MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

House Bill 1464

(As Sent to Governor)

AN ACT TO AMEND SECTION 49-15-100.3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE POSSESSION OF A GILL NET, TRAMMEL NET OR LIKE CONTRIVANCE OR OTHER EQUIPMENT PROHIBITED UNDER THE STATE SEAFOOD LAWS IN A VESSEL SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ITS USE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-100.3, Mississippi Code of 1972, is amended as follows:

49-15-100.3. The possession of a gill net, trammel net or like contrivance, or any other equipment prohibited for use in the taking or harvesting of seafood under this chapter on a vessel on the marine waters of this state where the use of the net, contrivance or equipment is prohibited, shall constitute prima facie evidence that an offense has been committed to take or harvest seafood with nets, contrivances or equipment prohibited by this chapter, unless the vessel is:

(a) Anchored or moored at a permanent facility

intended for the mooring of vessels;

(b) Traveling directly between a marina, harbor or public boat launching facility and a United States Coast Guard marked and maintained navigation channel; or

(c) Traveling within a United States Coast Guard marked and maintained navigation channel.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.