SB2544_S_Amend

SECTION 1. Section 49-15-5, Mississippi Code of 1972, is amended as follows:

49-15-5. All seafoods existing or living in waters within the territorial jurisdiction of the State of Mississippi not held in private ownership legally acquired, and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within such territorial jurisdiction, including all oysters and other shell fish and parts thereof grown thereon, either naturally or cultivated, shall be, continue, and remain the property of the State of Mississippi, to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form hereinafter authorized, and the same shall be under the exclusive control of the * * * ~~commission~~ department until the right of private ownership shall vest therein as hereinafter provided.

SECTION 2. Section 49-15-7, Mississippi Code of 1972, is amended as follows:

49-15-7. All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the * * * ~~commission~~ department.

SECTION 3. Section 49-15-27, Mississippi Code of 1972, is amended as follows:

49-15-27. The department is hereby granted full and complete authority to lease the bottoms within its jurisdiction upon the following terms and conditions:

(1) All areas within the department's jurisdiction, not designated * * * ~~tonging reefs~~ state-owned reefs by this chapter, or hereinafter designated tonging reefs by the department * * *, and all areas not within the boundaries of riparian property owners may be leased by the department.

(2) All individual lessees shall be residents of the State of Mississippi, or if a firm or corporation, such firm or corporation shall be organized under the laws of the State of Mississippi.

(3) No individual, corporation, partnership or association may lease less than one (1) acre nor more than * * * ~~three thousand five hundred (3,500)~~ one thousand (1,000) acres; however, in the case of an individual there shall not be counted towards such limitation any lands leased by a corporation, partnership or association in which such individual owns ten percent (10%) or less interest and, in the case of a corporation, partnership or association, there shall not be counted toward such limitation any lands leased by an individual stockholder, partner or associate thereof who owns ten percent (10%) or less interest in such corporation, partnership or association.

(4) Individuals, firms or corporations desiring to lease bottoms shall make application to the department in writing, describing the area to be leased. The application fee for each lease application shall be Fifty Dollars ($50.00). Applications must include a plat showing the proposed lease area and description of cultch material type and amount to be deployed on the leased area.

(5) The department shall consider bottom leasing applications in the order in which each is filed and * * * ~~may award,~~ shall either (a) make a lease with the applicant or (b) issue a written notice declining the application with reasons for same within * * * ~~sixty (60)~~ thirty (30) days * * *~~, a~~ of the date of the application. Such lease * * * to shall be for the area described in the application upon payment of the annual rent in advance.

(6) Such leases shall be for an initial term of * * * ~~five (5)~~ fifteen (15) years, with the right of lessee to renew the lease for an additional * * * ~~five (5)~~ fifteen (15) years, and continue to renew at * * * ~~five‑~~ fifteen-year intervals, at the same ground rental rate so long as lessee actively cultivates and gathers oysters, and complies with the provisions of this chapter. No lease may be transferred without approval by the department of the transfer.

(7) The lease shall ensure the maximum culture and propagation of oysters.

( * * *78) The department shall fix a ground rental at not less than * * * ~~Five Dollars ($5.00)~~ Two Dollars ($2.00) and no more than Fifteen Dollars ($15.00) per acre.

( * * *89) The department shall keep an accurate chart of the areas within its jurisdiction and shall mark on such chart those areas which are under lease. All leases shall be marked by appropriate poles, stakes or buoys of such material as will not injure watercraft, at the expense of the leaseholder. The department shall keep an accurate book, designated "Mississippi Oyster Farms" which shall contain copies of all leases. If any lease be cancelled or expire, such fact shall be noted on the face of such lease. Lessees shall be "oyster farmers" for the purposes of any grants, aid, subsidies or other assistance from the federal government or other governmental or private agencies.

( * * *910) All funds derived from leasing shall be paid into the Seafood Fund under Section 49-15-17, for use by the department to further oyster production in this state, which includes plantings of oysters and cultch materials.

( * * *1011) All leases made by the department under the authority of this section shall be subject to the paramount right of the state and any of its political subdivisions authorized by law, to promote and develop ports, harbors, channels, industrial or recreational projects, and all such leases shall contain a provision that in the event such authorized public body shall require the area so leased or any part thereof for such public purposes, that the lease shall be terminated on reasonable notice fixed by the department in such lease. On the termination of any lease, the lessees shall have the right to remove any oysters within the leased area within such time as may be fixed by the department and in accordance with such reasonable rules and regulations as the department may adopt.

Any person convicted of taking oysters from leased land or from waters that are not of a safe sanitary quality without a permit as provided in Section 49-15-37 shall, on the first offense, forfeit all equipment used, exclusive of any boat or boats; and be fined not to exceed Two Thousand Dollars ($2,000.00) or sentenced not to exceed one (1) year in the county jail, or both. Subsequent convictions shall be punishable by forfeiture of all equipment, including any boat or boats; and a fine not to exceed Five Thousand Dollars ($5,000.00) or not to exceed two (2) years in prison, or both such fine and imprisonment.

The department is enjoined to cooperate with the Jackson County Port Authority, the Harrison County Development Commission, the municipal port commission and other port and harbor agencies, so that oyster beds shall not be planted in close proximity to navigable channels. The department or lessee shall have no right of action as against any such public body for damages accruing to any natural reef or leased reef by any necessary improvement of such channel in the interest of shipping, commerce, navigation or other purpose authorized by law.

(12) A lessee has the exclusive use of the water bottoms leased and all oysters and cultch grown or placed thereon. However, this exclusive right is subordinate to the rights and responsibilities of the state, any political subdivision of the state, the United States, or any agency or agent thereof, to take action in furtherance of coastal protection, conservation or restoration.

SECTION 4. Section 49-15-36, Mississippi Code of 1972, is amended as follows:

49-15-36. (1) The Department of Marine Resources shall have full jurisdiction and control of all * * * ~~public and natural oyster~~ designated state-owned reefs and oyster bottoms of the State of Mississippi.

(2) * * * ~~Public~~ State-owned reefs may be opened for harvest of oysters during the season on a rotating basis. If the department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the department may close designated reef areas and keep them closed during the season.

(3) The department shall promulgate regulations regarding the closing of oyster reefs to protect the public health. When that testing indicates the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice of that opening may be made to interested parties. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department may limit the sale of oysters for human consumption.

(4) (a) The department may issue special permits for the purpose of catching oysters outside the open season or in areas not normally open to harvest to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the Department of Revenue a tax exemption letter issued by the United States Internal Revenue Service.

(b) The department shall promulgate rules and regulations governing the taking of oysters by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.

(5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.

* * *

SECTION 5. Section 49-15-37, Mississippi Code of 1972, is amended as follows:

49-15-37. * * * The department may employ boats, crews and laborers * * * ~~and shall~~ to cultivate the * * * ~~public~~ state-owned reefs of the state, and * * * ~~shall~~ dredge the oysters in the Mississippi Sound from places where they are too thick, and * * * ~~shall~~ spread them on reefs where they are too thin, and * * * ~~shall~~ carry shells from the factories and spread them in places where the oyster beds can be improved and enlarged. The department may purchase other materials as may be equally suitable for the propagation of oysters. The department in cultivating the reefs, transplanting and spreading oysters and shells and other suitable materials, may expend any funds available for that purpose. In taking seed oysters, care shall be used to not injure or destroy the merchantable oysters on the reefs from which they are taken. The seed oysters shall be tonged from the "conner" or seed reefs, unless it is practicable and safe to dredge those oysters. The * * * ~~commission~~ department may, * * * ~~by orders spread on its minutes~~, establish new bedding grounds at those places within the boundaries of the state as it may determine, on advice of the director, or on advice of technical governmental experts, or competent aquatic biologists. On existing * * * ~~public~~ state-owned reefs in which oysters exist and in waters not of a safe sanitary quality as determined by the department, the * * * ~~commission~~ department shall prohibit any person, firm or corporation from taking oysters from those areas. The * * * ~~commission~~ department shall from time to time remove the oysters from the areas and relay or replant them in an approved area for a period of time under Section 49-15-36 before they may be harvested. The * * * ~~commission~~ department may transport the oysters to an onshore, molluscan depuration facility for the purpose of proving depuration technology and for other experimental purposes. In connection with the testing of onshore, molluscan depuration technology, the * * * ~~commission~~ department may sell or dispose of the relaid oysters in a manner consistent with all applicable state and federal laws and regulations. Any funds received from the sale of the oysters shall be used in a like manner as those funds received under Section 49-15-38.

If the * * * ~~commission~~ department finds that onshore, molluscan depuration technology proves to be successful, the * * * ~~commission~~ department may issue permits to private enterprise which may locate depuration facilities in Hancock, Harrison and Jackson Counties. The * * * ~~commission~~ department shall promulgate rules and regulations for the taking of oysters from reefs for transport to an onshore, molluscan depuration facility and for the operation of the facilities. Each depuration facility operated by private enterprise shall return oyster shells to the oyster reefs for replanting under the proper supervision of the department and under Section 49-15-38.

The * * * ~~commission~~ department may issue permits to persons to remove oysters by dredging or otherwise from water bottoms which are not of a safe sanitary quality for oysters for human consumption even though those areas may have been reserved for tonging only in Section 49-15-39. These areas * * * ~~shall~~ may be designated as seed grounds, and permits to persons shall be issued only for the purpose of transplanting oysters to privately leased Mississippi territorial waters. The * * * ~~commission~~ department may permit the transplanting of these seed oysters by a duly authorized public agency.

The * * * ~~commission~~ department may, upon certification of the department that the water bottom from which oysters are to be removed is not of a safe, sanitary quality for oyster production for human consumption and has been unsafe for a period of at least one (1) year immediately preceding certification, and upon complying with the following requirements, permit the dredging of oysters from restricted public areas and relaying the oysters to private leased grounds in the State of Mississippi:

(a) Permittee must hold valid lease of oyster bedding grounds in the State of Mississippi;

(b) Permittee must be bonded in compliance with the permit system established by the * * * ~~commission~~ department;

(d) Permittee shall not move oysters from one restricted area to another restricted area;

(e) Permittee shall move oysters only to an area leased by the * * * ~~commission after April 13, 1977~~ department; and

(f) Permittee shall not move oysters from the restricted area without the presence of an employee of the department at all times, from the dredging of the oysters from the restricted areas to their deposit on private leased grounds or to an onshore, molluscan depuration facility.

Harvesting of oysters shall be permitted only during daylight hours and with the most efficient gear possible consistent with conservation requirements of not damaging the reefs. This shall include permission to use two (2) dredges per boat on restricted areas and on private leased grounds.

Any person obtaining a permit to remove oysters from seed grounds shall post a penal bond of One Hundred Dollars ($100.00) per leased acre with the * * * ~~commission~~ department to be forfeited upon any violation of this section. The bond may be approved by the director of the department if the director finds the bond to be secured by sufficient property or sureties.

The * * * ~~commission~~ department shall regulate the amount and time of taking of oysters from seed areas and shall supervise the removal, planting and harvesting of oysters from the areas. The time set for the taking of oysters from restricted seed areas for relaying or replanting and the time set for the taking of oysters from private leased grounds shall be separated by not less than a period of time determined under Section 49-15-36 during which neither activity may be allowed.

The * * * ~~commission~~ department shall regulate the taking of oysters from restricted seed areas and the subsequent depuration of the oysters to protect public health, while at the same time fostering the utilization of the state's oyster resources. The regulations shall include the setting of the period of depuration for the oysters by the use of appropriate techniques and provide for an employee of the department to be present when the oysters are taken from restricted seed areas, and transported, held and deposited on private lease grounds. Any person, firm, corporation or private lease holder engaged in the depuration of oysters shall pay to the department an amount equal to the regular compensation of the employee of the department for the time the employee actually spends performing the duties, not to exceed Two Hundred Dollars ($200.00) per twenty-four-hour period.

Only persons who have been residents of Mississippi for at least five (5) years shall be eligible to obtain permits for removal of oysters from seed grounds.

The * * * ~~commission~~ department shall designate certain reefs in the state as * * * ~~public~~ state-owned reefs and shall remove oysters from water bottoms which are not of a safe, sanitary quality for oyster production for human consumption and shall transport the oysters to the * * * ~~public~~ state-owned reefs.

SECTION 6. Section 49-15-38, Mississippi Code of 1972, is amended as follows:

49-15-38. (1) (a) Unless otherwise permitted by the * * * ~~commission~~ department, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the * * * ~~public~~ state-owned reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.

(b) The * * * ~~commission~~ department may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections, collect fees and issue tags in the enforcement of this chapter and regulations adopted by the commission.

(2) The * * * ~~commission~~ department shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters.

(3) Any person, firm or corporation failing or refusing to pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells for which they fail or refuse to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter for a period of two (2) years from the date of conviction.

(4) The planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. * * *

SECTION 7. Section 49-15-39, Mississippi Code of 1972, is amended as follows:

49-15-39. (1) It is unlawful for any person to catch or take oysters by means of dredging in any of the waters designated as tonging reefs by the * * * ~~commission~~ department.

(2) The * * * ~~commission~~ department shall designate certain areas as tonging reefs. The * * * ~~commission~~ department shall mark the boundaries of the areas designated by appropriate poles, stakes or buoys of material that will not injure watercraft. The * * * ~~commission~~ department may authorize the taking of oysters on reefs designated as tonging reefs by dredge, drag or scoop if the * * * ~~commission~~ department finds that the dredging, dragging or scooping is necessary to manage the resource properly. Any dredging, dragging or scooping authorized under this section shall be for a specific time period as provided by the * * * ~~commission~~ department.

(3) Unless otherwise authorized under this section, any boat or vessel which catches or takes oysters by means of dredges, drags or scoops, other than hand tongs, from any of the areas described in this section, or with a dredge or dredges in the water, shall have all oysters on board the boat or vessel declared to be contraband. The oysters shall be taken and confiscated by the department or any marine law enforcement officer without court procedure. The captain and crew of the boat or vessel, promptly upon being ordered so to do, shall transport the oysters to a point on the * * * ~~public reefs of the state~~ state-owned reefs where the boat or vessel is found and there scatter the oysters according to the instructions of the enforcement officers.

(4) A violation of this section is punishable by a fine of Five Hundred Dollars ($500.00). For a second offense when the offense is committed within a period of three (3) years from the first offense, the violation is punishable by a fine of One Thousand Dollars ($1,000.00). For a third or subsequent offense when the offense is committed within a period of three (3) years from the first offense, the violation is punishable by a fine of Two Thousand Dollars ($2,000.00).

(5) In addition, upon conviction of a third or subsequent offense within three (3) years of the first offense, it shall be the duty of the court to revoke the license of the convicted party and of the vessel used in the offense, and no license shall be issued to that person or for the vessel to engage in the catching or taking of any seafood from the waters of this state for a period of one (1) year following the conviction.

(6) The fine imposed under this section shall not be suspended or reduced.

SECTION 8. Section 49-15-40, Mississippi Code of 1972, is amended as follows:

49-15-40. (1) The * * * ~~commission~~ department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. * * * The * * * ~~commission~~ department may expend any monies as it deems necessary and expedient to participate in the digging of those canals. The * * * ~~commission~~ department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor. * * *

(2) The * * * ~~commission~~ department may construct, operate and maintain onshore, molluscan facilities using any federal or special funds, other than general funds, for the purpose of testing and proving technology relating to oysters and other shellfish. In connection with the construction, operation and maintenance of the facilities, the * * * ~~commission~~ department may contract with any persons it deems necessary for the operation, testing, maintenance and evaluation of the facilities, subject to the approval of the State Personnel Board. The * * * ~~commission~~ department may locate the facilities on any available public properties, subject to the approval of the governing body of that jurisdiction and all other applicable state laws. Once the technology has been tested and proven, the * * * ~~commission~~ department may conduct any other tests and experiments with oysters or other shellfish as may be necessary to enhance production or quality of shellfish.

* * *

SECTION 9. Section 49-15-41, Mississippi Code of 1972, is brought forward as follows:

49-15-41. It shall be unlawful for any person to fish, catch or take oysters from the waters of Mississippi during the hours between sunset and sunrise of each day.

Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year in the county jail, or both.

SECTION 10. Section 49-15-42, Mississippi Code of 1972, is brought forward as follows:

49-15-42. (1) All oysters caught in Mississippi territorial waters shall be tagged and unloaded in Mississippi. Before tagging and unloading, the oysters must be sacked or packaged in containers or by other methods approved by the department. However, a person is exempt from the unloading requirement if he is transporting the oysters to a state that has a reciprocity agreement with Mississippi exempting Mississippi residents from the unloading requirements of that state.

(2) The driver of any vehicle used in the transporting of oysters in the shell from outside the territorial limits of the State of Mississippi, whether the vehicle is a boat or motor vehicle, shall possess an invoice, statement or other bill of lading which bears the name of the person, firm or corporation from whom the oysters were purchased, the name of the purchaser and the number of barrels or bushels of oysters which the vehicle or vessel contains.

SECTION 11. Section 49-15-43, Mississippi Code of 1972, is brought forward as follows:

49-15-43. Oysters for sale either wholesale or retail may be packaged in glass jars covered with a screw-type top or lid of the type customarily and heretofore used in the seafood industry in the State of Mississippi, but this section shall automatically be repealed if and when such type packaging becomes prohibited by any agency of the United States Government for shipment in interstate commerce.

SECTION 12. Section 49-15-44, Mississippi Code of 1972, is amended as follows:

49-15-44. The * * * ~~commission~~ department shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63.

SECTION 13. Section 49-15-45, Mississippi Code of 1972, is amended as follows:

49-15-45. (1) Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the * * * ~~commission~~ department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such * * * ~~commission~~ department relating to such oyster reefs.

* * *

SECTION 14. Section 49-15-46, Mississippi Code of 1972, is brought forward 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 15. Section 49-15-47, Mississippi Code of 1972, is amended as follows:

49-15-47. (1) It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.

(2) Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall:

(a) Be used only for the purpose intended.

(b) Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.

(d) Be cleaned before being returned to the vessel.

(e) Not be cleaned with equipment used for washing or processing food.

(3) The use of other receptacles for sewage disposal may be approved by the department if the receptacles are:

(a) Constructed of impervious, cleanable materials and have tight-fitting lids; and

(b) Meet the requirements listed in subsection (2).

(4) The * * * ~~commission~~ department shall promulgate administrative penalties for violations of this section, which may include, but not be limited to, revocation of the license of the oyster vessel for up to one (1) year for the first offense, revocation up to two (2) years for the second offense, and permanent revocation for the third offense.

(5) Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any * * * ~~public~~ state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.

SECTION 16. Section 49-15-49, Mississippi Code of 1972, is brought forward as follows:

49-15-49. The Mississippi Department of Marine Resources' oyster check station located at the Pass Christian Harbor, Pass Christian, Mississippi, shall be named the Colonel George J. Wright, Sr., building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque to be placed in a prominent place within the Colonel George J. Wright, Sr., building, which states the background, accomplishments and public health service to the state and nation of Colonel George J. Wright, Sr.

SECTION 17. Section 49-15-40.1, Mississippi Code of 1972, which authorizes the Mississippi Department of Marine Resources to conduct a pilot program for bottom land leasing for oyster production in waters adjacent to Hancock County, is hereby repealed.

SECTION 18. This act shall take effect and be in force from and after July 1, 2023.