MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ports and Marine Resources; Judiciary

By: Senator(s) Hewes

AN ACT TO AMEND SECTION 49-15-63, MISSISSIPPI CODE OF 1972, TO REVISE THE GENERAL PENALTIES FOR SEAFOOD VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-63, Mississippi Code of 1972, is amended as follows:

49-15-63. (1) Any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the commission, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than One Thousand Dollars ($1,000.00), nor more than Two Thousand Dollars ($2,000.00); and not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and * * * Five Thousand Dollars ($5,000.00) * * *, or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense and also upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall issue to such person and for the boat to engage in catching or taking of any seafoods from the waters of the State of Mississippi for a period of one (1) year following such conviction. Forfeiture of any equipment or nets used in a second or subsequent offense may be instituted pursuant to Sections 49-7-251 through 49-7-257. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated. Equipment as used in this section shall not mean boats or vessels. Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for suspension or other reduction of sentence. Except as provided under subsection (5) of Section 49-15-45, any fines collected under this section shall be paid into the Seafood Fund.

(2) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.

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