1997 Regular Session
To: Conservation and Water Resources
By: Representative Broomfield
House Bill 1550
AN ACT TO MAKE IT LAWFUL TO USE A GILL NET THAT IS NOT BIODEGRADABLE; TO AMEND SECTION 49-15-79, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF GILL NETS FOR THE TAKING OF FISH IN MARINE WATERS WITHIN ONE-FOURTH MILE OF THE SHORELINE OF THE COUNTY OF JACKSON; TO AMEND SECTION 49-15-303, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified in Chapter 15, Title 49, Mississippi Code of 1972:
It is lawful to use a gill net that is not biodegradable, provided that the gill net is being used in authorized areas and at authorized times. The Commission on Marine Resources may not promulgate any rule or regulation requiring that gill nets be biodegradable.
SECTION 2. Section 49-15-79, Mississippi Code of 1972, is amended as follows:
49-15-79. (1) (a) 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 Counties of Hancock or Harrison in the State of Mississippi.
(b) It is unlawful for any person, firm or corporation to use or attempt to use a gill net for the taking of fish in marine waters within one-fourth (1/4) mile of the shoreline of the County of Jackson. The Boards of Supervisors of Hancock and Harrison Counties shall have the authority to submit proposed regulations to the commission to regulate within their respective counties the use of gill nets. 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 gill nets and 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 as provided in Section 49-15-63, Mississippi Code of 1972.
SECTION 3. Section 49-15-303, Mississippi Code of 1972, is amended as follows:
49-15-303. The commission shall have the following powers and duties:
(a) To formulate the policy of the department regarding marine resources within the jurisdiction of the department;
(b) To enter into and authorize the executive director 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;
(c) To adopt, amend or repeal such rules and regulations necessary for the operation of the commission and the department, except as may be otherwise provided in Section 1 of this act; and
(d) To discharge such other duties and powers as are necessary to implement state policy regarding marine resources.
SECTION 4. This act shall take effect and be in force from and after July 1, 1997.