Senate Bill NO. 2756

By Representative(s) Committee

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

49-15-15. (1) In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding the regulation of seafood:

(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;

(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedures Law and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;

(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site where the department inspects seafood processing plants. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer and the executive director of the department shall enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;

(d) To set standards of measure;

(e) To set requirements for employment of * * * commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;

(f) To acquire and dispose of commission equipment and facilities;

(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the commission under this chapter;

(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;

(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;

(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the cork line, and to prescribe the length at the lead line for each rig, net or try-trawl;

(k) To destroy or dispose of equipment or nets which have been lawfully seized by the commission and which are not sold under Section 49-15-65;

(l) To open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs and set size, catching and taking regulations for all types of seafood and culling regulations for oysters, except as otherwise specifically provided by law;

(m) To utilize the resources of the Gulf Coast Research Laboratory to the fullest extent possible; * * *

(n) To develop a resource management plan to preserve * * * seafood resources and to ensure a safe supply of these resources;

(o) To prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resource studies; (p) To suspend the issuance of licenses when necessary to impose a moratorium to conserve a fishery resource;

(q) To promote, construct, monitor and maintain artificial fishing reefs in the marine waters of the State of Mississippi and in adjacent federal waters; to accept grants and donations of money or materials from public and private sources for such reefs; and to apply for any federal permits necessary for the construction or maintenance of artificial fishing reefs in federal waters; and

(r) To restrict the possession of unauthorized fishing devices in areas where their use is prohibited.

(2) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.

SECTION 2. Section 49-15-16, Mississippi Code of 1972, is amended as follows:

49-15-16. The commission * * * may develop a limited entry fisheries management program for all resource groups. The commission may require a license for each resource group and shall establish the fees for such licenses. The commission may establish a means test or any other criteria to determine eligibility for licenses under the limited entry program. The commission may impose a moratorium on the issuance of licenses for a fishery resource.

SECTION 3. Section 49-15-29, Mississippi Code of 1972, is amended as follows:

49-15-29. (1) The commission shall assess and collect, license fees and taxes as authorized under this chapter.

(2) All commercial licenses provided for under this chapter that relate to * * * seafood shall be purchased from May 1 through April 30 at the fees herein provided. The licenses shall expire on April 30 following the date of issuance.

(3) When an application for an original or renewal license of any kind authorized by this chapter is received by the commission, the commission shall determine whether the vessel or related equipment subject to that license is owned and operated in compliance with applicable federal and state laws. If the commission determines that a vessel or its owner is not in compliance with applicable federal and state laws, then no license shall be issued or renewed for the operation of that vessel for a period of one (1) year. All licenses shall be made available for purchase at any building which is regularly operated by the department or commission on the Mississippi Gulf Coast.

(4) The commission may authorize any person, other than a salaried employee of the state to issue any license under this chapter which the commission deems appropriate. The authorized person may collect and retain for issuance of the license the sum of One Dollar ($1.00) in addition to the license fee provided in this chapter. The commission shall establish the qualifications of persons authorized to issue licenses under this section and shall also establish the procedure for the issuance of that license by the authorized person and the procedure for collection of license fees by and from the authorized person.

SECTION 4. 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 gathering oysters by hand; 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 gathering oysters by hand; 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. The commission may adopt regulations regarding the tagging of oysters and other shellfish.

(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) Commercial and recreational harvesters - Fifteen Cents (15¢) per sack paid to the department on the day of harvest; and

(b) Initial oysters processor, dealer or factory first purchasing the oysters - Fifteen Cents (15¢) per sack paid to the department no later than the tenth day of the month following the purchase, or 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, including planting of oysters and other cultch materials, or both.

During open seasons, oysters may be taken only by hand, tongs and dredges.

SECTION 5. Section 49-15-303, Mississippi Code of 1972, is amended as follows:

49-15-303. The commission shall have the following powers and duties:

(a) To formulate the policy of the department regarding marine resources within the jurisdiction of the department;

(b) To enter into and authorize the executive director to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission;

(c) To adopt, amend or repeal any rules and regulations necessary for the operation of the commission and the department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood; and

(d) To discharge * * * other duties and powers as are necessary to implement state policy regarding marine resources.

SECTION 6. Section 49-15-305, Mississippi Code of 1972, is amended as follows:

49-15-305. (1) The commission shall submit three (3) nominees for the position of executive director to the Governor. The Governor shall appoint the executive director from the list of nominees with the advice and consent of the Senate. The commission may remove the executive director from office for good cause. The executive director shall be knowledgeable and experienced in marine resources management.

(2) The executive director of the department shall have the following powers and duties:

(a) To supervise and direct all administrative, inspection and technical activities and personnel of the department;

(b) To employ qualified professional personnel in the subject matter or fields, and any other technical and clerical staff as may be required for the operation of the department;

(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;

(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at any other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;

(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for the purposes by the Legislature; and

(f) To carry out all regulations and rules adopted by the commission and enforce all licenses and permits issued by the department.

SECTION 7. Section 49-15-307, Mississippi Code of 1972, is amended as follows:

49-15-307. The department shall have the following powers and duties:

(a) To implement the policy of the commission regarding marine resources within the jurisdiction of the department;

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the marine resources of this state in a manner to insure efficiency and sustained productivity; * * *

(d) To issue permits and licenses authorized by law or regulation;

(e) To equip and supply check stations, remote duty stations and personnel for extended duty;

(f) To develop programs to enhance the marketing of the state's recreational and commercial marine resources;

(g) To provide gear, insignias, and otherwise equip personnel subject to the amount appropriated for those purposes; and

(h) To discharge any other duties, responsibilities and powers as are necessary to implement * * * this article.

SECTION 8. This act shall take effect and be in force from and after July 2, 1999.

AN ACT TO AMEND SECTIONS 49-15-15, 49-15-16, 49-15-303, 49-15-305 AND 49-15-307, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DUTIES OF THE COMMISSION, DEPARTMENT AND EXECUTIVE DIRECTOR OF MARINE RESOURCES; TO AMEND SECTION 49-15-29, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL REVISION RELATING TO COMMERCIAL LICENSES; TO AMEND SECTION 49-15-46, MISSISSIPPI CODE OF 1972, TO CLARIFY TAKING OF OYSTERS BY HAND AND TO REVISE THE FEES CHARGED FOR OYSTERS SHELL RETENTION; AND FOR RELATED PURPOSES.