House Bill 1288

AN ACT TO AMEND SECTION 49-15-304, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON MARINE RESOURCES TO ADOPT RULES THAT CREATE EMERGENCY LIMITS ON COMMERCIAL AND SPORT FISHING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-304, Mississippi Code of 1972, is amended as follows:

49-15-304. The commission may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marine resources under its jurisdiction. Rules and regulations adopted by the commission shall be consistent with the public policy expressed in Section 29-15-3 (public trust tidelands), Section 39-7-3 (antiquities and historic preservation), Section 49-15-1 (seafood), Section 49-17-3 (pollution control), Section 49-27-3 (coastal wetlands protection) and Section 57-15-6 (coastal zone management). The commission may make exceptions to and grant variances from any rules and regulations adopted by the commission, including adopting rules to create emergency limits for commercial and sport fishing when acts of God or man require the commission to adopt such rules. The commission shall give due consideration to permissible uses of the natural resources within its jurisdiction when promulgating rules and regulations.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.