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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-301 - Mississippi Advisory Commission on Marine Resources; powers and duties to be exercised through advisory commission to Department of Marine Resources; membership; chairman; rules and regulations; marine resources technical advisory council; definitions

(1)
The Mississippi Advisory Commission on Marine Resources is hereby established and full power is vested in the advisory commission to advise the Executive Director of the Department of Marine Resources on all matters pertaining to all saltwater aquatic life and marine resources. The advisory commission shall advise the Executive Director of the Department of Marine Resources on the administration of the Coastal Wetlands Protection Law and the Public Trust Tidelands Act. Notwithstanding any other provision of law to the contrary, the commission shall only be an advisory commission to the Department of Marine Resources and shall not have independent authority to take official action on behalf of the Mississippi Department of Marine Resources and its actions are purely advisory in nature. Whenever the terms "Mississippi Commission on Marine Resources," "Commission on Marine Resources" and "commission" when referring to the Mississippi Commission on Marine Resources appear in any state law, they shall mean the "Mississippi Advisory Commission on Marine Resources."
(2)
The reconstituted Mississippi Advisory Commission on Marine Resources shall consist of five (5) members to be appointed as follows:
(a)
The Governor shall appoint five (5) members who shall be residents of Jackson, Harrison and Hancock Counties with the advice and consent of the Senate. The Governor shall appoint at least one (1) member from each county but not more than two (2) members from any one (1) county. The members designated in subparagraphs (i), (ii) and (iv) must be a resident of the county where the business he is appointed to represent is located.
(b)
The advisory commission shall be composed as follows:
(i)
One (1) member shall be a commercial seafood processor.
(ii)
One (1) member shall be a commercial fisherman.
(iii)
One (1) member shall be a recreational sports fisherman.
(iv)
One (1) member shall be a charter boat operator.
(v)
One (1) member shall be a member of an incorporated nonprofit environmental organization.
(c)
Of the initial members appointed by the Governor, the members designated in subparagraphs (i),(ii) and (iii) shall serve for an initial term of two (2) years and one (1) member shall be appointed from each county. The members designated in subparagraphs (iv) and (v) shall serve an initial term of four (4) years. All terms after the initial terms shall be for a period of four (4) years.
(d)
Any vacancy in the office of an appointed member of the advisory commission shall be filled by appointment by the Governor for the balance of the unexpired term.
(3)
Each member shall have a demonstrated history of involvement in the matter of jurisdiction for which he is appointed to represent and his employment and activities must not conflict with the matter of jurisdiction represented. A member shall not have a record of conviction of violation of fish and game or seafood laws or regulations within the five (5) years preceding his appointment or a record of any felony conviction. After July 1, 1999, if a member is convicted of a violation of the seafood laws during his term, his office shall be deemed vacant and the Governor shall fill the vacancy as provided in this section.
(4)
The advisory commission shall elect a chairman who shall preside at all meetings of the commission, and the advisory commission shall also elect a vice chairman who shall serve in the absence or inability of the chairman.
(5)
Each member shall be paid actual and necessary expenses incurred in attending meetings of the advisory commission and in performing his duties away from his domicile under assignment by the advisory commission. In addition, members shall receive the per diem authorized in Section
25-3-69
.
(6)
The advisory commission shall adopt rules and regulations governing times and places of meetings.
(7)
The advisory commission shall not take any action without the approval of the Department of Marine Resources, and such action shall be included in the minutes of the advisory commission. A majority of the members shall constitute a quorum of the advisory commission.
(8)
The advisory commission shall advise the Department of Marine Resources on how to devise a plan to make licenses available in each coastal county.
(9)
(a)
There is hereby created a Marine Resources Technical Advisory Council composed of the Executive Director of the Gulf Coast Research Lab, or his designee; the Executive Director of the Department of Environmental Quality, or his designee; and the Executive Director of the Department of Wildlife, Fisheries and Parks, or his designee.
(b)
The council shall give technical assistance to the department.
(10)
For purposes of this section the following definitions apply:
(a)
"Charter boat operator" means an individual who operates a vessel for hire, guiding sports fishermen for a fee and is duly licensed to engage in such activity in the State of Mississippi.
(b)
"Commercial fisherman" means a fisherman who sells, barters or exchanges any or all of his catch or who is paid for attempting to catch marine species, and is duly licensed to engage in commercial fishing.
(c)
"Commercial seafood processor" means an individual who engages in the business of purchasing seafood products and preparing them for resale and who is duly licensed to engage in such commercial activity in the State of Mississippi.
(d)
"Incorporated environmental nonprofit organization" means an organization duly incorporated in any state as a nonprofit organization and whose stated goals and purposes are the conservation of natural resources.
(e)
"Recreational sports fisherman" means an individual who catches or harvests marine species only for recreation or personal consumption and not for sale. The individual must possess a saltwater sports fishing license, be a member of an incorporated nonprofit sports fishing organization and not possess a commercial fishing or seafood processor license.
Laws, 1994, ch. 578, § 1; Laws, 1999, ch. 585, § 5, eff. 7/1/1999.
Amended by Laws, 2020, ch. 418, HB 827,§ 2, eff. 7/1/2020.