or renewed for the operation of such vessel for a period of one (1) year. All licenses shall be made available for purchase at any building which is regularly operated by the department or commission on the Mississippi Gulf Coast.

(4) The commission shall keep and maintain an official ordinance book into which shall be copied all regulations promulgated by the commission under authority herein granted, and each regulation so promulgated shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by such regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication.

The commission shall promulgate all rules pertaining to this chapter in accordance with the Mississippi Administrative Procedures Law provided that all hearings required under the Mississippi Administrative Procedures Law concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties.

(5) The executive director of the department shall have printed an abstract copy of this chapter and all subsequent amendments thereto, as well as all regulations promulgated by the commission, and may distribute the same to all persons interested and desiring a copy thereof and to each licensee at the time of issuance of the license. New regulations and amendments to this chapter may be supplied to each licensee within a reasonable time after their promulgation. The department is authorized to charge a reasonable fee not to exceed actual cost for its publications.

(6) The commission is hereby specifically empowered and authorized to support projects in the nature of digging or constructing canals or ditches in order to bring additional water to existing oyster reefs or beds in need of same, or for the purpose of creating or establishing new oyster reefs or beds, and all reefs so created or established shall be deemed public reefs. The commission may expend such monies as it shall deem necessary and expedient in order to participate in the digging of such canals. The commission may also enter into interstate or intrastate efforts toward this end, and may seek and utilize aid from all federal, state and local sources in this endeavor. To aid in the construction of such canals or ditches, the commission may exercise the right of eminent domain in the manner provided by law on the subject.

(7) The commission may construct, operate and maintain an onshore, molluscan depuration facility using any federal or special funds, other than general funds, for the purpose of testing and proving depuration technology of oysters and other molluscan shellfish. In connection with the construction, operation and maintenance of the facility, the commission may contract with such persons as may be deemed necessary for the operation, testing, maintenance and evaluation of the facility subject to the approval of the State Personnel Board. The commission may locate the facility on any available public properties subject to the approval of the governing body thereof and all other applicable state laws; and once depuration technology has been tested and proven for oysters, the commission may conduct such other tests and experiments with oysters or other shellfish as may be necessary to enhance production or quality of shellfish.

(8) The commission may lease to political subdivisions of the State of Mississippi up to one thousand (1,000) acres of water bottoms for development of oyster reefs and such political subdivisions are authorized to permit residents of the State of Mississippi to harvest oysters from such reefs and charge and receive a fee for each sack of oysters so harvested. The commission shall consider and approve the application of a political subdivision after determining that (a) no conflicts exist with sites requested in applications filed prior to the application of the political subdivision, (b) a fair and reasonable rental payment has been set, and (c) such lease will insure the maximum culture and propagation of oysters.

(9) The commission shall promulgate regulations regarding the closing of oyster reefs which are determined to be contaminated or otherwise unfit for consumption; however, the waters of reefs closed under this chapter shall be tested between five (5) and ten (10) days after closure. When such testing indicates that the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice thereof may be made to parties in interest. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the commission acting through the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department pursuant to its statutory authority may limit the sale of oysters for human consumption; however, all matters concerning the harvesting of oysters shall be within the jurisdiction of the commission.

The commission shall establish a reasonable period of time for depuration of oysters replanted from contaminated waters. Such periods of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.

(10) (a) The commission shall provide that residents of other states bordering on the Gulf of Mexico who are applicants for a commercial fishing license of any type as provided for in this chapter shall pay the same fee or fees that a resident of this state pays in this state for such license if the respective applicant's domicile state does not charge a greater fee or fees for a Mississippi resident than for a resident of such other state to engage in a like activity in such other state; however, if such applicant's domicile state does charge a greater fee or fees for residents of Mississippi than for a resident of the applicant's domicile state, then such applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(b) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of such foreign states shall be required to pass.

(11) The commission shall provide by rule for the disposition of equipment or nets which have been lawfully seized by the commission and which are not sold pursuant to Section 49-15-65. The commission is authorized to destroy such property, in its discretion, and pursuant to rules adopted under this subsection.

(12) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.

(13) Prior to the issuance, modification or revocation of any rule, regulation or ordinance pertaining to marine resources, the commission shall hold a public hearing to obtain comments from the public on its proposed action.

SECTION 5. Section 49-15-29, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-29. (1) The commission is hereby authorized and directed to assess and collect, under its direction and subject to its regulation, the following licenses and taxes:

(a) Each vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, must annually, before beginning operations, be licensed by the commission and pay the following license fee: an annual license fee of Fifty Dollars ($50.00) on all vessels or boats utilized for tonging oysters, and One Hundred Dollars ($100.00) on all vessels or boats utilized for dredging oysters.

Each out-of-state vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, must annually, before beginning operations, be licensed by the commission and pay the following license fee: an annual license fee of One Hundred Dollars ($100.00) on all vessels or boats utilized for tonging oysters, and Two Hundred Dollars ($200.00) on all vessels or boats utilized for dredging oysters.

(b) All oysters harvested in the State of Mississippi shall be tagged. Tags shall be issued by the department and shall bear the catcher's name and the date and origin of the catch; the opposite side thereof shall bear the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record thereof.

(c) No person shall catch or take oysters from the waters of the State of Mississippi for personal use without having paid an annual recreational oyster permit fee of Ten Dollars ($10.00) and obtaining a permit therefor from the commission. Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in paragraph (b) for commercially harvested oysters.

(d) No person shall catch or take any saltwater crabs in the waters of the State of Mississippi for commercial purposes without having paid an annual resident license fee of Seventy-five Dollars ($75.00) or an annual nonresident license fee of Two Hundred Dollars ($200.00) on each boat used therefor, and obtaining a license therefor from the commission.

(e) All vessels to be used in catching or transporting fish for commercial purposes in such waters must, before beginning operations, obtain an annual license from the commission according to the following schedule:

The applicant therefor shall pay a fee of Twenty-five Dollars ($25.00) on boats used for commercial hook and line fishing, and a resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Three Hundred Dollars ($300.00) on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length. All vessels engaged in commercial hook and line fishing shall be issued a separate annual license by the commission at a fee of One Hundred Dollars ($100.00) and crew members shall not be subject to the additional licensing requirements outlined herein.

(f) Each person buying or handling seafood secured from commercial fishermen, or from other wholesale dealers, for the purpose of resale, whether handling on a commission basis or otherwise, and every resident person shipping seafood out of the State of Mississippi on consignment or order, except fishermen shipping their own catch, shall be considered a wholesale dealer and shall be required to pay a license fee in the sum of One Hundred Dollars ($100.00) per annum, such license to be issued by the commission. The privilege of a wholesaler shall also include the privilege of a retailer without additional license. Where seafoods are sold at retail in grocery stores and meat markets which pay a city, county or state privilege license for such operation, such grocery stores and meat markets shall not be liable for the payment of the tax above levied.

(g) Each factory or manufacturing establishment to engage in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, the sum of Five Hundred Dollars ($500.00).

On each boat or vessel to engage in catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00).

On each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi, the sum of Fifty Dollars ($50.00).

(h) Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat so engaged in such operation. Such operations shall not exceed two (2) boats per license.

(i) Each "live bait dealer" desiring to be engaged in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of his "live bait catcher boat," the name of the captain of his "live bait catcher boat," his Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers cannot operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or

dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this paragraph, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a "live bait dealer" license must contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road and navigable waters. Applications for "live bait dealers" license must be completed and submitted to the commission between the first day of January and the last day of April of each year. Any "live bait dealer" desiring to engage in the catching of live shrimp in one location and then transporting them to his licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to any and all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after such verification the commission shall issue a permit authorizing the transportation of live shrimp.

(j) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license at the following rates:

Boats or vessels under thirty (30) feet in length, overall measurements; resident license Fifty Dollars ($50.00), nonresident license One Hundred Dollars ($100.00).

Boats or vessels thirty (30) to forty-five (45) feet in length, overall measurements; resident license Seventy-five Dollars ($75.00), nonresident license One Hundred Fifty Dollars ($150.00).

Boats or vessels over forty-five (45) feet in length, overall measurements; resident license One Hundred Dollars ($100.00), nonresident license Two Hundred Dollars ($200.00).

(k) Any factory or person engaged in the canning, processing, freezing, drying or shipping of oysters, fish, saltwater crabs or saltwater shrimp shall be considered a seafood processor and shall pay an annual privilege tax of Two Hundred Dollars ($200.00) and shall receive from the commission a license therefor upon the payment of such sum to the commission and it is unlawful for any factory or person to engage in the herein specified activities without first having obtained such license. The privilege of a processor shall also include the privileges of a wholesaler without additional license. Such privilege tax license shall be nontransferable and a license shall be required for each factory or place of business. This license shall not apply to, nor shall the payment of the annual privilege tax of Two Hundred Dollars ($200.00) be due by, a dealer in fresh seafoods who merely preserves the same for future sale to prevent spoilage and is in competition with other retailers who are not required to pay this tax.

(l) On each boat engaged in operations outlined in Section 49-15-15(3)(p), an annual license fee of Twenty Dollars ($20.00).

(m) Each recreational vessel that engages in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).

(2) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing, drying or as bait shall register the name of the captain of the vessel at the time that the vessel obtains the annual privilege license provided for in this section. The individual registered as the captain of the vessel may be substituted after notification to and the approval of the deputy director or his designated representative. The captain shall purchase a license title "captain license." This license shall be purchased at the same time the vessel license is purchased. The fee for a captain license shall be a minimum of Ten Dollars ($10.00).

(3) Any nonresident who applies for a commercial fishing license of any type as provided for in this section shall be subjected to the herein prescribed fee or fees, provided, however, that if such nonresident's domicile state charges a greater fee or fees to a Mississippi resident for like activity, then such nonresident shall be subjected to the fee or fees that a Mississippi resident would pay in such nonresident's state of domicile for engaging in like activity. Nonresident licenses must be purchased at any building which is regularly operated by the department on the Mississippi Gulf Coast. From and after September 15, 1994, no nonresident shall be issued a commercial fishing license under this section for the taking of fish or saltwater shrimp using any type of net if such nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.

(4) All commercial licenses provided for under this section that relate to the taking of seafood shall be purchased from May 1 through April 30 at the fees herein provided. Such licenses shall expire on April 30 following the date of issuance.

(5) The commission may designate such persons, other than a salaried employee of the state, who may be authorized to issue any license under this section which the commission deems appropriate. Such persons so authorized shall have the power and authority to collect and retain for issuance of such license the sum of One Dollar ($1.00) in addition to the license fee as provided herein. The commission shall establish the qualifications of persons authorized to issue licenses under this section and shall also establish the procedure for the issuance of such licenses by such authorized persons and the procedure for collection of license fees by and from such authorized persons.

[From and after March 1, 1998, this section shall read as follows:]

49-15-29. (1) The commission is hereby authorized and directed to assess and collect, under its direction and subject to its regulation, the following licenses and taxes:

(a) Each vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, must annually, before beginning operations, be licensed by the commission and pay the following license fee: an annual license fee of Fifty Dollars ($50.00) on all vessels or boats utilized for tonging oysters, and One Hundred Dollars ($100.00) on all vessels or boats utilized for dredging oysters.

Each out-of-state vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, must annually, before beginning operations, be licensed by the commission and pay the following license fee: an annual license fee of One Hundred Dollars ($100.00) on all vessels or boats utilized for tonging oysters, and Two Hundred Dollars ($200.00) on all vessels or boats utilized for dredging oysters.

(b) All oysters harvested in the State of Mississippi shall be tagged. Tags shall be issued by the department and shall bear the catcher's name and the date and origin of the catch; the opposite side thereof shall bear the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record thereof.

(c) No person shall catch or take oysters from the waters of the State of Mississippi for personal use without having paid an annual recreational oyster permit fee of Ten Dollars ($10.00) and obtaining a permit therefor from the commission. Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in paragraph (b) for commercially harvested oysters.

(d) No person shall catch or take any saltwater crabs in the waters of the State of Mississippi for commercial purposes without having paid an annual resident license fee of Seventy-five Dollars ($75.00) or an annual nonresident license fee of Two Hundred Dollars ($200.00) on each boat used therefor, and obtaining a license therefor from the commission.

(e) All vessels to be used in catching or transporting fish for commercial purposes in such waters must, before beginning operations, obtain an annual license from the commission according to the following schedule:

The applicant therefor shall pay a fee of Twenty-five Dollars ($25.00) on boats used for commercial hook and line fishing, and a resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Three Hundred Dollars ($300.00) on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length. All vessels engaged in commercial hook and line fishing shall be issued a separate annual license by the commission at a fee of One Hundred Dollars ($100.00) and crew members shall not be subject to the additional licensing requirements outlined herein.

(f) Each person buying or handling seafood secured from commercial fishermen, or from other wholesale dealers, for the purpose of resale, whether handling on a commission basis or otherwise, and every resident person shipping seafood out of the State of Mississippi on consignment or order, except fishermen shipping their own catch, shall be considered a wholesale dealer and shall be required to pay a license fee in the sum of One Hundred Dollars ($100.00) per annum, such license to be issued by the commission. The privilege of a wholesaler shall also include the privilege of a retailer without additional license. Where seafoods are sold at retail in grocery stores and meat markets which pay a city, county or state privilege license for such operation, such grocery stores and meat markets shall not be liable for the payment of the tax above levied.

(g) Each factory or manufacturing establishment to engage in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, the sum of Five Hundred Dollars ($500.00).

On each boat or vessel to engage in catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00).

On each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi, the sum of Fifty Dollars ($50.00).

(h) Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat so engaged in such operation. Such operations shall not exceed two (2) boats per license.

(i) Each "live bait dealer" desiring to be engaged in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of his "live bait catcher boat," the name of the captain of his "live bait catcher boat," his Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers cannot operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or

dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this paragraph, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a "live bait dealer" license must contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road and navigable waters. Applications for "live bait dealers" license must be completed and submitted to the commission between the first day of January and the last day of April of each year. Any "live bait dealer" desiring to engage in the catching of live shrimp in one location and then transporting them to his licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to any and all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after such verification the commission shall issue a permit authorizing the transportation of live shrimp.

(j) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license at the following rates:

Boats or vessels under thirty (30) feet in length, overall measurements; resident license Fifty Dollars ($50.00), nonresident license One Hundred Dollars ($100.00).

Boats or vessels thirty (30) to forty-five (45) feet in length, overall measurements; resident license Seventy-five Dollars ($75.00), nonresident license One Hundred Fifty Dollars ($150.00).

Boats or vessels over forty-five (45) feet in length, overall measurements; resident license One Hundred Dollars ($100.00), nonresident license Two Hundred Dollars ($200.00).

(k) Any factory or person engaged in the canning, processing, freezing, drying or shipping of oysters, fish, saltwater crabs or saltwater shrimp shall be considered a seafood processor and shall pay an annual privilege tax of Two Hundred Dollars ($200.00) and shall receive from the commission a license therefor upon the payment of such sum to the commission and it is unlawful for any factory or person to engage in the herein specified activities without first having obtained such license. The privilege of a processor shall also include the privileges of a wholesaler without additional license. Such privilege tax license shall be nontransferable and a license shall be required for each factory or place of business. This license shall not apply to, nor shall the payment of the annual privilege tax of Two Hundred Dollars ($200.00) be due by, a dealer in fresh seafoods who merely preserves the same for future sale to prevent spoilage and is in competition with other retailers who are not required to pay this tax.

(l) On each boat engaged in operations outlined in Section 49-15-15(3)(p), an annual license fee of Twenty Dollars ($20.00).

(m) Each recreational vessel that engages in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).

(2) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing, drying or as bait shall register the name of the captain of the vessel at the time that the vessel obtains the annual privilege license provided for in this section. The individual registered as the captain of the vessel may be substituted after notification to and the approval of the deputy director or his designated representative. The captain shall purchase a license title "captain license." This license shall be purchased at the same time the vessel license is purchased. The fee for a captain license shall be a minimum of Ten Dollars ($10.00).

(3) Any nonresident who applies for a commercial fishing license of any type as provided for in this section shall be subjected to the herein prescribed fee or fees, provided, however, that if such nonresident's domicile state charges a greater fee or fees to a Mississippi resident for like activity, then such nonresident shall be subjected to the fee or fees that a Mississippi resident would pay in such nonresident's state of domicile for engaging in like activity. Nonresident licenses must be purchased at any building which is regularly operated by the department on the Mississippi Gulf Coast. From and after September 15, 1994, no nonresident shall be issued a commercial fishing license under this section for the taking of fish or saltwater shrimp using any type of net if such nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.

(4) All commercial licenses provided for under this section that relate to the taking of seafood shall be purchased from May 1 through April 30 at the fees herein provided. Such licenses shall expire on April 30 following the date of issuance.

(5) The commission may designate such persons, other than a salaried employee of the state, who may be authorized to issue any license under this section which the commission deems appropriate. Such persons so authorized shall have the power and authority to collect and retain for issuance of such license the sum of One Dollar ($1.00) in addition to the license fee as provided herein. The commission shall establish the qualifications of persons authorized to issue licenses under this section and shall also establish the procedure for the issuance of such licenses by such authorized persons and the procedure for collection of license fees by and from such authorized persons.

(6) Nothing in this section shall be construed to authorize the use of gill nets or trammel nets in the marine waters under the territorial jurisdiction of the State of Mississippi.

SECTION 6. Section 49-15-79, Mississippi Code of 1972, is amended as follows:

[Through February 28, 1998, this section shall read as follows:]

49-15-79. (1) It is unlawful for any person, firm or corporation to use or attempt to use a purse seine for the taking of fish or to have such seine in the water within one (1) mile of the shoreline of the Counties of Hancock or Harrison in the State of Mississippi. The Boards of Supervisors of Hancock, Harrison and Jackson Counties shall have the authority to submit proposed regulations to the commission to regulate within their respective counties the use of gill nets and trammel nets. The commission may consider all such proposals submitted by the boards of supervisors in formulating regulations to be promulgated under this section.

(2) A person, firm or corporation convicted of a violation of this section or regulations promulgated under this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972.

[From and after March 1, 1998, this section shall read as follows:]

49-15-79. (1) It is unlawful for any person, firm or corporation to use or attempt to use a purse seine for the taking of fish or to have such seine in the water within one (1) mile of the shoreline of the Counties of Hancock or Harrison in the State of Mississippi. * * *

(2) A person, firm or corporation convicted of a violation of this section or regulations promulgated under this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972.

SECTION 7. This act shall take effect and be in force from and after July 1, 1997.