MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

AN ACT TO AMEND SECTION 49-15-34, MISSISSIPPI CODE OF 1972, TO REVISE THE FEE IMPOSED FOR A TRANSPORT PERMIT TO LAND SEAFOOD IN THIS STATE SO THAT THE FEE IS RECIPROCAL TO THAT CHARGED TO MISSISSIPPI RESIDENTS BY OTHER STATES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-15-34, Mississippi Code of 1972, is amended as follows:

49-15-34. (1) The commission shall require all boats used under regulation of this chapter which are also used in waters of other states and required by those states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that the licensed boats are used within and without the territorial waters of Mississippi. Upon the issuance of that license, the licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized by the United States Coast Guard under 46 CFR Sections 24-26 and 46 CFR Sections 175-187, shall be deemed to be in the business of interstate transportation, but this shall in no way affect the collection of other licenses and fees by the commission which would otherwise be due under this chapter. The commission shall assess and collect an annual license fee of Twenty Dollars ($20.00) on each boat engaged in operations under this subsection.

(2) Notwithstanding the provisions of this chapter, the commission shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter. The commission by regulation shall require the registration and inspection of those landings. The commission shall establish a transport permit fee in an amount equal to the transport fee assessed in other states to boats owned or operated by Mississippi residents, but in no case less than the amount of the license fee established in Section 49-15-28(1). This subsection shall not be construed to supersede Section 49-15-71.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.