MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Conservation and Water Resources

By: Representatives Barnett (116th), Janus, Read, Saucier, Simpson

AN ACT TO AMEND SECTION 49-15-80, MISSISSIPPI CODE OF 1972, TO INCREASE THE RESIDENT FEE FOR A COMMERCIAL FISHING BOAT USING TRAMMEL NETS, GILL NETS OR SEINES FROM $100.00 TO $600.00; TO PROVIDE THAT THE NONRESIDENT FEE FOR A COMMERCIAL FISHING BOAT USING SUCH NETS SHALL BE DETERMINED BY COMPARING THE RECIPROCAL FEE ASSESSED IN THE STATE TO WHICH OWNERSHIP OF THE BOAT IS ASCRIBED; TO BRING FORWARD SECTION 49-15-30, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE FEES PAID BY NONRESIDENT APPLICANTS FOR A COMMERCIAL FISHING LICENSE OF ANY TYPE, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 49-15-34, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE LICENSE AND FEE REQUIREMENTS FOR BOATS USED IN OTHER STATES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 

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

SECTION 15. Section 49-15-80, Mississippi Code of 1972, is amended as follows:

49-15-80. (1) (a) All vessels to be used in catching or transporting fish in the waters of the State of Mississippi for commercial purposes shall, before beginning operations, obtain an annual license from the commission and pay a license fee according to the following schedule:

(i) Twenty-five Dollars ($25.00) on boats used for commercial hook and line fishing. 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 in this section.

(ii) A resident fee of Six Hundred Dollars ($600.00) * * * on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length. Nonresident fees shall be determined by Section 49-15-30(2).

(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of fish using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.

(2) Each factory or manufacturing establishment engaging in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, shall pay a license fee of Five Hundred Dollars ($500.00).

(3) Each boat or vessel owned by a Mississippi resident engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of Six Hundred Dollars ($600.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi. Fees paid on behalf of a boat or vessel owned by a nonresident shall be determined in accordance with Section 49-15-30(2).

SECTION 2. Section 49-15-30, Mississippi Code of 1972, is brought forward as follows:

49-15-30. (1) The commission may promulgate rules and regulations for nonresident permits in order to promote reciprocal agreements with other states.

(2) 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 that 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 any other state to engage in a like activity in the other state. If the 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 that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(3) 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.

SECTION 3. Section 49-15-34, Mississippi Code of 1972, is brought forward as follows:

49-15-34. (1) The commission shall require all boats used under regulation of this chapter which are also used in waters of other states and required by those 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 the licensed boats are used within and without the territorial waters of Mississippi. Upon the issuance of that license, the licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized by the United States Coast Guard under 46 CFR Sections 24-26 and 46 CFR Sections 175-187, shall be deemed to be in the business of interstate transportation, but this shall in no way affect the collection of other licenses and fees by the commission which would otherwise be due under this chapter. The commission shall assess and collect an annual license fee of Twenty Dollars ($20.00) on each boat engaged in operations under this subsection.

(2) Notwithstanding the provisions of this chapter, 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 those landings. The commission may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-28(1). This subsection shall not be construed to supersede Section 49-15-71.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.