House Amendments to Senate Bill No. 2476
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 49-15-46, Mississippi Code of 1972, is amended as follows:
49-15-46. (1) Each vessel
used to catch, take, carry or transport oysters from the reefs of the State of
Mississippi, or engaged in transporting any oysters in any of the waters within
the territorial jurisdiction of the State of Mississippi, for commercial use,
shall annually, before beginning operations, be licensed by the * * * department and pay the
following license fee:
(a) Fifty Dollars ($50.00) on each in-state vessel or boat used for tonging oysters or gathering oysters by hand;
(b) One Hundred Dollars ($100.00) on each in-state vessel or boat used for dredging oysters;
(c) One Hundred Dollars ($100.00) on each out-of-state vessel or boat used for tonging oysters or gathering oysters by hand; or
(d) Two Hundred
Dollars ($200.00) on each out-of-state vessel or boat used for dredging oysters * * *.
* * *
(2) * * * Each molluscan shellfish aquaculture operation
shall annually, before beginning operations, be licensed by the department and
pay the following license fee:
(a) Fifty Dollars ($50.00) on each resident molluscan shellfish aquaculture operation; or
(b) One Hundred Dollars ($100.00) on each nonresident molluscan shellfish aquaculture operation.
(3) The * * * department may authorize the
transfer of a vessel license to a different vessel provided that the owner of
both vessels is the same titled owner.
(4) All oysters harvested
in the State of Mississippi shall be tagged. Tags shall be issued by the
department and shall bear the catcher's name, the date and origin of the catch,
the shell stock dealer's name and permit number. The department shall number
all tags issued and shall maintain a record of those tags. The * * * department, in its
discretion, may adopt any regulations regarding the tagging of oysters and
other shellfish.
(5) Each person catching or
taking oysters from the waters of the State of Mississippi for personal use
shall obtain a permit from the * * * department and pay an annual
recreational oyster permit fee of Ten Dollars ($10.00). Oysters caught under a
recreational permit shall not be offered for sale. The limits on the allowable
catch of oysters for recreational purposes shall be three (3) sacks per week.
The department shall issue tags of a distinguishing color to designate
recreationally harvested oysters, which shall be tagged on the same day of
harvest in the manner prescribed in subsection (4) of this section for
commercially harvested oysters or by regulation of the * * * department.
(6) The * * * department shall assess and
collect a shell retention fee for the shells taken from waters within the
territorial jurisdiction of the State of Mississippi as follows:
(a) Commercial and recreational harvesters - Fifteen Cents (15¢) per sack paid to the department on the day of harvest;
(b) Initial oyster processor, dealer or factory first purchasing the oysters - Fifteen Cents (15¢) per sack paid to the department no later than the tenth day of the month following the purchase, on forms submitted by the department;
(c) Commercial
harvesters transporting their catch out of the state - Fifty Cents (50¢) per
sack paid to the department on the day of harvest, in addition to the fees paid
in * * *
paragraph (a) of this subsection; and
(d) Commercial
harvesters not selling their oysters to a Mississippi dealer - Fifteen Cents
(15¢) per sack paid to the department on the day of harvest, in addition to
fees paid in * * * paragraph (a) of this subsection.
Funds received from the
shell retention fee shall be paid into a special fund in the State Treasury to
be appropriated by the Legislature for use by the * * * department to further oyster
production in this state, which includes plantings of oysters and/or cultch
materials.
(7) During open seasons, oysters may be taken only by hands, tongs and dredges.
(8) Vessels licensed under Section 49-15-46 may keep in whole, for personal consumption up to thirty-six (36) blue crabs (portunidae family), per day. This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 49-15-46, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF MARINE RESOURCES TO LICENSE MOLLUSCAN SHELLFISH AQUACULTURE OPERATIONS AND TO LICENSE MULTIPLE VESSELS AT SUCH AQUACULTURE OPERATIONS; AND FOR RELATED PURPOSES.
HR43\SB2476A.J
Andrew Ketchings
Clerk of the House of Representatives