MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ports and Marine Resources

By: Senator(s) Hewes

AN ACT TO AMEND SECTION 49-15-38, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS FOR RETENTION OF OYSTER SHELLS; TO AMEND SECTION 49-15-46, MISSISSIPPI CODE OF 1972, TO REVISE OYSTER SHELL RETENTION FEES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-38, Mississippi Code of 1972, is amended as follows:

49-15-38. (1) (a) Unless otherwise permitted by the commission, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the public reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.

(b) The commission may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections, collect fees and issue tags in the enforcement of * * * this chapter and regulations adopted by the commission.

(2) The commission shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters. * * *

(3) Any person, firm or corporation failing or refusing to * * * pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells they fail or refuse * * * to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter for a period of two (2) years from the date of conviction.

(4) The * * * planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. Planting and replanting of oyster shells shall be coordinated by the Gulf Coast Research Laboratory. The governing authorities of each county and municipality bordering upon the Mississippi Sound may assist the commission and the Gulf Coast Research Laboratory in the planting and replanting of oyster shells. * * *

SECTION 2. Section 49-15-46, Mississippi Code of 1972, is amended as follows:

49-15-46. (1) Each in-state vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, shall annually, before beginning operations, be licensed by the commission and pay the following license fee:

(a) Fifty Dollars ($50.00) on all vessels or boats utilized for tonging oysters; or

(b) One Hundred Dollars ($100.00) on all vessels or boats utilized for dredging oysters.

(2) Each out-of-state vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, must annually, before beginning operations, be licensed by the commission and pay the following license fee:

(a) One Hundred Dollars ($100.00) on all vessels or boats utilized for tonging oysters; or

(b) Two Hundred Dollars ($200.00) on all vessels or boats utilized for dredging oysters.

(3) All oysters harvested in the State of Mississippi shall be tagged. Tags shall be issued by the department and shall bear the catcher's name, the date and origin of the catch, the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record of those tags.

(4) Each person catching or taking oysters from the waters of the State of Mississippi for personal use shall obtain a permit from the commission and pay an annual recreational oyster permit fee of Ten Dollars ($10.00). Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in subsection (3) of this section for commercially harvested oysters or by regulation of the commission.

(5) The commission shall assess and collect a shell retention fee * * * for the shells taken from waters within the territorial jurisdiction of the State of Mississippi * * * as follows:

(a) Resident Harvesters Twenty Cents (20¢) per sack paid to the department the day of harvest;

(b) Non-resident Harvesters One Dollar ($1.00) per sack paid to the department the day of harvest;

(c) Recreational Harvesters Twenty Cents (20¢) per sack paid to the department the day of harvest;

(d) Initial oyster processor, dealer or factory first purchasing the oysters Twenty Cents (20¢) per sack paid to the department no later than the tenth day of the month following the purchase, on forms submitted by the department.

Funds received from the shell retention fee shall be paid into a special fund in the State Treasury to be appropriated by the Legislature for use by the commission to further oyster production in this state.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.