MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Posey
AN ACT TO AMEND SECTION 49-7-29, MISSISSIPPI CODE OF 1972, TO REVISE THE WHOLESALE MINNOW DEALERS LAW; TO PROVIDE THAT THE LAW SHALL APPLY TO THE SALE OF FRESHWATER BAIT; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO DEFINE FRESHWATER BAIT AND REGULATE THE SALE OF SUCH BAIT; TO SET THE FEE FOR A RESIDENT BAIT DEALER LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-29, Mississippi Code of 1972, is amended as follows:
49-7-29. (1) This section shall be known as the "Mississippi Freshwater Bait Law."
(2) Definitions. For the purposes of this section, the following definitions shall apply:
(a) The term "freshwater bait" shall be defined by the commission.
(b) The term "minnow" shall only mean golden shiner (Notemigonus crysoleucas), fathead minnow (Pimephales promelas), goldfish (Carassius auratus), common carp or Israeli carp (Cyprinus carpio), emerald shiner (Notropis atherinoides), western mosquitofish (Gambusia affinis), eastern mosquitofish (Gambusia holbrooki) and gulf killifish (Fundulus grandis).
(c) The term "person" means any person, firm or corporation.
(d) The term "retail freshwater bait dealer" means any person selling bait to a person.
(e) The term "wholesale freshwater bait dealer" means any person selling freshwater bait to a person for resale.
(3) The commission may establish license requirements and regulations for the importation, shipment, culture, sale, possession and use of freshwater bait.
(4) The department shall license wholesale and retail freshwater bait dealers, as required under this section. * * * (5) It is unlawful for any person * * * to sell freshwater bait at wholesale or retail within the State of Mississippi without a freshwater bait dealer license.
(6) (a) A resident wholesale or retail freshwater bait dealer shall certify that * * * the dealer is a resident of the state and shall apply to the department for a * * * resident freshwater bait dealer license.
(b) The fee for a resident freshwater bait dealer license shall be Thirty Dollars ($30.00) per year.
(7) (a) A nonresident wholesale or retail freshwater bait dealer shall apply to the department for a nonresident freshwater bait dealer license.
(b) The nonresident license fee shall be set by the department.
(8) Each sale of freshwater bait in violation of this section shall be punishable as a Class II violation as provided in Section 49-7-143.
(9) A copy of the freshwater bait dealer license shall be carried at all times in each vehicle which transports freshwater bait into or within the State of Mississippi. Each violation of this subsection shall be punishable as a Class II violation as provided in Section 49-7-143. However, no person charged with violating this subsection shall be convicted if he produces in court, or files with the clerk of the court before the date of appearance, proof that he held a valid freshwater bait dealer license at the time that he was charged with a violation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.