MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

House Bill 1320

(As Passed the House)

AN ACT TO CREATE A NEW CODE SECTION THAT PROHIBITS CERTAIN BOATS FROM BEING OPERATED IN COASTAL PRESERVES; TO CREATE A NEW CODE SECTION THAT RESTRICTS THE OPERATION OF UNMUFFLED AIRBOATS, PROVIDES THAT MUFFLED AIRBOATS CAN ONLY BE OPERATED IN COMMON AREAS AND PROHIBITS CERTAIN BOATS FROM BEING OPERATED IN COASTAL PRESERVES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It shall be unlawful for any person to operate airboats, aircraft, personal watercraft, hover craft or marsh buggies on any publicly owned and managed vegetated wetlands inside the coastal preserves.

(2) It shall be unlawful for any person to operate an unmuffled airboat producing sounds that can be heard five hundred (500) feet or more from the shore on any of the waters of this state, unless being operated to request emergency assistance or to warn of a hazardous situation.

(3) A muffled airboat that is producing sounds that can be heard three hundred (300) feet or more from the shore can only operate in the common areas of this state.

(4) It shall be unlawful for any person to operate airboats, aircraft, personal watercraft, hover craft or marsh buggies on any publicly owned and managed vegetated wetlands inside the coastal preserves.

(5) As used in this section, the following terms shall have the meanings ascribed in this subsection:

(a) "Common areas" mean navigable waters of this state.

(b) "Operate" means to navigate or otherwise use a motorboat or vessel.

(c) "Personal watercraft" means a vessel having an inboard motor that powers a water jet pump as the primary source of propulsion and is designed to be operated by a person sitting, standing, kneeling on, or being towed behind the vessel.

(d) "Waters of this state" mean any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of the state; however, "waters of this state" does not mean any private pond or lake which is not used for boat rentals or the charging of fees for fishing therein.

(6) A person violating this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less that One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

SECTION 2. Section 1 of this act shall be codified in Chapter 27, Title 49, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.