MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Marine Resources

By: Representative Frierson, Read, Janus

House Bill 671

(COMMITTEE SUBSTITUTE)

AN ACT TO REGULATE THE BAG LIMIT FOR CERTAIN SPECIES OF FISH; TO PROVIDE PENALTIES FOR VIOLATIONS OF THE REGULATIONS; TO DESCRIBE WHO SHALL BE JOINTLY AND SEVERALLY LIABLE FOR THE IMPOSED PENALTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  It is unlawful for any recreational fisherman to catch, take, possess or land below minimum legal size or over creel limit red snapper (Lutjanus campechanus), misty grouper (Epinephelus mystacinus), snowy grouper (Epinephelus niveatus), yellowedge grouper (Epinephelus flavolimbatus), red grouper (Epinephelus morio), black grouper (Mycteroperca bonaci), gag grouper (Mycteroperca microlepis), scamp (Mycteroperca phenax), yellowmouth (Mycteroperca interstitialis), rock hind (Epinephalus adscensionis), and red hind (Epinephalus guttatus), as established by regulations promulgated by the commission.

     (2)  Any recreational fisherman who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of Two Hundred Fifty Dollars ($250.00) for one (1) fish possessed in violation of this section or commission ordinance, and fined Five Hundred Dollars ($500.00) for every fish over one (1) possessed in violation of this section.

     (3)  Any recreational fisherman who violates the provisions of this section or commission ordinance is guilty of a misdemeanor and shall be fined in the amount of Two Hundred Fifty Dollars ($250.00) for one (1) fillet of any species, and fined Five Hundred Dollars ($500.00) for every fillet over one (1) of any species, except as provided in Section 49-15-319.  For purposes of this chapter, fillet is defined as any piece or slice of fish.

     (4)  The master and owner of any vessel upon which any fish or fillet is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

     (5)  The fine imposed upon any recreational fisherman or other person convicted under this section shall not be suspended or reduced.  This section applies only to recreational fishermen, whether licensed or not, and does not apply to commercial fishermen.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.