Adopted

 

COMMITTEE AMENDMENT NO 1 PROPOSED TO

 

House Bill No.  972

 

BY: Committee

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  (1)  The Department of Marine Resources shall conduct a pilot program for bottom land leasing for oyster production.  The Department of Marine Resources shall lease to oyster and/or seafood processors who only operate in the waters adjacent to Hancock County the following areas of bottom lands for oyster production:

          (a)  Area 1:  The tonging area in Hancock County from the Bay St. Louis Railroad Bridge to Long Point, which is five hundred (500) feet offshore to one (1) mile offshore.

          (b)  Area 2:  Telegraph Reef.

     (2)  (a)  Before approving any leases for the two (2) areas, which shall include any natural reefs within the areas, the Department of Marine Resources must make an affirmative finding that the lessee is an oyster and/or seafood processor who only operates in the waters adjacent to Hancock County.

          (b)  The lease shall be for a term of five (5) years, and the lessee shall have the first right to renew the lease for an additional five (5) years.  Before such renewal, the Department of Marine Resources may adjust the acreage and price of the lease to reflect the total number of acres of oyster production.

          (c)  Each lease shall set a price at Two Dollars ($2.00) per acre for at least the first five (5) years of the lease.

          (d)  All funds derived from leasing shall be paid to the Department of Marine Resources for deposit into the Seafood Fund under Section 49-15-17, for use by the Department of Marine Resources to further oyster production in this state, which includes plantings of oysters and cultch materials.

     SECTION 2.  Section 49-15-36, Mississippi Code of 1972, is amended as follows:

     49-15-36.  (1)  The * * * commission Department of Marine Resources shall have full jurisdiction and control of all public and natural oyster reefs and oyster bottoms of the State of Mississippi. * * *  The commission may delegate this authority to the executive director of the department.

     (2)  Public reefs may be opened for harvest of oysters during the season on a rotating basis.  If the * * * commission department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the * * * commission department may close designated reef areas and keep them closed during the season.

     (3)  The * * * commission department shall promulgate regulations regarding the closing of oyster reefs to protect the public health.  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 department 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 Department of Revenue a tax exemption letter issued by the United States Internal Revenue Service.

          (b)  The * * * commission department 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 department shall establish a reasonable period of time for depuration of oysters replanted from restricted 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.

     (6)  The department is authorized to conduct a pilot program for bottom land leasing for oyster production as provided in House Bill No. 972 (2022 Regular Session).

     SECTION 3.  This act shall take effect and be in force from and after its passage.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO CREATE A PILOT PROGRAM FOR BOTTOM LAND LEASING FOR OYSTER PRODUCTION; TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES TO LEASE CERTAIN AREAS OF BOTTOM LAND FOR OYSTER PRODUCTION TO OYSTER AND/OR SEAFOOD PROCESSORS WHO ONLY OPERATE IN THE WATERS ADJACENT TO HANCOCK COUNTY; TO PROVIDE THE PRICE AND LENGTH OF THE LEASE; TO PROVIDE THAT FUNDS DERIVED FROM THE LEASE SHALL BE DEPOSITED INTO THE SEAFOOD FUND TO FURTHER OYSTER PRODUCTION IN THIS STATE, WHICH INCLUDES PLANTINGS OF OYSTERS AND CULTCH MATERIALS; TO AMEND SECTION 49-15-36, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.