MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

AN ACT TO AMEND SECTION 49-15-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON MARINE RESOURCES TO ALLOW DREDGING ON AREAS DESIGNATED AS TONGING REEFS FOR A LIMITED TIME FOR THE PROPER MANAGEMENT OF THE RESOURCE; TO AMEND SECTION 49-15-3, MISSISSIPPI CODE OF 1972, IN CONFORMANCE THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-39, Mississippi Code of 1972, is amended as follows:

49-15-39. (1) It is unlawful for any person to catch or take oysters by means of dredging in any of the waters designated as tonging reefs by the commission.

(2) The commission shall designate certain areas as tonging reefs. The commission shall mark the boundaries of the areas designated by appropriate poles, stakes or buoys of material that will not injure watercraft. The commission may authorize the taking of oysters on reefs designated as tonging reefs by dredge, drag or scoop if the commission finds that the dredging, dragging or scooping is necessary to manage the resource properly. Any dredging, dragging or scooping authorized under this section shall be for a specific time period as provided by the commission.

(3) Unless otherwise authorized under this section, any boat or vessel which catches or takes oysters by means of dredges, drags or scoops, other than hand tongs, from any of the areas described in this section, or with a dredge or dredges in the water, shall have all oysters on board the boat or vessel * * * declared to be contraband. The oysters shall be taken and confiscated by the department or any marine law enforcement officer without court procedure. The captain and crew of the boat or vessel, promptly upon being ordered so to do, shall transport the oysters to a point on the public reefs of the state where the boat or vessel is found and there scatter the oysters according to the instructions of the enforcement officers. Any person who violates this section shall be punished as provided in Section 49-15-63.

SECTION 2. 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 cobia, also known as ling or lemonfish (rachycentron canadum). The cobia 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 * * * be taken by use of hand tongs, as provided in Section 49-15-39.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.