MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Marine Resources
By: Representative Busby
AN ACT TO AMEND SECTION 49-15-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO USE OR ATTEMPT TO USE A PURSE SEINE FOR THE TAKING OF FISH OR TO HAVE SUCH SEINE IN THE WATER WITHIN TWO MILES OF THE SHORELINE OF JACKSON COUNTY, MISSISSIPPI AND WITHIN TWO MILES OF THE SHORELINE OF CAT ISLAND; TO REPEAL SECTION 49-15-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE COMMISSION MAY ADOPT ORDINANCES PROHIBITING THE TAKING AND CATCHING OF MENHADEN WITHIN CERTAIN LIMITS; TO BRING FORWARD SECTION 49-15-78, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE USE OF A GILL NET, TRAMMEL NET, ENTANGLEMENT NET, OR LIKE CONTRIVANCES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-79, Mississippi Code of 1972, is amended as follows:
49-15-79. (1) It is
unlawful for any person, firm or corporation to use or attempt to use a purse
seine for the taking of fish or to have such seine in the water within one (1)
mile of the shoreline of the County of Hancock or Harrison in the State of
Mississippi. It is unlawful for any person, firm or corporation to use or attempt
to use a purse seine for the taking of fish or to have such seine in the water within
two (2) miles of the shoreline of Cat Island and the shoreline of the County of
Jackson in the State of Mississippi. The Boards of Supervisors of Hancock,
Harrison and Jackson Counties shall have the authority to submit proposed
regulations to the commission to regulate within their respective counties the
use of * * *
trammel nets. The commission may consider all such proposals submitted by the
boards of supervisors in formulating regulations to be promulgated under this
section.
(2) A person, firm or
corporation convicted of a violation of this section or regulations promulgated
under this section shall be punished by the penalties provided in Section 49-15-100(2) * * *.
SECTION 2. Section 49-15-35, Mississippi Code of 1972, which provides that the commission may adopt ordinances prohibiting the taking and catching of menhaden within certain limits of the coast line of the county so requesting, but the commission shall not fix such limits except upon request of the board of supervisors, and such limit shall not exceed two (2) miles from the shore line, or two (2) miles from the corporate limit boundaries of any municipality bordering on the Mississippi Sound, is repealed.
SECTION 3. Section 49-15-78, Mississippi Code of 1972, is brought forward as follows:
49-15-78. (1) (a) It is unlawful for a person to use a gill net, trammel net, entanglement net, or like contrivances for the taking of finfish in marine waters within one-half (1/2) mile of the shoreline.
(b) For the purposes of this section, the phrase "like contrivances" means any net that is similar in form, function, purpose or use to a gill net, trammel net or entanglement net.
(c) It is unlawful for a person to use a haul seine net for the taking of fish in marine waters within one-half (1/2) mile of the shoreline of Cat Island.
(d) The provisions of this section shall not apply to hand seines, cast nets or brill nets.
(2) A violation of this section is punishable by the penalties provided in Section 49-15-100.
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.