MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Marine Resources
By: Representative Ladner
AN ACT TO CREATE THE SHELL RECOVERY AND REPLENISHMENT PROGRAM; TO AMEND SECTION 49-15-46, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI COMMISSION ON MARINE RESOURCES TO ESTABLISH THE SHELL RECOVERY AND REPLENISHMENT PROGRAM FOR THE PURPOSE OF REPLENISHING THE OYSTER SHELLS TAKEN FROM WATERS WITHIN MISSISSIPPI; TO AUTHORIZE THE COMMISSION TO ESTABLISH RULES AND REGULATIONS AND PER SACK ASSESSMENTS TO ACCOMPLISH THE PROGRAM; TO REMOVE THE SHELL RETENTION FEES; TO PROVIDE THAT FUNDS RECEIVED FROM THE PROGRAM SHALL BE PAID INTO A SPECIAL FUND IN THE STATE TREASURY FOR THE COMMISSION TO USE TO RECOVER AND REPLENISH OYSTER SHELLS IN ORDER TO FURTHER OYSTER PRODUCTION IN THE STATE; TO AMEND SECTION 49-15-17, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE "SHELL RECOVERY AND REPLENISHMENT PROGRAM ACCOUNT" WITHIN THE SEAFOOD FUND; TO PROVIDE THAT FUNDS IN THE ACCOUNT SHALL BE USED TO MANAGE, IMPROVE, ENHANCE AND REPLENISH THE OYSTER INDUSTRY; TO AMEND SECTION 49-15-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LICENSES SHALL BE SUSPENDED UNTIL VIOLATORS OF THE SHELL RECOVERY AND REPLENISHMENT PROGRAM COMPLY WITH ALL OF THE PROVISIONS OF THE PROGRAM; TO AMEND SECTION 49-15-38, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-46, Mississippi Code of 1972, is amended 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) and may designate one (1) alternate captain for each license.
(3) The commission may authorize the transfer of a vessel license to a different vessel provided that the owner of both vessels is the same titled owner.
(4) 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.
(5) 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 (4) of this section for commercially harvested oysters or by regulation of the commission.
(6) The commission shall * * * establish
a Shell Recovery and Replenishment Program for the purpose of
replenishing the shells taken from waters within the territorial
jurisdiction of the State of Mississippi * * *. The commission shall have the
authority to establish rules and regulations and per sack assessments to
accomplish the purpose of the program.
* * *
(7) Funds received
from the * * * Shell Recovery and Replenishment Program shall
be paid into a special fund in the State Treasury to be appropriated by the
Legislature for use by the commission to recover and replenish oyster
shell(s) in order to further oyster production in this state, which
includes plantings of oysters and/or cultch materials.
( * * *8) During open seasons, oysters may be
taken only by hands, tongs and dredges.
( * * *9) Vessels licensed under Section 49-15-46
may keep in whole, for personal consumption up to thirty-six (36) blue crabs
(portunidae family), per day. This exemption for personal consumption does not
apply to fish or crabs that are otherwise illegal to possess or catch.
SECTION 2. Section 49-15-17, Mississippi Code of 1972, is amended 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.
(d) There is established a special account to be known as the "Mississippi Seafood Marketing Program Account" within the Seafood Fund. Monies required to be deposited into the account under Section 27-19-56.27 and any funds received from any public or private source for the purpose of promoting the Mississippi seafood industry must be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year do not lapse into the Seafood Fund, but remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purposes of this account including, but not limited to, providing funds for cobia stock enhancement programs.
(e) There is established a special account to be known as the "Shell Recovery and Replenishment Program Account" within the Seafood Fund. Monies required to be deposited into the account under Section 49-15-46 and any funds received from this program must be credited to this account and shall be used for the purpose of management, improvement, enhancing and replenishing the oyster industry. 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.
(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 3. Section 49-15-63, Mississippi Code of 1972, is amended 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 * * * that
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 (7) of Section 49-15-46 and 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. For violations of the Shell Recovery and Replenishment Program under Section 49-15-46, licenses shall be suspended until the violators have complied with all provisions of the program.
(f) Upon conviction of
five (5) seafood violations within a five-year period, the commission may
revoke the license of the convicted party and the boat or vessel used in the
offenses, and may prohibit indefinitely the issuance of a license to the person
and boat or vessel * * * that were engaged in catching or taking of any seafood
from the waters of the State of Mississippi. The commission shall exercise
this authority in accordance with the administrative procedures in Section 49-15-401
et seq.
(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 alternate captain under Section 49-15-46 or substitute captain under Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-46 or 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 4. Section 49-15-38, Mississippi Code of 1972, is amended 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 * * * follow the
provisions of the Shell Recovery and Replenishment Program as required
under Section 49-15-46 * * *, is guilty of a
misdemeanor and, upon conviction, shall be fined not more than One Hundred
Dollars ($100.00) * * *. 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. The governing authorities of each county and municipality bordering upon the Mississippi Sound may assist the commission in the planting and replanting of oyster shells.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.