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 49-15-84 - Requirements for the taking of crabs; crab traps

(1)
The department shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking Callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft-shell crabs.
(2)
The department shall establish specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of the buoys and traps. Recreational crabbers may use no more than six (6) crab traps per license holder. The taking of crabs with drop nets is permitted without a license.
(3)
It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time. It is not unlawful to catch those crabs unintentionally, if the crabs are immediately returned to the water.
Laws, 1997, ch. 579, § 16; Laws, 2002, ch. 525, § 1, eff. 7/1/2002.
Amended by Laws, 2024, ch. 354, HB 1006,§ 1, eff. 7/1/2024.
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 49-15-84.1 - Closed season for use of crab traps; removal of abandoned traps

(1)
The commission may establish a closed season for the use of crab traps in the public waters of this state. The commission may designate the closed season as not less than ten (10) days nor more than thirty (30) days per year. Any crab trap remaining in the public waters after the expiration to the seventh day of a closed season may be considered as abandoned under the regulations established by the commission.
(2)
The commission shall adopt rules to govern the removal and disposal of abandoned crab traps as necessary to enhance:
(a)
The conservation and management of crab resources;
(b)
Boating safety;
(c)
The cleanliness of the beds and bottoms of the public waters of the state; and
(d)
Enforcement of this chapter.
(3)
Abandoned crab traps are litter and are subject to immediate removal and disposal.
Laws, 2002, ch. 525, § 2, eff. 7/1/2002.
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 49-15-85 - [Repealed]

Repealed by Laws of 2002, ch. 525, § 3, eff. 7/1/2002.
Laws, 1988, ch. 548, § 2, eff. 7/1/2002.
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 49-15-86 - Commercial and recreational crabbing licenses

(1)
Each vessel used in catching or taking any saltwater crabs in the waters of the State of Mississippi for commercial purposes shall obtain a license from the department and shall pay an annual resident license fee of Seventy-five Dollars ($75.00) or an annual nonresident license fee of Two Hundred Dollars ($200.00).
(2)
The department may require a recreational crabber's license for an administrative fee not to exceed Five Dollars ($5.00).
Laws, 1997, ch. 579, § 17, eff. 7/2/1997.
Amended by Laws, 2023, ch. 334, SB 2550,§ 1, eff. 7/1/2023.
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 49-15-87 - "Peeler crab" and "soft-shell crab" defined

(a)
"Peeler crab" means a blue crab having a new soft shell fully developed under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.
(b)
"Soft-shell crab" means a peeler crab which has recently shed its hard shell.
Laws, 1988, ch. 548, § 3, eff. 7/1/1988.
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 49-15-89 - Unlawful to catch, destroy, confine, hold or have in possession certain crabs

It shall be unlawful for any person to catch, destroy, confine, hold or have in his possession, whether for individual use or for market, any of the genus callinectes sapidus (blue crab) or allied species, of a smaller size than five (5) inches measured from the tip of one (1) lateral spine across the back of the shell to the tip of the opposite lateral spine; provided that peeler crabs and soft-shell crabs are exempt from these limitations. Conservation officers may inspect any catch for violations of any of the provisions of Sections
49-15-83
through
49-15-91
.
Laws, 1988, ch. 548, § 4, eff. 7/1/1988.
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 49-15-91 - Regulatory authority for maximum number of crab pots allowable per licensee

The commission may establish a maximum number of crab pots allowable per licensee.
Laws, 1988, ch. 548, § 5, eff. 7/1/1988.
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 49-15-92 - Penalties for theft of crab traps or crabs

(1)
Any person who steals, takes and carries away crab traps or the property of another used to catch saltwater crabs, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for the first offense; for the second offense, when the offense is committed within three (3) years of the first offense, shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00); for the third and subsequent offenses when committed within three (3) years of the first offense, shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00) or imprisoned for not more than six (6) months.
(2)
Any person, firm or corporation convicted and sentenced under this section for a second or subsequent offense shall not be considered for a reduction of the fine.
(3)
In addition to the penalties in subsection (1), any person who steals, removes, takes or carries away the crabs from another person's crab traps shall also pay restitution to the owner of the traps for the crabs taken.
(4)
This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
Laws, 2003, ch. 403, § 1, eff. 7/1/2003.
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 49-15-93 - Penalties

Any person violating any provision of Sections
49-15-83
through
49-15-91
shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Section
49-15-63
, Mississippi Code of 1972.
Laws, 1988, ch. 548, § 6, eff. 7/1/1988.
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 49-15-94 - Use of purse seine to catch mullet during roe mullet season; penalties

It is unlawful for any person to use a purse seine to catch mullet during the roe mullet season. A violation of this subsection is punishable by the penalties provided in Section
49-15-100(2)
for the unlawful use of gill or trammel nets.
Laws, 1994 Ex Sess, ch. 28, § 4; Laws, 1996, ch. 355, § 1, eff. 7/1/1996.
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 49-15-95 - Use of brill and cast nets

(1)
It is unlawful to use brill and cast nets greater than twelve (12) feet in radius in the marine waters of the state.
(2)
The commission shall not prohibit the use of brill and cast nets in the waters designated in subsection (1) of this section. No person shall catch more than fifty (50) pounds of shrimp per day using brill and cast nets as provided by this section.
Laws, 1992, ch. 550, § 3; Laws, 1994, ch. 578, § 25; Laws, 2001, ch. 351, § 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 49-15-96 - Keeping of certain fish caught in shrimp nets for personal consumption

Vessels licensed under Section
49-15-64.5
may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Laws, 1994, ch. 610, § 1; Laws, 1997, ch. 579, § 24; Laws, 2000, ch. 476, § 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 49-15-97 - Requirement that commercial fishing vessels use approved lights; penalties

(1)
It shall be unlawful for any commercial fisherman, firm or corporation to operate a vessel during the hours of sunset to sunrise when the season or time for such fishing is closed or in an area that is closed to fishing without using or displaying lights which comply with all federal regulations applicable to that vessel operated by the fisherman, firm or corporation.
(2)
For the purpose of this section, the term "commercial fisherman" shall mean a commercially licensed boat, commercially licensed fisherman or any person in possession of commercial fishing gear who would be subject to regulation under this chapter.
(3)
Any person, firm or corporation that violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Two Hundred Fifty Dollars ($250.00) or more than Five Hundred Dollars ($500.00) for the first offense; and not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) for the second offense when the second offense is committed within a period of three (3) years after the date on which the first offense was committed; and not less than Two Thousand Dollars ($2,000.00) or more than Four Thousand Dollars ($4,000.00) or imprisonment in the county jail for a period of not more than thirty (30) days for a third or subsequent offense when that offense is committed within a period of three (3) years after the date on which the first offense was committed.
Any fine or sentence, or both, imposed upon a person for a second, third or subsequent offense under this section shall not be suspended or reduced.
Laws, 1994, ch. 344, § 1, eff. 7/1/1994.
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 49-15-98 - [Repealed]

Repealed by Laws of 2001, ch. 381, § 1, eff. 7/1/2001.
Laws, 1994, ch. 579, § 1, eff. 7/1/1994.
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 49-15-99 - [Repealed]

Repealed by Laws of 1994 Ex Sess, ch. 28, § 3, eff. 8/24/1994.
Laws, 1994, ch. 579, § 2, eff. 7/1/1994.
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 49-15-100 - Usage of gill or trammel nets in certain marine waters; penalties

(1)
It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90.
(2)
(a)
For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch. 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.
(b)
The penalties for a violation of this section shall not be suspended or reduced.
Laws, 1994, ch. 579, § 3; Laws, 1994 Ex Sess, ch. 28, § 2; Laws, 1997, ch. 601, § 4, 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 49-15-100.1 - Forfeiture of vessels, motors and equipment used in violation of Section 49-15-100

It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90. Any person, firm or corporation violating this section shall be punished as provided for under Section
49-15-100
and in addition shall forfeit vessel, motor and equipment used in the violation. 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.
Laws, 1995, ch. 611, § 2; Laws, 1997, ch. 601, § 5, 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 49-15-100.3 - Prima facie evidence of use of prohibited equipment

The possession of a gill net, trammel net or like contrivance, or any other equipment prohibited for use in the taking or harvesting of seafood under this chapter on a vessel on the marine waters of this state where the use of the net, contrivance or equipment is prohibited, shall constitute prima facie evidence that an offense has been committed to take or harvest seafood with nets, contrivances or equipment prohibited by this chapter, unless the vessel is:
(a)
Anchored or moored at a permanent facility intended for the mooring of vessels;
(b)
Traveling directly between a marina, harbor or public boat launching facility and a United States Coast Guard marked and maintained navigation channel; or
(c)
Traveling within a United States Coast Guard marked and maintained navigation channel.
Laws, 1995, ch. 611, § 3; Laws, 2000, ch. 344, § 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 3 - GULF STATES MARINE FISHERIES COMPACT (§§ 49-15-101 — 49-15-109) › Section 49-15-103 - Membership of Gulf States Marine Commission

In pursuance of Article III of said compact there shall be three (3) members (hereinafter called commissioners) of the Gulf States Marine Commission (hereinafter called commission) from the State of Mississippi. The first commissioner from the State of Mississippi shall be president of the Mississippi Seafood Commission of the State of Mississippi ex-officio; and the term of any such ex-officio commissioner shall terminate at the time the said commissioner ceases to hold said office of president of the Mississippi Seafood Commission, and his successor as a member of this commission shall be his successor as president of the Mississippi Seafood Commission. The second commissioner from the State of Mississippi shall be a legislator; and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said legislative office, and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner, who shall have a knowledge of the marine fisheries problems. The term of said commissioner shall be for a period of three (3) years and, in addition, he shall serve until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term. The president of the Mississippi Seafood Commission, as ex-officio commissioner, may delegate from time to time, to any deputy or other member of the Mississippi Seafood Commission, the power to be present and participate, including voting as his representative, or substitute at any meeting of or hearing by or other proceeding of the commission.
Laws, 1950, ch. 556, § 2; Laws, 2006, ch. 393, § 2, brought forward without change effective 7/1/2006.
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 3 - GULF STATES MARINE FISHERIES COMPACT (§§ 49-15-101 — 49-15-109) › Section 49-15-105 - Cooperation of state officers and agencies

All officers of the State of Mississippi are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular, it being hereby declared to be the policy of the State of Mississippi to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of the State of Mississippi are hereby authorized and directed, at convenient times and upon request of the said commission, to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively.
Laws, 1950, ch. 556, § 3, eff. 1/17/1950.
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 3 - GULF STATES MARINE FISHERIES COMPACT (§§ 49-15-101 — 49-15-109) › Section 49-15-107 - Powers of commission

There is hereby granted to the commission and the commissioners thereof all the powers provided in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. Said powers shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Mississippi, or by the terms of said compact.
Laws, 1950, ch. 556, §§ 3 and 4, eff. 1/17/1950.
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 3 - GULF STATES MARINE FISHERIES COMPACT (§§ 49-15-101 — 49-15-109) › Section 49-15-109 - Records and reports

The commissioner shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Mississippi on or before the tenth day of February in each year, setting forth in detail the transactions conducted by it during the twelve (12) months preceding January 1st of that year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Mississippi which may be necessary to carry out the intent and purposes of the compact between the signatory states.
The auditor of the State of Mississippi is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements, and such other items referring to its financial standing as such auditor may deem proper, and to report the results of such examination to the Governor of the state.
Laws, 1950, ch. 556, § 5, eff. 1/17/1950.
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 4 - PROCEDURES FOR FORFEITURE OF PROPERTY SEIZED IN MARINE VIOLATIONS (§§ 49-15-201 — 49-15-207) › Section 49-15-203 - Answer; hearing in contested cases; order of forfeiture; rights of parties holding liens or security interests in property subject to forfeiture

(1)
Except as otherwise provided in Section
49-15-207
, an owner of property that has been seized pursuant to Section
49-15-21
or
59-21-33
, Mississippi Code of 1972, shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Department of Marine Resources or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Department of Marine Resources, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.
(2)
If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence.
(3)
At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.
(4)
If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Department of Marine Resources or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lien holder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Department of Marine Resources or the local law enforcement agency.
Laws, 2002, ch. 340, § 2, eff. 7/1/2002.
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 4 - PROCEDURES FOR FORFEITURE OF PROPERTY SEIZED IN MARINE VIOLATIONS (§§ 49-15-201 — 49-15-207) › Section 49-15-207 - Administrative forfeiture procedure for property with value not exceeding certain threshold

(1)
When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section
49-15-21
or
59-21-33
, Mississippi Code of 1972, the property may be forfeited by the administrative forfeiture procedures provided for in this section.
(2)
The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section
49-15-201(2)
.
(3)
If the notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks.
(4)
Notice pursuant to subsections (2) and (3) of this section shall include the following information:
(a)
A description of the property;
(b)
The approximate value of the property;
(c)
The date and place of the seizure;
(d)
The connection between the property and the violation of the laws under the jurisdiction of the Department of Marine Resources;
(e)
The instructions for filing a request for judicial review; and
(f)
A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.
(5)
Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.
(6)
If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section
49-15-205
.
(7)
Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section
49-15-201
.
Laws, 2002, ch. 340, § 4, eff. 7/1/2002.
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 49-15-303 - Powers and duties of advisory commission

The advisory commission shall have the following powers and duties:
(a)
To advise the department regarding marine resources within the jurisdiction of the department;
(b)
To advise the executive director on whether to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission; and
(c)
To advise the department on whether to adopt, amend or repeal any rules and regulations necessary for the operation of the department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood.
Laws, 1994, ch. 578, § 2; Laws, 1999, ch. 558, § 4, eff. 4/21/1999.
Amended by Laws, 2020, ch. 418, HB 827,§ 3, eff. 7/1/2020.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-304 - Promulgation of regulations regarding marine resources

The department, with the advice of the advisory commission, may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marine resources under its jurisdiction. Rules and regulations adopted by the department shall be consistent with the public policy expressed in Section
29-15-3
(public trust tidelands), Section
39-7-3
(antiquities and historic preservation), Section
49-15-1
(seafood), Section
49-17-3
(pollution control), Section
49-27-3
(coastal wetlands protection) and Section
57-15-6
(coastal zone management). The department may make exceptions to and grant variances from any rules and regulations adopted by the department. The department shall give due consideration to permissable uses of the natural resources within its jurisdiction when promulgating rules and regulations.
Laws, 2000, ch. 618, § 1, eff. 5/23/2000.
Amended by Laws, 2020, ch. 418, HB 827,§ 4, eff. 7/1/2020.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-305 - Executive director; nomination; powers and duties

(1)
The Governor shall appoint the Executive Director of the Department of Marine Resources, with the advice and consent of the Senate, who shall serve at the will and pleasure of the Governor. The executive director shall be knowledgeable and experienced in marine resources management.
(2)
The executive director of the department shall have the following powers and duties:
(a)
To supervise and direct all administrative, inspection and technical activities and personnel of the department;
(b)
To employ qualified professional personnel in the subject matter or fields, and any other technical and clerical staff as may be required for the operation of the department;
(c)
To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;
(d)
To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at any other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;
(e)
To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for the purposes by the Legislature; and
(f)
To carry out all regulations and rules adopted by the department and enforce all licenses and permits issued by the department.
Laws, 1994, ch. 578, § 4; Laws, 1999, ch. 558, § 5, eff. 4/21/1999.
Amended by Laws, 2020, ch. 418, HB 827,§ 5, eff. 7/1/2020.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-307 - Powers and duties of department

The department shall have the following powers and duties:
(a)
To implement the policy of the department regarding marine resources within the jurisdiction of the department;
(b)
To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(c)
To commission or conduct studies designed to determine alternative methods of managing and conserving the marine resources of this state in a manner to ensure efficiency and sustained productivity;
(d)
To issue permits and licenses authorized by law or regulation;
(e)
To equip and supply check stations, remote duty stations and personnel for extended duty;
(f)
To develop programs to enhance the marketing of the state's recreational and commercial marine resources;
(g)
To provide gear, insignias, and otherwise equip personnel subject to the amount appropriated for those purposes; and
(h)
To discharge any other duties, responsibilities and powers as are necessary to implement this chapter.
Laws, 1994, ch. 578, § 5; Laws, 1999, ch. 558, § 6, eff. 4/21/1999.
Amended by Laws, 2020, ch. 418, HB 827,§ 6, eff. 7/1/2020.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-309 - Establishment of saltwater recreational fishing record list

(1)
The department is hereby authorized and directed to establish and maintain a saltwater recreational fishing record list of marine fish taken in the state.
(2)
The department shall direct fisheries biologists of the department to seek records from fishing rodeos, tournaments or other valid sources of the largest fish of each marine species commonly occurring in the waters of the state.
(3)
The department shall declare the initial listing as the official state saltwater records.
(4)
The department shall establish criteria for maintaining and updating the official records list.
(5)
The department is hereby directed to present all state record holders with a certification of achievement in marine recreational fishing.
Laws, 1994, ch. 578, § 6, eff. 7/1/1994.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-311 - Authority of department to purchase physical loss and liability coverage insurance

The department may obtain and pay on coverage for physical loss and liability upon any vehicle or aircraft owned or under control of the department. The department may determine the limits of each insurance policy.
Laws, 1994, ch. 578, § 7, eff. 7/1/1994.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-315 - Unlawful to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in certain marine waters; exceptions; Gulf Coast Research Laboratory to study estuaries and bays deemed to be nurseries; department to set limits on all catches for noncommercial use; penalties

(1)
It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the marine waters north of the CSX bridge in the three (3) coastal counties, except for the following:
(a)
A person may take any euryhaline species of minnow; and
(b)
A licensed commercial oyster fisherman may harvest oysters from reefs approved by the commission.
(2)
The Gulf Coast Research Laboratory shall study all estuaries and bays deemed to be nurseries. The Gulf Coast Research Laboratory may recommend the establishment of nursery grounds in the estuaries and bays if necessary to protect the state's fishing resources.
(3)
The department shall set the limits on all catches for noncommercial use.
(4)
A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section
49-15-100(2)
, or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. 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.
Laws, 1994, ch. 578, § 9; Laws, 1997, ch. 379, § 3; Laws, 1997, ch. 601, § 6; Laws, 2011, ch. 326, § 1; Laws, 2012, ch. 328, § 1, eff. 7/1/2012.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-317 - Certain charter or recreational fishing boats authorized to fillet certain fish at sea

Any charter or recreational fishing boat in the Gulf of Mexico over twenty-four (24) hours before returning to land may fillet any fish caught by its charter or recreational fishermen. The commission shall not adopt any rule or ordinance prohibiting or unduly restricting the filleting of fish by such charter or recreational fishing boats.
Laws, 1994, ch. 578, § 10, eff. 7/1/1994.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-319 - Filing float plan; effect of failure to file

(1)
Any charter or recreational fishing boat which will be in the Gulf of Mexico over twenty-four (24) hours shall file a float plan with the department prior to departure.
(2)
If a float plan is not filed, the fish on such boat shall not be filleted.
Laws, 1994, ch. 578, § 11, eff. 7/1/1994.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-321 - Commission authorized to establish sanctuaries and nursery grounds; unlawful to engage in prohibited activity in designated sanctuary or nursery area

The commission is hereby authorized to establish sanctuaries to protect the state's fishing resources. The establishment of a sanctuary shall be based on overall public interest and prudent fisheries management and research. The commission shall establish nursery grounds in the estuaries and bays sufficient to protect the state's fishing resources.
It shall be unlawful to engage in any activity prohibited by the commission in a designated sanctuary or nursery area.
Laws, 1994, ch. 578, § 12, eff. 7/1/1994.
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 5 - MISSISSIPPI COMMISSION ON MARINE RESOURCES (§§ 49-15-301 — 49-15-325) › Section 49-15-323 - Department to have jurisdiction over certain violations of marine resources law or regulations committed in the Gulf of Mexico outside state's territorial waters

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state's territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 USCS Section 1856, or any other provision of federal law, the Department of Marine Resources shall have jurisdiction of the offense and may commence administrative enforcement action against alleged violators in accordance with the administrative procedures provisions of Section
49-15-401
et seq., Mississippi Code of 1972.
Laws, 2008, ch. 372, § 1, eff. 7/1/2008.
Amended by Laws, 2021, ch. 404, HB 1211,§ 9, eff. 7/1/2021.
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 49-15-325 - Suspension or revocation of license

(1)
The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section
93-11-153
. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section
93-11-157
or
93-11-163
, as the case may be. If there is any conflict between any provision of Section
93-11-157
or
93-11-163
and any provision of this chapter, the provisions of Section
93-11-157
or
93-11-163
, as the case may be, shall control.
(2)
If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a seafood law or regulation, the commission may revoke the applicable license of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first-class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the license of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the applicable license of that person.
(3)
A person whose license has been revoked under subsection (2) of this section shall remain revoked until the person can show proof that all obligations of the court have been met.
Added by Laws, 2015, ch. 393, § 1, eff. 3/18/2015.
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 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-401 - Purpose; department not to seek both administrative and criminal penalties except under limited circumstances

It is the purpose of this article to establish an administrative hearing procedure for the Mississippi Department of Marine Resources to enforce the rules and regulations set forth in Title 22 of the Administrative Code and Sections
49-15-1
through
49-15-321
,
49-27-1
through
49-27-71
,
59-21-111
, and such other statutes within the jurisdiction of the Department of Marine Resources. Unless specifically authorized, the department shall not seek both administrative and criminal penalties against violators of the statutes referred to herein for the same offense, except as provided in Section
49-15-63
.
Laws, 2005, ch. 422, § 1, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 1, eff. 7/1/2021.
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 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-407 - Waiver of right to hearing

Failure of the alleged violator to request an informal settlement conference, a hearing, or to respond to the complaint within thirty (30) days shall constitute a waiver of the right to a hearing, and any penalties assessed by the executive director shall be due and payable as provided in Section
49-15-415
.
Laws, 2005, ch. 422, § 4, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 4, eff. 7/1/2021.
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 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-409 - Jurisdiction; rules and regulations

The department shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and the authorities outlined in Section
49-15-401
. The department may adopt rules and regulations to implement the provisions of this article.
Laws, 2005, ch. 422, § 5, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 5, eff. 7/1/2021.
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 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-411 - Judicial review

(1)
Any individual aggrieved by a final decision of the executive director shall be entitled to judicial review.
(2)
Any appeal from the executive director's decision shall be filed in the Chancery Court of the Second Judicial District of Harrison County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing held before the hearing officer. The appeal shall be filed within thirty (30) days after notification of the final decision of the executive director is mailed or served, and the proceedings in chancery court shall be conducted as other matters coming before the court on appeal. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all estimated costs, including the cost of preparation of the record of the proceedings before the executive director, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the executive director's final decision be affirmed by the chancery court, the aggrieved party shall pay the costs of the appeal to the chancery court.
(3)
The scope of review of the chancery court in such cases shall be limited to a review of the record made before the executive director's final decision to determine if the decision is unlawful for the reason that it was:
(a)
Not supported by any substantial evidence;
(b)
Arbitrary or capricious; or
(c)
In violation of some statutory or constitutional right of the individual.
(4)
No relief shall be granted based upon the court's finding of harmless error by the executive director in complying with the procedural requirements of this article. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(5)
Any party aggrieved by action of the chancery court may appeal to the State Supreme Court in the manner provided by law.
Laws, 2005, ch. 422, § 6, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 6, eff. 7/1/2021.
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 7 - ADMINISTRATIVE HEARING PROCEDURE FOR COMMISSION ON MARINE RESOURCES (§§ 49-15-401 — 49-15-417) › Section 49-15-413 - Civil penalties for violations

Each violation of the rules and regulations set forth in Title 22 of the Administrative Code or violations of the statutes set forth in Chapters 15 and 27 of Title 49, and Chapter 21 of Title 59, Mississippi Code of 1972, shall be subject to the imposition of a civil penalty up to Ten Thousand Dollars ($10,000.00).
Laws, 2005, ch. 422, § 7, eff. 7/1/2005.
Amended by Laws, 2021, ch. 404, HB 1211,§ 7, eff. 7/1/2021.