MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Conservation and Water Resources

By: Representative McBride

AN ACT TO AMEND SECTION 49-15-39, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR DREDGING OYSTERS IN FROM AREAS DESIGNATED AS TONGING REEFS; TO AMEND SECTION 49-15-63, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 49-15-39, Mississippi Code of 1972, is amended as follows:

49-15-39. (1) It is unlawful for any person to catch or take oysters by means of dredging in any of the waters designated as tonging reefs by the commission.

(2) The commission shall designate certain areas as tonging reefs. The commission shall mark the boundaries of the areas designated by appropriate poles, stakes or buoys of material that will not injure watercraft, and the boundaries, when designated by the commission, shall be final unless shown to be incorrect by a proceeding which may be brought by any person interested in the chancery court of the county adjacent to the area.

(3) If any boat or vessel catches or takes oysters by means of dredges, drags or scoops, other than hand tongs, from any of the areas described in this section, or with a dredge or dredges in the water, then all oysters on board the boat or vessel are hereby declared to be contraband and shall be taken and confiscated by the department or any marine law enforcement officer without court procedure. The captain and crew of the boat or vessel, promptly upon being ordered so to do, shall transport the oysters to a point on the public reefs of the state where the boat or vessel is found and there scatter the oysters according to the instructions of the enforcement officers.

(4) Any person who violates this section shall be punished, upon conviction, by a fine of not less than Three Hundred Dollars ($300.00), nor more than One Thousand Five Hundred Dollars ($1,500.00), for the first offense; and not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Three Thousand Dollars ($3,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Six Thousand Dollars ($6,000.00), nor more than Twelve Thousand Dollars ($12,000.00), or imprisonment in the county jail for a period not exceeding ninety (90) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense and also upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall be issued to such person or for the boat to engage in catching or taking of any seafood from the water of the State of Mississippi for a period of one (1) year following such conviction.

SECTION 2. Section 49-15-63, Mississippi Code of 1972, is amended as follows:

49-15-63. (1) Except as otherwise provided in Section 49-15-39, any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the commission, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense and also upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall be issued to such person or for said boat to engage in catching or taking of any seafood from the waters of the State of Mississippi for a period of one (1) year following such conviction. Forfeiture of any equipment or nets used in a second or subsequent offense may be instituted pursuant to Sections 49-7-251 through 49-7-257. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated. Equipment as used in this section shall not mean boats or vessels. Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for suspension or other reduction of sentence. Except as provided under subsection (5) of Section 49-15-45, any fines collected under this section shall be paid into the Seafood Fund.

(2) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.