MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ports and Marine Resources

By: Senator(s) Moffatt

Senate Bill 2115

(As Passed the Senate)

AN ACT TO REVISE THE PENALTIES FOR THE USE OF ILLEGAL NETS IN MARINE WATERS; TO PROVIDE UNIFORM PENALTIES FOR SIMILAR VIOLATIONS; TO AMEND SECTIONS 49-15-77, 49-15-79 AND 49-15-315, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROHIBIT THE USE OF GILL NETS WITHIN A CERTAIN DISTANCE OF THE SHORELINE; TO AMEND SECTIONS 49-15-77 AND 49-15-79, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 49-15-77, Mississippi Code of 1972, is amended as follows:

49-15-77. (1) It is unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any * * * 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 49-15-100(2), Mississippi Code of 1972.

SECTION 2. Section 49-15-79, Mississippi Code of 1972, is amended 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 County 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  * * * 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 by the penalties provided in Section 49-15-100(2), Mississippi Code of 1972.

SECTION 3. Section 49-15-315, Mississippi Code of 1972, is amended as follows:

49-15-315. (1) It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the Pascagoula River System north of the CSX Railroad in Jackson County, Mississippi, except for the following:

(a) A person may take any euryhaline species of minnow; and

(b) A person may take live bait shrimp between the hours of sunrise and sunset on Friday, Saturday and Sunday in the West Pascagoula River System when opened by the department after sampling studies.

(2) A person may take live bait shrimp between the hours of sunrise and 12:00 noon in the Back Bay of Biloxi when opened by the department after sampling studies.

(3) The Gulf Coast Research Laboratory shall study all estuaries and bays deemed to be nurseries. The Gulf Coast Research Laboratory may recommend the establishment of nursery grounds in the estuaries and bays if necessary to protect the state's fishing resources.

(4) The department shall set the limits on all catches for noncommercial use.

(5) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2), or imprisoned not more than three (3) months, or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund.

SECTION 4. (1) It is unlawful for a person to use a gill net for the taking of fish in marine waters within one-half (1/2) mile of the shoreline.

(2) A violation of this section is punishable by the penalties provided in Section 49-15-100, Mississippi Code of 1972.

SECTION 5. This act shall take effect and be in force from and after July 1, 1997.