MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Conservation and Water Resources

By: Representative Compretta

AN ACT TO AMEND SECTION 49-15-29, MISSISSIPPI CODE OF 1972, TO IMPOSE A FIFTEEN CENT TAX ON EVERY SACK OF OYSTERS CAUGHT FOR COMMERCIAL AND RECREATIONAL USE TO BE USED ONLY FOR THE REPLENISHMENT OF SHELLS TO THE OYSTER REEFS IN MISSISSIPPI; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 49-15-29, Mississippi Code of 1972, is amended as follows:

49-15-29. (1) The commission shall assess and collect, license fees and taxes as authorized under this chapter.

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

(3) 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 that license is owned and operated in compliance with applicable federal and state laws. If the commission determines that a vessel or its owner is not in compliance with applicable federal and state laws, then no license shall be issued or renewed for the operation of that 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 may authorize any person, other than a salaried employee of the state to issue any license under this chapter which the commission deems appropriate. The authorized person may collect and retain for issuance of the license the sum of One Dollar ($1.00) in addition to the license fee provided in this chapter. 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 that license by the authorized person and the procedure for collection of license fees by and from the authorized person.

(5) The commission shall assess and collect a Fifteen Cents (154) tax on every sack of oysters caught for commercial, recreational or personal use. Funds collected pursuant to this tax shall be used only for the replenishment of shells on the public reefs of the state.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.