reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-36 - State-owned oyster reefs and bottoms; rotating opening; closing of oyster reefs; special permits for taking oysters during closed season; depuration

(1)
The Department of Marine Resources shall have full jurisdiction and control of all designated state-owned reefs and oyster bottoms of the State of Mississippi. In no event shall the department designate more than twenty percent (20%) of the permitted areas available as state-owned reefs.
(2)
State-owned reefs may be opened for harvest of oysters during the season on a rotating basis. If the 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 department may close designated reef areas and keep them closed during the season.
(3)
The 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 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.
(4)
(a)
The 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 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 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.
Laws, 1997, ch. 579, § 4; Laws, 1998, ch. 509, § 1; Laws, 2006, ch. 307, § 1; Laws, 2008, ch. 333, § 1, eff. 3/25/2008.
Amended by Laws, 2023, ch. 496, SB 2544,§ 15, eff. 4/17/2023.
Amended by Laws, 2022, ch. 362, HB 972,§ 2, eff. 3/22/2022.
Amended by Laws, 2016, ch. 325, SB 2600, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-38 - Culling requirements; collection and planting of shells; penalties and fees for failure to deliver shells

(1)
(a)
Unless otherwise permitted by the department, no oysters shall be taken from state-owned reefs unless culled, 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 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 state-owned 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 department 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 department 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 pay the shell retention fee required under Section
49-15-46
to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each sack of shells for which they fail or refuse to tender the shell retention fee. 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.
Laws, 1997, ch. 579, § 5; Laws 1998, ch. 480, § 1; Laws, 1999, ch. 519, § 3; Laws, 2008, ch. 333, § 2, eff. 3/25/2008.
Amended by Laws, 2024, ch. 530, SB 2648,§ 4, eff. 5/13/2024.
Amended by Laws, 2023, ch. 496, SB 2544,§ 17, eff. 4/17/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-39 - [Repealed]

Codes, Hemingway's 1917, § 6162; 1930, § 6880; 1942, § 6075-12; Laws, 1913, ch. 4; Laws, 1926, ch. 295; Laws, 1944, ch. 287, § 3; Laws, 1950, ch. 553; Laws, 1958, ch. 195, § 52; Laws, 1977, ch. 463, § 4; Laws, 1997, ch. 399, § 2; Laws, 2000, ch. 524, § 1; Laws, 2005, ch. 383, § 1, eff. 7/1/2005.
Repealed by Laws, 2023, ch. 496, SB 2544,§ 23, eff. 4/17/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-40 - Projects to create or establish new oyster beds

The department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. The department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor.
Laws, 1997, ch. 579, § 6, eff. 7/2/1997.
Amended by Laws, 2023, ch. 496, SB 2544,§ 18, eff. 4/17/2023.
Amended by Laws, 2016, ch. 324, SB 2597, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-40.1 - [Repealed]

Repealed by Laws, 2023, ch. 496, SB 2544,§ 23, eff. 4/17/2023.
Added by Laws, 2022, ch. 362, HB 972,§ 1, eff. 3/22/2022.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-41 - Oysters not to be caught at night

It shall be unlawful for any person to fish, catch or take oysters from the waters of Mississippi during the hours between sunset and sunrise of each day.
Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year in the county jail, or both.
Codes, 1930, § 6879; 1942, § 6077; Laws, 1958, ch. 195, § 56; Laws, 1977, ch. 463, § 5, eff. 4/13/1977.
Amended by Laws, 2016, ch. 383, HB 815, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-42 - Tagging, unloading and transporting of oysters

(1)
All oysters caught in Mississippi territorial waters shall be tagged and unloaded in Mississippi. Before tagging and unloading, the oysters must be sacked or packaged in containers or by other methods approved by the department. However, a person is exempt from the unloading requirement if he is transporting the oysters to a state that has a reciprocity agreement with Mississippi exempting Mississippi residents from the unloading requirements of that state.
(2)
The driver of any vehicle used in the transporting of oysters in the shell from outside the territorial limits of the State of Mississippi, whether the vehicle is a boat or motor vehicle, shall possess an invoice, statement or other bill of lading which bears the name of the person, firm or corporation from whom the oysters were purchased, the name of the purchaser and the number of barrels or bushels of oysters which the vehicle or vessel contains.
Laws, 1977, ch. 463, § 6; Laws, 1982, ch. 446, § 4; Laws, 1994, ch. 505, § 1, eff. 3/23/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-43 - Packaging of oysters; containers

Oysters for sale either wholesale or retail may be packaged in glass jars covered with a screw-type top or lid of the type customarily and heretofore used in the seafood industry in the State of Mississippi, but this section shall automatically be repealed if and when such type packaging becomes prohibited by any agency of the United States Government for shipment in interstate commerce.
Codes, 1942, § 6085-11; Laws, 1964, ch. 246, § 1, eff. 6/3/1964.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-44 - Sale or possession of illegal oysters prohibited; penalties

The department shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section
49-15-63
.
Laws, 1997, ch. 579, § 7, eff. 7/2/1997.
Amended by Laws, 2023, ch. 496, SB 2544,§ 19, eff. 4/17/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-45 - Certain municipalities may enforce oyster laws

Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such department relating to such oyster reefs.
Codes, 1942, § 6085-01; Laws, 1944, ch. 286, §§ 1-7; Laws, 1958, ch. 195, § 64; Laws, 2000, ch. 516, § 87, eff. 4/30/2000.
Amended by Laws, 2023, ch. 496, SB 2544,§ 20, eff. 4/17/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-47 - Prohibition against discharging human waste in Mississippi's marine waters from vessels harvesting or transporting oysters; approved marine sanitation devices required; penalties

(1)
It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.
(2)
Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall:
(a)
Be used only for the purpose intended.
(b)
Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.
(c)
Be emptied only into an approved sewage disposal system.
(d)
Be cleaned before being returned to the vessel.
(e)
Not be cleaned with equipment used for washing or processing food.
(3)
The use of other receptacles for sewage disposal may be approved by the department if the receptacles are:
(a)
Constructed of impervious, cleanable materials and have tight-fitting lids; and
(b)
Meet the requirements listed in subsection (2).
(4)
Any person, firm or corporation violating the provisions of this chapter, shall, on conviction, be fined not less than Five Thousand Dollars ($5,000.00), and the license of the convicted party shall be revoked for one (1) year. For conviction of a second offense, the fine shall be not less than Ten Thousand Dollars ($10,000.00), and the license of the convicted party shall be revoked for two (2) years. For a conviction of a third offense, the fine shall be not less than One Hundred Thousand Dollars ($100,000.00), and the license of the convicted party shall be permanently revoked.
(5)
Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.
Laws, 2010, ch. 378, § 1, eff. 7/1/2010.
Amended by Laws, 2024, ch. 530, SB 2648,§ 6, eff. 5/13/2024.
Amended by Laws, 2023, ch. 496, SB 2544,§ 22, eff. 4/17/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-49 - Pass Christian Harbor oyster check station named the Colonel George J. Wright, Sr., building

The Mississippi Department of Marine Resources' oyster check station located at the Pass Christian Harbor, Pass Christian, Mississippi, shall be named the Colonel George J. Wright, Sr., building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque to be placed in a prominent place within the Colonel George J. Wright, Sr., building, which states the background, accomplishments and public health service to the state and nation of Colonel George J. Wright, Sr.
Added by Laws, 2013, ch. 437, HB 417, 1, eff. 3/25/2013.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-51 - through 49-15-59 - [Repealed]

Repealed by Laws of 1974, ch. 572, § 10, eff. 4/23/1974.
§ 49-15-51. [Codes, 1942, § 6048-04; Laws, 1962, ch. 193, § 4] § 49-15-53. [Codes, 1942, § 6048-05; Laws, 1962, ch. 193, § 5] § 49-15-55. [Codes, 1942, § 6048-06; Laws, 1962, ch. 193, § 6] § 49-15-57. [Codes, 1942, § 6048-07; Laws, 1962, ch. 193, § 7] § 49-15-59. [Codes, 1942, § 6048-08; Laws, 1962, ch. 193, § 8]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-61 - Marine museum

The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
Codes, 1942, § 6047-19; Laws, 1960, ch. 173, § 19, eff. 3/23/1960.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-64 - Shrimping during closed season prohibited; penalties; promulgation of rules and regulations

Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).
Upon an arrest for a violation of this section, catch and nets may be confiscated. Any catch may be sold by the law enforcement agency making the arrest at the average wholesale price being paid for shrimp. The monies derived from the sale shall be held in escrow pending disposition of the charge. If a conviction is obtained, the monies held in escrow shall be forfeited. The monies so forfeited shall be paid to the department, to be paid into the seafood fund. If the operator, firm or corporation is acquitted of the charge or if the charge is dismissed, then the monies obtained from the sale shall be paid to the proper operator, firm or corporation. Forfeiture of confiscated nets and paraphernalia shall be instituted under Sections
49-7-251
through
49-7-257
. 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.
The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, 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 State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.
The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
Laws, 1988, ch. 388, § 2; Laws, 1991, ch. 514, § 1; Laws, 1993, ch. 532, § 3; Laws, 1994, ch. 578, § 19; Laws, 1997, ch. 601, § 2; Laws, 2000, ch. 522, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-64.2 - Shrimping permitted with cast net

Any person shall be allowed to take shrimp in the bays located within and surrounding the cities of Bay St. Louis, Biloxi, Gautier, Ocean Springs and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day for personal consumption. The cast net shall not exceed twelve (12) feet in length.
Laws, 1997, ch. 579, § 10; Laws, 2011, ch. 450, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-64.3 - Shrimping during closed season prohibited; penalties; promulgation of rules and regulations

(1)
It is unlawful for any person, firm or corporation to take, catch or have in their possession within territorial waters of the State of Mississippi shrimp of a size weighing in the raw state less than one (1) pound to each sixty-eight (68) shrimp, except as provided under Section
49-15-64.1
, except when a valid permit or affidavit of another state identifies the catch as having been taken in non-Mississippi waters, or except in case of live bait shrimp.
(2)
It is unlawful to take, catch or have in possession live bait shrimp of a size weighing in the raw state less than one (1) pound to each one hundred (100) shrimp. This provision may be changed by a two-thirds (2/3) vote of the commission. The commission may adopt rules, regulations, guidelines and other operation criteria in conjunction with licensing live bait dealers and live bait catcher boats as it deems appropriate to ensure that only bona fide operations will be licensed.
(3)
If a live bait dealer or live bait catcher boat is convicted of a violation of this chapter or a duly adopted ordinance of the commission, the commission may, in addition to punishment duly adjudicated, revoke the license of the vessel or dealer to whom it is issued for a period not exceeding two (2) weeks following conviction of the first offense, not exceeding six (6) months following conviction of the second offense, and up to one (1) year following conviction of the third and subsequent offenses, if the subsequent offenses are committed within three (3) years of the first offense. Upon the revocation of the license, the commission may require the posting of a cash performance bond not to exceed One Thousand Dollars ($1,000.00) before the reissuance of that revoked license. The commission may require the forfeiture of that bond upon the subsequent conviction of any violation of this chapter or a duly adopted ordinance of the commission. If a person who posts bond under this section desires to no longer engage in the live bait business, that person shall certify that fact to the commission who shall return the bond. If that person desires to again engage in the live bait business, a cash performance bond may be required before the issuance of a license.
Laws, 1997, ch. 579, § 11; Laws, 2002, ch. 569, § 1; Laws, 2012, ch. 327, § 2, eff. 4/13/2012.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-64.4 - Live bait catcher boat and live bait dealer privilege taxes

(1)
Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat engaged in those operations. The operations shall not exceed two (2) boats per license.
(2)
Each "live bait dealer" engaging in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of the applicant's "live bait catcher boat," the name of the captain of that "live bait catcher boat," the dealer's Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers shall not operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this section, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a "live bait dealer" license shall contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road or waters located within the three (3) coastal counties. Applications for a live bait camp may be submitted anytime. Live bait camps may be inspected within thirty (30) days after receipt of the completed application. Any "live bait dealer" desiring to engage in the catching of live shrimp in one (1) location and then transporting them to the dealer's licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after that verification the commission shall issue a permit authorizing the transportation of live shrimp.
Laws, 1997, ch. 579, § 12; Laws, 2007, ch. 320, § 1; Laws, 2011, ch. 412, § 1, eff. 3/16/2011.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-64.5 - Boats used for catching or transporting saltwater shrimp; licensing and fees

(1)
(a)
Each freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license and pay a license fee at the following rates:
(i)
Fifty Dollars ($50.00) for resident boats or vessels under thirty (30) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels under thirty (30) feet in length in overall measurements;
(ii)
Seventy-five Dollars ($75.00) for resident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements;
(iii)
One Hundred Dollars ($100.00) for resident boats or vessels greater than forty-five (45) feet in length in overall measurements and Two Hundred Dollars ($200.00) for nonresident boats or vessels greater than forty-five (45) feet in length in overall measurements.
(b)
Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of saltwater shrimp using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.
(2)
Each recreational vessel engaging in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).
(3)
During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
Laws, 1997, ch. 579, § 13; Laws, 1999, ch. 519, § 5; Laws, 2000, ch. 378, § 1, eff. 4/17/2000.
Amended by Laws, 2022, ch. 433, SB 2511,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-65 - Jurisdiction of courts; appeals

The justice courts of the respective counties or county courts shall have original jurisdiction of any prosecution or suit brought under authority of this chapter, or of any violation of any ordinance duly enacted by the commission. However, from each decision or judgment, whether from a fine or imprisonment, there shall be allowed an appeal, and such appeals and trials shall be had as now provided by law.
Codes, 1942, § 6047-12; Laws, 1960, ch. 173, § 12; Laws, 1962, ch. 193, § 11; Laws, 1981, ch. 471, § 51; Laws, 1982, ch. 423, § 28, eff. 1/1/1984, or, with respect to a given county, when the county appoints a justice court clerk pursuant to §
9-11-27(3)
; Laws, 1991, ch. 522, § 5, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-67 - Appellate procedure

(1)
(a)
Any party may file an appeal from the decision of the commission with the Chancery Court of Harrison County, Second Judicial District. The appeal shall be filed within thirty (30) days of the decision of the commission. An appeal to the chancery court shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the court shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas. If granted, the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the court.
(b)
If the court finds that the order appealed from is supported by substantial evidence, is not arbitrary and capricious and does not violate constitutional rights, the court shall affirm the order of the commission.
(2)
Upon the filing of an appeal, the clerk of the chancery court shall serve notice upon the commission. The commission shall within sixty (60) days from the service of the notice, or within such additional time as the court may for cause allow, certify to the court the record in the case. The record shall include transcript of all testimony, objections, exhibits or copies thereof, pleadings, proceedings, orders, findings and opinions entered in the case. However, the parties and commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
(3)
If, upon hearing the appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, the court shall refer the case back to the commission to take such evidence as the court may direct and report the evidence to the court with the commission's findings of fact and conclusions of law.
Codes, 1942, § 6047-15; Laws, 1960, ch. 173, § 15; Laws, 2009, ch. 337, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-69 - Exemption of certain minors, senior citizens or disabled persons from licensing requirements

(1)
Any resident citizen of the State of Mississippi (a) who is not over sixteen (16) years of age; or (b) who is sixty-five (65) years of age or more; or (c) who has been adjudged to have a service-connected one hundred percent (100%) disability, shall not be required to purchase or possess a license or permit, except as provided by subsection (2) of this section, or to pay any fee or charge when fishing for or taking for personal, noncommercial use the following:
(a)
crabs,
(b)
shrimps, or
(c)
oysters.
(2)
The commission is hereby directed to promulgate and publish rules and regulations to implement the policy set forth in subsection (1) of this section. Such rules shall provide that persons exempted under subsection (1) of this section shall apply to the department for certification as to age or disability and shall be required to carry a certification card issued by the commission while engaged in taking above-mentioned marine life.
Laws, 1974, ch. 405; Laws, 2000, ch. 516, § 88, eff. 4/30/2000.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-71 - Commercial taking of redfish prohibited; unlawful to take below minimum size; penalties; redfish management plan

(1)
It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.
(2)
It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.
(3)
Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.
(4)
For the purposes of this section, the term "redfish" means red drum or sciaenops ocellatus.
Laws, 1986, ch. 497, § 1; Laws, 1990, ch. 579, § 1; Laws, 1994, ch. 603, § 2; Laws, 1994, ch. 578, § 23; Laws, 1997, ch. 601, § 3, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-73 - Use of aircraft to assist in harvesting of redfish; penalties

It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section
49-15-71
. Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section
49-15-63
, Mississippi Code of 1972. In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
Laws, 1986, ch. 497, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-74 - Open season for menhaden

The commission shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.
Laws, 1997, ch. 579, § 14, eff. 7/2/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-75 - Catch limit based on weight limitations as to certain fish

(1)
It shall be unlawful for any person, firm or corporation using a purse seine or having a purse seine aboard a boat or vessel within the territorial waters of the State of Mississippi to catch in excess of five percent (5%) by weight in any single set of the net or to possess in excess of ten percent (10%) by weight of the total catch any of the following species: spotted seatrout (Cynscion nebulosus); bluefish (Pomatomus saltatrix); Spanish mackerel (Scomberomorus maculatus); king mackerel (Scomberomorus cavalla); dolphin (Corphaena hippurus); pompano (Trachinotus carolinus); cobia (Rachycentron canadum); or jack crevalle (Caranx hippos).
(2)
A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section
49-15-63
, Mississippi Code of 1972.
Laws, 1986, ch. 497, § 3, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-76 - Prohibition of sale of game fish; exceptions; punishment

(1)
It is unlawful for any person to sell, barter or trade or to offer for sale, barter or trade any game fish enumerated in this chapter.
(2)
Cobia may be sold in this state if the cobia is purchased from a state in which it may lawfully be caught and sold. Any individual, partnership, corporation or other entity which sells cobia in this state shall maintain documentation showing the state of purchase and date of purchase of cobia for a period of sixty (60) days from the date of purchase of the cobia. The Department of Marine Resources or any other law enforcement agency with which the department has a cooperating agreement may require any seller of cobia to document the date and state of purchase.
(3)
Any person who cultivates a game fish as permitted under the Mississippi Aquaculture Act of 1988 may sell the game fish in accordance with the marine aquaculture program.
(4)
A person who violates this section shall be punished as provided in Section
49-15-63
.
Laws, 1997, ch. 488, § 2, eff. 3/27/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-77 - Prohibition against catching saltwater fish by use of certain nets, seines or traps in certain areas of the state; punishment

(1)
It is unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission.
(2)
A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section
49-15-100(2)
, Mississippi Code of 1972.
Laws, 1986, ch. 497, § 4; Laws, 1991, ch. 601, § 1; Laws, 1994, ch. 578, § 20; Laws, 1997, ch. 379, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-78 - Prohibition against using gill net, trammel net, entanglement net, or like contrivance for taking finfish within half a mile of the shoreline; prohibition against using haul seine net for taking fish within half a mile of Cat Island; punishment

(1)
(a)
It is unlawful for a person to use a gill net, trammel net, entanglement net, or like contrivances for the taking of finfish in marine waters within one-half (1/2) mile of the shoreline.
(b)
For the purposes of this section, the phrase "like contrivances" means any net that is similar in form, function, purpose or use to a gill net, trammel net or entanglement net.
(c)
It is unlawful for a person to use a haul seine net for the taking of fish in marine waters within one-half (1/2) mile of the shoreline of Cat Island.
(d)
The provisions of this section shall not apply to hand seines, cast nets or brill nets.
(2)
A violation of this section is punishable by the penalties provided in Section
49-15-100
.
Laws, 1997, ch. 379, § 4; Laws, 2000, ch. 416, § 1, eff. 7/1/2000.
Amended by Laws, 2020, ch. 410, SB 2720,§ 1, eff. 6/29/2020.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-79 - Prohibition of use of purse seine offshore from Hancock or Harrison Counties; promulgation of regulations governing use of gill nets and trammel nets in Hancock, Harrison, and Jackson Counties; punishment

(1)
It is unlawful for any person, firm or corporation to use or attempt to use a purse seine for the taking of fish or to have such seine in the water within one (1) mile of the shoreline of the County of Hancock or Harrison in the State of Mississippi. The Boards of Supervisors of Hancock, Harrison and Jackson Counties shall have the authority to submit proposed regulations to the commission to regulate within their respective counties the use of and trammel nets. The commission may consider all such proposals submitted by the boards of supervisors in formulating regulations to be promulgated under this section.
(2)
A person, firm or corporation convicted of a violation of this section or regulations promulgated under this section shall be punished by the penalties provided in Section
49-15-100(2)
, Mississippi Code of 1972.
Laws, 1986, ch. 497, § 5; Laws, 1991, ch. 601, § 2; Laws, 1994, ch. 578, § 24; Laws, 1997, ch. 379, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-80 - Vessels used to catch or transport fish; licensing and fees; nonresident reciprocity

(1)
(a)
All vessels to be used in catching or transporting fish in the waters of the State of Mississippi for commercial purposes shall, before beginning operations, obtain an annual license from the commission and pay a license fee according to the following schedule:
(i)
All resident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of One Hundred Dollars ($100.00). All nonresident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of Four Hundred Dollars ($400.00). Each individual engaged in commercial hook and line or gig fishing must obtain a commercial fisherman license subject to the following license fees: One Hundred Dollars ($100.00) for a resident commercial fisherman license; or Four Hundred Dollars ($400.00) for a nonresident commercial fisherman license. If a duly licensed commercial hook and line or gig fishing vessel is engaged in commercial fishing, each individual aboard must possess a commercial fisherman license.
(ii)
A resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Four Hundred Dollars ($400.00), on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length.
(b)
Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of fish using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.
(2)
Each factory or manufacturing establishment engaging in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, shall pay a license fee of Five Hundred Dollars ($500.00).
(3)
Each boat or vessel engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi.
Laws, 1997, ch. 579, § 15; Laws, 1999, ch. 519, § 6; Laws, 2001, ch. 466, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-81 - Catching or transporting saltwater minnows for sale; license requirements; fees; tagging of minnow traps to mark ownership; exemptions

(1)
The term "saltwater minnow" as used in this section shall mean any species within the families Cyprinodontidae, Fundulidae or Poeciliidae.
(2)
Before beginning operations to catch or transport saltwater minnows for sale, fishermen must obtain a saltwater live bait license and pay a fee according to the following schedule: A resident shall pay a fee of Fifty Dollars ($50.00), a nonresident shall pay a fee of One Hundred Dollars ($100.00) or if the nonresident's domicile state charges more than One Hundred Dollars ($100.00) for residents of Mississippi to engage in a like activity, then that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.
(3)
All minnow traps placed in or on the marine waters of the State of Mississippi shall have a corrosion resistant metal or plastic tag attached to the trap to permanently mark the minnow traps for ownership. The tag used to mark the traps shall be legibly and permanently stamped with letters containing the applicable licensed minnow fishermen's full name. The minimum height of the letters shall be at least three-sixteenths (3/1
6
) of an inch. The tags shall be supplied by the minnow fisherman.
(4)
Licensed live bait catcher boats and licensed live bait dealers involved in the transporting of minnows are exempt from the commercial minnow licensing requirement in subsection (2) of this section.
Laws, 2008, ch. 373, § 1; Laws, 2011, ch. 325, § 1, eff. 3/9/2011.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 15 - SEAFOOD (§§ 49-15-1 — 49-15-417) › Article 1 - GENERAL PROVISIONS (§§ 49-15-1 — 49-15-100.3) › Section 49-15-83 - Interpretation and application of Sections 49-15-71 through 49-15-81

Nothing in Sections
49-15-71
through
49-15-81
shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
Laws, 1986, ch. 497, § 7; Laws, 1994, ch. 578, § 21; Laws, 1997, ch. 579, § 23, eff. 7/2/1997.