MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Marine Resources
By: Representative Frierson
AN ACT TO BRING FORWARD SECTIONS 49-15-3, 49-15-5, 49-15-7, 49-15-9, 49-15-11, 49-15-15, 49-15-16, 49-15-17, 49-15-18, 49-15-19, 49-15-21, 49-15-22, 49-15-23, 49-15-25, 49-15-27, 49-15-28, 49-15-29, 49-15-30, 49-15-31, 49-15-34, 49-15-35, 49-15-36, 49-15-37, 49-15-38, 49-15-39, 49-15-40, 49-15-41, 49-15-42, 49-15-43, 49-15-44, 49-15-45, 49-15-46, 49-15-61, 49-15-63, 49-15-64.1, 49-15-64.2, 49-15-64.3, 49-15-64.4, 49-15-64.5, 49-15-65, 49-15-67, 49-15-69, 49-15-71, 49-15-73, 49-15-74, 49-15-75, 49-15-76, 49-15-77, 49-15-78, 49-15-79, 49-15-80, 49-15-83, 49-15-84, 49-15-84.1, 49-15-86, 49-15-87, 49-15-89, 49-15-91, 49-15-92, 49-15-93, 49-15-94, 49-15-95, 49-15-96, 49-15-97, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-313, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF AMENDMENT; 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 brought forward 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 2. Section 49-15-5, Mississippi Code of 1972, is brought forward as follows:
49-15-5. All seafoods existing or living in waters within the territorial jurisdiction of the State of Mississippi not held in private ownership legally acquired, and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within such territorial jurisdiction, including all oysters and other shell fish and parts thereof grown thereon, either naturally or cultivated, shall be, continue, and remain the property of the State of Mississippi, to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form hereinafter authorized, and the same shall be under the exclusive control of the commission until the right of private ownership shall vest therein as hereinafter provided.
SECTION 3. Section 49-15-7, Mississippi Code of 1972, is brought forward as follows:
49-15-7. All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the commission.
SECTION 4. Section 49-15-9, Mississippi Code of 1972, is brought forward as follows:
49-15-9. The sole right of planting, cultivating in racks or other structures, and gathering oysters and erecting bathhouses and other structures in front of any land bordering on the Gulf of Mexico or Mississippi Sound or waters tributary thereto belongs to the riparian owner and extends not more than seven hundred fifty (750) yards from the shore, measuring from the average low water mark, but where the distance from shore to shore is less than fifteen hundred (1500) yards, the owners of either shore may plant and gather to a line equidistant between the two (2) shores, but no person shall plant in any natural channel so as to interfere with navigation, and such riparian rights shall not include any reef or natural oyster bed and does not extend beyond any channel. A riparian owner shall comply with the Coastal Wetlands Protection Act in exercising the use of these riparian rights. Stakes of such frail materials as will not injure any watercraft may be set up to designate the bounds of the plantation, but navigation shall not be impeded thereby. The riparian owner shall clearly mark such cultivation racks and other structures. The commission may adopt regulations to require that the racks are adequately marked to ensure the safety of users of public waters. Any oysters planted by such riparian owner are the private property of such riparian owner, subject to the right of the commission to adopt reasonable rules and regulations as to the planting and gathering of such oysters. All bathhouses, piers, wharfs, docks and pavilions, or other structures owned by riparian owner are likewise the private property of such owner, who shall be entitled to the exclusive use, occupancy and possession thereof, and may abate any private or public nuisance committed by any person or persons in the area of his riparian ownership and may, for such purposes, resort to any remedial action authorized by law. The governing authorities of any municipality and the board of supervisors of any county are authorized to adopt reasonable rules and regulations to protect riparian owners in the enjoyment of their riparian rights, and for such purposes may regulate the use of beaches, landings, and riparian areas abutting or fronting on roads, streets or highways.
SECTION 5. Section 49-15-11, Mississippi Code of 1972, is brought forward as follows:
49-15-11. (1) The Mississippi Department of Marine Resources is hereby established and full power is vested in the department to manage, control, supervise, enforce and direct any matters pertaining to saltwater aquatic life and marine resources under the jurisdiction of the commission. The Department of Wildlife, Fisheries and Parks shall transfer all powers, duties, employees, equipment, buildings, facilities, inventory and resources of the marine law enforcement division to the Department of Marine Resources.
(2) The Executive Director of the Department of Marine Resources shall have the authority to internally reorganize the Department of Marine Resources with persons meeting established qualifications for comparable positions of duty and responsibility including, but not limited to, the deputy director, division chiefs, biologists and other personnel. For a period of one (1) year after July 1, 1994, the personnel actions of the executive director shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive director flexibility in making an orderly, effective and timely reorganization of the Department of Marine Resources.
(3) Whenever the terms "Mississippi Marine Conservation Commission," "Marine Conservation Commission," "Bureau of Marine Resources" and "Mississippi Marine Resources Council" appear in any state law, they shall mean the "Mississippi Commission on Marine Resources."
SECTION 6. Section 49-15-15, Mississippi Code of 1972, is brought forward 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, the Commissioner of Agriculture and the executive director of the department may 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; and
(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.
(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 7. Section 49-15-16, Mississippi Code of 1972, is brought forward 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 8. Section 49-15-17, Mississippi Code of 1972, is brought forward as follows:
49-15-17. (1) (a) All monies received or obtained by the commission under the provisions of this chapter shall be paid over by the commission to the State Treasurer and shall be deposited into the fund known as the "Seafood Fund." All revenues collected through the department, to include, but not limited to, commercial saltwater licenses and taxes, permits, fines and penalties, and confiscated catches, shall be deposited into the department operating account (Seafood Fund) and expended for the operation of the department, as authorized by the Legislature.
(b) There is established a special account to be known as the "Artificial Reef Program Account" within the Seafood Fund. Any funds received from any public or private source for the purpose of promoting, constructing, monitoring or maintaining artificial reefs in the marine waters of the state or in federal waters adjacent to the marine waters of the state shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purpose of the account.
(c) There is established a special account to be known as the "Coastal Preserve Account" within the Seafood Fund. Any funds received from any public or private source for the purpose of management, improvement and acquisition of coastal preserves in the state and money required to be deposited pursuant to Sections 27-19-56.10 and 27-19-56.27, shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, for the management, improvement and acquisition of coastal preserves.
(2) The fund shall be treated as a special trust fund and interest earned on the principal shall be credited to the fund.
(3) The secretary of the commission shall keep accurate reports of monies handled as a part of the permanent records of the commission, and the State Treasurer shall furnish the secretary of the commission such forms as may be needed, and the secretary shall account for such forms in his reports to the Treasurer.
SECTION 9. Section 49-15-18, Mississippi Code of 1972, is brought forward as follows:
49-15-18. The executive director of the department shall publish an abstract copy of this chapter and all subsequent amendments to this chapter and all rules and regulations promulgated by the commission under this chapter. The department may distribute the publication to all persons requesting a copy and to each licensee at the time of issuance of the license. New regulations and amendments to this chapter may be supplied to each licensee within a reasonable time after their promulgation or passage. The department may charge a reasonable fee not to exceed actual cost for its publications.
SECTION 10. Section 49-15-19, Mississippi Code of 1972, is brought forward as follows:
49-15-19. The Attorney General shall be counsel and attorney for the commission and department and shall provide legal services as may be requested. The executive director is authorized to employ legal counsel, after consultation with the Attorney General, as may be necessary or appropriate for the operation of the department.
SECTION 11. Section 49-15-21, Mississippi Code of 1972, is brought forward as follows:
49-15-21. (1) The executive director shall appoint the necessary enforcement officers for the administration of this chapter. The salary of all enforcement officers employed shall be as determined by the State Personnel Board. However, the members of the Enforcement Officers' Reserve Unit created in subsection (4) shall serve without pay, and shall not be employees of the State of Mississippi for purposes of the State Personnel System, the Workers' Compensation Law, the Public Employees' Retirement System or the State Employees Life and Health Insurance Plan.
(2) All enforcement officers shall be experienced and qualified persons thoroughly familiar with the seafood business and shall be at least twenty-one (21) years of age and be a high school graduate or its equivalent. The enforcement officers shall diligently enforce all laws and regulations for the protection, propagation, preservation or conservation of all saltwater aquatic life of the State of Mississippi, and they are hereby constituted peace officers of the State of Mississippi, with full police power and jurisdiction to enforce all laws of the State of Mississippi and all regulations adopted and promulgated by the commission. Enforcement officers may exercise such powers in any county of the State of Mississippi and on any waters of the state, and they are hereby authorized to carry firearms or other weapons, concealed or otherwise, and they shall investigate all persons, corporations and otherwise who are alleged to have violated any laws, and make affidavits, arrests and serve papers of any court of competent jurisdiction, in like manner as is provided for sheriffs and deputy sheriffs, when the same shall be in connection with the enforcement of the seafood laws of the State of Mississippi and such other laws and regulations of this state as the commission may designate. The enforcement officers may seize at any time aquatic life caught, taken or transported in a manner contrary to the laws of this state, and may confiscate and dispose of the same. Any net or other paraphernalia used or employed in connection with a violation may be seized, and forfeiture proceedings may be instituted. Enforcement officers may draft the aid of captains, crews and boats or licensed vessels to enforce this chapter and may, without warrant, board and search vessels or vehicles. The application for any license or permit from the commission to catch, fish, take, transport or handle or process any form of aquatic life, or the taking, catching, transporting or handling or processing of any and all aquatic life in this state shall constitute acquiescence and agreement upon the part of the owners, captains and crews, employers and dealers to the provisions of this chapter and the agreement that enforcement officers may exercise the authority granted under the provisions hereof.
(3) Prior to entering into performance of their duties or delegations or as soon after appointment as possible, each enforcement officer, at the expense of the commission, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or other law enforcement training program approved under Section 45-6-7. However, members of the Enforcement Officers' Reserve Unit created in subsection (4) of this section may attend the Mississippi Law Enforcement Officers' Training Academy at the expense of the commission if it deems the training necessary or desirable. No enforcement officer shall be entitled to payment of salary after the first six (6) months in office if he has either failed to attend the academy or has failed to comply with other qualifications or successfully complete any law enforcement qualification examinations as the director deems necessary. The enforcement officers shall, on a periodic basis, be required to attend additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.
(4) (a) There is hereby created an Enforcement Officers' Reserve Unit, hereinafter termed "the reserve," to assist the enforcement officers in the performance of their duties under this chapter. The reserve shall consist of volunteers who are approved by the Executive Director of the Department of Marine Resources or his designee. The members of the reserve shall serve without pay. Reserve officers shall be in such numbers as determined by the enforcement needs, with the maximum strength of reserve officers limited to the same number as enforcement officers.
(b) To be eligible for membership in the reserve, an applicant must be twenty-one (21) years of age, be a high school graduate or its equivalent, be in good physical condition, have a Mississippi driver's license, be in good standing with the community, be available for training and duty, not be a member of any police, auxiliary police, civil defense, or private security agency, have never been convicted of a felony, and have one (1) of the following:
(i) An honorable discharge or honorable separation certificate from one (1) of the United States military services;
(ii) Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons;
(iii) Successful completion of sixty (60) semester hours at an accredited college or university; or
(iv) The qualifications as are outlined in this section for enforcement officers.
Members of the immediate family of enforcement officers shall not be eligible for the reserve unless a special waiver is granted.
Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as enforcement officers.
(c) The reserve shall be under the leadership and direction of the executive director or his designee. The training of the reserve shall be conducted by an enforcement officer. The reserve shall meet at least once each month for the purpose of training and transacting any business as may come before it. The executive director shall be notified in writing of all meetings of the reserve and the time and place of the meetings shall be recorded with the executive director. The executive director shall prepare a reserve officer's manual with the advice and consent of the commission. The manual shall include, but is not limited to, the following: activities and operations, training, administration and duties. During active service, the reserve shall be under the direction of the executive director or his designated representative. When a reserve officer is on active duty and assigned to a specific enforcement officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the executive director and may be dismissed by him. Reserve officers shall furnish their own uniforms and other personal equipment if the executive director does not provide such items.
(d) The executive director may require members of the Enforcement Officers' Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies.
(e) The executive director may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The executive director may develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.
(f) If the executive director determines that a member of the Enforcement Officers' Reserve Unit may attend a training program as authorized under this section, it shall require that reserve officer to sign an agreement, prior to attending a training program, which shall stipulate that if the reserve officer accepts employment from any other public or private law enforcement agency within three (3) years after completion of his training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the department for the total cost of his training program. By October 1 of each year, the department shall provide the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Ports and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.
SECTION 12. Section 49-15-22, Mississippi Code of 1972, is brought forward as follows:
49-15-22. Each person employed as a marine patrol officer by the Mississippi Department of Marine Resources who retires for superannuation or for reason of disability under the Public Employees' Retirement System may, upon his request, be allowed to retain, as his personal property, one (1) side arm which was issued to him during his service, if funds are available for this purpose.
SECTION 13. Section 49-15-23, Mississippi Code of 1972, is brought forward as follows:
49-15-23. (1) (a) The Mississippi Commission on Marine Resources and the Commission on Wildlife, Fisheries and Parks are hereby authorized and empowered to establish the dividing line between salt and fresh waters, and when such line has been established and notice thereof given as provided herein, it shall be recognized in the courts in connection with any proceedings under the game and fish laws of this state. Such line may be changed from time to time by the Mississippi Commission on Marine Resources and the Commission on Wildlife, Fisheries and Parks on proper publication of such changes.
(b) In establishing the dividing line between salt and fresh waters, no part of the Bay of St. Louis shall be declared to be fresh water.
(c) In establishing the dividing line between salt and fresh waters, none of the waters within the municipal boundaries of the City of Pascagoula, as they existed on January 1, 1981, shall be declared to be fresh water.
(d) In establishing the dividing line between salt and fresh waters, no part of Bayou Cassotte and its tributaries, Bang Bayou and its tributaries, Bayou Cumbest and its tributaries, Crooked Bayou, Middle Bayou and that part of Heron Bayou with its tributaries which lie in the State of Mississippi shall be declared to be fresh water.
(2) Whenever any dividing line is established or changed as above provided, notice shall be given to the public by publication for three (3) weeks in a newspaper published and having general circulation in the county or counties affected thereby, and a description of the dividing line shall be filed in the office of the chancery clerk of such counties or county.
SECTION 14. Section 49-15-25, Mississippi Code of 1972, is brought forward as follows:
49-15-25. The commission may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the commission in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
SECTION 15. Section 49-15-27, Mississippi Code of 1972, is brought forward as follows:
49-15-27. The commission is hereby granted full and complete authority to lease the bottoms within its jurisdiction upon the following terms and conditions:
(1) All areas within the commission's jurisdiction, not designated tonging reefs by this chapter, or hereinafter designated tonging reefs by the commission; all areas not designated natural reefs by the commission, and all areas not within the boundaries of riparian property owners may be leased by the commission.
(2) All individual lessees shall be residents of the State of Mississippi, or if a firm or corporation, such firm or corporation shall be organized under the laws of the State of Mississippi.
(3) No individual, corporation, partnership or association may lease less than five (5) acres nor more than one hundred (100) acres; provided, however, that in the case of an individual there shall not be counted towards such limitation any lands leased by a corporation, partnership or association in which such individual owns ten percent (10%) or less interest and, in the case of a corporation, partnership or association, there shall not be counted toward such limitation any lands leased by an individual stockholder, partner or associate thereof who owns ten percent (10%) or less interest in such corporation, partnership or association.
(4) Individuals, firms or corporations desiring to lease bottoms shall make application to the commission in writing, describing the area to be leased, and the price proposed to be paid therefor.
(5) The commission shall consider such applications in the order in which each is filed and award, as promptly as possible, and after advertising and receiving sealed bids as provided herein, execute and deliver to the applicant a lease to the area described in the application upon payment of the rent in advance.
(6) Such leases shall be for a term of one (1) year, with the right of lessee to renew the lease of an additional year, and from year to year, at the same ground rental so long as lessee actively cultivates and gathers oysters, and complies with the provisions of this chapter, provided that no lease shall be renewed for more than twenty-five (25) years total unless it is rebid. In any such rebidding, if the successful bidder is someone other than the lessee, the successful bidder shall, before taking possession of the leased bottoms, pay to the lessee the fair market value of the lessee's oysters in place as determined by the commission. If the lessee is prevented from gathering oysters from the area leased, by storm or other natural phenomenon, he, nevertheless, may renew the lease if the grounds are actively worked by lessee during the remaining term of his lease. No lease may be transferred without approval by the commission of the transfer.
(7) The commission shall fix a ground rental at not less than One Dollar ($1.00) per acre.
(8) The commission shall keep an accurate chart of the areas within its jurisdiction and shall mark on such chart those areas which are under lease. All leases shall be marked by appropriate poles, stakes or buoys of such material as will not injure watercraft, at the expense of the leaseholder. The commission shall keep an accurate book, designated "Mississippi Oyster Farms" which shall contain copies of all leases. If any lease be cancelled or expired, such fact shall be noted on the face of such lease. Lessees shall be "oyster farmers" for the purposes of any grants, aid, subsidies or other assistance from the federal government or other governmental or private agencies.
(9) All funds derived from leasing shall be paid into the general fund of the State Treasury.
(10) All leases made by the commission under the authority of this section shall be subject to the paramount right of the state and any of its political subdivisions authorized by law, to promote and develop ports, harbors, channels, industrial or recreational projects, and all such leases shall contain a provision that in the event such authorized public body shall require the area so leased or any part thereof for such public purposes, that the lease shall be terminated on reasonable notice fixed by the commission in such lease. On the termination of any lease, the lessees shall have the right to remove any oysters within the leased area within such time as may be fixed by the commission and in accordance with such reasonable rules and regulations as the commission may adopt.
Any person convicted of taking oysters from leased land or from waters that are not of a safe sanitary quality without a permit as provided in Section 49-15-37 shall, on the first offense, forfeit all equipment used, exclusive of any boat or boats; and be fined not to exceed Two Thousand Dollars ($2,000.00) or sentenced not to exceed one (1) year in the county jail, or both. Subsequent convictions shall be punishable by forfeiture of all equipment, including any boat or boats; and a fine not to exceed Five Thousand Dollars ($5,000.00) or not to exceed two (2) years in prison, or both such fine and imprisonment.
No lease of any area shall be made unless and until the commission shall have given at least fifteen (15) days' public notice of its intention to lease such area, such notice to be given by publication in a newspaper of general circulation in such county. In the awarding of such leases, the commission is authorized to exercise its discretion as to which bid is the highest responsible bid, and such leases shall be awarded under such conditions as will insure the maximum culture and propagation of oysters.
The commission is enjoined to cooperate with the Jackson County Port Authority, the Harrison County Development Commission, the Municipal Port Commission and other port and harbor agencies, so that oyster beds shall not be planted in close proximity to navigable channels. The commission or lessee shall have no right of action as against any such public body for damages accruing to any natural reef or leased reef by any necessary improvement of such channel in the interest of shipping, commerce, navigation or other purpose authorized by law.
SECTION 16. Section 49-15-28, Mississippi Code of 1972, is brought forward as follows:
49-15-28. (1) Each person buying or handling seafood secured from commercial fishermen, or from other wholesale dealers, for the purpose of resale, whether handling on a commission basis or otherwise, and every resident person shipping seafood out of the State of Mississippi on consignment or order, except fishermen shipping their own catch, shall be considered a wholesale dealer and shall obtain a license and pay an annual license fee of One Hundred Dollars ($100.00). The privilege of a wholesaler shall also include the privilege of a retailer without additional license. Where seafood is sold at retail in grocery stores and meat markets which pay a city, county or state privilege license for that operation, those grocery stores and meat markets shall not be liable for the payment of the tax above levied.
(2) Any factory or person engaged in the canning, processing, freezing, drying or shipping of oysters, fish, saltwater crabs or saltwater shrimp shall be considered a seafood processor and shall obtain a license and pay an annual privilege tax of Two Hundred Dollars ($200.00). It is unlawful for any factory or person to engage in the canning, processing, freezing, drying or shipping of oysters, fish, saltwater crabs or saltwater shrimp without first having obtained that license. The privilege of a processor shall also include the privileges of a wholesaler without additional license. The privilege tax license shall be nontransferable and a license shall be required for each factory or place of business. This license shall not apply to, nor shall the payment of the annual privilege tax of Two Hundred Dollars ($200.00) be due by, a dealer in fresh seafoods who merely preserves the seafood for future sale to prevent spoilage and is in competition with other retailers who are not required to pay this tax.
SECTION 17. Section 49-15-29, Mississippi Code of 1972, is brought forward 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 provided in this chapter. 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.
(5) The commission may design, establish, and administer a program to provide for the purchase, by electronic means, of any license, permit, registration or reservation issued by the commission or department. Any actual costs associated to provide these documents electronically may be added to the cost of the electronic program.
SECTION 18. Section 49-15-30, Mississippi Code of 1972, is brought forward as follows:
49-15-30. (1) The commission may promulgate rules and regulations for nonresident permits in order to promote reciprocal agreements with other states.
(2) The commission shall provide that residents of other states bordering on the Gulf of Mexico who are applicants for a commercial fishing license of any type as provided for in this chapter shall pay the same fee or fees that a resident of this state pays in this state for that license if the respective applicant's domicile state does not charge a greater fee or fees for a Mississippi resident than for a resident of any other state to engage in a like activity in the other state. If the applicant's domicile state does charge a greater fee or fees for residents of Mississippi than for a resident of the applicant's domicile state, then that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.
(3) The commission shall require a nonresident to purchase the same type and number of licenses and pay the same fees that are required of Mississippi residents to engage in like activity in the nonresident's state.
(4) If an applicant applies for a nonresident commercial fishing license to engage in a certain activity and the applicant's state does not issue a nonresident commercial fishing license for that activity, then the commission shall not issue such license to the applicant.
(5) Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.
SECTION 19. Section 49-15-31, Mississippi Code of 1972, is brought forward as follows:
49-15-31. (1) The commission may construct, maintain and operate all patrol stations, camps and related facilities as may be deemed necessary by the commission.
(2) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of the foreign states shall be required to pass.
SECTION 20. Section 49-15-34, Mississippi Code of 1972, is brought forward as follows:
49-15-34. (1) The commission shall require all boats used under regulation of this chapter which are also used in waters of other states and required by those states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that the licensed boats are used inside and outside the territorial waters of Mississippi. Upon the issuance of that license, the licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized by the United States Coast Guard under 46 CFR Sections 24-26 and 46 CFR Sections 175-187, shall be deemed to be in the business of interstate transportation, but this shall in no way affect the collection of other licenses and fees by the commission which would otherwise be due under this chapter. The commission shall assess and collect an annual license fee of Twenty Dollars ($20.00) on each boat engaged in operations under this subsection.
(2) Notwithstanding the provisions of this chapter, the commission shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter. The commission by regulation shall require the registration of those landings. The commission may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-28(1). This subsection shall not be construed to supersede Section 49-15-71.
SECTION 21. Section 49-15-35, Mississippi Code of 1972, is brought forward as follows:
49-15-35. Upon the request of the boards of supervisors of the respective coastal counties, the commission may adopt ordinances prohibiting the taking and catching of menhaden within certain limits of the coast line of the county so requesting, but the commission shall not fix such limits except upon request of the board of supervisors, and such limit shall not exceed two (2) miles from the shoreline, or two (2) miles from the corporate limit boundaries of any municipality bordering on the Mississippi Sound.
SECTION 22. Section 49-15-36, Mississippi Code of 1972, is brought forward as follows:
49-15-36. (1) The commission shall have full jurisdiction and control of all public and natural oyster reefs and oyster bottoms of the State of Mississippi.
(2) Public reefs may be opened for harvest of oysters during the season on a rotating basis. If the commission determines that a particular reef has been over-harvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the commission may close designated reef areas and keep them closed during the season. Reefs open for harvest during the season shall be open every Monday through Saturday, and subject to the availability of funds, the reefs shall be open on Sunday.
(3) The commission shall promulgate regulations regarding the closing of oyster reefs which are determined to be contaminated or otherwise unfit for consumption. The waters of reefs closed under this chapter shall be tested between five (5) and ten (10) days after closure. When that testing indicates the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice of that opening may be made to interested parties. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the commission, acting through the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department may limit the sale of oysters for human consumption, but all matters concerning the harvesting of oysters shall be within the jurisdiction of the commission.
(4) (a) The commission may issue special permits for the purpose of catching oysters outside the open season or in areas not normally open to harvest to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service.
(b) The commission shall promulgate rules and regulations governing the taking of oysters by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
(5) The commission shall establish a reasonable period of time for depuration of oysters replanted from contaminated waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.
SECTION 23. Section 49-15-37, Mississippi Code of 1972, is brought forward as follows:
49-15-37. By order of the commission, the director, under the direction and control of the commission, shall employ boats, crews and laborers and shall cultivate the public reefs of the state, and shall dredge the oysters in the Mississippi Sound from places where they are too thick, and shall spread them on reefs where they are too thin, and shall carry shells from the factories and spread them in places where the oyster beds can be improved and enlarged. The department may purchase other materials as may be equally suitable for the propagation of oysters. The department in cultivating the reefs, transplanting and spreading oysters and shells and other suitable materials, may expend any funds available for that purpose. In taking seed oysters, care shall be used to not injure or destroy the merchantable oysters on the reefs from which they are taken. The seed oysters shall be tonged from the "conner" or seed reefs, unless it is practicable and safe to dredge those oysters. The commission may, by orders spread on its minutes, establish new bedding grounds at those places within the boundaries of the state as it may determine, on advice of the director, or on advice of technical governmental experts, or competent aquatic biologists. On existing public reefs in which oysters exist and in waters not of a safe sanitary quality as determined by the department, the commission shall prohibit any person, firm or corporation from taking oysters from those areas. The commission shall from time to time remove the oysters from the areas and re-lay or replant them in an approved area for a period of time under Section 49-15-36 before they may be harvested. The commission may transport the oysters to an onshore, molluscan depuration facility for the purpose of proving depuration technology and for other experimental purposes. In connection with the testing of onshore, molluscan depuration technology, the commission may sell or dispose of the re-layed oysters in a manner consistent with all applicable state and federal laws and regulations. Any funds received from the sale of the oysters shall be used in a like manner as those funds received under Section 49-15-38.
If the commission finds that onshore, molluscan depuration technology proves to be successful, the commission may issue permits to private enterprise which may locate depuration facilities in Hancock, Harrison and Jackson Counties. The commission shall promulgate rules and regulations for the taking of oysters from reefs for transport to an onshore, molluscan depuration facility and for the operation of the facilities. Each depuration facility operated by private enterprise shall return oyster shells to the oyster reefs for replanting under the proper supervision of the department and under Section 49-15-38.
The commission may issue permits to persons to remove oysters by dredging or otherwise from water bottoms which are not of a safe sanitary quality for oysters for human consumption even though those areas may have been reserved for tonging only in Section 49-15-39. These areas shall be designated as seed grounds, and permits to persons shall be issued only for the purpose of transplanting oysters to privately leased Mississippi territorial waters. The commission may permit the transplanting of these seed oysters by a duly authorized public agency.
The commission may, upon certification of the department that the water bottom from which oysters are to be removed is not of a safe, sanitary quality for oyster production for human consumption and has been unsafe for a period of at least one (1) year immediately preceding certification, and upon complying with the following requirements, permit the dredging of oysters from contaminated public areas and re-laying the oysters to private leased grounds in the State of Mississippi:
(a) Permittee must hold valid lease of oyster bedding grounds in the State of Mississippi;
(b) Permittee must be bonded in compliance with the permit system established by the commission;
(c) Permittee must fulfill all permit requirements as established by the commission;
(d) Permittee shall not move oysters from one (1) contaminated area to another contaminated area;
(e) Permittee shall move oysters only to an area leased by the commission after April 13, 1977; and
(f) Permittee shall not move oysters from the contaminated area without the presence of an employee of the department at all times, from the dredging of the oysters from the contaminated areas to their deposit on private leased grounds or to an onshore, molluscan depuration facility.
Harvesting of oysters shall be permitted only during daylight hours and with the most efficient gear possible consistent with conservation requirements of not damaging the reefs. This shall include permission to use two (2) dredges per boat on contaminated areas and on private leased grounds.
Any person obtaining a permit to remove oysters from seed grounds shall post a penal bond of One Hundred Dollars ($100.00) per leased acre with the commission to be forfeited upon any violation of this section. The bond may be approved by the director of the department if the director finds the bond to be secured by sufficient property or sureties.
The commission shall regulate the amount and time of taking of oysters from seed areas and shall supervise the removal, planting and harvesting of oysters from the areas. The time set for the taking of oysters from contaminated seed areas for re-laying or replanting and the time set for the taking of oysters from private leased grounds shall be separated by not less than a period of time determined under Section 49-15-36 during which neither activity may be allowed.
The commission shall regulate the taking of oysters from contaminated seed areas and the subsequent depuration of the oysters by off-bottom techniques to protect public health, while at the same time fostering the utilization of the state's oyster resources. The regulations shall include the setting of the period of depuration for the oysters by the use of appropriate techniques and provide for an employee of the department to be present when the oysters are taken from contaminated seed areas and deposited on private lease grounds. Any person, firm or corporation engaged in the depuration of oysters by off-bottom techniques or onshore, molluscan depuration facility shall pay to the department an amount equal to the regular compensation of the employee of the department for the time the employee actually spends performing the duties.
Only persons who have been residents of Mississippi for at least five (5) years shall be eligible to obtain permits for removal of oysters from seed grounds.
The commission shall designate certain uncontaminated reefs in the state as public reefs and shall remove oysters from water bottoms which are not of a safe, sanitary quality for oyster production for human consumption and shall transport the oysters to the public reefs which shall be reserved for tonging only.
SECTION 24. Section 49-15-38, Mississippi Code of 1972, is brought forward as follows:
49-15-38. (1) (a) Unless otherwise permitted by the commission, no oysters shall be taken from the reefs of this state unless culled upon the natural reefs, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the natural reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the public reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.
(b) The commission may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections, collect fees and issue tags in the enforcement of this chapter and regulations adopted by the commission.
(2) The commission shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters.
(3) Any person, firm or corporation failing or refusing to pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each barrel of shells for which they fail or refuse to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter for a period of two (2) years from the date of conviction.
(4) The planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department. Planting and replanting of oyster shells shall be coordinated by the Gulf Coast Research Laboratory. The governing authorities of each county and municipality bordering upon the Mississippi Sound may assist the commission and the Gulf Coast Research Laboratory in the planting and replanting of oyster shells.
SECTION 25. Section 49-15-39, Mississippi Code of 1972, is brought forward 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 26. Section 49-15-40, Mississippi Code of 1972, is brought forward as follows:
49-15-40. (1) The commission may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. All reefs created or established under this section shall be public reefs. The commission may expend any monies as it deems necessary and expedient to participate in the digging of those canals. The commission may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor. To aid in the construction of any canals or ditches, the commission may exercise the right of eminent domain in the manner provided by law.
(2) The commission may construct, operate and maintain an onshore, molluscan depuration facility using any federal or special funds, other than general funds, for the purpose of testing and proving depuration technology of oysters and other molluscan shellfish. In connection with the construction, operation and maintenance of the facility, the commission may contract with any persons it deems necessary for the operation, testing, maintenance and evaluation of the facility, subject to the approval of the State Personnel Board. The commission may locate the facility on any available public properties, subject to the approval of the governing body of that jurisdiction and all other applicable state laws. Once depuration technology has been tested and proven for oysters, the commission may conduct any other tests and experiments with oysters or other shellfish as may be necessary to enhance production or quality of shellfish.
(3) The commission may lease to political subdivisions of the State of Mississippi up to one thousand (1,000) acres of water bottoms for development of oyster reefs and those political subdivisions may permit residents of the State of Mississippi to harvest oysters from the reefs. The political subdivision may charge and receive a fee for each sack of oysters harvested. The commission shall consider and approve the application of a political subdivision after determining that (a) no conflicts exist with sites requested in applications filed before the application of the political subdivision; (b) a fair and reasonable rental payment has been set; and (c) the lease will insure the maximum culture and propagation of oysters.
SECTION 27. Section 49-15-41, Mississippi Code of 1972, is brought forward as follows:
49-15-41. It shall be unlawful for any person to fish, catch or take oysters from any of the oyster reefs in the State of Mississippi by the use of any tongs, dredge, rake or other mechanical device, during the hours between sunset and sunrise of each day.
Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) and/or up to one (1) year in the county jail.
SECTION 28. Section 49-15-42, Mississippi Code of 1972, is brought forward as follows:
49-15-42. (1) All oysters caught in Mississippi territorial waters shall be tagged and unloaded in Mississippi. Before tagging and unloading, the oysters must be sacked or packaged in containers or by other methods approved by the department. However, a person is exempt from the unloading requirement if he is transporting the oysters to a state that has a reciprocity agreement with Mississippi exempting Mississippi residents from the unloading requirements of that state.
(2) The driver of any vehicle used in the transporting of oysters in the shell from outside the territorial limits of the State of Mississippi, whether the vehicle is a boat or motor vehicle, shall possess an invoice, statement or other bill of lading which bears the name of the person, firm or corporation from whom the oysters were purchased, the name of the purchaser and the number of barrels or bushels of oysters which the vehicle or vessel contains.
SECTION 29. Section 49-15-43, Mississippi Code of 1972, is brought forward as follows:
49-15-43. Oysters for sale either wholesale or retail may be packaged in glass jars covered with a screw-type top or lid of the type customarily and heretofore used in the seafood industry in the State of Mississippi, but this section shall automatically be repealed if and when such type packaging becomes prohibited by any agency of the United States government for shipment in interstate commerce.
SECTION 30. Section 49-15-44, Mississippi Code of 1972, is brought forward as follows:
49-15-44. The commission shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63.
SECTION 31. Section 49-15-45, Mississippi Code of 1972, is brought forward as follows:
49-15-45. (1) Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the commission in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such commission relating to such oyster reefs.
(2) Such municipality may, in its discretion, extend its corporate limits by continuing its boundaries at right angles to the shoreline, into the waters of the Mississippi Sound or Gulf of Mexico or waters tributary thereto to any line within the boundaries of the State of Mississippi, and may, by ordinance spread upon its minutes, provide that all violations of such laws and ordinances regulating the catching, taking and transporting of oysters shall be violations of the municipal ordinances and punishable as such.
(3) In carrying out the provisions of this section such municipality may purchase, equip and maintain a suitable patrol boat and employ and pay the salaries of a crew to operate same and officers to enforce such laws and ordinances.
(4) Neither prosecutions nor convictions by such municipality shall bar further prosecution and conviction by the commission or its officers for the same offense.
(5) All fines collected by such municipality in enforcing the provisions of this chapter shall be paid into the general fund of the municipality and all costs and expenses incurred in connection with this chapter shall be paid out of the general fund of the municipality.
(6) Officers employed or deputized by the municipality to carry out the provisions of this section shall have the right to make arrests without warrant for any violations of the laws, ordinances or regulations referred to in subsection (1) hereof, committed in the presence or in the view of such arresting officer.
(7) Nothing herein contained shall be construed to authorize any municipality to adopt any ordinances regulating catching, taking or transporting oysters. The authority vested in such municipality under this section being limited to enforcement of statutes passed by the Legislature and ordinances and regulations adopted by the commission.
SECTION 32. Section 49-15-46, Mississippi Code of 1972, is brought forward as follows:
49-15-46. (1) Each 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 each in-state vessel or boat utilized for tonging oysters or gathering oysters by hand;
(b) One Hundred Dollars ($100.00) on each in-state vessel or boat utilized for dredging oysters;
(c) One Hundred Dollars ($100.00) on each out-of-state vessel or boat utilized for tonging oysters or gathering oysters by hand; or
(d) Two Hundred Dollars ($200.00) on each out-of-state vessel or boat utilized for dredging oysters.
(2) Each captain of each commercial vessel, used for either tonging or dredging, shall purchase a license entitled "captain license - oyster" for a fee not to exceed Ten Dollars ($10.00).
(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, in its discretion, may adopt any 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;
(b) Initial oyster 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, on forms submitted by the department;
(c) Commercial harvesters transporting their catch out of the state - Fifty Cents (50˘) per sack paid to the department on the day of harvest, in addition to the fees paid in paragraph (5)(a); and
(d) Commercial harvesters not selling their oysters to a Mississippi dealer - Fifteen Cents (15˘) per sack paid to the department on the day of harvest, in addition to fees paid in paragraph (5)(a).
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, which includes plantings of oysters and/or cultch materials.
During open seasons, oysters may be taken only by hands, tongs and dredges.
SECTION 33. Section 49-15-61, Mississippi Code of 1972, is brought forward as follows:
49-15-61. The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
SECTION 34. Section 49-15-63, Mississippi Code of 1972, is brought forward as follows:
49-15-63. (1) (a) 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 One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), 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.
(b) In addition, 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 be issued to such person and for said 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 49-15-201 through 49-15-207. 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.
(c) Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for reduction of sentence.
(d) Except as provided under subsection (5) of Section 49-15-45, any fines collected under this section shall be paid into the Seafood Fund.
(e) In addition to any other penalties, the commission may suspend the license of any person convicted of a violation of this chapter and may suspend the license of any vessel used in the violation for a period not to exceed five (5) days for the first offense. For a second offense, the commission may suspend the license of such person and vessel for a period not to exceed thirty (30) days.
(2) For any violation of this chapter, the individual registered as the captain shall be subject to the penalties provided in this chapter, if that individual is aboard the vessel. If that individual is not aboard the vessel, the individual designated as the substitute captain in accordance with Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-64.5, the person, firm or corporation owning the vessel shall be subject to the penalties provided for boat captains.
(3) 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 35. Section 49-15-64.1, Mississippi Code of 1972, is brought forward as follows:
49-15-64.1. The shrimp season shall open on the first Wednesday of June. The shrimp season shall be closed from January 1 until it is opened the first Wednesday of June, except south of the intercoastal waterway. The shrimp season shall be closed south of the intercoastal waterway from May 1 until it is opened the first Wednesday of June. For the purposes of this section only, that portion of the intercoastal waterway that extends from a point south of Long Beach to a point south of Point Clear is described as follows:
Begin at green buoy or beacon number 1 which is located approximately three (3) miles north of West Point on Cat Island, thence extending southwesterly to buoy or beacon number 4P, thence southwesterly to Pass Marianne Light, thence southwesterly to buoy or beacon number 15P at the northernmost point of Merrill Coquille, thence southwesterly to buoy or beacon number 17P, thence southwesterly to buoy or beacon number 22, thence westerly to Lighthouse Point and continuing westward following the meandering of the shoreline to the boundary line of the state.
The commission, by majority vote, may open the season at an earlier or later date in designated areas only after sampling areas within its jurisdiction where shrimp may be caught for the purpose of determining the count of shrimp per pound. The commission may also, by majority vote, close certain designated areas where the shrimp count is found, by sampling, to be in excess of sixty-eight (68) per pound. The following waters are protective and staging areas for young shrimp, and are permanently closed to commercial and recreational shrimping activities:
All waters north of a line beginning at a point one-half mile due South of the shoreline at the Mississippi-Alabama state boundary; thence running westerly following the meanderings of the shoreline one-half mile therefrom to Light "5" in the Bayou Casotte Channel; thence running northerly to Light "7" in the Bayou Casotte Channel; thence running westerly following the meanderings of the shoreline one-half mile therefrom to the intersection with the Pascagoula Channel; thence running northwesterly to Beacon "50" in the Pascagoula Channel; thence running southwesterly to Beacon "49" in the Pascagoula Channel; thence running in the most direct line to the northeast point of Singing River Island; thence running westerly along the north shoreline to the northwest point of Singing River Island; thence running northwesterly to a point one-half mile due south of the mouth of Graveline Bayou; thence running westerly following the meanderings of the shoreline one-half mile therefrom to Beacon "18" in the Biloxi Bay Channel; thence running northwesterly to Beacon "22" in the Biloxi Bay Channel; thence running northwesterly to Beacon "26" in the Biloxi Bay Channel; thence running westerly to Beacon "34", exclusive of the Biloxi Channel itself; thence running westerly to Beacon "30" in the Biloxi Channel, exclusive of the Biloxi Channel itself; and thence running due South to a point on the north shore of Deer Island; thence running westerly following the north shore of Deer Island to the westernmost tip; thence running westerly in the most direct line to Biloxi Beacon "8"; thence running westerly following the meanderings of the shoreline at a distance of one-half mile therefrom to a point on the centerline of the CSX Railroad Bridge over St. Louis Bay; thence running westerly along the centerline of said bridge to a point one-half mile south of the western abutment; thence running southwesterly following the meanderings of the shoreline, at a distance of one-half mile therefrom, to a point one-half mile due East of the mouth of Bayou Caddy; thence running due West to the mouth of Bayou Caddy; thence running southwesterly following the meanderings of the shoreline to the southernmost point of the Mississippi shoreline on the east bank of the mouth of the Pearl River thence following the meanderings of the east bank of the Pearl River to a point where the east bank of the Pearl River intersects the centerline of the Highway 90 bridge; thence westerly along the centerline of the Highway 90 bridge to a point that intersects the Mississippi-Louisiana state boundary.
The redesignation of beacon numbers by the United States Coast Guard shall not alter the description of the boundary described in this section.
SECTION 36. Section 49-15-64.2, Mississippi Code of 1972, is brought forward as follows:
49-15-64.2. Any person, licensed live bait dealers, licensed live bait shrimpers and licensed commercial shrimpers shall be allowed to take shrimp in the bays of Bay St. Louis, Biloxi and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day. The cast net shall not exceed twelve (12) feet in length.
SECTION 37. Section 49-15-64.3, Mississippi Code of 1972, is brought forward as follows:
49-15-64.3. (1) It is unlawful for any person, firm or corporation to take, catch or have in their possession within territorial waters of the State of Mississippi shrimp of a size weighing in the raw state less than one (1) pound to each sixty-eight (68) shrimp, except when a valid permit or affidavit of another state identifies the catch as having been taken in non-Mississippi waters, or except in case of live bait shrimp.
(2) It is unlawful to take, catch or have in possession live bait shrimp of a size weighing in the raw state less than one (1) pound to each one hundred (100) shrimp. This provision may be changed by a two-thirds (2/3) vote of the commission. The commission may adopt rules, regulations, guidelines and other operation criteria in conjunction with licensing live bait dealers and live bait catcher boats as it deems appropriate to ensure that only bona fide operations will be licensed. The commission shall consult with existing live bait dealers and live bait catcher boat operators before adoption of any regulations and before any future changes. The commissionshall hold a public hearing in the county affected by the regulation, but if more than one (1) county is affected, then the commission shall hold a public hearing in Harrison County. The commission shall notify each live bait licensee of the public hearing at least ten (10) days prior to the hearing, by first class mail at the last known address of the licensee.
(3) If a live bait dealer or live bait catcher boat is convicted of a violation of this chapter or a duly adopted ordinance of the commission, the commission may, in addition to punishment duly adjudicated, revoke the license of the vessel or dealer to whom it is issued for a period not exceeding two (2) weeks following conviction of the first offense, not exceeding six (6) months following conviction of the second offense, and up to one (1) year following conviction of the third and subsequent offenses, if the subsequent offenses are committed within three (3) years of the first offense. Upon the revocation of the license, the commission may require the posting of a cash performance bond not to exceed One Thousand Dollars ($1,000.00) before the reissuance of that revoked license. The commission may require the forfeiture of that bond upon the subsequent conviction of any violation of this chapter or a duly adopted ordinance of the commission. If a person who posts bond under this section desires to no longer engage in the live bait business, that person shall certify that fact to the commission who shall return the bond. If that person desires to again engage in the live bait business, a cash performance bond may be required before the issuance of a license.
SECTION 38. Section 49-15-64.4, Mississippi Code of 1972, is brought forward as follows:
49-15-64.4. (1) Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat engaged in those operations. The operations shall not exceed two (2) boats per license.
(2) Each "live bait dealer" engaging in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of the applicant's "live bait catcher boat," the name of the captain of that "live bait catcher boat," the dealer's Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers shall not operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this section, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a "live bait dealer" license shall contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road and navigable waters. Applications for "live bait dealers" license must be completed and submitted to the commission between the first day of January and the last day of April of each year. Any "live bait dealer" desiring to engage in the catching of live shrimp in one (1) location and then transporting them to the dealer's licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after that verification the commission shall issue a permit authorizing the transportation of live shrimp.
SECTION 39. Section 49-15-64.5, Mississippi Code of 1972, is brought forward as follows:
49-15-64.5. (1) (a) Each freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license and pay a license fee at the following rates:
(i) Fifty Dollars ($50.00) for resident boats or vessels under thirty (30) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels under thirty (30) feet in length in overall measurements;
(ii) Seventy-five Dollars ($75.00) for resident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements;
(iii) One Hundred Dollars ($100.00) for resident boats or vessels greater than forty-five (45) feet in length in overall measurements and Two Hundred Dollars ($200.00) for nonresident boats or vessels greater than forty-five (45) feet in length in overall measurements.
(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of saltwater shrimp using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.
(2) Each recreational vessel engaging in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).
(3) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing, drying or as bait shall register the name of the captain of the vessel at the time that the vessel obtains the annual privilege license provided for in this section. The individual registered as the captain of the vessel may be substituted after notification to and the approval of the deputy director or the deputy director's designated representative. The captain shall purchase a license entitled "captain license." This license shall be purchased at the same time the vessel license is purchased. The fee for a captain license shall be a minimum of Ten Dollars ($10.00).
(4) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
SECTION 40. Section 49-15-65, Mississippi Code of 1972, is brought forward as follows:
49-15-65. The justice courts of the respective counties or county courts shall have original jurisdiction of any prosecution or suit brought under authority of this chapter, or of any violation of any ordinance duly enacted by the commission. However, from each decision or judgment, whether from a fine or imprisonment, there shall be allowed an appeal, and such appeals and trials shall be had as now provided by law.
SECTION 41. Section 49-15-67, Mississippi Code of 1972, is brought forward as follows:
49-15-67. Any person aggrieved by an order of the commission may file a written petition with the commission, setting forth the grounds of complaint and the commission shall thereupon fix the time and place for a hearing to be held, notifying the petitioner thereof. At such hearing, the petitioner and any other interested parties may appear and submit evidence. Following the hearing, if the party presenting the petition is still dissatisfied with the decision of the commission, the commission's order may be appealed to the circuit court upon proper appeal filed within ten (10) days after the final order of determination issued by the commission. The manner of taking the appeal shall be by bill of exceptions to the Circuit Court of Harrison County, Mississippi, which bill of exceptions shall be signed by the person acting as the chairman of the commission. The clerk of the commission thereof shall transmit the bill of exceptions to the circuit court on or before the first day of the next succeeding term, or at once if the court be in session; and the court shall hear and determine the same on the case as presented by the bill of exceptions as an appellate court and shall affirm or reverse the judgment. If the judgment be reversed, the circuit court shall render such judgment as the commission ought to have rendered, and certify the same to the commission, and costs shall be awarded as in other cases.
SECTION 42. Section 49-15-69, Mississippi Code of 1972, is brought forward as follows:
49-15-69. (1) Any resident citizen of the State of Mississippi (a) who is not over sixteen (16) years of age; or (b) who is sixty-five (65) years of age or more; or (c) who has been adjudged to have a service-connected one hundred percent (100%) disability, shall not be required to purchase or possess a license or permit, except as provided by subsection (2) of this section, or to pay any fee or charge when fishing for or taking for personal, noncommercial use the following: (a) crabs, (b) shrimps, or (c) oysters.
(2) The commission is hereby directed to promulgate and publish rules and regulations to implement the policy set forth in subsection (1) of this section. Such rules shall provide that persons exempted under subsection (1) of this section shall apply to the department for certification as to age or disability and shall be required to carry a certification card issued by the commission while engaged in taking above-mentioned marine life.
SECTION 43. Section 49-15-71, Mississippi Code of 1972, is brought forward 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.
(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.
SECTION 44. Section 49-15-73, Mississippi Code of 1972, is brought forward as follows:
49-15-73. It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section 49-15-71. Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972. In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
SECTION 45. Section 49-15-74, Mississippi Code of 1972, is brought forward as follows:
49-15-74. The commission shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.
SECTION 46. Section 49-15-75, Mississippi Code of 1972, is brought forward as follows:
49-15-75. (1) It shall be unlawful for any person, firm or corporation using a purse seine or having a purse seine aboard a boat or vessel within the territorial waters of the State of Mississippi to catch in excess of five percent (5%) by weight in any single set of the net or to possess in excess of ten percent (10%) by weight of the total catch any of the following species: spotted seatrout (Cynscion nebulosus); bluefish (Pomatomus saltatrix); Spanish mackerel (Scomberomorus maculatus); king mackerel (Scomberomorus cavalla); dolphin (Corphaena hippurus); pompano (Trachinotus carolinus); cobia (Rachycentron canadum); or jack crevalle (Caranx hippos).
(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972.
SECTION 47. Section 49-15-76, Mississippi Code of 1972, is brought forward 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 may be sold in this state if the cobia is purchased from a state in which it may lawfully be caught and sold. Any individual, partnership, corporation or other entity which sells cobia in this state shall maintain documentation showing the state of purchase and date of purchase of cobia for a period of sixty (60) days from the date of purchase of the cobia. 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 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 48. Section 49-15-77, Mississippi Code of 1972, is brought forward as follows:
49-15-77. (1) It is unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission.
(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-100(2), Mississippi Code of 1972.
SECTION 49. Section 49-15-78, Mississippi Code of 1972, is brought forward as follows:
49-15-78. (1) It is unlawful for a person to use a gill net, trammel net, entanglement net, or like contrivances for the taking of fish in marine waters within one-half (1/2) mile of the shoreline.
(2) A violation of this section is punishable by the penalties provided in Section 49-15-100, Mississippi Code of 1972.
SECTION 50. Section 49-15-79, Mississippi Code of 1972, is brought forward as follows:
49-15-79. (1) It is unlawful for any person, firm or corporation to use or attempt to use a purse seine for the taking of fish or to have such seine in the water within one (1) mile of the shoreline of the County of Hancock or Harrison in the State of Mississippi. The Boards of Supervisors of Hancock, Harrison and Jackson Counties shall have the authority to submit proposed regulations to the commission to regulate within their respective counties the use of and trammel nets. The commission may consider all such proposals submitted by the boards of supervisors in formulating regulations to be promulgated under this section.
(2) A person, firm or corporation convicted of a violation of this section or regulations promulgated under this section shall be punished by the penalties provided in Section 49-15-100(2), Mississippi Code of 1972.
SECTION 51. Section 49-15-80, Mississippi Code of 1972, is brought forward as follows:
49-15-80. (1) (a) All vessels to be used in catching or transporting fish in the waters of the State of Mississippi for commercial purposes shall, before beginning operations, obtain an annual license from the commission and pay a license fee according to the following schedule:
(i) All resident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of One Hundred Dollars ($100.00). All nonresident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of Four Hundred Dollars ($400.00). Each individual engaged in commercial hook and line or gig fishing must obtain a commercial fisherman license subject to the following license fees: One Hundred Dollars ($100.00) for a resident commercial fisherman license; or Four Hundred Dollars ($400.00) for a nonresident commercial fisherman license. If a duly licensed commercial hook and line or gig fishing vessel is engaged in commercial fishing, each individual aboard must possess a commercial fisherman license.
(ii) A resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Four Hundred Dollars ($400.00), on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length.
(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of fish using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.
(2) Each factory or manufacturing establishment engaging in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, shall pay a license fee of Five Hundred Dollars ($500.00).
(3) Each boat or vessel engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi.
SECTION 52. Section 49-15-83, Mississippi Code of 1972, is brought forward as follows:
49-15-83. Nothing in Sections 49-15-71 through 49-15-81 shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
SECTION 53. Section 49-15-84, Mississippi Code of 1972, is brought forward as follows:
49-15-84. (1) The commission shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking Callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft-shell crabs.
(2) The commission shall establish specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of the buoys and traps. Recreational crabbers may use no more than six (6) crab traps per household. The taking of crabs with drop nets is permitted without a license.
(3) It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time. It is not unlawful to catch those crabs unintentionally, if the crabs are immediately returned to the water.
SECTION 54. Section 49-15-84.1, Mississippi Code of 1972, is brought forward as follows:
49-15-84.1. (1) The commission may establish a closed season for the use of crab traps in the public waters of this state. The commission may designate the closed season as not less than ten (10) days nor more than thirty (30) days per year. Any crab trap remaining in the public waters after the expiration to the seventh day of a closed season may be considered as abandoned under the regulations established by the commission.
(2) The commission shall adopt rules to govern the removal and disposal of abandoned crab traps as necessary to enhance:
(a) The conservation and management of crab resources;
(b) Boating safety;
(c) The cleanliness of the beds and bottoms of the public waters of the state; and
(d) Enforcement of this chapter.
(3) Abandoned crab traps are litter and are subject to immediate removal and disposal.
SECTION 55. Section 49-15-86, Mississippi Code of 1972, is brought forward as follows:
49-15-86. (1) Each person catching or taking any saltwater crabs in the waters of the State of Mississippi for commercial purposes shall obtain a license from the commission and shall pay an annual resident license fee of Seventy-five Dollars ($75.00) or an annual nonresident license fee of Two Hundred Dollars ($200.00) on each boat used therefor.
(2) The commission may require a recreational crabber's license for an administrative fee not to exceed Five Dollars ($5.00).
SECTION 56. Section 49-15-87, Mississippi Code of 1972, is brought forward as follows:
49-15-87. (a) "Peeler crab" means a blue crab having a new soft shell fully developed under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.
(b) "Soft-shell crab" means a peeler crab which has recently shed its hard shell.
SECTION 57. Section 49-15-89, Mississippi Code of 1972, is brought forward as follows:
49-15-89. It shall be unlawful for any person to catch, destroy, confine, hold or have in his possession, whether for individual use or for market, any of the genus callinectes sapidus (blue crab) or allied species, of a smaller size than five (5) inches measured from the tip of one (1) lateral spine across the back of the shell to the tip of the opposite lateral spine; provided that peeler crabs and soft-shell crabs are exempt from these limitations. Conservation officers may inspect any catch for violations of any of the provisions of Sections 49-15-83 through 49-15-91.
SECTION 58. Section 49-15-91, Mississippi Code of 1972, is brought forward as follows:
49-15-91. The commission may establish a maximum number of crab pots allowable per licensee.
SECTION 59. Section 49-15-92, Mississippi Code of 1972, is brought forward as follows:
49-15-92. (1) Any person who steals, takes and carries away crab traps or the property of another used to catch saltwater crabs, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for the first offense; for the second offense, when the offense is committed within three (3) years of the first offense, shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00); for the third and subsequent offenses when committed within three (3) years of the first offense, shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00) or imprisoned for not more than six (6) months.
(2) Any person, firm or corporation convicted and sentenced under this section for a second or subsequent offense shall not be considered for a reduction of the fine.
(3) In addition to the penalties in subsection (1), any person who steals, removes, takes or carries away the crabs from another person's crab traps shall also pay restitution to the owner of the traps for the crabs taken.
(4) This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
SECTION 60. Section 49-15-93, Mississippi Code of 1972, is brought forward as follows:
49-15-93. Any person violating any provision of Sections 49-15-83 through 49-15-91 shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Section 49-15-63, Mississippi Code of 1972.
SECTION 61. Section 49-15-94, Mississippi Code of 1972, is brought forward as follows:
49-15-94. It is unlawful for any person to use a purse seine to catch mullet during the roe mullet season. A violation of this subsection is punishable by the penalties provided in Section
49-15-100(2) for the unlawful use of gill or trammel nets.
SECTION 62. Section 49-15-95, Mississippi Code of 1972, is brought forward as follows:
49-15-95. (1) It is unlawful to use brill and cast nets greater than twelve (12) feet in radius in the marine waters of the state.
(2) The commission shall not prohibit the use of brill and cast nets in the waters designated in subsection (1) of this section. No person shall catch more than fifty (50) pounds of shrimp per day using brill and cast nets as provided by this section.
SECTION 63. Section 49-15-96, Mississippi Code of 1972, is brought forward as follows:
49-15-96. Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
SECTION 64. Section 49-15-97, Mississippi Code of 1972, is brought forward as follows:
49-15-97. (1) It shall be unlawful for any commercial fisherman, firm or corporation to operate a vessel during the hours of sunset to sunrise when the season or time for such fishing is closed or in an area that is closed to fishing without using or displaying lights which comply with all federal regulations applicable to that vessel operated by the fisherman, firm or corporation.
(2) For the purpose of this section, the term "commercial fisherman" shall mean a commercially licensed boat, commercially licensed fisherman or any person in possession of commercial fishing gear who would be subject to regulation under Chapter 15 of Title 49, Mississippi Code of 1972.
(3) Any person, firm or corporation that violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Two Hundred Fifty Dollars ($250.00) or more than Five Hundred Dollars ($500.00) for the first offense; and not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) for the second offense when the second offense is committed within a period of three (3) years after the date on which the first offense was committed; and not less than Two Thousand Dollars ($2,000.00) or more than Four Thousand Dollars ($4,000.00) or imprisonment in the county jail for a period of not more than thirty (30) days for a third or subsequent offense when that offense is committed within a period of three (3) years after the date on which the first offense was committed.
Any fine or sentence, or both, imposed upon a person for a second, third or subsequent offense under this section shall not be suspended or reduced.
SECTION 65. Section 49-15-100, Mississippi Code of 1972, is brought forward as follows:
49-15-100. (1) It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90.
(2) (a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch. 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.
(b) The penalties for a violation of this section shall not be suspended or reduced.
SECTION 66 Section 49-15-100.1, Mississippi Code of 1972, is brought forward as follows:
49-15-100.1. It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation. 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.
SECTION 67. Section 49-15-100.3, Mississippi Code of 1972, is brought forward 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 68. Section 49-15-313, Mississippi Code of 1972, is brought forward as follows:
49-15-313. (1) Any resident between the ages of sixteen (16) and sixty-five (65) years, as defined in Section 49-7-3, fishing in the marine waters of the state, shall obtain a saltwater sports fishing license for a fee of Four Dollars ($4.00). This license shall be valid in any waters south of Interstate 10. Any resident citizen who is blind, paraplegic or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged totally disabled by the Social Security Administration shall not be required to purchase or have in his possession a saltwater sports fishing license while engaged in such activities. Any resident exempt under this section shall have on his person while fishing proof of residency and age or disability.
(2) The commission shall prescribe the forms, types and fees for nonresident saltwater sports fishing licenses except that the fee for a nonresident saltwater sports fishing license shall not be less than Twenty Dollars ($20.00). The commission shall require a nonresident to purchase a nonresident freshwater fishing license and a nonresident saltwater sports fishing license if the nonresident's state requires both licenses for a nonresident to fish in its marine waters.
(3) All resident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission at a fee of Two Hundred Dollars ($200.00). All nonresident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission. In addition to other requirements for charter license eligibility, captains must show proof of participation in a Department of Transportation approved random drug testing program and proof of liability insurance as a charter boat captain. Crew members and customers of the licensed vessels shall not be required to purchase an individual resident or nonresident saltwater fishing license while sponsored by the licensed vessels. An operator of a licensed vessel shall be required to report the number of customers to the department as required by the commission and the information shall be kept confidential and shall not be released, except to other fisheries management agencies or as statistical data. All nonresident vessels engaged in saltwater sport fishing tournaments, not to exceed an aggregate of twenty (20) days per calendar year, shall not be required to purchase an annual license as provided under this subsection.
(4) The saltwater sports fishing license is required for all recreational methods of finfish harvest.
(5) Any resident who purchases a lifetime sportsman's license, in accordance with Section 49-7-153, shall be entitled to fish in the marine salt waters of the state and shall be exempt from the purchase of a sport saltwater fishing license.
(6) Any person authorized to issue a license may collect and retain, for each saltwater fishing license issued, the additional fee authorized under Section 49-7-17.
(7) The fees collected from the sale of resident and nonresident saltwater sports fishing licenses shall be deposited into the Seafood Fund and shall be used solely for the management of marine resources.
(8) Participants in the Very Special Fishing Olympics are exempt from this section.
(9) July 4 of each year is designated as "Free Saltwater Sports Fishing Day." Any person may saltwater sport fish without a license on the "Free Saltwater Sports Fishing Day."
(10) The department may exempt participants in an organized fishing event conducted by a qualified nonprofit charitable, governmental or civic organization from the requirements of this section for one (1) day per year if the organization files an exemption application with the department and the application is approved by the department.
SECTION 69. This act shall take effect and be in force from and after July 1, 2005.