MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Game and Fish

By: Representatives Vince, Eaton, Hudson, Nettles

AN ACT TO AMEND SECTIONS 49-7-9, 49-7-21 AND 49-7-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS AGED 70 YEARS OR OLDER DO NOT HAVE TO BE LICENSED FOR THE COMMERCIAL USE OF HOOP NETS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-9, Mississippi Code of 1972, is amended as follows:

49-7-9. (1) (a) Each resident of the State of Mississippi, as defined in Section 49-7-3, fishing in the public fresh waters of the state, including lakes and reservoirs, but not including privately owned ponds and streams, shall pay an annual license fee of Eight Dollars ($8.00). Any resident purchasing a public freshwater fishing license as prescribed in this subsection shall be entitled to fish, in accordance with the regulations and ordinances of the commission, in all public fresh waters within the territory of the State of Mississippi.

(b) A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00).

(c) No license shall be required of any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years or who is blind, paraplegic, a multiple amputee or has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged totally disabled by the Social Security Administration. Such person shall not be required to purchase or have in his possession a hunting or fishing license while engaged in such activities.

(d) A person exempt by reason of age, total service-connected disability as adjudged by the Veterans Administration or total disability as adjudged by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(2) Any person engaged in fishing for commercial purposes and selling or peddling nongame gross fish at retail or selling or shipping same at wholesale, as to markets, dealers or canning plants, shall pay Thirty Dollars ($30.00) for a commercial fishing license. Each piece of commercial fishing equipment must have a commercial fishing equipment tag (at a cost of Three Dollars ($3.00) each) attached. A piece of commercial fishing equipment is defined as: One (1) each hoop or barrel net; one thousand (1,000) feet or less of trotline; one thousand (1,000) feet or less of snagline; three thousand (3,000) feet or less of gill netting; or three thousand (3,000) feet or less of trammel netting. Netting of over three thousand (3,000) feet is prohibited.

Upon payment of the Thirty Dollars ($30.00) license and tags for use of hoop or barrel nets, the purchaser of the license is hereby permitted to use lead nets thirty-five (35) yards in length for each two (2) barrel nets used, but not to exceed seven (7) lead nets.

Any person aged seventy (70) years or older shall not be required to be licensed for the commercial use of hoop nets.

(3) Each person taking nongame gross fish as defined in Section 49-7-1, of any kind from the fresh waters of the state shall be considered a producer and shall be entitled to sell his own catch to anyone.

(4) Each person buying or handling nongame gross fish secured from commercial fishermen or others for the purpose of resale, whether handled on a commission basis or otherwise, and each resident person shipping nongame gross fish not his own catch out of the State of Mississippi shall be considered a wholesale dealer and shall pay a commercial fishing license in the sum of Thirty Dollars ($30.00) per annum. Nonresident wholesale dealers who buy nongame gross fish from fishermen or resident wholesale dealers for the purpose of resale shall obtain a nonresident commercial fishing license. Resident wholesale dealers licenses shall be issued only to persons who have been bona fide residents of the State of Mississippi for at least six (6) months. Any nonresident who brings nongame gross fish into the state from without the state for the purpose of resale to a wholesale or retail dealer or to the consumer shall obtain a nonresident commercial fishing license.

(5) Each resident buying nongame gross fish from a licensed wholesale dealer or licensed commercial fisherman for retail sale to the consumer only on rural or urban routes shall pay the sum of Thirty Dollars ($30.00) per annum for a commercial fishing license to do so.

(6) Each person engaged in the buying and selling of nongame gross fish as a wholesale dealer's agent, whether on a commission or salary basis, or otherwise, and not selling in the open market, or any vessel buying nongame gross fish to make up a cargo, shall pay a commercial fishing license in the sum of Thirty Dollars ($30.00) per annum and shall be responsible for any illegal transaction ensuing between the time he purchases from the fisherman and the time the fish are accepted by the wholesaler by whom he is employed.

(7) Any person using a wooden or plastic slat basket shall pay a fee of Thirty Dollars ($30.00) per basket per annum in addition to a commercial license. Slat baskets are defined as commercial fishing devices used solely for the capture of catfish and made entirely of wood and/or plastic slats in a boxlike or cylindrical shape. Slat baskets shall not exceed six (6) feet in length nor exceed fifteen (15) inches in width and height or diameter, may have no more than two (2) throats, and must have at least four (4) slot openings of a minimum one and one-half (1-1/2) by twenty-four (24) inches evenly spaced around the sides of the catch area. The one and one-half (1-1/2) inch wide slots must begin at the rear of the basket and run twenty-four (24) inches toward the throat end of the basket. Slat baskets may only be fished in public waters of the State of Mississippi that are opened to commercial fishing. Slat baskets shall be placed at least one hundred (100) yards apart and may not be used with any form of leads, netting or guiding devices. Each slat basket shall have a metal slat basket tag attached to it with the tag number of the owner imprinted on it. Such slat basket tags shall be purchased from the department at a fee of Three Dollars ($3.00) per tag. Any other identification of the owner of the basket shall meet such specifications as set by the department. Slat baskets may be fished statewide except where specifically prohibited.

Any violation of the provisions of this subsection shall be a Class I violation as prescribed in Section 49-7-141.

(8) It is unlawful for any person coming under the terms of this section to offer for sale undersized nongame gross fish, as set out and classified herein.

(9) All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond.

(10) The commission is authorized to issue nonresident freshwater commercial fishing licenses to be sold by the department and not by licensing agents. The commission shall determine the fee and shall promulgate such rules and regulations as it deems appropriate for issuance of nonresident freshwater commercial fishing licenses.

(11) July 4 of each year is designated as "Free Fishing Day." Any person may sport fish without a license on "Free Fishing Day."

(12) Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17.

SECTION 2. Section 49-7-21, Mississippi Code of 1972, is amended as follows:

49-7-21. (1) (a) The licenses for hunting, trapping or fishing shall be issued on a form prepared by the executive director and supplied to the bonded agents authorized to issue licenses. The forms shall bear the name and Social Security number or driver's license number of the applicant. All licenses shall be valid from the date of its issuance to June 30 following its date. The license shall be countersigned by the licensee in the presence of the agent authorized to issue the same. The licenses shall be issued in the name of the commission and be countersigned by the bonded agent issuing same. The application for a license under this chapter shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths in this state, and for this purpose the members of the commission, the executive director, sheriffs, conservation officers and bonded agents are hereby authorized to administer oaths, but no charge shall be made by any officer employed by the commission or sheriff for the administration of the oath.

(b) A person may purchase a license from the office of the department without appearing in person.

(2) Any person authorized to issue licenses for hunting, trapping or fishing in this state who attempts to issue a license on a form other than one as prescribed by this section, or attempts to prepare a license certificate in any manner other than on the form prescribed by this section, and furnished by the executive director, is guilty of a Class II violation, and shall be punished as provided in Section 49-7-143, Mississippi Code of 1972, and the person convicted shall be forever barred from issuing licenses in the State of Mississippi.

(3) Any resident or nonresident who hunts, takes or traps any wild animal, bird or fish must possess a valid license issued by the commission, unless specifically exempted under this chapter.

(4) Any nonresident, who hunts without the required license is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for the first offense. The nonresident shall also forfeit all hunting, trapping and fishing privileges for a period not less than twelve (12) consecutive months from the date of conviction. For the second or any subsequent offense a nonresident shall be fined in an amount of not less than One Thousand Dollars ($1,000.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both such fine and imprisonment. The nonresident shall also forfeit all hunting, trapping and fishing privileges for a period not less than thirty-six (36) consecutive months from the date of conviction.

(5) Any nonresident who fishes without the required license is guilty of a misdemeanor and upon conviction shall be fined in an amount not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for the first offense. For the second or any subsequent offense a nonresident shall be fined in an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and that nonresident shall also forfeit all hunting, trapping and fishing privileges for a period not less than twelve (12) consecutive months from the date of conviction.

(6) Any person who obtains a license under an assumed name or makes a materially false statement to obtain a license is guilty of a felony and shall be subject to a fine of Two Thousand Dollars ($2,000.00) or may be imprisoned for a term not to exceed one (1) year or both.

(7) Any person aged seventy (70) years or older shall not be required to be licensed for the commercial use of hoop nets.

SECTION 3. Section 49-7-81, Mississippi Code of 1972, is amended as follows:

49-7-81. (1) It shall be unlawful to take or kill game fish in any manner other than by hook and line with one or more hooks, or by use of a trot or troll line. Dip/landing nets may be used when landing a fish caught by hook and line, trot or troll lines. Shad and minnows may only be taken as bait with the aid of a dip/landing net, cast nets, boat-mounted scoops and wire baskets by residents for personal use in sportfishing. However, in private ponds or borrow pits or overflow ponds which go dry in summer and cut off from the regular streams, dip nets may be used for capturing or rescuing such game fish. It shall be unlawful to kill or take fish of any species at any time or anywhere by mudding, or by the use of lime, poison, dynamite, India berries, weeds and walnuts, giant powder, gunpowder, or any other explosive, and no nongame gross fish shall be taken by the use of nets, seines or trap for personal use without a commercial fishing license. It shall be unlawful to place any nets or seines in any stream, in such a way as to completely obstruct the passage of fish in such stream, and if nets are placed in water they shall be placed at least one hundred (100) yards apart. The commission shall not have authority to fix a minimum size mesh of more than three (3) inches for use in barrel nets, hoop nets and seines. Notwithstanding anything in this or any other section to the contrary, any person in Mississippi fishing with barrel nets, hoop nets or seines in any waters of common boundary between Mississippi and another state may use a mesh size in such nets which is the same as the mesh size allowed in the other state, where the other state allows a mesh size in such nets which is smaller than the mesh size otherwise allowable in Mississippi. Any person aged seventy (70) years or older shall not be required to be licensed for the commercial use of hoop nets.

(2) It shall be unlawful for any person to catch or destroy fish by the use of dynamite, gunpowder or other explosive substance.

(3) It shall be unlawful for any person to use a telephone, battery or any other electrically operated device for the purpose of killing or capturing fish.

(4) It shall be unlawful for any person to use any chemical of any kind in any stream or any lake where the public fishes for the purpose of killing or taking fish, except that this provision shall not be construed to apply to any owner of any fish pond using such chemical in his own private pond.

(5) It shall be unlawful for any person to poison any fish by mingling in the water any substance calculated and intended to stupefy or destroy fish.

(6) It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission. Any such hoop net, barrel net, seine, gill net, slat baskets, trammel net and/or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and, shall be subject to forfeiture.

(7) Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section shall be guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.