Senate Bill 2664

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-15-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A NONRESIDENT'S DOMICILE STATE HAS MANDATORY LICENSING REQUIREMENTS THEN THE NONRESIDENT MUST MEET THOSE REQUIREMENTS BEFORE RECEIVING A MISSISSIPPI NONRESIDENT COMMERCIAL FISHING LICENSE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-15-30, Mississippi Code of 1972, is amended 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) (a) 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.

(b) If the applicant's domicile state has additional mandatory licensing requirements, the applicant must meet those requirements before receiving a nonresident commercial fishing license.

(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 2. This act shall take effect and be in force from and after its passage.