reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.1 - The implementation of the requirements by the MDMR as specified herein is subject to the following

Current through June 25, 2024
A. No procedure or
				guideline of the NSSP or ISSC, which is or may be in conflict with any
				provisions of Mississippi Code, has or will be applied or enforced by the
				MDMR.
B. No procedure or guideline
				of the NSSP or ISSC, which is more stringent than any relevant federal
				regulation or law, has or will be applied by the MDMR.
C. The MDMR may, consistent with its existing
				practice, dispute any proposed or adopted procedure or guideline of the ISSC,
				in accordance with the procedures laid down therefore by said Conference, when,
				in the opinion of the MDMR, any such proposed guideline or regulation would
				appear to be unnecessary for the accomplishment of the goals of the ISSC, or
				scientifically invalid, or unduly and unnecessarily burdensome upon the State
				of Mississippi's molluscan shellfish industry, or for any other reason found by
				the MDMR.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-I
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.2

Current through June 25, 2024
Nonresidents participating in molluscan shellfish related
				  activities in the State of Mississippi must pay all fees and licenses set forth
				  by the MDMR. This excludes the purchase of molluscan shellfish for personal
				  consumption.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-30,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-VIE
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.3 - Management Plan for Shellfish Growing Waters

Current through June 25, 2024
A. The MDMR will
				maintain a management plan in accordance with the most current version of the
				NSSP Model Ordinance. This plan will include the classification of shellfish
				growing waters, the criteria for conditionally approved growing waters, the
				opening and closing criteria for growing areas within the State of Mississippi,
				and other relevant information.
B.
				The MDMR will supply a copy of the current time and temperature table by
				request.
C. The MDMR may modify or
				change the area specific growing waters management provisions and the
				classifications and descriptions of shellfish growing waters as necessary and
				will update the molluscan shellfish management plan when a change
				occurs.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-27,
				  49-15-63,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-II, II-IV, II-VIII, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.4 - Shellfish Growing Waters Openings and Closings for State-Owned Reefs and Private Leases

Current through June 25, 2024
A. The MDMR will
				set the opening date of oyster season on state-owned reefs in an opening order
				in accordance with the most current version of the NSSP Model Ordinance. The
				opening order will include:
1. Opening
				date
2. Open molluscan shellfish
				growing areas
3. Check station
				location(s)
4. Oyster hotline
				number
5. Sack limits and/or
				quotas
6. Allowable gear
				type
7. Reference to the rules and
				regulations of molluscan shellfish related activities
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.5 - Approved Classification of Molluscan Shellfish Growing Waters

Current through June 25, 2024
A. Approved growing waters are areas where
				the growing and harvesting of shellfish for direct market is allowed by the
				MDMR Authority.
B. Approved growing
				waters may be opened and closed to the direct harvest of shellfish by the MDMR
				Authority in accordance with the most current version of the NSSP Model
				Ordinance.
C. An area is considered
				approved when a sanitary survey shows that there are not pathogenic
				micro-organisms, poisonous and deleterious substances present in dangerous
				concentrations and where bacteriological quality of the water of every sampling
				station does not exceed a fecal coliform median or geometric mean in accordance
				with the most current version of the NSSP Model Ordinance.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-IV, II-VII, III-IV, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.6 - Conditionally Approved Classification of Molluscan Shellfish Growing Waters

Current through June 25, 2024
A. An area is considered conditionally
				approved when a sanitary survey of the area, conducted by an MDMR Authority,
				shows that the area meets the conditions of approved growing waters except
				under certain environmental conditions such as heavy rainfall or river
				stage.
B. All molluscan shellfish
				growing waters classified as conditionally approved may be open for the direct
				harvest of shellfish by the MDMR provided that water quality meets the
				conditions defined for that area.
C. During any closure of a conditionally
				approved area, the MDMR will sample the water of the closed area until
				shellfish are free of pollutants in accordance with the respective growing
				waters management plan.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-IV, II-VII, III-IV, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.7 - Restricted Classification of Molluscan Shellfish Growing Waters

Current through June 25, 2024
A. All molluscan shellfish growing waters
				classified as restricted are closed to the direct harvest of
				shellfish.
B. The MDMR may permit
				relaying or depuration operations of these areas after a sufficient study
				determines that the shellfish will depurate to the required levels within a
				specified period of time, and that the growing waters in these areas meet the
				requirements to be classified as restricted to relaying and/or depuration in
				accordance with the most current version of the NSSP Model Ordinance.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-IV, II-VII, III-IV, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.8 - Prohibited Classification of Molluscan Shellfish Growing Waters

Current through June 25, 2024
All molluscan shellfish growing waters classified as
				  prohibited are closed to the harvest of molluscan shellfish at all
				  times.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-IV, II-VII, III-IV, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 3 - Management and Classification of Molluscan Shellfish Growing Waters › Rule 22-1-3.9 - Unclassified Waters

Current through June 25, 2024
All waters deemed unclassified by the MDMR are closed to the
				  harvest of molluscan shellfish pending a sanitary survey of the
				  area.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-rV
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 4 - Harvesting, Landing and Transfer of Molluscan Shellfish › Rule 22-1-4.1 - Harvesting Molluscan Shellfish

Current through June 25, 2024
A. A license issued
				by the MDMR is required to take molluscan shellfish from the waters under the
				territorial jurisdiction of the State of Mississippi.
B. All molluscan shellfish taken from waters
				of the territorial jurisdiction of the State of Mississippi must:
1. Be properly tagged and taken legally from
				an area declared open for harvest by the MDMR Authority.
2. Be accompanied by a trip ticket that
				indicate the check-out time, must remain with the catch until final delivery
				and must be available for inspection with the molluscan shellfish by an MDMR
				Authority.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 4 - Harvesting, Landing and Transfer of Molluscan Shellfish › Rule 22-1-4.3 - Harvesting Molluscan Shellfish from On-Bottom Private Leases

Current through June 25, 2024
A. All on-bottom molluscan shellfish reef
				lessees must abide by all statements, terms, conditions or clauses in the:
				Department of the Army, Mobile District Corps of Engineers Permit and the MDMR
				Wetlands Permit (available on the MDMR website), Lease Agreement for Oyster
				Production, and MDMR Shellfish Bureau Commercial Molluscan Shellfish Lease
				Permit and adhere to the rules outlined in the most current version of the NSSP
				Model Ordinance.
B. All on-bottom
				molluscan shellfish aquaculture harvesters must have a trip ticket fully
				completed and submitted to the MDMR within twenty-four (24) hours of
				harvest.
C. All on-bottom molluscan
				shellfish reef leases are subject to closure based on area classifications and
				the management for shellfish growing waters within the state of Mississippi per
				Rule 3.4 of this Title and Part.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-27,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-VIII, III-VIII, IV-H
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 4 - Harvesting, Landing and Transfer of Molluscan Shellfish › Rule 22-1-4.4 - Harvesting Molluscan Shellfish from Off-Bottom Aquaculture Leases

Current through June 25, 2024
A. All off-bottom molluscan shellfish
				aquaculture harvesters must adhere to the rules outlined in the lease contract,
				lease permit, this Part, and the most current version of the NSSP Model
				Ordinance.
B. All off-bottom
				molluscan shellfish aquaculture harvesters must have a trip ticket fully
				completed and submitted to the MDMR within twenty-four (24) hours of the start
				of harvest.
C. All off-bottom
				molluscan shellfish aquaculture leases are subject to closure based on area
				classifications and the management for shellfish growing waters within the
				state of Mississippi per Rule
				3.4 of this Title and Part.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-VIII, III-VIII, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 4 - Harvesting, Landing and Transfer of Molluscan Shellfish › Rule 22-1-4.5 - Transferring Tagged Molluscan Shellfish

Current through June 25, 2024
A. When molluscan
				shellfish are transferred from a harvester to a dealer or from a dealer's
				mobile unit to another dealer's mobile unit, the transfer of tagged molluscan
				shellfish must take place across transfer facilities or locations that are
				periodically monitored by MDMR for sanitary conditions or at a certified
				dealer's facility that is inspected by the MDMR.
B. There must be no such transfers at any
				other locations except for emergency conditions as declared by the certified
				dealer and approved by an MDMR Authority.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-XI, II-XII; II-XTV
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 5 - Labeling and Tagging of Molluscan Shellfish › Rule 22-1-5.1

Current through June 25, 2024
All molluscan shellfish shipped within, into or out of the
				  State of Mississippi by a certified dealer must be tagged and legibly labeled
				  in accordance with the most current version of the NSSP Model
				  Ordinance.
Miss. Code
				  Ann. §§
										49-15-42,
				  49-15-46; NSSP Model Ordinance
				  §§ II-VIII, II-X, III-X
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 5 - Labeling and Tagging of Molluscan Shellfish › Rule 22-1-5.2

Current through June 25, 2024
Bulk tagging of shellstock is permitted in accordance with
				  the most current version of the NSSP Model Ordinance.
Miss. Code
				  Ann. §
										49-15-42; NSSP Model Ordinance
				  §§ II-VII, II-X
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 5 - Labeling and Tagging of Molluscan Shellfish › Rule 22-1-5.3

Current through June 25, 2024
All molluscan shellfish harvested for personal consumption by
				  a commercial or recreational harvester must be red tagged and accompanied by a
				  trip ticket indicating all harvest information.
Miss. Code
				  Ann. §
										49-15-46; NSSP Model Ordinance
				  § II-VII
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 5 - Labeling and Tagging of Molluscan Shellfish › Rule 22-1-5.4 - Dealer Tagging

Current through June 25, 2024
A. All containers
				or packages enclosing fresh shucked or frozen raw shucked molluscan shellfish
				and shucked molluscan shellfish products shipped within, into or out of the
				State of Mississippi must originate from a certified dealer and must be
				conspicuously, indelibly, and legibly labeled in accordance with the most
				recent version of the NSSP Model Ordinance, with the following information:
1. Name of the product.
2. Name and address of the packer, repacker,
				or distributor.
3. Size of
				container.
4. Certification
				number.
5. Net drained weight when
				packed.
6. Packages containing
				sixty-four (64) fluid ounces or more must have, on the lid and sidewall or
				bottom, the "DATE SHUCKED" indicated as the number of the day, month and year
				or the month, day, and year.
7.
				Packages of less than sixty-four (64) fluid ounces of fresh product must be
				labeled with the wording "SELL BY" followed by a date expressed as a month,
				day, and year.
8. The 'sell by'
				date must not exceed seventeen (17) days from the date shucked.
9. Containers of frozen shucked molluscan
				shellfish must show the date the product was shucked and the date frozen,
				labeled as "DATE SHUCKED" and "DATE FROZEN" followed by the date expressed as
				the month, day, and year.
10.
				Shucked product previously frozen must be labeled with the wording "PREVIOUSLY
				FROZEN".
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 5 - Labeling and Tagging of Molluscan Shellfish › Rule 22-1-5.5 - Tagging Shellstock from Private Leases and State-Owned Reefs

Current through June 25, 2024
A. All on-bottom and off-bottom molluscan
				shellfish reef lessees must adhere to the labeling and tagging rules and
				regulations outlined in the lease contract, lease permit and the most current
				version of the NSSP Model Ordinance.
B. Shellstock must be tagged at the time of
				landing with indelible, legible information in accordance with the most current
				version of the NSSP Model Ordinance.
C. It is unlawful for any person, firm, or
				corporation harvesting from state-owned reefs to have possession of tags in
				excess of the daily sack limit.
D.
				All shellstock tags must be affixed to the sack or container with the fastener
				provided by the MDMR.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-X, III-X, II-VIII, IV-HI
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 6 - Receiving, Storage, Handling and Packing of Molluscan Shellfish › Rule 22-1-6.1 - Receiving and Storage of Molluscan Shellfish

Current through June 25, 2024
A. Dealers
				receiving shellstock from a harvester must only accept shellstock that is
				accompanied by documentation from the harvester confirming that the shellstock
				was harvested in accordance with the most current time and temperature chart
				developed by the MDMR.
B. Molluscan
				shellfish harvesters, dealers and processors must ensure that shellfish are
				under temperature control within the allotted time outlined in the time and
				temperature chart developed by the MDMR. Molluscan shellfish must be kept
				either adequately iced or under mechanical refrigeration until final
				sale.
C. Molluscan shellfish must
				be stored in a mechanically refrigerated unit which is equipped with automatic
				temperature controls and maintains the ambient air temperature in the storage
				within the allotted time outlined in the time and temperature chart developed
				by the MDMR.
D. Frozen molluscan
				shellfish must be stored in such a manner as to remain frozen.
E. All ice used in the processing and storage
				of shellstock or shucked product must be made on-site from potable water in a
				commercial ice machine or come from a facility regulated by the MDMR or an
				appropriate regulatory agency.
F.
				At the points of transfer, shellfish must be kept for no more than two (2)
				hours without being adequately iced or under mechanical temperature
				control.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  II-X, II-XI, II-XII, II-XIII, II-XIV, II-XV,
				  III
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 6 - Receiving, Storage, Handling and Packing of Molluscan Shellfish › Rule 22-1-6.2 - Record Keeping and Tag Retention

Current through June 25, 2024
A. Certified
				dealers and processors must keep accurate records showing the names, addresses,
				and certification numbers of all persons from whom lots of molluscan shellfish
				are received, the source of each lot (growing area), the names and addresses of
				persons to whom lots are sold or shipped and the dates of these
				transactions.
B. Shellfish tags are
				required to be attached to containers until containers are empty and thereafter
				kept on record for at least ninety (90) days.
C. Certified dealers and processors must
				record the tag number of each container of shellstock and to whom or from whom
				the shellstock were shipped, sold, bought, or received. Such records must be
				open to inspection at any time during operating hours, by any duly authorized
				representative of the MDMR.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-IX, II-X, III-X
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 6 - Receiving, Storage, Handling and Packing of Molluscan Shellfish › Rule 22-1-6.3 - Adulterated, Misbranded or Unlabeled Molluscan Shellfish Products

Current through June 25, 2024
A. It is unlawful for any person, firm or
				corporation within the state of Mississippi to produce, harvest, provide,
				purchase, sell, offer, possess, expose for sale, or have in possession with
				intent to sell, any raw shellfish and shellfish products which are adulterated,
				misbranded, or unlabeled.
B. No
				person, firm or corporation shall hold or pack shellfish under conditions
				whereby the shellfish may become adulterated.
C. Any adulterated, misbranded, mislabeled,
				or unlabeled shellfish or shellfish products will be impounded by the direction
				of an MDMR Authority.
D. Seizure
				and disposal of such shellfish products must be by the direction of an MDMR
				Authority.
E. If shellstock
				harvested from an off-bottom molluscan shellfish aquaculture lease is found to
				be adulterated, misbranded, mislabeled, or unlabeled, adequate cleansing of the
				shellstock will be considered in accordance with the most current version of
				the NSSP Model Ordinance and by the guidance of an MDMR Authority.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-21,
				  49-15-42,
				  49-15-44,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-I
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 6 - Receiving, Storage, Handling and Packing of Molluscan Shellfish › Rule 22-1-6.4 - Recall of Molluscan Shellfish

Current through June 25, 2024
A. When molluscan
				shellfish have been landed and moved into or through the handling, processing
				and/or marketing system and have been determined by the MDMR Authority as
				subjected to contamination that threatens public health, the molluscan
				shellfish will be recalled.
B. The
				recalled shellfish must be properly disposed of under the supervision of an
				MDMR Authority to prevent human consumption.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-36,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § IV-II; IV-V
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 7 - Shipping and Transportation of Molluscan Shellfish › Rule 22-1-7.1 - Transporting Molluscan Shellfish

Current through June 25, 2024
A. Transported
				shellstock must be legally harvested from the originating State and legally
				transported in accordance with the most current version of the NSSP Model
				Ordinance.
B. Licensed harvesters
				may transport their own daily harvested shellstock intrastate, unrefrigerated,
				within the time limits outlined in the most recent time and temperature chart
				developed by the MDMR Authority.
C.
				If shellstock has been previously refrigerated, it must be transported in a
				refrigerated unit.
D. Dealers and
				processors must ship all molluscan shellfish adequately iced or in mechanically
				refrigerated conveyances which are equipped with automatic temperature controls
				that maintain the ambient air temperature in the storage in accordance with the
				most current version of the time and temperature chart developed by the
				MDMR.
E. All shucked molluscan
				shellfish must be in either mechanically refrigerated vehicles or adequately
				iced.
F. All ice used in the
				transportation of molluscan shellfish must be made on-site from potable water
				in a commercial ice machine or come from a facility regulated by the MDMR or an
				appropriate regulatory agency.
G.
				Frozen molluscan shellfish must be transported in such a manner as to remain
				frozen solid and the temperature of the product maintained at 0°F
				(-17.8°C) or less.
H. All
				mechanically refrigerated transport vehicles, other than common carriers, used
				for transporting molluscan shellfish must be certified and inspected by the
				MDMR Authority.
I. All molluscan
				shellfish, either refrigerated or not, must be protected from the sun and
				contamination during transport.
J.
				During the period of May 1 through September 30 of each year, all boats or
				vessels transporting shell stock must protect the shell stock from direct
				exposure to the sun by having an awning or similar covering over the
				shellstock.
K. Boats or vessels
				transporting shellstock legally harvested and legally transported from waters
				outside the State of Mississippi into Mississippi must:
1. Apply for and receive a Commercial
				Molluscan Shellfish Transport Permit from the MDMR Shellfish Bureau before
				entering Mississippi territorial waters.
2. Comply with all permit conditions required
				by the MDMR Authority.
3. Properly
				tag shellstock in accordance with the most current version of the NSSP Model
				Ordinance.
4. Mechanically
				refrigerate shellstock when required by the most current version of the time
				and temperature chart developed by the MDMR Authority.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 7 - Shipping and Transportation of Molluscan Shellfish › Rule 22-1-7.2 - Interstate Commerce

Current through June 25, 2024
A. Interstate
				shipping of molluscan shellfish must only be through a licensed and certified
				seafood dealer and/or processor.
B.
				Only a Mississippi Certified Dealer is permitted to ship molluscan shellfish,
				harvested from Mississippi waters, or landed in the state, into interstate
				commerce.
C. No molluscan shellfish
				must enter or exit the state of Mississippi unrefrigerated. Marine vessels
				transporting molluscan shellstock must follow the rules outlined in the
				Commercial Molluscan Shellstock Transport Permit issued by the MDMR.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-44,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-I
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 8 - Molluscan Shellfish Aquaculture Operations › Rule 22-1-8.1 - All molluscan shellfish aquaculture operations

Current through June 25, 2024
All molluscan shellfish aquaculture operations:
A. Must comply with all permits and
				regulations governing molluscan shellfish including the most current version of
				the NSSP Model Ordinance. Harvested molluscan shellfish, whether from
				aquaculture farms, leases, or facilities, must be landed and tagged according
				to this Part.
B. Must only culture
				species native to the Gulf of Mexico. Polyploid native species are permitted.
				Imported shellfish aquaculture seed to be used for grow-out in Mississippi
				waters must be descendants of broodstock who originated in the Gulf of Mexico.
				The hatchery where the aquaculture seed was produced must provide documentation
				of broodstock origin.
C. Are
				prohibited from discharging any waste materials into the surrounding waters
				excluding fouling organisms, the excrement of the cultured species, and
				commercially prepared feeds.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-42,
				  49-15-44,
				  49-15-46,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-VI, III-VI
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 8 - Molluscan Shellfish Aquaculture Operations › Rule 22-1-8.2 - On-Bottom Molluscan Shellfish Aquaculture

Current through June 25, 2024
A. Any cultch
				materials used for molluscan shellfish aquaculture must be approved by the MDMR
				before use.
1. Approval is based, in part, on
				the environmental suitability of the material.
2. Cultch materials placed in the grow-out
				area must be a suitable substrate for attachment of molluscan shellfish larvae.
				These include materials such as natural molluscan shells; fossilized shell;
				coral, and other aquatic organisms; lithic materials such as crushed and graded
				limestone, granite, and gravel which contain calcium carbonate or fossilized
				organisms; or recycled materials which contain lithic fractions and calcium
				carbonate, including crushed concrete.
3. Exceptions to this list of generally
				accepted cultch materials must be specifically approved by the MDMR
				Authority.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 8 - Molluscan Shellfish Aquaculture Operations › Rule 22-1-8.3 - Off-Bottom Molluscan Shellfish Aquaculture

Current through June 25, 2024
A. Aquaculture
				harvesters are permitted to grow aquaculture seed in marinas and other
				prohibited or unclassified growing waters.
1.
				Harvesters must obtain a permit for this activity from the MDMR Shellfish
				Bureau.
2. Harvesters must adhere
				to the rules and regulations outlined in the Public Trust Tidelands Sublease,
				Commercial Aquaculture Permit, this Part, and the most current version of the
				NSSP Model Ordinance.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.1 - License and Certification

Current through June 25, 2024
A. It is unlawful
				for any person, firm, or corporation to engage in handling, shucking,
				packaging, repackaging, or shipping molluscan shellfish without a license and
				certification from the MDMR Authority.
B. The license and certification must be
				renewed annually.
C. This rule does
				not apply to:
1. A retailer removing oysters
				individually from the packaging for display and/or resale to the end
				user.
2. A restaurant or similar
				establishment, which may shuck and serve raw molluscan shellfish at a
				half-shell bar, under sanitary conditions, for consumption on the
				premises.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.2

Current through June 25, 2024
All certified molluscan shellfish seafood facilities must
				  follow the provisions described in the most current version of the NSSP Model
				  Ordinance.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-I, II-VI, II-VII, III-I, IV-III
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.3

Current through June 25, 2024
Any person, firm, or corporation intending to alter an
				  existing or construct a new molluscan shellfish handling, transporting, and/or
				  processing facility must acquire a Mississippi Certified Shellfish Sanitation
				  or Processing Plant license and certification from the MDMR Authority. The MDMR
				  Authority must be contacted prior to handling or processing any molluscan
				  shellfish in any fashion in any altered or new molluscan shellfish
				  facility.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-I, II-VI, II-VII, III-I, IV-III
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.4

Current through June 25, 2024
Post-Harvest Processing of molluscan shellfish is permitted
				  as described in the most current version of the NSSP Model
				  Ordinance.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-I, II-VI, II-VII, III-I, III-XVI, IV-III,
				  IV-IV
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.5 - MDMR Responsibility

Current through June 25, 2024
A. The MDMR will
				issue certifications and conduct routine inspections of molluscan shellfish
				facilities in accordance with the most current version of the NSSP Model
				Ordinance.
B. The MDMR will issue
				to certified dealers, itemized statements of compliances and
				non-compliances.
C. For the cited
				excessive non-compliances, the MDMR will provide the facility manager with a
				schedule of corrections to bring the facilities into compliance.
D. Certification will not be issued or
				renewed without compliance and will be considered revoked.
E. It is unlawful to operate a processing or
				shipping facility without a current valid license and certification.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-I
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.6

Current through June 25, 2024
It is the duty and responsibility of each owner, manager, and
				  operator of a certified molluscan shellfish facility:
A. To ensure that all regulations are
				strictly adhered to and that only safe, wholesome, unadulterated molluscan
				shellfish are offered for sale to the consuming public.
B. To ensure that the facility is properly
				supervised at all times and all molluscan shellfish can be identified to
				guarantee that they were harvested from approved and conditionally approved
				growing waters in the open status and that they have been handled and processed
				in a sanitary manner.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  § II-I, II-VI, II-VII, III-I, IV-III
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 9 - Molluscan Shellfish Dealers, Processors and Facilities › Rule 22-1-9.7 - Suspension of License and Certification

Current through June 25, 2024
A. License and
				certification held by any person, firm or corporation will be suspended or
				revoked by the MDMR Authority:
1. If there is
				reason to believe that a public health hazard exists.
2. If the holder violates any of the
				requirements of this regulation.
3.
				If the holder interferes with a representative of the MDMR in the performance
				of duties.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 10 - Molluscan Shellfish Leases › Rule 22-1-10.1

Current through June 25, 2024
All Molluscan Shellfish Leases must adhere to the following
				  boundary markings:
A. Appropriate
				poles, stakes, or buoys, constructed of such material as will not be injurious
				to watercraft, must mark all leases at the expense of the
				leaseholder.
B. Each leaseholder
				must mark at least the four (4) corners of each lease with an appropriate
				marker and must maintain all markers.
C. Each marker must list the lease number and
				marker position (i.e., southeast (SE) corner).
D. Each off -bottom lessee must file a
				"Private Aids to Navigation" application with and receive permit approval from
				the U.S. Coast Guard, for the lease markers, and provide a copy of the permit
				approval to the MDMR Director of Marine Fisheries prior to final granting of
				the lease and placement of the markers.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-27,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-VIII, II-X
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 10 - Molluscan Shellfish Leases › Rule 22-1-10.2

Current through June 25, 2024
All off-bottom molluscan shellfish aquaculture harvesters
				  must adhere to the rules and regulations outlined in the applicable Public
				  Trust Tidelands Sublease, Commercial Aquaculture Permit, this Part, and the
				  most current version of the NSSP Model Ordinance.
Miss. Code
				  Ann. §§
										49-15-15; NSSP Model Ordinance
				  § II-VIII
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 10 - Molluscan Shellfish Leases › Rule 22-1-10.3 - On-Bottom Molluscan Shellfish Leases

Current through June 25, 2024
A. Lease
				Application
1. Any person wanting to lease
				bottoms must complete an on-bottom shellfish lease application in writing and
				submit it to the MDMR Authority. Applications are available at the MDMR
				office.
2. An application fee of
				$50 must be rendered at the time of submission.
3. Applicants must be a resident of the State
				of Mississippi or be organized under the laws of the State and registered with
				the Secretary of State's Office.
4.
				The time and date of the receipt of each application will be noted on the
				application.
5. Each application
				must be accompanied by a plat showing the proposed lease area using decimal
				degrees coordinates, a map taken from NOAA nautical charts, 11371, 11372,
				11373, or 11374, depicting the area to be leased and a description of cultch
				material and amount to be deployed.
6. Upon initial leasing of new areas,
				pursuant to Senate Bill 2544, 2023 Regular Legislative Session, the MDMR will
				issue a "Request for Proposals," the response to which must include the
				following information in addition to the application:
a. Identification of the classification of
				property for lease
b. Evidence of
				the applicant's financial stability
c. Proposed acreage to be leased
d. Amount of proposed acreage to be
				cultched/seeded
e. Timeframe for
				cultivation on the proposed lease
f. Experience in reef
				development.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.1

Current through June 25, 2024
Depuration of shellstock is permitted as described in the
				  most current version of the NSSP Model Ordinance.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-XV, III-XV
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.2 - Closed Cultch Plant Areas

Current through June 25, 2024
It is unlawful for any person, firm, or corporation to place
				  or cause to be placed any material or gear used in the catching or taking of
				  saltwater fish, shrimp, crabs or shellfish, with the exception of crab traps or
				  pots, or hook and line fishing or cast nets on any public reef area that has
				  been planted with shells or other cultch material that has not been released or
				  opened to harvest by the MDMR.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.3 - Relaying Molluscan Shellstock

Current through June 25, 2024
A. Relaying
				Application
1. All persons, firms, or
				corporations other than the MDMR wanting to relay molluscan shellfish in the
				State of Mississippi must complete and submit an application for a relaying
				permit to the MDMR. Applications are available from the MDMR.
2. All applicants must:
i. Hold a valid lease for molluscan shellfish
				bedding grounds in the State of Mississippi.
ii. Have a valid Mississippi shellfish
				license.
3. Applications
				will be reviewed by the MDMR Authority for compliance with application
				guidelines and requested information.
4. When all application guidelines are met
				and requested information provided, the applicant's intent to relay will be
				advertised once a week for two (2) consecutive weeks in a newspaper of general
				circulation in the county or counties closest to the intended
				activity.
5. Written public comment
				will be received by the MDMR for a period of fifteen (15) days from the first
				date of advertisement.
6.
				Applicants will be notified in writing of the MDMR actions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.4 - Harvesting Relayed Molluscan Shellstock

Current through June 25, 2024
A. The Permittee is
				not permitted to harvest relayed shellfish without prior written permission
				from the MDMR Authority. The Permittee must complete and submit a request to
				harvest relayed shellstock and receive written permission from the MDMR
				Authority.
B. Harvesting of
				shellstock is permitted only during daylight hours and with the most efficient
				gear possible, consistent with conservation considerations, and in such a way
				not to damage the reef. This includes permission to use two (2) dredges per
				boat in restricted areas and on private leased grounds.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-V, III-V, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.5 - Interval Between Relaying and Harvesting Molluscan Shellstock

Current through June 25, 2024
A. There must be a sufficient time interval
				to allow natural biological cleansing of the shellfish between the time the
				permittee is permitted to take the shellfish from the restricted area(s), and
				the time they are then allowed to harvest these shellfish or any other
				shellfish from their leased area, during which time neither activity is
				allowed.
B. During this time
				interval, the permittee nor any other person or entity is allowed to harvest
				the relayed shellfish.
C. This
				period must be at least fourteen (14) consecutive days, except if the area
				relayed to fails to meet growing water management plan criteria during any of
				those 14 consecutive days.
D. If,
				during the 14 consecutive days, the area fails to meet the management plan as
				specified, harvesting will not be allowed until the area has once again met
				these conditions for 14 consecutive days, or until shorter periods of time are
				demonstrated to be adequate to permit natural biological cleansing to
				occur.
E. The period of time to
				allow natural biological cleansing must be deemed sufficient and adequate if
				the bacteriological quality of the shellfish after relaying are of the same
				quality as the same species already in the approved or conditionally approved
				relay area; or if shellfish tissue are sampled for verification, the results
				must be less than a fecal coliform MPN of 230 per 100 grams of meat, provided
				that no evidence exists that the shellfish prior to relaying contained
				substances that equal or exceed the action levels, tolerances, and other
				established levels for poisonous or deleterious substances in
				seafood.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-V, III-V, IV-II-. 10
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.6 - Protection from Contamination

Current through June 25, 2024
A. All relayed
				shellfish must be protected from contamination sources such as, but not limited
				to, boat fuel, oil, bilge, dogs, cats, birds, and other animals, and from
				sunlight for extended periods of time.
B. All portions of boats and other equipment
				coming in contact with shellfish relayed from restricted areas to permitted
				approved or conditionally approved areas must be rinsed with waters from such
				approved or conditionally approved waters after each unloading and prior to
				leaving the permitted approved or conditionally approved area.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-V, III-V, IV-II
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 1 - rules and regulations for molluscan shellfish related activities › Chapter 11 - Other Molluscan Shellfish Related Activities: Cultch Planting, Relaying, and Transplanting › Rule 22-1-11.7 - Relaying Records

Current through June 25, 2024
A. The MDMR
				Shellfish Bureau and each permittee must maintain adequate relaying
				records.
B. Each record must note
				the quantity and type of shellfish relayed, dates of relaying, specific areas
				shellfish are relayed from and to, and any other required
				information.
C. Specific harvest
				areas should be described using differential GPS latitude and longitude
				coordinates.
D. In the absence of
				differential GPS latitude and longitude readings, an accurate map will be
				supplied depicting the relay source site and the specific location within the
				permittees' lease where the shellfish were relayed.
Miss. Code
				  Ann. §§
										49-15-15,
				  49-15-303,
				  49-15-304; NSSP Model Ordinance
				  §§ II-V, III-V, IV-II