MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representatives Bowles, Clarke, Frierson, Horne, Stevens

AN ACT TO AMEND SECTION 49-15-29, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT RENEWALS OF FISHING VESSEL LICENSES BE MADE EFFECTIVE 30 DAYS AFTER THE EXPIRATION OF THE CURRENT LICENSE IN CASES WHERE THE CAPTAIN OR CAPTAINS OF SUCH VESSEL WERE FOUND GUILTY OF VIOLATING FISHING LAWS OR REGULATIONS THREE OR MORE TIMES IN THE 12 MONTHS PRECEDING THE APPLICATION FOR A RENEWAL; TO AMEND SECTION 49-15-80, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 49-15-38, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF MARINE RESOURCES TO SET THE AMOUNT OF SHELLS IT INTENDS TO USE TO RESTORE OYSTER REEFS ON AN ANNUAL BASIS, AND TO ALLOW THE SALE OF UNNECESSARY SHELLS BY OYSTER PROCESSORS, FACTORIES AND DEALERS; TO AMEND SECTION 49-15-64, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR COMMERCIAL SHRIMPING DURING CLOSED SEASON TO A FINE OF NOT LESS THAN $1,000.00 NOR MORE THAN $2,000.00; 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) In any case in which the commission determines that a vessel has been captained by a person or persons who have been found guilty of violating provisions of this chapter, or any commission regulations, three (3) or more times in the twelve (12) months immediately preceding the application for renewal of a license, the commission shall grant a license with an effective date of thirty (30) days after the expiration of the current license of the vessel.

SECTION 2. Section 49-15-38, Mississippi Code of 1972, is amended as follows:

49-15-38. (1) (a) Unless otherwise permitted by the commission, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the public reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.

(b) The commission may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections in the enforcement of regulations under this chapter.

(2) The commission shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters. Except as provided in this section, all oyster shells produced from oysters taken from the public reefs of the State of Mississippi are the nontransferable property of the State of Mississippi, and all persons, firms or corporations dealing in or canning oysters taken from the public reefs of the state shall deliver to the commission all oyster shells taken or processed by that person, firm or corporation. The delivery of the oyster shells shall be at the place of business of the oyster processor, dealer or factory. The commission shall order the delivered oyster shells to be spread on the public reefs of this state to improve the oyster beds.

(3) Any person failing or refusing to deliver the shells or pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells they fail or refuse to deliver, or to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter. Any person who fails to remit to the department the proper monthly payment for the sale of shells shall be guilty of a misdemeanor and shall be fined an amount of not more than Five Hundred Dollars ($500.00).

(4) The collection and planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. Planting and replanting of oyster shells shall be coordinated by the Gulf Coast Research Laboratory. The governing authorities of each county and municipality bordering upon the Mississippi Sound may assist the commission and the Gulf Coast Research Laboratory in the planting and replanting of oyster shells. The commission shall construe this section to require the return of a maximum amount of shells to the reefs, and shall allow the retention of shells only in cases where the collection or return of the shells is impractical or not feasible.

(5) By June 1 of each year, the Department of Marine Resources shall notify all interested parties by a newspaper of general circulation on the Mississippi Gulf Coast of the total percentage of oyster shells from the upcoming fiscal year's catch it intends to return to the oyster reefs in the upcoming fiscal year. Further, the department shall convert this percentage to an estimated number based on the previous year's catch and inform all processors, factories and dealers of the number of shells each must deliver to the department during the upcoming fiscal year. All dealers, factories and processors may sell the remainder of shells into which they come into possession, but shall remit to the Department of Marine Resources an amount equal to fifty percent (50%) of the sale price for such shells. Remittances shall be made to the department at the end of each month. The department may audit the records of any dealer, factory or processor to insure compliance with this section.

SECTION 3. Section 49-15-64, Mississippi Code of 1972, is amended as follows:

49-15-64. Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00).

Upon an arrest for a violation of this section, catch and nets may be confiscated. Any catch may be sold by the law enforcement agency making the arrest at the average wholesale price being paid for shrimp. The monies derived from the sale shall be held in escrow pending disposition of the charge. If a conviction is obtained, the monies held in escrow shall be forfeited. The monies so forfeited shall be paid to the department, to be paid into the seafood fund. If the operator, firm or corporation is acquitted of the charge or if the charge is dismissed, then the monies obtained from the sale shall be paid to the proper operator, firm or corporation. Forfeiture of confiscated nets and paraphernalia shall 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.

The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.

The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.

SECTION 4. 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 One Hundred Dollars ($100.00) or a nonresident fee of Three Hundred Dollars ($300.00) on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length.

(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 engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) 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.

(4) All vessel licenses shall be issued and renewed in conformity with the provisions of this section and Section 49-15-29.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.