MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

AN ACT TO AMEND SECTION 49-15-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE HARVESTING OF OYSTERS FROM A TOWED BOAT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

(2) The commission shall designate certain areas as tonging reefs. The commission shall mark the boundaries of the areas designated by appropriate poles, stakes or buoys of material that will not injure watercraft, and the boundaries, when designated by the commission, shall be final unless shown to be incorrect by a proceeding which may be brought by any person interested in the chancery court of the county adjacent to the area.

(3) If any boat or vessel 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, then all oysters on board the boat or vessel are hereby declared to be contraband and 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 where the boat or vessel is found and there scatter the oysters according to the instructions of the enforcement officers. Any person who violates this section shall be punished as provided in Section 49-15-63.

(4) (a) The harvesting of oysters by any boat which is being towed by another boat is authorized if the towed boat and persons on that boat are properly licensed to conduct oyster harvesting, the towed boat is manned and the towed boat is engaged in harvesting of oysters. Nothing in this section shall authorize the transfer of harvested oysters from the towing boat to the towed boat or shall authorize any increase in the bag limit for the taking of oysters.

(b) This subsection shall stand repealed on July 1, 2000.

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