HB0827_S_Cmte_Amend

SECTION 1. Section 49-15-11, Mississippi Code of 1972, is amended as follows:

49-15-11. (1) The Mississippi Department of Marine Resources is hereby established and full power is vested in the department to manage, control, supervise, enforce and direct any matters pertaining to saltwater aquatic life and marine resources under the jurisdiction of the commission.

(2) The Executive Director of the Department of Marine Resources shall have the authority to internally reorganize the Department of Marine Resources. For a period of six (6) months after April 16, 2014, the personnel actions of the executive director shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive director flexibility in making an orderly, effective and timely reorganization of the Department of Marine Resources.

(3) The department shall be composed of the following offices:

(a) Office of Coastal Resources Management;

(b) Office of Finance and Administration;

(d) Office of Marine Patrol; and

(e) Office of Coastal Restoration and Resiliency.

Each office shall be composed of the administrative units as set forth in the reorganization plan developed by the executive director.

(4) The following agency personnel shall be appointed by the executive director:

(a) Chief Financial Officer who shall have a minimum of a Master's degree in Business Administration, Accounting or related field and a minimum of five (5) years' experience in business management or accounting practice or who shall be a Certified Public Accountant.

(b) Chief of Marine Patrol who shall be a certified law enforcement officer with a minimum of ten (10) years of law enforcement experience.

(c) Chief Scientific Officer who shall have a minimum of a Master's degree in Coastal Sciences or related field with a minimum of five (5) years of experience in coastal resource management or equivalent experience.

(5) The executive director shall have an annual audit of the department, including the accounts established in Section 49-15-17, performed by an independent certified public accountant and shall file the audit report with the commission, the Chairman of the Senate Ports and Marine Resources Committee, the Chairman of the House Marine Resources Committee, the State Auditor and the Legislative Budget Office.

(6) Whenever the terms "Mississippi Marine Conservation Commission," "Marine Conservation Commission," "Bureau of Marine Resources" and "Mississippi Marine Resources Council" appear in any state law, they shall mean the "Mississippi Advisory Commission on Marine Resources * * *." ," which shall operate only as an advisory commission to the Department of Marine Resources.

SECTION 2. Section 49-15-301, Mississippi Code of 1972, is amended as follows:

49-15-301. (1) The Mississippi Advisory Commission on Marine Resources is hereby established and full power is vested in the advisory commission to * * * ~~regulate~~ advise the Executive Director of the Department of Marine Resources on all matters pertaining to all saltwater aquatic life and marine resources. The advisory commission shall * * * ~~administer~~ advise the Executive Director of the Department of Marine Resources on the administration of the Coastal Wetlands Protection Law and the Public Trust Tidelands Act. * * * ~~The power and duties of the~~ Notwithstanding any other provision of law to the contrary, the commission shall only be * * * ~~exercised through~~ an advisory commission to the Department of Marine Resources and shall not have independent authority to take official action on behalf of the Mississippi Department of Marine Resources and its actions are purely advisory in nature. Whenever the terms "Mississippi Commission on Marine Resources," "Commission on Marine Resources" and "commission" when referring to the Mississippi Commission on Marine Resources appear in any state law, they shall mean the "Mississippi Advisory Commission on Marine Resources."

(2) * * * The reconstituted Mississippi Advisory Commission on Marine Resources shall consist of five (5) members to be appointed as follows:

(a) The Governor shall appoint five (5) members who shall be residents of Jackson, Harrison and Hancock Counties with the advice and consent of the Senate. The Governor shall appoint at least one (1) member from each county but not more than two (2) members from any one (1) county. The members designated in subparagraphs (i), (ii) and (iv) must be a resident of the county where the business he is appointed to represent is located.

(b) The advisory commission shall be composed as follows:

(i) One (1) member shall be a commercial seafood processor.

(ii) One (1) member shall be a commercial fisherman.

(iii) One (1) member shall be a recreational sports fisherman.

(iv) One (1) member shall be a charter boat operator.

(v) One (1) member shall be a member of an incorporated nonprofit environmental organization.

(c) Of the initial members appointed by the Governor, the members designated in subparagraphs (i),(ii) and (iii) shall serve for an initial term of two (2) years and one (1) member shall be appointed from each county. The members designated in subparagraphs (iv) and (v) shall serve an initial term of four (4) years. All terms after the initial terms shall be for a period of four (4) years.

(d) Any vacancy in the office of an appointed member of the advisory commission shall be filled by appointment by the Governor for the balance of the unexpired term.

(3) Each member shall have a demonstrated history of involvement in the matter of jurisdiction for which he is appointed to represent and his employment and activities must not conflict with the matter of jurisdiction represented. A member shall not have a record of conviction of violation of fish and game or seafood laws or regulations within the five (5) years preceding his appointment or a record of any felony conviction. After July 1, 1999, if a member is convicted of a violation of the seafood laws during his term, his office shall be deemed vacant and the Governor shall fill the vacancy as provided in this section.

(4) The advisory commission shall elect a chairman who shall preside at all meetings of the commission, and the advisory commission shall also elect a vice chairman who shall serve in the absence or inability of the chairman.

(5) Each member shall be paid actual and necessary expenses incurred in attending meetings of the advisory commission and in performing his duties away from his domicile under assignment by the advisory commission. In addition, members shall receive the per diem authorized in Section 25-3-69 * * *~~, Mississippi Code of 1972~~.

(6) The advisory commission shall adopt rules and regulations governing times and places of meetings * * *. * * *

(7) The advisory commission shall not take any action * * *~~, except by vote in meeting assembled~~ without the approval of the Department of Marine Resources, and such action shall be included in the minutes of the advisory commission. A majority of the members shall constitute a quorum of the advisory commission.

(8) The advisory commission * * *~~, through the~~ shall advise the Department of Marine Resources * * *~~, shall~~ on how to devise a plan to make licenses available in each coastal county.

(9) (a) There is hereby created a Marine Resources Technical Advisory Council composed of the Executive Director of the Gulf Coast Research Lab, or his designee; the Executive Director of the Department of Environmental Quality, or his designee; and the Executive Director of the Department of Wildlife, Fisheries and Parks, or his designee.

(b) The council shall give technical assistance to the * * * ~~commission~~ department.

(10) For purposes of this section the following definitions apply:

(a) "Charter boat operator" means an individual who operates a vessel for hire, guiding sports fishermen for a fee and is duly licensed to engage in such activity in the State of Mississippi.

(b) "Commercial fisherman" means a fisherman who sells, barters or exchanges any or all of his catch or who is paid for attempting to catch marine species, and is duly licensed to engage in commercial fishing.

(c) "Commercial seafood processor" means an individual who engages in the business of purchasing seafood products and preparing them for resale and who is duly licensed to engage in such commercial activity in the State of Mississippi.

(d) "Incorporated environmental nonprofit organization" means an organization duly incorporated in any state as a nonprofit organization and whose stated goals and purposes are the conservation of natural resources.

(e) "Recreational sports fisherman" means an individual who catches or harvests marine species only for recreation or personal consumption and not for sale. The individual must possess a saltwater sports fishing license, be a member of an incorporated nonprofit sports fishing organization and not possess a commercial fishing or seafood processor license.

SECTION 3. Section 49-15-303, Mississippi Code of 1972, is amended as follows:

49-15-303. The advisory commission shall have the following powers and duties:

(a) To * * * ~~formulate the policy of~~ advise the department regarding marine resources within the jurisdiction of the department;

(b) To * * * ~~enter into and authorize~~ advise the executive director on whether to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission; and

(c) To advise the department on whether to adopt, amend or repeal any rules and regulations necessary for the operation of the * * * ~~commission and the~~ department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood * * *~~; and~~.

* * *

SECTION 4. Section 49-15-304, Mississippi Code of 1972, is amended as follows:

49-15-304. The department, with the advice of the advisory commission, may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marine resources under its jurisdiction. Rules and regulations adopted by the * * * ~~commission~~ department shall be consistent with the public policy expressed in Section 29-15-3 (public trust tidelands), Section 39-7-3 (antiquities and historic preservation), Section 49-15-1 (seafood), Section 49-17-3 (pollution control), Section 49-27-3 (coastal wetlands protection) and Section 57-15-6 (coastal zone management). The * * * ~~commission~~ department may make exceptions to and grant variances from any rules and regulations adopted by the * * * ~~commission~~ department. The * * * ~~commission~~ department shall give due consideration to permissable uses of the natural resources within its jurisdiction when promulgating rules and regulations.

SECTION 5. Section 49-15-305, Mississippi Code of 1972, is amended as follows:

49-15-305. (1) * * * The Governor shall appoint the Executive Director * * * ~~from the list of nominees~~ of the Department of Marine Resources, with the advice and consent of the Senate, for a term concurrent with that of the Governor. The * * * ~~commission~~ Governor may remove the executive director from office for good cause and appoint a new executive director as provided in this subsection (1). The executive director shall be knowledgeable and experienced in marine resources management.

(2) The executive director of the department shall have the following powers and duties:

(a) To supervise and direct all administrative, inspection and technical activities and personnel of the department;

(b) To employ qualified professional personnel in the subject matter or fields, and any other technical and clerical staff as may be required for the operation of the department;

(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;

(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at any other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;

(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for the purposes by the Legislature; and

(f) To carry out all regulations and rules adopted by the * * * ~~commission~~ department and enforce all licenses and permits issued by the department.

SECTION 6. Section 49-15-307, Mississippi Code of 1972, is amended as follows:

49-15-307. The department shall have the following powers and duties:

(a) To implement the policy of the * * * ~~commission~~ department regarding marine resources within the jurisdiction of the department;

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the marine resources of this state in a manner to * * * ~~insure~~ ensure efficiency and sustained productivity;

(d) To issue permits and licenses authorized by law or regulation;

(e) To equip and supply check stations, remote duty stations and personnel for extended duty;

(f) To develop programs to enhance the marketing of the state's recreational and commercial marine resources;

(g) To provide gear, insignias, and otherwise equip personnel subject to the amount appropriated for those purposes; and

(h) To discharge any other duties, responsibilities and powers as are necessary to implement this chapter.

SECTION 7. Section 49-15-15, Mississippi Code of 1972, is amended as follows:

49-15-15. (1) In addition to any other powers and duties authorized by law, the department, with the advice of the advisory commission, shall have the following powers and duties regarding the regulation of seafood:

(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;

(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedures Law and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;

(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the * * * ~~commission~~ department. The * * * ~~commission~~ department may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site * * *. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer, the Commissioner of Agriculture and the executive director of the department may enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;

(d) To set standards of measure;

(e) To set requirements for employment of commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;

(f) To acquire and dispose of commission equipment and facilities;

(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the department, with the advice of the advisory commission, under this chapter;

(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;

(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;

(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the corkline, and to prescribe the length at the lead line for each rig, net or try-trawl;

(k) To destroy or dispose of equipment or nets which have been lawfully seized by the commission and which are not sold under Section 49-15-201 et seq.;

(l) To open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs and set size, catching and taking regulations for all types of seafood and culling regulations for oysters, except as otherwise specifically provided by law;

(m) To utilize the resources of the Gulf Coast Research Laboratory to the fullest extent possible;

(n) To develop a resource management plan to preserve seafood resources and to ensure a safe supply of these resources;

(o) To prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resource studies;

(p) To suspend the issuance of licenses when necessary to impose a moratorium to conserve a fishery resource;

(q) To promote, construct, monitor and maintain artificial fishing reefs in the marine waters of the State of Mississippi and in adjacent federal waters; to accept grants and donations of money or materials from public and private sources for such reefs; to set permit fees and establish guidelines for the construction of artificial reefs in federal waters; and to apply for any federal permits necessary for the construction or maintenance of artificial fishing reefs in federal waters. The location data associated with artificial reefs by corporations and private individuals shall not be published by the commission or the department on the website or in written publications of the department. Location data of the artificial reefs may be requested in writing by any individual and shall be provided by the department in a timely manner; and

(r) To require, in addition to other licensing requirements, the successful completion of educational or training programs on shellfish sanitation as a prerequisite to receiving commercial licenses authorized under this chapter in order to ensure compliance with the Interstate Shellfish Sanitation Conference's educational requirements for shellfish processors, dealers and harvesters by January 1, 2014.

(2) The * * * ~~commission~~ department shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The * * * ~~commission~~ department shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.

SECTION 8. Section 49-15-25, Mississippi Code of 1972, is amended as follows:

49-15-25. The * * * ~~commission~~ department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the * * * ~~commission~~ department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.

SECTION 9. This act shall take effect and be in force from and after July 1, 2020.