MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ports and Marine Resources

By: Senator(s) Hewes

AN ACT TO AMEND SECTIONS 79-22-15 AND 79-22-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE REORGANIZATION OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS AND THE DEPARTMENT OF MARINE RESOURCES; TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES TO REGULATE MARINE AQUACULTURE PROGRAMS; TO REMOVE MARINE AQUACULTURE FROM THE JURISDICTION OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 79-22-15, Mississippi Code of 1972, is amended as follows:

79-22-15. (1) The Department of Wildlife, Fisheries and Parks may issue permits to obtain game fish for use as brood stock in accordance with regulations promulgated by the Department of Wildlife, Fisheries and Parks.

(2) In promulgating these regulations for game fish used for brood stock, the Commission on Wildlife, Fisheries and Parks may specify that a permittee:

(a) Obtain a temporary variance permit from the department; * * *

(b) Provide compensation for each fish taken for brood stock as established by the department and outlined in the permit; and

(c) Shall not sell or transport out of the state brood fish taken from state waters.

(3) The Department of Wildlife, Fisheries and Parks shall not permit the collecting of wild brood stock in any waters where the wildlife department determines that the collection is not in the long-term best interest of the resource.

(4) The Department of Marine Resources may issue permits to obtain estuarine and marine brood stock. The commission may promulgate regulations for such permits and may require a permittee to meet any requirements listed in subsection (2).

(5) The Commission on Wildlife, Fisheries and Parks and the Commission on Marine Resources may promulgate regulations which specify design criteria to protect the resources within their jurisdiction and to prevent the release of undesirable species from an aquaculture facility into the environment. * * * The Department of Wildlife, Fisheries and Parks and the Department of Marine Resources may advise the Department of Agriculture and Commerce in issuing cultivation and marketing permits. The permits shall be issued in accordance with the applicable regulations * * *. The Department of Wildlife, Fisheries and Parks, the Department of Marine Resources or the Department of Agriculture and Commerce may inspect operations licensed by cultivation and marketing permits. * * * Any violations of the regulations promulgated by the Commission on Wildlife, Fisheries and Parks or the Commission on Marine Resources shall be punishable as provided in Section 79-22-29.

SECTION 2. Section 79-22-23, Mississippi Code of 1972, is amended as follows:

79-22-23. (1) The Secretary of State, upon recommendation of the Mississippi Department of Marine Resources and the Mississippi Department of Environmental Quality may lease waters as provided by Section 29-1-107, Mississippi Code of 1972, within the jurisdiction of the state to a person for aquaculture or the production of aquatic products. The Department of Marine Resources is authorized to develop a marine aquaculture lease management program and may adopt such rules and regulations as may be necessary to implement the marine aquaculture lease management program and to regulate the growth of aquaculture.

(2) All state and governmental entities that are involved in the regulation and enforcement of marine aquaculture activities or related activities shall develop a coordinated procedure for one-stop permitting applicable to marine aquaculture activities. One-stop permitting is defined as a procedure that allows an aquaculturist to fill out a joint application form and deposit it with any of the aforementioned governmental agencies. The receiving agency shall forward the joint application * * * or copies of it to the appropriate entities for review and expeditious action. The one-stop permitting procedure document shall state the time schedules for review and action by the applicable agencies after the permit has been received and dated.

SECTION 3. This act shall take effect and be in force from and after its passage.