1998 Regular Session
To: Conservation and Water Resources
By: Representatives Barnett (116th), Ishee, Janus, Johnson, Read, Saucier, Simpson
House Bill 1128
AN ACT TO AMEND SECTION 49-15-3, MISSISSIPPI CODE OF 1972, TO PROVIDE A DEFINITION, WITHIN THE CHAPTER OF LAW REGULATING SEAFOOD, FOR "TRAMMEL NET," "PURSE SEINE," "SEINE," "GILL NET," "BAG LIMITS," "RECREATIONAL FISHERMAN," "COMMERCIAL FISHERMAN," "ROE MULLET SEASON," AND "FOOD FISH"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-3, Mississippi Code of 1972, is amended as follows:
49-15-3. As used in this chapter, the term:
(a) "Commission" means the Mississippi Commission on Marine Resources.
(b) "Department" means the Department of Marine Resources.
(c) "Domicile" means a person's principal or primary place of abode in which a person's habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile in the State of Mississippi shall be on the person claiming that status. A person holding a current driver's license shall be deemed to be domiciled within the state issuing the license. If a person does not hold a current driver's license the following evidence may be considered in establishing, but is not necessarily determinative of domicile: residence for income or other tax purposes, homestead exemption receipt or other means prescribed by the commission. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile.
(d) "Game fish" means cobia, also known as ling or lemonfish (rachycentron canadum). The cobia is classified as game fish.
(e) "Illegal oysters" means:
(i) All untagged shell stock;
(ii) Shell oysters obtained from uncertified shops or dealers or from an unlicensed catcher;
(iii) Oysters obtained from waters not declared safe and sanitary by the department, except those oysters caught by the commission for re-laying or under private leases pursuant to Section 49-15-27;
(iv) Shucked oysters obtained from uncertified shops or repackers.
(f) "Inspector" means the chief inspector, the assistant chief inspector or any deputy inspector employed by the Department of Wildlife, Fisheries and Parks.
(g) "Natural reefs" means any bottom under the jurisdiction of the commission of one or more acres on which oysters grow naturally, or have grown naturally, in a quantity sufficient to warrant commercial fishing as a means of livelihood, or have been used in such a manner within a period of ten (10) years next preceding the time the bottoms may come up for determination by the commission.
(h) "Resident" means a person, firm or corporation that is domiciled in this state.
(i) "Seafood" means all oysters, saltwater fish, saltwater shrimp, diamondback terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi.
(j) "Tonging reefs" means any bottom under the jurisdiction of the commission designated by the commission as an area in which oysters may only be taken by use of hand tongs.
(k) "Trammel net" means a kind of fishing net consisting of layers of netting material attached to one or more float lines or one or more weighted bottom lines, with the layers of netting being constructed of fine mesh and of coarse mesh so that a fish attempting to pass through the net pushes a layer of fine mesh through a layer of coarse mesh creating a pocket or compartment in which the fish is entrapped, entangled or restricted.
(l) "Purse seine" means a kind of fishing net that can be pursed or closed by means of a drawstring or other device that can be drawn to close the bottom of the net, or the top of the net, or both, with the mesh being of such size and design that the net may not be used primarily to entangle commercial-sized fish by the gill or other bony projection.
(m) "Seine" means a kind of fishing net used to enclose or entrap fish either in a bag or in a manner where its ends are pulled together, with the mesh being of such size and design that the net may not be used primarily to entangle commercial-sized fish by the gill or other boney projection.
(n) "Gill net" means a kind of fishing net, consisting of one or more layers, with a mesh of such size and design that the net may be used primarily to catch or entangle fish by the gills or other boney projections, and which is not used customarily for shrimp or menhaden fishing.
(o) "Bag limits" means the total number of a particular species, or species in the aggregate, that a person can possess legally for a single day's fishing catch.
(p) "Recreational fisherman" means a person who catches or takes finfish or shellfish for recreation and/or personal consumption, and who does not offer, sell, trade, barter or otherwise exchange any fish or shellfish for monetary or personal gain.
(q) "Commercial fisherman" means a person who offers, sells, trades, barters or otherwise exchanges any fish or shellfish for monetary or personal gain.
(r) "Roe mullet season" means the time starting on October 15 and continuing through December 15 of each year, during which roe mullet may be taken.
(s) "Food fish" means all fish customarily used for human consumption.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.