MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representatives Rushing, Hudson, Moore (100th), Nettles, Pierce

AN ACT TO AMEND SECTION 49-15-3, MISSISSIPPI CODE OF 1972, TO CLASSIFY REDFISH AS A GAME FISH; TO AMEND SECTION 49-15-71, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MINIMUM LEGAL SIZE OF REDFISH; TO AMEND SECTION 49-15-76, MISSISSIPPI CODE OF 1972, TO PERMIT REDFISH TO BE SOLD IN THIS STATE IF OBTAINED FROM A STATE WHICH IT MAY LAWFULLY BE CAUGHT AND SOLD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-3, Mississippi Code of 1972, is amended as follows:

49-15-3. As used in this chapter, the term:

(a) "Commission" means the Mississippi Commission on Marine Resources.

(b) "Department" means the Department of Marine Resources.

(c) "Domicile" means a person's principal or primary place of abode in which a person's habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile in the State of Mississippi shall be on the person claiming that status. A person holding a current driver's license shall be deemed to be domiciled within the state issuing the license. If a person does not hold a current driver's license the following evidence may be considered in establishing, but is not necessarily determinative of domicile: residence for income or other tax purposes, homestead exemption receipt or other means prescribed by the commission. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile.

(d) "Game fish" means:

(i) Cobia, also known as ling or lemonfish (rachycentron canadum). The cobia is classified as game fish.

(ii) Redfish, also known as red drum (sciaenops ocellatus). Redfish is classified as game fish.

(e) "Illegal oysters" means:

(i) All untagged shell stock;

(ii) Shell oysters obtained from uncertified shops or dealers or from an unlicensed catcher;

(iii) Oysters obtained from waters not declared safe and sanitary by the department, except those oysters caught by the commission for re-laying or under private leases pursuant to Section 49-15-27;

(iv) Shucked oysters obtained from uncertified shops or repackers.

(f) "Inspector" means the chief inspector, the assistant chief inspector, deputy inspector, bureau director and certified enforcement officer employed by the department.

(g) "Natural reefs" means any bottom under the jurisdiction of the commission of one or more acres on which oysters grow naturally, or have grown naturally, in a quantity sufficient to warrant commercial fishing as a means of livelihood, or have been used in such a manner within a period of ten (10) years next preceding the time the bottoms may come up for determination by the commission.

(h) "Resident" means a person, firm or corporation that is domiciled in this state.

(i) "Seafood" means all oysters, saltwater fish, saltwater shrimp, diamondback terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi.

(j) "Tonging reefs" means any bottom under the jurisdiction of the commission designated by the commission as an area in which oysters may only be taken by use of hand tongs.

SECTION 2. Section 49-15-71, Mississippi Code of 1972, is amended as follows:

49-15-71. (1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.

(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes. However, the minimum legal size of redfish shall be sixteen (16) inches.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

(4) For the purposes of this section, the term "redfish" means red drum or sciaenops ocellatus.

(5) Nothing in this section shall be construed as prohibiting the catching of redfish, which is classified as a game fish under Section 49-15-3, with a hook and line with one or more hooks, or by use of a trotline or troll line as provided in Section 49-7-81 for sportfishing purposes.

SECTION 3. Section 49-15-76, Mississippi Code of 1972, is amended as follows:

49-15-76. (1) It is unlawful for any person to sell, barter or trade or to offer for sale, barter or trade any game fish enumerated in Chapter 15 of Title 49, Mississippi Code of 1972.

(2) Cobia and redfish may be sold in this state if the cobia or redfish are purchased from a state in which it may lawfully be caught and sold. Any individual, partnership, corporation or other entity which sells cobia or redfish in this state shall maintain documentation showing the state of purchase and date of purchase of cobia or redfish for a period of sixty (60) days from the date of purchase of the cobia or redfish. The Department of Marine Resources or any other law enforcement agency with which the department has a cooperating agreement may require any seller of cobia or redfish to document the date and state of purchase.

(3) Any person who cultivates a game fish as permitted under the Mississippi Aquaculture Act of 1988 may sell the game fish in accordance with the marine aquaculture program.

(4) A person who violates this section shall be punished as provided in Section 49-15-63.

SECTION 4. This act shall take effect and be in force from and after its passage.