reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-105 - Rules of Evidence

Current through June 25, 2024
The Commission shall not be bound by the strict rules of
				  evidence, but shall base all its determinations on sufficient
				  evidence.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-106 - Deliberations by the Commission › Section 22-15-04-106.01

Current through June 25, 2024
The Commission may issue its ruling immediately at the
					 conclusion of the presentation of evidence or may take the same under
					 advisement until a subsequent meeting of the Commission.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-106 - Deliberations by the Commission › Section 22-15-04-106.02

Current through June 25, 2024
Upon an affirmative vote of three-fifths of the members
					 present, the Commission may go into executive session to deliberate. The
					 Commission shall enter in its Minutes the Commission's final decision
					 affirming, modifying or reversing its prior decision to deny, modify or revoke
					 the permit or license. Said decision shall be final and conclusive. An appeal
					 may be taken to the appropriate court within thirty (30) days of the date of
					 notification of the Commission's decision. The parties shall be notified in
					 writing of the Commission's decision. Mailing notification of the Commission's
					 decision, postage pre-paid, to the parties shall constitute sufficient
					 notice.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-107 - Transcript

Current through June 25, 2024
The Commission, in its discretion, may not require a
				  transcription of the hearing record, except in the event of an appeal, wherein
				  said record shall be transcribed as provided by law.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 04 - Procedures for Conducting Evidentiary › Section 22-15-04-108 - Appeals

Current through June 25, 2024
In the event of an appeal, the party prevailing before the
				  Commission may be required by the Commission to defend the decision in court.
				  Failure of the prevailing party to assist in the defense may result in the
				  confession of the cause of action by the Commission. The prevailing party will
				  be responsible for all costs of the defense.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-100 - Scope

Current through June 25, 2024
This chapter set forth the Commission's rules governing the
				  form and content of requests for declaratory opinions, and the Commission's
				  procedures regarding the requests, as required by Section
				  25-43-2.103
				  of the Mississippi Code. A declaratory opinion is a written statement by the
				  Commission, pronouncing the applicability of a statute, rule or order within
				  the primary jurisdiction of the Commission to specific circumstances. This
				  chapter is intended to supplement and to be read in conjunction with the
				  provisions of the Mississippi Administrative Procedures Law, Miss. Code Ann.
				  §§
									25-43-1.101
				  et seq., which may contain additional information regarding the issuance of
				  declaratory opinions. In the event of any conflict between these rules and the
				  Mississippi Administrative Procedures Law, the latter shall
				  govern.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-101 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Commission by following the
				  specified procedures. "Substantial interest in the subject matter" means: an
				  individual, business, group or other entity that is directly affected by the
				  Commission's administration of the laws within its primary jurisdiction.
				  "Primary jurisdiction of the agency" means the agency has a constitutional or
				  statutory grant of authority in the subject matter at issue.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-102 - Subjects Which May Be Addressed In Declaratory Opinions › Section 22-15-05-102.01

Current through June 25, 2024
A statute administered or enforceable by the Commission;
					 or
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-102 - Subjects Which May Be Addressed In Declaratory Opinions › Section 22-15-05-102.02

Current through June 25, 2024
A rule promulgated by the Commission.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-102 - Subjects Which May Be Addressed In Declaratory Opinions › Section 22-15-05-102.03

Current through June 25, 2024
The Commission will not issue a declaratory opinion
					 regarding a statute or rule which is outside the primary jurisdiction of the
					 agency.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.01

Current through June 25, 2024
The question presented lacks clarity;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.02

Current through June 25, 2024
Litigation is pending or anticipated, administrative action
					 or other adjudication which may either answer the question presented by the
					 request or otherwise makes an answer unnecessary;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.03

Current through June 25, 2024
The statute or rule on which a declaratory opinion is
					 sought is clear and not in need of interpretation to answer the question
					 presented by the request;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.04

Current through June 25, 2024
The facts presented in the request are not sufficient to
					 answer the question presented;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.05

Current through June 25, 2024
The request fails to contain information required by these
					 rules or the requestor failed to follow the procedure set forth in these
					 rules;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.06

Current through June 25, 2024
The request seeks to resolve issues which have become moot,
					 or are abstract or hypothetical such that the requestor is not substantially
					 affected by the statute or rule on which a declaratory opinion is
					 sought;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.07

Current through June 25, 2024
No controversy exists concerning the issue as the requestor
					 is not faced with existing facts or those certain to arise which raise a
					 question concerning the application of the statute or rule;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.08

Current through June 25, 2024
The question presented by the request concerns the legal
					 validity of a statute or rule;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.09

Current through June 25, 2024
The request is not based upon facts calculated to aid in
					 the planning of future conduct but is, instead, based on past conduct in an
					 effort to establish the effect of that conduct;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.10

Current through June 25, 2024
No clear answer is determinable;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.11

Current through June 25, 2024
The question presented by the request involves the
					 application of a criminal statute or a set of facts which may constitute a
					 crime;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.12

Current through June 25, 2024
The answer to the question presented would require the
					 disclosure of information which is privileged or otherwise protected by law
					 from disclosure;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.13

Current through June 25, 2024
The question is currently the subject of an Attorney
					 General's opinion request or has been answered by an Attorney General's
					 opinion;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.14

Current through June 25, 2024
A similar request is pending before this agency or any
					 other agency or a proceeding is pending on the same subject matter before any
					 agency, administrative or judicial tribunal, or where such a opinion would
					 constitute the unauthorized practice of law.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.15

Current through June 25, 2024
The issuance of a declaratory opinion may adversely affect
					 the interests of the State, the Commission or any of their officers or
					 employees in any litigation which is pending or may reasonably be expected to
					 arise;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-103 - Circumstances in which Declaratory Opinions Will Not Be Issued › Section 22-15-05-103.16

Current through June 25, 2024
The question involves eligibility for a license, permit,
					 certificate or other approval by the Commission or some other agency, and there
					 is a statutory or regulatory application process by which eligibility for said
					 license, permit, certificate or other approval would be
					 determined.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-104 - Written Request Required

Current through June 25, 2024
Each request must be printed or typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the Executive Director of the MDMR.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-105 - Where to Send Requests

Current through June 25, 2024
All requests must be mailed, delivered or transmitted via
				  facsimile to the Executive Director of the MDMR, 1141 Bayview Ave., Suite 101,
				  Biloxi, MS 39530 or emailing the request to the "MDMR Directorate" at:
www.dmr.state.ms.us
. The
				  request must clearly state that it is a request for a declaratory opinion. No
				  oral or telephone requests will be accepted for official declaratory
				  opinions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-106 - Name, Address and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, who shall attest that the request complies with the
				  requirements set forth in these rules, including but not limited to a full,
				  complete, and accurate statement of relevant facts and that there are no
				  related proceedings pending before any other administrative or judicial
				  tribunal.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.01

Current through June 25, 2024
A clear and concise statement of all facts on which the
					 opinion is requested;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.02

Current through June 25, 2024
A citation to the statute or rule at
					 issue;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.03

Current through June 25, 2024
The question(s) sought to be answered in the opinion,
					 stated clearly;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.04

Current through June 25, 2024
A suggested proposed opinion from the requestor, stating
					 the answers desired by petitioner and a summary of the reasons in support of
					 those answers;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.05

Current through June 25, 2024
The identity of all other known persons involved in or
					 impacted by the described factual situation, including their relationship to
					 the facts, name, mailing address and telephone number; and
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-107 - Question Presented › Section 22-15-05-107.06

Current through June 25, 2024
A statement to show that the person seeking the opinion has
					 a substantial interest in the subject matter.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-108 - Time for Commission's Response › Section 22-15-05-108.01

Current through June 25, 2024
Issue a declaratory opinion regarding the specified statute
					 or rule as applied to the specified circumstances;
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-108 - Time for Commission's Response › Section 22-15-05-108.02

Current through June 25, 2024
Decline to issue a declaratory opinion, stating the reasons
					 for its action; or
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-108 - Time for Commission's Response › Section 22-15-05-108.03

Current through June 25, 2024
Agree to issue a declaratory opinion by a specified time
					 but not later than ninety (90) days after receipt of the written
					 request.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-108 - Time for Commission's Response › Section 22-15-05-108.04

Current through June 25, 2024
The forty-five (45) day period shall begin running on the
					 first State of Mississippi business day on or after the request is received by
					 the MDMR, whichever is sooner.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-109 - Opinion Not Final for Sixty Days

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the Commission may, in its discretion, withdraw
				  or amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains a legal or factual
				  error.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-110 - Notice by Commission to Third Parties

Current through June 25, 2024
The Commission may give notice to any person, agency or
				  entity that a declaratory opinion has been requested and may receive and
				  consider data, facts, arguments and opinions from other persons, agencies or
				  other entities other than the requestor.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-111 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Commission's public records request procedure. All
				  declaratory opinions and requests shall be indexed by name and subject.
				  Declaratory opinions and requests which contain information which is
				  confidential or exempt from disclosure under the Mississippi Public Records Act
				  or other laws shall be exempt from this requirement and shall remain
				  confidential.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 05 - Declaratory Opinions › Section 22-15-05-112 - Effect of a Declaratory Opinion

Current through June 25, 2024
The Commission will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Commission and who, in good faith, follows the direction of the opinion and
				  acts in accordance therewith unless a court of competent jurisdiction holds
				  that the opinion is manifestly wrong. Any declaratory opinion rendered by the
				  Commission shall be binding only on the Commission on Marine Resources and the
				  person to whom the opinion is issued on the specific issue addressed in that
				  opinion. No declaratory opinion will be used as precedent for any other
				  transaction or occurrence beyond that set forth by the requesting
				  person.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 06 - Chapters and Subchapters Declared Separable › Section 22-15-06-100

Current through June 25, 2024
Each chapter and subchapter of this Part is hereby declared
				  separable, and if any chapter or subchapter or part thereof shall be held
				  invalid or unconstitutional, the balance of said Title 22 Part 15 shall remain
				  in full force and effect.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 06 - Chapters and Subchapters Declared Separable › Section 22-15-06-101

Current through June 25, 2024
Violations of more than one chapter or subchapter of this
				  Part or part thereof shall be considered separate offenses and punished as
				  such.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 15 - ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW › Chapter 07 - Administrative Procedures Act

Current through June 25, 2024
Pursuant to the amendments to the Administrative Procedures
				Act, Section 25-43-101.1 et seq., of the Mississippi Code of 1972, the rules
				and regulations promulgated pursuant thereto by the Secretary of State; the
				former Ordinance 15.002 has been modified and the Commission and MDMR have
				adopted the terminology and numbering system developed by the Secretary of
				State. Therefore, references to "ordinance" or to "part" appearing in these
				regulations or the underlying statutes are used interchangeably and refer to
				the same instrument.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 01 - INTRODUCTION › Rule 22-16-1.1

Current through June 25, 2024
This part establishes rules and regulations for the safe use
				  and operation of vessels on the marine waters of the State of
				  Mississippi.
MISS. CODE ANN.
				  §§
										59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127
				  and
				  59-21-151.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 03 - RESTRICTIONS › Rule 22-16-3.1

Current through June 25, 2024
A person may not operate or give permission to operate on the
				  marine waters of the State of Mississippi a personal watercraft or any other
				  covered recreational vessel unless it is equipped with an engine cut-off switch
				  and an engine cut-off switch link attached to the operator while operating on
				  plane or above displacement speed except when:
A. The main helm of the covered vessel is
				installed within an enclosed cabin; or
B. The vessel does not have an engine cut off
				switch and is not required to have one because it is not considered a covered
				recreational vessel.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 03 - RESTRICTIONS › Rule 22-16-3.2

Current through June 25, 2024
A vessel or personal watercraft livery (vendor) owner, or the
				  livery owner's agent or employee shall prominently display these regulations
				  governing personal watercraft:
A.
				Advise renters to read the regulations.
B. Within 30 days of the effective date of
				these regulations, add to the rental contract a statement that the renter or
				operator has read and understands the personal watercraft regulations. This
				statement shall be signed by the renter or operator and the livery (vendor)
				owner, retained in the files of the livery operator for at least 30 days, and
				be made available to the MDMR upon request.
MISS. CODE ANN.
				  §§
										59-21-81,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127,
				  59-21-151
				  and 46 U.S.C.A §4312
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 04 - RECKLESS AND NEGLIGENT OPERATION › Rule 22-16-4.1

Current through June 25, 2024
A person may not operate a vessel on the marine waters of the
				  State of Mississippi in a reckless or negligent manner. Reckless and negligent
				  operation of a vessel shall include, but is not limited to the following
				  examples:
A. Operating at an excessive
				speed within one hundred (100) feet of another occupied
vessel except in a crossing or overtaking situation as
				  described in the Federal Rules of the Road.
B. Jumping, or attempting to jump the wake of
				another vessel, within one hundred (100) feet of the vessel.
C. Following within one hundred (100) feet of
				a water skier.
D. Weaving through
				congested vessel traffic.
E.
				Speeding in restricted or no wake areas.
F. Operating a vessel or personal watercraft
				in a manner that endangers the life, limb, or property of any person, including
				the operator.
G. Bow riding or
				allowing a person to ride any place on the vessel where there is a potential
				risk of injury. This includes, but is not limited to, riding on exposed bow
				decks, riding on swim platforms, riding on gunwhales, or riding any place on
				the vessel which was not designed as a normal passenger seat.
H. Towing a person/persons on water skis,
				aquaplane or a similar device during the hours between legal sunset and legal
				sunrise.
I. Operating the vessel
				with operator visibility obscured due to passenger positioning.
MISS. CODE ANN.
				  §§
										59-21-83,
				  59-21-87,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127
				  and
				  59-21-151.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 05 - PROCEDURES FOR ESTABLISHING NO WAKE ZONES › Rule 22-16-5.1

Current through June 25, 2024
No wake zones will be instituted pursuant to MISS. CODE ANN.
				  §
									59-21-129
				  and in instances as the need arises and according to this defined procedure. In
				  cases where citizens feel that a no wake zone is needed, they shall petition
				  their County Board of Supervisors for its establishment, providing reasonable
				  justification and evidence for the need. The Board of Supervisors may evaluate
				  the request, and if found to be warranted, deliver it to the MDMR for
				  consideration. The MDMR staff will investigate the request in light of the
				  specific site and other factors which may come into play. If the need for a no
				  wake zone is substantiated by this investigation, the results and staff
				  recommendation will be presented to the MACMR for their evaluation and
				  recommendation to the Executive Director for potential
				  implementation.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 05 - PROCEDURES FOR ESTABLISHING NO WAKE ZONES › Rule 22-16-5.2

Current through June 25, 2024
This same procedure may be used by any citizen to request the
				  removal or modification of an existing no wake zone.
MISS. CODE ANN.
				  §§
										59-21-83,
				  59-21-87,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127,
				  59-21-129
				  and
				  59-21-15.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 06 - ESTABLISHMENT OF TEMPORARY SPECIFIC NO WAKE ZONES; EMERGENCY RULE › Rule 22-16-6.1

Current through June 25, 2024
The Executive Director of the MDMR shall have the authority
				  to establish temporary specific no wake zones upon the agency finding that an
				  imminent peril to public health, safety or welfare exists. In no event shall
				  the established emergency temporary specific no wake zone exceed the time as
				  specified in §
									25-43-3.108
				  of the Mississippi Code Ann. of 1972, as amended. The Executive Director shall
				  immediately rescind any emergency temporary specific no wake zone whenever the
				  imminent peril to public health, safety or welfare no longer exists.
MISS. CODE ANN.
				  §§
										59-21-117
				  and
				  59-21-129
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 07 - ESTABLISHMENT OF DESIGNATED MARINE SAFETY ZONES › Rule 22-16-7.1

Current through June 25, 2024
The Executive Director of the MDMR shall have the authority
				  to establish Designated Marine Safety Zones on the waters under the
				  jurisdiction of the MDMR. These zones may be established for, but are not
				  limited to the following purposes:
A.
				Construction projects on or adjacent to marine waters, whose work activity has
				the potential for adversely affecting the safety or normal flow of marine
				traffic in the area, or where normal marine traffic flow would jeopardize the
				safety of the construction workers. This shall include speed or no-wake zones
				that may be established for the duration of the construction project up to a
				maximum of three years.
B. Traffic
				and spectator control for marine events such as fireworks displays, boat races,
				or other like activities held on the marine waters.
MISS. CODE ANN.
				  §§
										59-21-83,
				  59-21-87,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127
				  and
				  59-21-151.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.1

Current through June 25, 2024
A permit is required by any person, organization or group
				  sponsoring a regatta, motorboat or other race, marine parade, exhibition,
				  firework displays etc.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.2

Current through June 25, 2024
Applications for such race or events shall be on a form
				  prescribed by the MDMR and must contain the following information:
A. Name, address and phone number of
				applicant.
B. Date and time of
				event.
C. Location and area
				impacted by event.
D. Type of
				event.
E. Support services
				requested.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.3

Current through June 25, 2024
Applicant must submit a copy of any entry requirements as
				  well as any special rules pertaining to equipment, rigs or
				  procedures.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.4

Current through June 25, 2024
Applicant must attach a section of a chart or a scale drawing
				  showing the boundaries and/or course and markers
				  contemplated.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.5

Current through June 25, 2024
Applicant is responsible for providing adequate protection
				  from marine traffic interference and hazards.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.6

Current through June 25, 2024
Applications must be received by the MDMR no less than
				  thirty (30) days prior to the date of the event.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 08 - PERMITS FOR EVENTS ON MARINE WATERS › Rule 22-16-8.7

Current through June 25, 2024
The Executive Director of the MDMR is hereby granted the
				  authority to issue permits for marine events.
MISS. CODE ANN.
				  §§
										59-21-83,
				  59-21-87,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127
				  and
				  59-21-151.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 09 - RULES OF THE ROAD › Rule 22-16-9.1

Current through June 25, 2024
Nothing in this Chapter will excuse a boat operator from
				  complying with any and all navigation laws and rules of the road as published
				  in the United States Coast Guard Navigation Rules.
MISS. CODE ANN.
				  §§
										59-21-83,
				  59-21-87,
				  59-21-117,
				  59-21-119,
				  59-21-121,
				  59-21-127,
				  59-21-151,
				  33 C.F.R. Chapter I Subchapters E Part 83-90, F Part 95-97, G Part 100, S Part
				  173 and 188-199,
				  33 C.F.R
				  83.08, 33 C.F.R
				  81.1-81.3.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 10 - PENALTIES › Rule 22-16-10.1

Current through June 25, 2024
Violations under this Part will be charged in accordance with
				  the provisions of the Mississippi Boating Law of 1960, MISS. CODE ANN. §
									59-21-1,
et seq.
Each day of a continuing violation constitutes a
				  separate violation. In the case of continuing violations, each day shall
				  constitute a separate offense. Violations of more than one chapter or
				  subchapter of this Part or part thereof shall be considered separate and
				  punished as such.
MISS. CODE ANN.
				  §§
										59-21-153
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 16 - BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI › Chapter 11 - CHAPTERS AND SUBCHAPTERS DECLARED SEPERABLE › Rule 22-16-11.1

Current through June 25, 2024
Each chapter and subchapter of this Part is hereby declared
				  separable, and if a chapter or subchapter or part thereof shall be held invalid
				  or unconstitutional, the balance of said Title 22 Part 16 shall remain in full
				  force and effect.
Miss. Code Ann.
				  §
										49-15-301.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 01 - Introduction › Purpose › Section 22-17-01-100

Current through June 25, 2024
This Part establishes the minimum requirements necessary to
					 regulate the intrastate and interstate commerce of molluscan shellfish and to
					 establish a program to protect the public health of consumers by assuring the
					 sale or distribution of molluscan shellfish from safe sources and assuring
					 molluscan shellfish have not been adulterated during landing, unloading,
					 transporting, processing, buying, selling, opening and other molluscan
					 shellfish related activities in the state.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-100

Current through June 25, 2024
The Mississippi Commission on Marine Resources (herein after
				  referred to as the "Commission") has determined that it is in the best interest
				  of the State of Mississippi and necessary for the protection, conservation, and
				  propagation of all molluscan shellfish in the waters under the territorial
				  jurisdiction of the State of Mississippi to regulate the landing, unloading,
				  transporting, processing, buying, selling, opening, and other molluscan
				  shellfish related activities in the state.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-101

Current through June 25, 2024
The Commission is required by Miss. Code Ann. §
									49-15-15(1) (c)
				   to regulate all seafood sanitation and
				  processing programs.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-102

Current through June 25, 2024
The Commission is required by Miss. Code Ann. §
									49-15-44
				  to prohibit the sale or possession of illegal oysters as defined in Miss. Code
				  Ann. §
									49-15-3(e).
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-103

Current through June 25, 2024
Miss. Code Ann. §
									49-15-28,
				  addresses seafood wholesale licensing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-104

Current through June 25, 2024
Miss. Code Ann. §
									49-15-29,
				  authorizes the Commission to assess and collect certain taxes and license
				  fees.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-105

Current through June 25, 2024
Miss. Code Ann. §
									49-15-30,
				  authorizes the Commission to promulgate regulations for nonresident
				  certificates.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-106

Current through June 25, 2024
Miss. Code Ann. §
									49-15-42,
				  addresses tagging, landing and unloading of oysters.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-107

Current through June 25, 2024
Miss. Code Ann. §
									49-15-43,
				  addresses the packaging of oysters.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-108

Current through June 25, 2024
Miss. Code Ann. §
									49-15-45,
				  provides that certain municipalities may enforce oyster
				  regulations.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-109

Current through June 25, 2024
Miss. Code Ann. §
									49-15-46(4),
				  requires all oysters harvested in Mississippi shall be
				  tagged.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 02 - Justification and Authority › Section 22-17-02-110

Current through June 25, 2024
Miss. Code Ann. §
									49-15-63,
				  addresses general penalties for violation of these
				  regulations.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-17-03-100 - ADULTERATED

Current through June 25, 2024
Molluscan shellfish shall be deemed to be adulterated if any
				  foreign substance has been added to the molluscan shellfish, or has been mixed
				  or packed therewith so as to increase its bulk or weight, or reduce its
				  quality, or make it appear better or of greater value than it
				  is.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 17 - REGULATION OF MOLLUSCAN SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI › Chapter 03 - Definitions › Section 22-17-03-101 - ADEQUATELY ICED

Current through June 25, 2024
ADEQUATELY ICED
- means the containers holding
				  the molluscan shellfish have enough ice on the molluscan shellfish to provide
				  cooling to achieve required internal temperature as defined in the most current
				  version of the Interstate Shellfish Sanitation Conference's (ISSC) National
				  Shellfish Sanitation Program (NSSP) Model Ordinance.