Oyster bottoms; bring forward code sections related to.

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To: Marine Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1243

AN ACT TO BRING FORWARD SECTIONS 29-7-3, 49-15-3, 49-15-5, 1
49-15-7, 49-15-9, 49-15-15, 49-15-16, 49-15-17, 49-15-18, 2
49-15-23, 49-15-27, 49-15-29, 49-15-30, 49-15-31, 49-15-34, 3
49-15-35, 49-15-36, 49-15-37, 49-15-38, 49-15-40, 49-15-41, 4
49-15-42, 49-15-43, 49-15-44, 49-15-45, 49-15-46, 49-15-47, 5
49-15-315 AND 51-11-105, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE 6
OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 29-7-3, Mississippi Code of 1972, is 9
brought forward as follows: 10
29-7-3. There shall be no development or extraction of oil, 11
gas, or other minerals from state-owned lands by any private party 12
without first obtaining a mineral lease therefor from the 13
commission. The commission is hereby authorized and empowered, 14
for and on behalf of the state, to lease any and all of the state 15
land now owned (including that submerged or whereover the tide may 16
ebb and flow) or hereafter acquired, to some reputable person, 17
association, or company for oil and/or gas and/or other minerals 18
in and under and which may be produced therefrom, excepting, 19
however, sixteenth section school land, lieu lands, and such 20
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forfeited tax land and property the title to which is subject to 21
any lawful redemption, for such consideration and upon such terms 22
and conditions as the commission deems just and proper. No 23
mineral lease of offshore lands shall allow offshore drilling 24
operations north of the coastal barrier islands, except in Blocks 25
40, 41, 42, 43, 63, 64 and 66 through 98, inclusive. Further, 26
surface offshore drilling operations will not be allowed within 27
one (1) mile of Cat Island. The commission may only offer for 28
lease the state-owned lands in Blocks 40, 41, 42, 43, 63, 64 and 29
66 through 98, inclusive, as shown on the Mississippi Department 30
of Environmental Quality Bureau of Geology Plat of Lease Blocks 31
(Open File Report 151) on terms and conditions and for a length of 32
time as determined by the commission. The commission may not 33
lease any lands or submerged lands off the Mississippi Gulf Coast 34
that have been leased by the Department of Marine Resources before 35
January 1, 2004, for any public or private oyster reef lease or 36
any lands or submerged lands within one (1) mile of that lease for 37
the purposes of drilling offshore for oil, gas and other minerals. 38
Consistent with the conservation policies of this state under 39
Section 53-1-1 et seq., the commission may offer for public bid 40
any tracts or blocks of state-owned lands not currently under 41
lease, which have been identified to the commission as having 42
development potential for oil or natural gas, not less than once a 43
year. Upon consultation with the Office of Geology in the 44
Mississippi Department of Environmental Quality, the Secretary of 45
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State and any other state agency as the commission deems 46
appropriate, the commission shall promulgate rules and regulations 47
consistent with this chapter governing all aspects of the process 48
of leasing state lands within its jurisdiction for mineral 49
development, including the setting of all terms of the lease form 50
to be used for leasing state-owned lands, any necessary fees, 51
public bidding process, delay rental payments, shut-in royalty 52
payments, and such other provisions as may be required. The 53
Attorney General shall review the lease form adopted by the 54
commission for legal sufficiency. 55
There shall not be conducted any seismographic or other 56
mineral exploration or testing activities on any state-owned lands 57
within the mineral leasing jurisdiction of the commission without 58
first obtaining a permit therefor from the commission. Upon 59
consultation with the Office of Geology in the Mississippi 60
Department of Environmental Quality, the Secretary of State and 61
any other state agency as the commission deems appropriate, the 62
commission shall promulgate rules and regulations governing all 63
aspects of seismographic or other mineral exploration activity on 64
state lands within its jurisdiction, including the establishing of 65
fees and issuance of permits for the conduct of such mineral 66
exploration activities. The Attorney General shall review the 67
permit form adopted by the commission for legal sufficiency. 68
Provided, however, that persons obtaining permits from the 69
commission for seismographic or other mineral exploration or 70
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testing activities on state-owned wildlife management areas, lakes 71
and fish hatcheries, shall be subject to rules and regulations 72
promulgated therefor by the Mississippi Commission on Wildlife, 73
Fisheries and Parks which shall also receive all permit fees for 74
such testing on said lands. In addition, persons obtaining 75
permits from the commission for seismographic or other mineral 76
exploration or testing activities on state-owned marine waters 77
shall be subject to rules and regulations promulgated therefor by 78
the Mississippi Department of Marine Resources which shall also 79
receive all permit fees for such testing on those waters. 80
Further, provided that each permit within the Mississippi 81
Sound or tidelands shall be reviewed by the Mississippi Commission 82
on Marine Resources and such special conditions as it may specify 83
will be included in the permit. Information or data obtained in 84
any mineral exploration activity on any and all state lands shall 85
be disclosed to the state through the commission, upon demand. 86
Such information or data shall be treated as confidential for a 87
period of ten (10) years from the date of receipt thereof and 88
shall not be disclosed to the public or to any firm, individual or 89
agency other than officials or authorized employees of this state. 90
Any person who makes unauthorized disclosure of such confidential 91
information or data shall be guilty of a misdemeanor, and upon 92
conviction thereof, be fined not more than Five Thousand Dollars 93
($5,000.00) or imprisoned in the county jail not more than one (1) 94
year, or both. 95
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Whenever any such land or property is leased for oil and gas 96
and/or other minerals, such lease contract shall provide for a 97
lease royalty to the state of at least three-sixteenths (3/16) of 98
such oil and gas or other minerals, same to be paid in the manner 99
prescribed by the commission. Of the monies received in 100
connection with the execution of such leases, five-tenths of one 101
percent (5/10 of 1%) shall be retained in a special fund to be 102
appropriated by the Legislature, One Hundred Thousand Dollars 103
($100,000.00) of which amount to be used by the commission for the 104
administration of the leasing and permitting under this section, 105
and the remainder of such amount shall be deposited into the 106
Education Trust Fund, created in Section 206A, Mississippi 107
Constitution of 1890; and two percent (2%) shall be paid into a 108
special fund to be designated as the "Gulf and Wildlife Protection 109
Fund," to be appropriated by the Legislature, one-half (1/2) 110
thereof to be apportioned as follows: an amount which shall not 111
exceed One Million Dollars ($1,000,000.00) shall be used by the 112
Mississippi Department of Wildlife, Fisheries and Parks and the 113
Mississippi Department of Marine Resources solely for the purpose 114
of cleanup, remedial or abatement actions involving pollution as a 115
result of the exploration or production of oil or gas, and any 116
amount in excess of such One Million Dollars ($1,000,000.00) shall 117
be deposited into the Education Trust Fund, created in Section 118
206A, Mississippi Constitution of 1890. The remaining one-half 119
(1/2) of such Gulf and Wildlife Protection Fund to be apportioned 120
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as follows: an amount which shall not exceed One Million Dollars 121
($1,000,000.00) shall be used by the Mississippi Commission on 122
Wildlife, Fisheries and Parks and the Mississippi Department of 123
Marine Resources for use first in the prudent management, 124
preservation, protection and conservation of existing waters, 125
lands and wildlife of this state and then, provided such purposes 126
are accomplished, for the acquisition of additional waters and 127
lands and any amount in excess of such One Million Dollars 128
($1,000,000.00) shall be deposited into the Education Trust Fund, 129
created in Section 206A, Mississippi Constitution of 1890. 130
However, in the event that the Legislature is not in session to 131
appropriate funds from the Gulf and Wildlife Protection Fund for 132
the purpose of cleanup, remedial or abatement actions involving 133
pollution as a result of the exploration or production of oil or 134
gas, then the Mississippi Department of Wildlife, Fisheries and 135
Parks and the Mississippi Department of Marine Resources may make 136
expenditures from this special fund account solely for said 137
purpose. The commission may lease the submerged beds for sand and 138
gravel on such a basis as it may deem proper, but where the waters 139
lie between this state and an adjoining state, there must be a 140
cash realization to this state, including taxes paid for such sand 141
and gravel, equal to that being had by such adjoining state, in 142
all cases the requisite consents therefor being lawfully obtained 143
from the United States. 144
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The Department of Environmental Quality is authorized to 145
employ competent engineering personnel to survey the territorial 146
waters of this state in the Mississippi Sound and the Gulf of 147
Mexico and to prepare a map or plat of such territorial waters, 148
divided into blocks of not more than six thousand (6,000) acres 149
each with coordinates and reference points based upon longitude 150
and latitude surveys. The commission is authorized to adopt such 151
survey, plat or map for leasing of such submerged lands for 152
mineral development; and such leases may, after the adoption of 153
such plat or map, be made by reference to the map or plat, which 154
shall be on permanent file with the commission and a copy thereof 155
on file in the Office of the State Oil and Gas Board. 156
SECTION 2. Section 49-15-3, Mississippi Code of 1972, is 157
brought forward as follows: 158
49-15-3. As used in this chapter, the term: 159
(a) "Commission" means the Mississippi Advisory 160
Commission on Marine Resources. 161
(b) "Department" means the Department of Marine 162
Resources. 163
(c) "Domicile" means a person's principal or primary 164
place of abode in which a person's habitation is fixed and to 165
which the person, whenever absent, has the present intention of 166
returning after a departure of absence therefrom, regardless of 167
the duration of the absence. The burden of proving domicile in 168
the State of Mississippi shall be on the person claiming that 169
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status. A person holding a current driver's license shall be 170
deemed to be domiciled within the state issuing the license. If a 171
person does not hold a current driver's license the following 172
evidence may be considered in establishing, but is not necessarily 173
determinative of domicile: residence for income or other tax 174
purposes, homestead exemption receipt or other means prescribed by 175
the department. In the case of minors, domicile of the parents 176
shall be used as evidence of the minor's domicile. 177
(d) "Game fish" means cobia, also known as ling or 178
lemonfish (rachycentron canadum). The cobia is classified as game 179
fish. 180
(e) "Illegal oysters" means: 181
(i) All untagged shell stock; 182
(ii) Shell oysters obtained from uncertified shops 183
or dealers or from an unlicensed catcher; 184
(iii) Oysters obtained from waters not declared 185
safe and sanitary by the department, except those oysters caught 186
by the department for re-laying or under private leases pursuant 187
to Section 49-15-27; 188
(iv) Shucked oysters obtained from uncertified 189
shops or repackers. 190
(f) "Inspector" means the chief inspector, the 191
assistant chief inspector, deputy inspector, bureau director and 192
certified enforcement officer employed by the department. 193
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(g) "Natural reefs" means any bottom under the 194
jurisdiction of the department of one or more acres on which 195
oysters grow naturally, or have grown naturally, in a quantity 196
sufficient to warrant commercial fishing as a means of livelihood, 197
or have been used in such a manner within a period of ten (10) 198
years next preceding the time the bottoms may come up for 199
determination by the department. 200
(h) "Resident" means a person, firm or corporation that 201
is domiciled in this state. 202
(i) "Seafood" means all oysters, saltwater fish, 203
saltwater shrimp, diamondback terrapin, sea turtle, crabs and all 204
other species of marine or saltwater animal life existing or 205
living in the waters within the territorial jurisdiction of the 206
State of Mississippi. 207
SECTION 3. Section 49-15-5, Mississippi Code of 1972, is 208
brought forward as follows: 209
49-15-5. All seafoods existing or living in waters within 210
the territorial jurisdiction of the State of Mississippi not held 211
in private ownership legally acquired, and all beds and bottoms of 212
rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets 213
bordering on or connecting with the Gulf of Mexico or Mississippi 214
Sound within such territorial jurisdiction, including all oysters 215
and other shell fish and parts thereof grown thereon, either 216
naturally or cultivated, shall be, continue, and remain the 217
property of the State of Mississippi, to be held in trust for the 218
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people thereof until title thereto shall be legally divested in 219
the manner and form hereinafter authorized, and the same shall be 220
under the exclusive control of the department until the right of 221
private ownership shall vest therein as hereinafter provided. 222
SECTION 4. Section 49-15-7, Mississippi Code of 1972, is 223
brought forward as follows: 224
49-15-7. All shells of dead oysters, clams and other 225
shellfish; and all of the oyster shells, clam shells, mussel 226
shells, dead reef shells, and cay shells, being upon or under the 227
bottom of, or under the tidewaters within the territorial 228
jurisdiction of the State of Mississippi, and all beds, banks and 229
accumulations of such shells within such territorial jurisdiction 230
on or under the bottoms of such waters, or surrounded by such 231
waters, being the property of the State of Mississippi are hereby 232
further declared to be the property of the State of Mississippi 233
under the jurisdiction of the department. 234
SECTION 5. Section 49-15-9, Mississippi Code of 1972, is 235
brought forward as follows: 236
49-15-9. The sole right of planting, cultivating in racks or 237
other structures, and gathering oysters and erecting bathhouses 238
and other structures in front of any land bordering on the Gulf of 239
Mexico or Mississippi Sound or waters tributary thereto belongs to 240
the riparian owner and extends not more than seven hundred fifty 241
(750) yards from the shore, except for state-owned lands on Deer 242
Island, which shall be not more than four hundred (400) yards from 243
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shore, measuring from the average low water mark, and except for 244
state-owned lands along the Hancock County shoreline from Bayou 245
Caddy to the Mississippi-Louisiana state boundary, which shall not 246
extend out further than three hundred (300) yards from the average 247
low watermark, but where the distance from shore to shore is less 248
than fifteen hundred (1500) yards, the owners of either shore may 249
plant and gather to a line equidistant between the two (2) shores, 250
but no person shall plant in any natural channel so as to 251
interfere with navigation, and such riparian rights shall not 252
include any reef or natural oyster bed and does not extend beyond 253
any channel. A riparian owner shall comply with the Coastal 254
Wetlands Protection Act in exercising the use of these riparian 255
rights. Stakes of such frail materials as will not injure any 256
watercraft may be set up to designate the bounds of the 257
plantation, but navigation shall not be impeded thereby. The 258
riparian owner shall clearly mark such cultivation racks and other 259
structures. The department may adopt regulations to require that 260
the racks are adequately marked to ensure the safety of users of 261
public waters. Any oysters planted by such riparian owner are the 262
private property of such riparian owner, subject to the right of 263
the department to adopt reasonable rules and regulations as to the 264
planting and gathering of such oysters. All bathhouses, piers, 265
wharfs, docks and pavilions, or other structures owned by the 266
riparian owner are likewise the private property of such owner, 267
who shall be entitled to the exclusive use, occupancy and 268
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possession thereof, and may abate any private or public nuisance 269
committed by any person or persons in the area of his riparian 270
ownership and may, for such purposes, resort to any remedial 271
action authorized by law. The governing authorities of any 272
municipality and the board of supervisors of any county are 273
authorized to adopt reasonable rules and regulations to protect 274
riparian owners in the enjoyment of their riparian rights, and for 275
such purposes may regulate the use of beaches, landings, and 276
riparian areas abutting or fronting on roads, streets or highways. 277
SECTION 6. Section 49-15-15, Mississippi Code of 1972, is 278
brought forward as follows: 279
49-15-15. (1) In addition to any other powers and duties 280
authorized by law, the department, with the advice of the advisory 281
commission, shall have the following powers and duties regarding 282
the regulation of seafood: 283
(a) To exercise full jurisdiction and authority over 284
all marine aquatic life and to regulate any matters pertaining to 285
seafood, including cultivated seafood; 286
(b) To adopt, promulgate, amend or repeal, after due 287
notice and public hearing, in accordance with the Mississippi 288
Administrative Procedures Law and subject to the limitations in 289
subsection (2) of this section, rules and regulations authorized 290
under this chapter, including, but not limited to, rules and 291
regulations necessary for the protection, conservation or 292
propagation of all seafood in the waters under the territorial 293
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jurisdiction of the State of Mississippi and for the regulation of 294
gill net and purse seine fishermen. All public hearings under 295
this chapter concerning the regulation of marine resources shall 296
be held in Hancock, Harrison or Jackson Counties. Each rule or 297
regulation promulgated under this chapter shall immediately be 298
advertised one (1) time in a newspaper or newspapers having 299
general circulation in counties affected by that regulation. A 300
regulation shall become effective at 6:00 a.m. on the day after 301
its publication; 302
(c) To regulate all seafood sanitation and processing 303
programs. In the three (3) coastal counties, the sanitation 304
program regulating processing plants and seafood sold in retail 305
stores operating in conjunction with a processing plant or seafood 306
market that primarily deals with seafood is under the exclusive 307
authority of the department. The department may also inspect and 308
regulate those areas of any seafood processing plant which process 309
freshwater species at any site. To effectively and efficiently 310
implement the state seafood sanitation program, the State Health 311
Officer, the Commissioner of Agriculture and the executive 312
director of the department may enter into a memorandum of 313
understanding, which at a minimum, clearly specifies the 314
responsibilities of each agency in implementing the seafood 315
sanitation program, as well as the sharing of information and 316
communication and coordination between the agencies; 317
(d) To set standards of measure; 318
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(e) To set requirements for employment of commission 319
employees whose compensation shall be governed by the rules and 320
regulations of the State Personnel Board; 321
(f) To acquire and dispose of commission equipment and 322
facilities; 323
(g) To keep proper records of the commission, including 324
an official ordinance book which contains all rules and 325
regulations promulgated by the department, with the advice of the 326
advisory commission, under this chapter; 327
(h) To enter into advantageous interstate and 328
intrastate agreements with proper officials, which directly or 329
indirectly result in the protection, propagation and conservation 330
of the seafood of the State of Mississippi, or continue any such 331
agreements now in existence; 332
(i) To arrange, negotiate or contract for the use of 333
available federal, state and local facilities which would aid in 334
the propagation, protection and conservation of the seafood of the 335
State of Mississippi; 336
(j) To authorize the operation of double rigs in the 337
waters lying between the mainland coast and the island chain, and 338
those rigs shall not exceed a length of twenty-five (25) feet at 339
the corkline, and to prescribe the length at the lead line for 340
each rig, net or try-trawl; 341
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(k) To destroy or dispose of equipment or nets which 342
have been lawfully seized by the commission and which are not sold 343
under Section 49-15-201 et seq.; 344
(l) To open, close and regulate fishing seasons for the 345
taking of shrimp, oysters, fish taken for commercial purposes and 346
crabs and set size, catching and taking regulations for all types 347
of seafood and culling regulations for oysters, except as 348
otherwise specifically provided by law; 349
(m) To utilize the resources of the Gulf Coast Research 350
Laboratory to the fullest extent possible; 351
(n) To develop a resource management plan to preserve 352
seafood resources and to ensure a safe supply of these resources; 353
(o) To prescribe types and forms of scientific permits 354
for public educational or scientific institutions, federal and 355
state agencies and consultants performing marine resource studies; 356
(p) To suspend the issuance of licenses when necessary 357
to impose a moratorium to conserve a fishery resource; 358
(q) To promote, construct, monitor and maintain 359
artificial fishing reefs in the marine waters of the State of 360
Mississippi and in adjacent federal waters; to accept grants and 361
donations of money or materials from public and private sources 362
for such reefs; to set permit fees and establish guidelines for 363
the construction of artificial reefs in federal waters; and to 364
apply for any federal permits necessary for the construction or 365
maintenance of artificial fishing reefs in federal waters. The 366
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location data associated with artificial reefs by corporations and 367
private individuals shall not be published by the commission or 368
the department on the website or in written publications of the 369
department. Location data of the artificial reefs may be 370
requested in writing by any individual and shall be provided by 371
the department in a timely manner; and 372
(r) To require, in addition to other licensing 373
requirements, the successful completion of educational or training 374
programs on shellfish sanitation as a prerequisite to receiving 375
commercial licenses authorized under this chapter in order to 376
ensure compliance with the Interstate Shellfish Sanitation 377
Conference's educational requirements for shellfish processors, 378
dealers and harvesters by January 1, 2014. 379
(2) The department shall not adopt rules, regulations or 380
ordinances pertaining to marine resources which are more stringent 381
than federal regulations. In any case where federal laws and 382
regulations are silent on a matter pertaining to marine resources, 383
the laws and regulations of the State of Mississippi shall 384
control. The department shall review all marine resource 385
ordinances for compliance with the no more stringent standard and 386
revise any ordinances more stringent than this standard no later 387
than December 31, 1992. This subsection shall not apply to rules, 388
regulations or ordinances pertaining to the wild stock of marine 389
fin fish. 390
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SECTION 7. Section 49-15-16, Mississippi Code of 1972, is 391
brought forward as follows: 392
49-15-16. The department may develop a limited entry 393
fisheries management program for all resource groups. The 394
department may require a license for each resource group and shall 395
establish the fees for such licenses. The department may 396
establish a means test or any other criteria to determine 397
eligibility for licenses under the limited entry program. The 398
department may impose a moratorium on the issuance of licenses for 399
a fishery resource. 400
SECTION 8. Section 49-15-17, Mississippi Code of 1972, is 401
brought forward as follows: 402
49-15-17. (1) (a) All monies received or obtained by the 403
department under the provisions of this chapter shall be paid over 404
by the department to the State Treasurer and shall be deposited 405
into the fund known as the "Seafood Fund." All revenues collected 406
through the department, to include, but not limited to, commercial 407
saltwater licenses and taxes, permits, fines and penalties, and 408
confiscated catches, shall be deposited into the department 409
operating account (Seafood Fund) and expended for the operation of 410
the department, as authorized by the Legislature. 411
(b) There is established a special account to be known 412
as the "Artificial Reef Program Account" within the Seafood Fund. 413
Any funds received from any public or private source for the 414
purpose of promoting, constructing, monitoring or maintaining 415
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artificial reefs in the marine waters of the state or in federal 416
waters adjacent to the marine waters of the state shall be 417
credited to the account. Any unexpended funds remaining in the 418
account at the end of the fiscal year shall not lapse into the 419
Seafood Fund, but shall remain in the account. The department may 420
expend any funds in the account, subject to appropriation by the 421
Legislature, to accomplish the purpose of the account. 422
(c) There is established a special account to be known 423
as the "Coastal Preserve Account" within the Seafood Fund. Any 424
funds received from any public or private source for the purpose 425
of management, improvement and acquisition of coastal preserves in 426
the state and money required to be deposited pursuant to Sections 427
27-19-56.10 and 27-19-56.27, shall be credited to the account. 428
Any unexpended funds remaining in the account at the end of the 429
fiscal year shall not lapse into the Seafood Fund, but shall 430
remain in the account. The department may expend any funds in the 431
account, subject to appropriation by the Legislature, for the 432
management, improvement and acquisition of coastal preserves. 433
(d) There is established a special account to be known 434
as the "Mississippi Seafood Marketing Program Account" within the 435
Seafood Fund. Monies required to be deposited into the account 436
under Section 27-19-56.27 and any funds received from any public 437
or private source for the purpose of promoting the Mississippi 438
seafood industry must be credited to the account. Any unexpended 439
funds remaining in the account at the end of the fiscal year do 440
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not lapse into the Seafood Fund, but remain in the account. The 441
department may expend any funds in the account, subject to 442
appropriation by the Legislature, to accomplish the purposes of 443
this account, including, but not limited to, providing funds for 444
cobia stock enhancement programs. 445
(e) There is established a special account to be known 446
as the "Oyster Production Preserve Account" within the Seafood 447
Fund. Monies required to be deposited from oyster leasing and 448
licensing payments under Section 49-15-27, sack fees, and any 449
funds received from any public or private source for the purpose 450
of oyster production and propagation in this state, which includes 451
plantings of oysters and cultch materials, shall be credited to 452
the account. Any unexpended funds remaining in the account at the 453
end of the fiscal year shall not lapse into the Seafood Fund, but 454
shall remain in the account. The department may expend any funds 455
in the account, subject to specific appropriation by the 456
Legislature, for the management, improvement and acquisition of 457
permittable property for oyster production and propagation in the 458
state, which includes plantings of oysters and cultch materials. 459
The Department of Marine Resources shall develop an annual report 460
to the Legislature which describes the annual expenditures from 461
this fund for the purpose of furthering oyster production and 462
propagation in this state to be included in the department's 463
annual budget request to the Legislative Budget Office and to be 464
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transmitted to the Chairmen of the Senate and House Committees on 465
Ports and Marine Resources. 466
(2) The fund shall be treated as a special trust fund and 467
interest earned on the principal shall be credited to the fund. 468
(3) The department shall keep accurate reports of monies 469
handled as a part of the permanent records of the department, and 470
the State Treasurer shall furnish the department such forms as may 471
be needed, and the department shall account for such forms in 472
reports to the Treasurer. 473
SECTION 9. Section 49-15-18, Mississippi Code of 1972, is 474
brought forward as follows: 475
49-15-18. The executive director of the department shall 476
publish an abstract copy of this chapter and all subsequent 477
amendments to this chapter and all rules and regulations 478
promulgated by the department under this chapter. The department 479
may distribute the publication to all persons requesting a copy 480
and to each licensee at the time of issuance of the license. New 481
regulations and amendments to this chapter may be supplied to each 482
licensee within a reasonable time after their promulgation or 483
passage. The department may charge a reasonable fee not to exceed 484
actual cost for its publications. 485
SECTION 10. Section 49-15-23, Mississippi Code of 1972, is 486
brought forward as follows: 487
49-15-23. (1) (a) The Mississippi Department of Marine 488
Resources and the Commission on Wildlife, Fisheries and Parks are 489
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hereby authorized and empowered to establish the dividing line 490
between salt and fresh waters, and when such line has been 491
established and notice thereof given as provided herein, it shall 492
be recognized in the courts in connection with any proceedings 493
under the game and fish laws of this state. Such line may be 494
changed from time to time by the Mississippi Department of Marine 495
Resources and the Commission on Wildlife, Fisheries and Parks on 496
proper publication of such changes. 497
(b) In establishing the dividing line between salt and 498
fresh waters, no part of the Bay of St. Louis shall be declared to 499
be fresh water. 500
(c) In establishing the dividing line between salt and 501
fresh waters, none of the waters within the municipal boundaries 502
of the City of Pascagoula, as they existed on January 1, 1981, 503
shall be declared to be fresh water. 504
(d) In establishing the dividing line between salt and 505
fresh waters, no part of Bayou Cassotte and its tributaries, Bang 506
Bayou and its tributaries, Bayou Cumbest and its tributaries, 507
Crooked Bayou, Middle Bayou and that part of Heron Bayou with its 508
tributaries which lie in the State of Mississippi shall be 509
declared to be fresh water. 510
(2) Whenever any dividing line is established or changed as 511
above provided, notice shall be given to the public by publication 512
for three (3) weeks in a newspaper published and having general 513
circulation in the county or counties affected thereby, and a 514
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description of the dividing line shall be filed in the office of 515
the chancery clerk of such counties or county. 516
SECTION 11. Section 49-15-27, Mississippi Code of 1972, is 517
brought forward as follows: 518
49-15-27. The department is hereby granted full and complete 519
authority to lease the bottoms within its jurisdiction upon the 520
following terms and conditions: 521
(1) All areas within the department's jurisdiction, not 522
designated state-owned reefs by this chapter, including natural 523
reefs and all areas not within the boundaries of riparian property 524
owners may be leased by the department. 525
(2) All individual lessees shall be residents of the State 526
of Mississippi, or if a firm or corporation, such firm or 527
corporation shall be organized under the laws of the State of 528
Mississippi and owned by a resident of the State of Mississippi. 529
(3) No individual, corporation, partnership or association 530
may lease less than one (1) acre nor more than two thousand five 531
hundred (2,500) acres total; however, in the case of an individual 532
there shall be counted towards such limitation any lands leased by 533
a corporation, partnership or association in which such individual 534
owns ten percent (10%) or less interest and, in the case of a 535
corporation, partnership or association, there shall be counted 536
toward such limitation any lands leased by an individual 537
stockholder, partner or associate thereof who owns ten percent 538
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(10%) or less interest in such corporation, partnership or 539
association. 540
(4) Individuals, firms or corporations desiring to lease 541
bottoms shall make application to the department in writing, 542
describing the area to be leased. Applications must include a 543
plat showing the proposed lease area and description of cultch 544
material type and amount to be deployed on the leased area. 545
(5) (a) Any person who qualifies and who desires to lease a 546
part of the bottom or bed of any of the waters of this state as 547
provided in this section shall present to the department a written 548
application, and pay an application fee in the amount of Fifty 549
Dollars ($50.00). This application shall contain the name and 550
address of the applicant and a reasonably definite description of 551
the location and amount of land covered by water desired by the 552
applicant. The department shall establish a system to determine 553
qualifications of applicants. The department shall prioritize 554
applications based on the following criteria, each of which shall 555
be weighted equally: 556
(i) Experience in oyster reef development; 557
(ii) Experience in oyster cultivation and 558
harvesting; 559
(iii) Whether lease applicant is registered with 560
the U.S. Food & Drug Administration Interstate Certified Shellfish 561
Shippers List for Mississippi, and the length of time the 562
applicant has been registered; 563
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(iv) Amount of acreage to be leased; and 564
(v) Evidence of applicant's financial ability to 565
perform cultivation and propagation requirements. 566
The department shall then order an examination to determine 567
whether the water bottoms applied for are leasable. 568
(b) If the applicant is found to be qualified and the 569
area is found to be leasable, the department shall determine the 570
acreage upon which the rent shall be fixed and enter into a lease 571
with the applicant, who shall pay the prorated annual rent in 572
advance for the remainder of the calendar year. If the applicant 573
is not eligible for a lease, the department shall issue a written 574
notice declining the application with specific reasons for same. 575
(c) The department has the authority to lease an area 576
to an applicant who has no experience in oyster cultivation as 577
long as the applicant can demonstrate their financial stability 578
and the area applied for has not been requested by another 579
applicant with demonstrated experience. 580
(d) The department has the authority to reconfigure the 581
lease areas from that requested by the applicant in the manner 582
that promotes maximum utilization of the state's resources. In 583
the event the area requested by the applicant has to be 584
reconfigured, the applicant has the right to refuse the 585
reconfigured area and withdraw their application and receive a 586
refund of their application fee. 587
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(e) The department shall require that the bottoms of 588
water areas to be leased be as definable as possible, taking into 589
consideration such factors as the shape of the body of water, 590
permitted areas, and the condition of the bottom as to hardness or 591
softness which would render it desirable or undesirable for the 592
purpose of oyster cultivation. 593
(f) A lease applicant may withdraw a lease application 594
and receive a full refund from the department of all application 595
fees, by submitting a written request for withdrawal to the 596
department within ninety (90) days after the department received 597
the application. 598
(6) Such leases shall be for an initial term of fifteen (15) 599
years, with the lessee having the right of first renewal of the 600
lease for an additional fifteen (15) years, and continue to renew 601
at fifteen-year intervals, at the same ground rental rate so long 602
as lessee actively cultivates and gathers oysters, and complies 603
with the provisions of this chapter. No lease may be transferred 604
without approval by the department of the transfer. 605
(7) The terms of every lease issued hereunder shall ensure 606
the maximum cultivation and propagation of oysters. Throughout 607
the term of every lease issued hereunder, each lessee shall add 608
cultch and make other necessary efforts to ensure the maximum 609
cultivation and propagation of oysters. The department shall 610
promulgate regulations to set forth guidelines for lessees to 611
follow to ensure the maximum cultivation and propagation of 612
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oysters under the lease. The lessee shall submit a written report 613
with supporting documentation to the department of efforts to 614
cultivate and propagate oysters for the previous year. If the 615
department finds a lessee is not making efforts to cultivate and 616
propagate oysters, and the lessee fails to take remedial steps to 617
address same, such lease shall be subject to termination as 618
provided for hereunder. 619
(8) The department shall fix a ground rental rate at Three 620
Dollars ($3.00) per acre per year. The annual rental payments 621
shall be due by December 31 for the next calendar year. 622
(9) Any lessee who pays the rent on or after the first day 623
of January shall pay the rent due plus an additional ten percent 624
(10%) penalty. The failure of the lessee to pay the rent 625
punctually on or before the first of each March, ipso facto and 626
without demand or putting in default, terminates and cancels the 627
lease and forfeits to the department all the works, improvements, 628
betterments, and oysters on the leased water bottom. The 629
department may at once enter on the water bottom and take 630
possession thereof. Such water bottom shall then be open for 631
lease in accordance with subsections (5) through (8) of this 632
section. Ten (10) days thereafter the department shall enter the 633
termination, cancellation, and forfeiture on its books and give 634
public notice thereof by publication in one (1) local paper in the 635
county where the formerly leased water bottoms are located. On or 636
before the first day of each February, the department shall issue 637
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a written notice of delinquency by certified mail to each lessee 638
who has not yet paid the rent. The department shall also publish 639
notice of such delinquency on its website. 640
(10) The department shall keep an accurate chart of the 641
areas within its jurisdiction and shall mark on such chart those 642
areas which are under lease. All leases shall be marked by 643
appropriate poles, stakes or buoys of such material as will not 644
injure watercraft, at the expense of the leaseholder. The 645
department shall keep an accurate book, designated "Mississippi 646
Oyster Farms" which shall contain copies of all leases. The 647
department shall maintain a map of designated state-owned, leased 648
areas, and areas available for lease on the department's website. 649
If any lease be cancelled or expire, such fact shall be noted on 650
the face of such lease. Lessees shall be "oyster farmers" for the 651
purposes of any grants, aid, subsidies or other assistance from 652
the federal government or other governmental or private agencies. 653
(11) All funds derived from leasing shall be paid into the 654
Seafood Fund under Section 49-15-17, for use by the department to 655
further oyster production in this state, which includes plantings 656
of oysters and cultch materials. 657
(12) All leases made by the department under the authority 658
of this section shall be subject to the paramount right of the 659
state and any of its political subdivisions authorized by law, to 660
promote and develop ports, harbors, channels, industrial or 661
recreational projects, and all such leases shall contain a 662
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provision that in the event such authorized public body shall 663
require the area so leased or any part thereof for such public 664
purposes, that the lease shall be terminated on reasonable notice 665
fixed by the department in such lease. On the termination of any 666
lease, the lessees shall have the right to remove any oysters 667
within the leased area within such time as may be fixed by the 668
department and in accordance with such reasonable rules and 669
regulations as the department may adopt. 670
Any person convicted of taking oysters from leased land or 671
from waters that are not of a safe sanitary quality without a 672
permit as provided in Section 49-15-37 shall, on the first 673
offense, forfeit all equipment used, exclusive of any boat or 674
boats; and be fined not to exceed Two Thousand Dollars ($2,000.00) 675
or sentenced not to exceed one (1) year in the county jail, or 676
both. Subsequent convictions shall be punishable by forfeiture of 677
all equipment, including any boat or boats; and a fine not to 678
exceed Five Thousand Dollars ($5,000.00) or not to exceed two (2) 679
years in prison, or both such fine and imprisonment. 680
The department is enjoined to cooperate with the Jackson 681
County Port Authority, the Harrison County Development Commission, 682
the municipal port commission and other port and harbor agencies, 683
so that oyster beds shall not be planted in close proximity to 684
navigable channels. The department or lessee shall have no right 685
of action as against any such public body for damages accruing to 686
any natural reef or leased reef by any necessary improvement of 687
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such channel in the interest of shipping, commerce, navigation or 688
other purpose authorized by law. 689
(13) A lessee has the exclusive use of the water bottoms 690
leased and all oysters and cultch grown or placed thereon. 691
However, this exclusive right is subordinate to the rights and 692
responsibilities of the state, any political subdivision of the 693
state, the United States, or any agency or agent thereof, to take 694
action in furtherance of coastal protection, conservation or 695
restoration. 696
(14) In order to protect the health and safety of the 697
residents of the State of Mississippi, the terms and conditions 698
relating to the leasing of bottoms provided in this section shall 699
be fully applicable to any lease executed by the Mississippi 700
Department of Marine Resources prior to April 17, 2023, and the 701
department shall revise any lease issued prior to April 17, 2023, 702
as necessary in order to comply with the provisions of this 703
section. 704
SECTION 12. Section 49-15-29, Mississippi Code of 1972, is 705
brought forward as follows: 706
49-15-29. (1) The department shall assess and collect 707
license fees and taxes as authorized under this chapter. 708
(2) All commercial licenses provided for under this chapter 709
that relate to seafood shall be purchased from May 1 through April 710
30 at the fees provided in this chapter. The licenses shall 711
expire on April 30 following the date of issuance. 712
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(3) When an application for an original or renewal license 713
of any kind authorized by this chapter is received by the 714
department, the department shall determine whether the vessel or 715
related equipment subject to that license is owned and operated in 716
compliance with applicable federal and state laws. If the 717
department determines that a vessel or its owner is not in 718
compliance with applicable federal and state laws, then no license 719
shall be issued or renewed for the operation of that vessel for a 720
period of one (1) year. All licenses shall be made available for 721
purchase at any building which is regularly operated by the 722
department on the Mississippi Gulf Coast. 723
(4) The department may authorize any person, other than a 724
salaried employee of the state to issue any license under this 725
chapter which the department deems appropriate. The authorized 726
person may collect and retain for issuance of the license the sum 727
of One Dollar ($1.00) in addition to the license fee provided in 728
this chapter. The department shall establish the qualifications 729
of persons authorized to issue licenses under this section and 730
shall also establish the procedure for the issuance of that 731
license by the authorized person and the procedure for collection 732
of license fees by and from the authorized person. 733
(5) The department may design, establish, and administer a 734
program to provide for the purchase, by electronic means, of any 735
license, permit, registration or reservation issued by the 736
department. Any actual costs associated to provide these 737
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documents electronically may be added to the cost of the 738
electronic program. 739
SECTION 13. Section 49-15-30, Mississippi Code of 1972, is 740
brought forward as follows: 741
49-15-30. (1) The department may promulgate rules and 742
regulations for nonresident permits in order to promote reciprocal 743
agreements with other states. 744
(2) Except as otherwise provided in Section 49-15-46, the 745
department shall provide that residents of other states bordering 746
on the Gulf of Mexico who are applicants for a commercial fishing 747
license of any type as provided for in this chapter shall pay the 748
same fee or fees that a resident of this state pays in this state 749
for that license if the respective applicant's domicile state does 750
not charge a greater fee or fees for a Mississippi resident than 751
for a resident of any other state to engage in a like activity in 752
the other state. If the applicant's domicile state does charge a 753
greater fee or fees for residents of Mississippi than for a 754
resident of the applicant's domicile state, then that applicant 755
shall pay the same fee or fees that the applicant's domicile state 756
charges residents of Mississippi. 757
(3) The department shall require a nonresident to purchase 758
the same type and number of licenses and pay the same fees that 759
are required of Mississippi residents to engage in like activity 760
in the nonresident's state. 761
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(4) (a) If an applicant applies for a nonresident 762
commercial fishing license to engage in a certain activity and the 763
applicant's state does not issue a nonresident commercial fishing 764
license for that activity, then the department shall not issue 765
such license to the applicant. 766
(b) If the applicant's domicile state has additional 767
mandatory licensing requirements, the applicant must meet those 768
requirements before receiving a nonresident commercial fishing 769
license. 770
(5) Any nonresident who engages in the commercial taking of 771
seafood within the territorial waters of Mississippi without 772
having the required nonresident commercial license is guilty of a 773
misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) 774
and shall forfeit any equipment, gear or nets used in the offense. 775
SECTION 14. Section 49-15-31, Mississippi Code of 1972, is 776
brought forward as follows: 777
49-15-31. (1) The department may construct, maintain and 778
operate all patrol stations, camps and related facilities as may 779
be deemed necessary by the department. 780
(2) If a regulatory agency of a foreign state establishes a 781
station or checkpoint through which Mississippi residents must 782
pass for license, permit or catch inspection, or otherwise, the 783
department shall establish similar stations or checkpoints through 784
which residents of the foreign states shall be required to pass. 785
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SECTION 15. Section 49-15-34, Mississippi Code of 1972, is 786
brought forward as follows: 787
49-15-34. (1) The department shall require all boats used 788
under regulation of this chapter which are also used in waters of 789
other states and required by those states to pay licenses or fees 790
for the same purposes as licenses and fees are required under this 791
chapter to purchase a license which reflects that the licensed 792
boats are used inside and outside the territorial waters of 793
Mississippi. Upon the issuance of that license, the licensed 794
boat, if used exclusively for commercial fishing or charter boats 795
which have been licensed and authorized by the United States Coast 796
Guard under 46 CFR Sections 24-26 and 46 CFR Sections 175-187, 797
shall be deemed to be in the business of interstate 798
transportation, but this shall in no way affect the collection of 799
other licenses and fees by the department which would otherwise be 800
due under this chapter. The department shall assess and collect 801
an annual license fee of Twenty Dollars ($20.00) on each boat 802
engaged in operations under this subsection. 803
(2) Notwithstanding the provisions of this chapter, the 804
department shall establish a transport permit to land seafood in 805
this state which is legally taken outside of the Mississippi 806
territorial waters without obtaining a license under this chapter. 807
The department by regulation shall require the registration of 808
those landings. The department may establish a permit fee in an 809
amount not to exceed the amount of the license fee established in 810
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Section 49-15-28(1). This subsection shall not be construed to 811
supersede Section 49-15-71. 812
SECTION 16. Section 49-15-35, Mississippi Code of 1972, is 813
brought forward as follows: 814
49-15-35. Upon the request of the boards of supervisors of 815
the respective coastal counties, the department may adopt 816
ordinances prohibiting the taking and catching of menhaden within 817
certain limits of the coast line of the county so requesting, but 818
the department shall not fix such limits except upon request of 819
the board of supervisors, and such limit shall not exceed two (2) 820
miles from the shore line, or two (2) miles from the corporate 821
limit boundaries of any municipality bordering on the Mississippi 822
Sound. 823
SECTION 17. Section 49-15-36, Mississippi Code of 1972, is 824
brought forward as follows: 825
49-15-36. (1) The Department of Marine Resources shall have 826
full jurisdiction and control of all designated state-owned reefs 827
and oyster bottoms of the State of Mississippi. The department 828
may lease up to eighty percent (80%) of the permitted areas 829
available. Permitted areas not subject to a lease under this 830
chapter shall remain open to the public. 831
(2) State-owned reefs may be opened for harvest of oysters 832
during the season on a rotating basis. If the department 833
determines that a particular reef has been overharvested or that a 834
high percentage of sublegal size oysters exist on a particular 835
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reef and that harvest could damage future oyster crops, the 836
department may close designated reef areas and keep them closed 837
during the season. 838
(3) The department shall promulgate regulations regarding 839
the closing of oyster reefs to protect the public health. When 840
that testing indicates the oysters on the closed reef are suitable 841
for consumption, the reef shall be opened for the taking of 842
oysters as soon as notice of that opening may be made to 843
interested parties. The authority to open or close oyster reefs 844
under this chapter shall be solely within the discretion of the 845
department. The Gulf Coast Research Laboratory or other certified 846
laboratory shall cooperate with the department and shall conduct 847
necessary tests to determine the condition of oyster reefs at the 848
request of the department. The department may limit the sale of 849
oysters for human consumption. 850
(4) (a) The department may issue special permits for the 851
purpose of catching oysters outside the open season or in areas 852
not normally open to harvest to those nonprofit organizations that 853
are tax exempt under Section 501(c) of the United States Internal 854
Revenue Code and which have on file with the Department of Revenue 855
a tax exemption letter issued by the United States Internal 856
Revenue Service. 857
(b) The department shall promulgate rules and 858
regulations governing the taking of oysters by the nonprofit 859
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organization and shall issue such regulations to all organizations 860
upon request and at the issuance of the special permit. 861
(5) The department shall establish a reasonable period of 862
time for depuration of oysters replanted from restricted waters. 863
That period of time shall be consistent with the maintenance of 864
the public health and may vary from time to time and from one reef 865
to another in accordance with environmental conditions. 866
SECTION 18. Section 49-15-37, Mississippi Code of 1972, is 867
brought forward as follows: 868
49-15-37. The department may employ boats, crews and 869
laborers to cultivate the state-owned reefs of the state, and 870
dredge the oysters in the Mississippi Sound from places where they 871
are too thick, and spread them on reefs where they are too thin, 872
and carry shells from the factories and spread them in places 873
where the oyster beds can be improved and enlarged. The 874
department may open state-owned reefs to the public for harvest. 875
The department may purchase other materials as may be equally 876
suitable for the propagation of oysters. The department in 877
cultivating the reefs, transplanting and spreading oysters and 878
shells and other suitable materials, may expend any funds 879
available for that purpose, as provided by Section 49-15-17(1)(e). 880
In taking seed oysters, care shall be used to not injure or 881
destroy the merchantable oysters on the reefs from which they are 882
taken. The seed oysters shall be tonged from the "conner" or seed 883
reefs, unless it is practicable and safe to dredge those oysters. 884
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The department may establish new bedding grounds at those places 885
within the boundaries of the state as it may determine, on advice 886
of the director, or on advice of technical governmental experts, 887
or competent aquatic biologists. On existing state-owned reefs in 888
which oysters exist and in waters not of a safe sanitary quality 889
as determined by the department, the department shall prohibit any 890
person, firm or corporation from taking oysters from those areas. 891
The department shall from time to time remove the oysters from the 892
areas and relay or replant them in an approved area for a period 893
of time under Section 49-15-36 before they may be harvested. Any 894
funds received from the sale of the oysters shall be used in a 895
like manner as those funds received under Section 49-15-17(1)(e). 896
The department may issue permits to persons to remove oysters 897
by dredging or otherwise from water bottoms which are not of a 898
safe sanitary quality for oysters for human consumption. These 899
areas may be designated as seed grounds, and permits to persons 900
shall be issued only for the purpose of transplanting oysters to 901
privately leased Mississippi territorial waters. The department 902
may permit the transplanting of these seed oysters by a duly 903
authorized public agency. 904
The department may, upon determining the water bottom from 905
which oysters are to be removed is not of a safe, sanitary quality 906
for oyster production for human consumption and has been unsafe 907
for a period of at least one (1) year immediately preceding 908
certification, and upon complying with the following requirements, 909
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permit the dredging of oysters from restricted public areas and 910
relaying the oysters to private leased grounds in the State of 911
Mississippi: 912
(a) Permittee must hold valid lease of oyster bedding 913
grounds in the State of Mississippi; 914
(b) Permittee must be bonded in compliance with the 915
permit system established by the department; 916
(c) Permittee must fulfill all permit requirements as 917
established by the department; 918
(d) Permittee shall not move oysters from one 919
restricted area to another restricted area; 920
(e) Permittee shall move oysters only to an area leased 921
by the department; and 922
(f) Permittee shall not move oysters from the 923
restricted area without the presence of an employee of the 924
department at all times, from the dredging of the oysters from the 925
restricted areas to their deposit on private leased grounds or to 926
an onshore, molluscan depuration facility. 927
Harvesting of oysters shall be permitted only during daylight 928
hours and with the most efficient gear possible consistent with 929
conservation requirements of not damaging the reefs. This shall 930
include permission to use two (2) dredges per boat on restricted 931
areas and on private leased grounds. 932
Any person obtaining a permit to remove oysters from seed 933
grounds shall post a penal bond of One Hundred Dollars ($100.00) 934
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per leased acre with the department to be forfeited upon any 935
violation of this section. The bond may be approved by the 936
director of the department if the director finds the bond to be 937
secured by sufficient property or sureties. 938
The department shall regulate the amount and time of taking 939
of oysters from seed areas and shall supervise the removal, 940
planting and harvesting of oysters from the areas. The time set 941
for the taking of oysters from restricted seed areas for relaying 942
or replanting and the time set for the taking of oysters from 943
private leased grounds shall be separated by not less than a 944
period of time determined under Section 49-15-36 during which 945
neither activity may be allowed. 946
SECTION 19. Section 49-15-38, Mississippi Code of 1972, is 947
brought forward as follows: 948
49-15-38. (1) (a) Unless otherwise permitted by the 949
department, no oysters shall be taken from state-owned reefs 950
unless culled, and all oysters less than three (3) inches from end 951
to end, and all dead shells, shall be replaced, scattered and 952
broadcast immediately on the reefs from which they are taken. It 953
is unlawful for any captain or person in charge of any vessel, or 954
any canner, packer, commission man, dealer or other person to 955
purchase, sell or to have in that person's possession or under 956
that person's control any oysters off the state-owned reefs or 957
private bedding grounds not culled according to this section, or 958
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any oysters under the legal size. A ten percent (10%) tolerance 959
shall be allowed in relation to any culling. 960
(b) The department may authorize the culling of oysters 961
of a lesser measure. That authorization shall be in response to 962
special circumstances or extreme natural conditions affecting the 963
habitat, including, but not limited to, flooding. The department 964
may establish checkpoints in any area within its jurisdiction to 965
conduct inspections, collect fees and issue tags in the 966
enforcement of this chapter and regulations adopted by the 967
commission. 968
(2) The department shall acquire and replant shells, seed 969
oysters and other materials, when funding is available, for the 970
purpose of growing oysters. 971
(3) Any person, firm or corporation failing or refusing to 972
pay the shell retention fee required under Section 49-15-46 to the 973
department when called for by the department, is guilty of a 974
misdemeanor and, upon conviction, shall be fined not more than One 975
Hundred Dollars ($100.00) for each sack of shells for which they 976
fail or refuse to tender the shell retention fee. In addition to 977
the fine, the violator shall pay the reasonable value of the 978
oyster shells and shall be ineligible to be licensed for any 979
activity set forth in this chapter for a period of two (2) years 980
from the date of conviction. 981
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(4) The planting of oyster shells as provided under this 982
chapter shall be under the direction and supervision of the 983
executive director of the department. 984
SECTION 20. Section 49-15-40, Mississippi Code of 1972, is 985
brought forward as follows: 986
49-15-40. The department may support projects in the nature 987
of digging or constructing canals or ditches to bring additional 988
water to existing oyster reefs or beds in need of that water, or 989
for the purpose of creating or establishing new oyster reefs or 990
beds. The department may also enter into interstate or intrastate 991
efforts to support these projects and may seek and utilize aid 992
from all federal, state and local sources in this endeavor. 993
SECTION 21. Section 49-15-41, Mississippi Code of 1972, is 994
brought forward as follows: 995
49-15-41. It shall be unlawful for any person to fish, catch 996
or take oysters from the waters of Mississippi during the hours 997
between sunset and sunrise of each day. 998
Violation of this section shall be punishable by a fine not 999
to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to 1000
exceed one (1) year in the county jail, or both. 1001
SECTION 22. Section 49-15-42, Mississippi Code of 1972, is 1002
brought forward as follows: 1003
49-15-42. (1) All oysters caught in Mississippi territorial 1004
waters shall be tagged and unloaded in Mississippi. Before 1005
tagging and unloading, the oysters must be sacked or packaged in 1006
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containers or by other methods approved by the department. 1007
However, a person is exempt from the unloading requirement if he 1008
is transporting the oysters to a state that has a reciprocity 1009
agreement with Mississippi exempting Mississippi residents from 1010
the unloading requirements of that state. 1011
(2) The driver of any vehicle used in the transporting of 1012
oysters in the shell from outside the territorial limits of the 1013
State of Mississippi, whether the vehicle is a boat or motor 1014
vehicle, shall possess an invoice, statement or other bill of 1015
lading which bears the name of the person, firm or corporation 1016
from whom the oysters were purchased, the name of the purchaser 1017
and the number of barrels or bushels of oysters which the vehicle 1018
or vessel contains. 1019
SECTION 23. Section 49-15-43, Mississippi Code of 1972, is 1020
brought forward as follows: 1021
49-15-43. Oysters for sale either wholesale or retail may be 1022
packaged in glass jars covered with a screw-type top or lid of the 1023
type customarily and heretofore used in the seafood industry in 1024
the State of Mississippi, but this section shall automatically be 1025
repealed if and when such type packaging becomes prohibited by any 1026
agency of the United States Government for shipment in interstate 1027
commerce. 1028
SECTION 24. Section 49-15-44, Mississippi Code of 1972, is 1029
brought forward as follows: 1030
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49-15-44. The department shall prohibit the sale or 1031
possession of illegal oysters. It is unlawful for any person, 1032
firm or corporation to possess or to engage in the sale of oysters 1033
not certified in this state, or to shuck or repack for sale any 1034
illegal oysters, unless that person, firm or corporation possesses 1035
a bill of sale, valid permit or affidavit of another state, 1036
properly dated, evidencing the legality of the sale or possession 1037
of the oysters in that state. Any person in possession of illegal 1038
oysters shall be subject to civil or criminal prosecution and 1039
shall be fined not less than One Hundred Dollars ($100.00) or 1040
punished as provided in Section 49-15-63. 1041
SECTION 25. Section 49-15-45, Mississippi Code of 1972, is 1042
brought forward as follows: 1043
49-15-45. Any municipality bounded by the Gulf of Mexico or 1044
Mississippi Sound, which has wholly or partly within its corporate 1045
limits, or in the waters adjacent thereto, a public oyster reef 1046
reserved for catching oysters exclusively by use of hand tongs, is 1047
hereby authorized to aid and cooperate with the department in 1048
enforcing all laws regulating the catching, taking and 1049
transporting of oysters, including all of the provisions of this 1050
chapter, and all regulations and ordinances of such department 1051
relating to such oyster reefs. 1052
SECTION 26. Section 49-15-46, Mississippi Code of 1972, is 1053
brought forward as follows: 1054
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49-15-46. (1) Each vessel used to catch, take, carry or 1055
transport oysters from the reefs of the State of Mississippi, or 1056
engaged in transporting any oysters in any of the waters within 1057
the territorial jurisdiction of the State of Mississippi, for 1058
commercial use, shall annually, before beginning operations, be 1059
licensed by the department and pay the following license fee: 1060
(a) Fifty Dollars ($50.00) on each in-state vessel or 1061
boat used for tonging oysters or gathering oysters by hand; 1062
(b) One Hundred Dollars ($100.00) on each in-state 1063
vessel or boat used for dredging oysters; 1064
(c) One Hundred Dollars ($100.00) on each out-of-state 1065
vessel or boat used for tonging oysters or gathering oysters by 1066
hand, or the license fee charged by the out-of-state licensing 1067
entity to Mississippi vessels or boats for tonging or gathering 1068
oysters, whichever is greater; or 1069
(d) Two Hundred Dollars ($200.00) on each out-of-state 1070
vessel or boat used for dredging oysters, or the license fee 1071
charged by the out-of-state licensing entity to Mississippi 1072
vessels or boats for dredging oysters, whichever is greater. 1073
(2) Each molluscan shellfish aquaculture operation shall 1074
annually, before beginning operations, be licensed by the 1075
department and pay the following license fee: 1076
(a) Fifty Dollars ($50.00) on each resident molluscan 1077
shellfish aquaculture operation; or 1078
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(b) One Hundred Dollars ($100.00) on each nonresident 1079
molluscan shellfish aquaculture operation. 1080
(3) The department may authorize the transfer of a vessel 1081
license to a different vessel provided that the owner of both 1082
vessels is the same titled owner. 1083
(4) All oysters harvested in the State of Mississippi shall 1084
be tagged. Tags may be issued by the department or printed by the 1085
catcher in compliance with procedures and regulations adopted by 1086
the department. Such tags shall bear the catcher's name, the date 1087
and origin of the catch, the shell stock dealer's name and permit 1088
number. The department shall number all tags issued and shall 1089
maintain a record of those tags. The department, in its 1090
discretion, may adopt any regulations regarding the tagging of 1091
oysters and other shellfish. 1092
(5) Each person catching or taking oysters from the waters 1093
of the State of Mississippi for personal use shall obtain a permit 1094
from the department and pay an annual recreational oyster permit 1095
fee of Ten Dollars ($10.00). Oysters caught under a recreational 1096
permit shall not be offered for sale. The limits on the allowable 1097
catch of oysters for recreational purposes shall be three (3) 1098
sacks per week. The department shall issue tags of a 1099
distinguishing color to designate recreationally harvested 1100
oysters, which shall be tagged on the same day of harvest in the 1101
manner prescribed in subsection (4) of this section for 1102
commercially harvested oysters or by regulation of the department. 1103
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(6) The department shall assess and collect a shell 1104
retention fee for the shells taken from waters within the 1105
territorial jurisdiction of the State of Mississippi as follows: 1106
(a) Commercial and recreational harvesters - Fifteen 1107
Cents (15¢) per sack paid to the department on the day of harvest; 1108
(b) Initial oyster processor, dealer or factory first 1109
purchasing the oysters - Fifteen Cents (15¢) per sack paid to the 1110
department no later than the tenth day of the month following the 1111
purchase, on forms submitted by the department; 1112
(c) Commercial harvesters transporting their catch out 1113
of the state - Fifty Cents (50¢) per sack paid to the department 1114
on the day of harvest, in addition to the fees paid in paragraph 1115
(a) of this subsection; and 1116
(d) Commercial harvesters not selling their oysters to 1117
a Mississippi dealer - Fifteen Cents (15¢) per sack paid to the 1118
department on the day of harvest, in addition to fees paid in 1119
paragraph (a) of this subsection. 1120
Funds received from the shell retention fee shall be paid 1121
into the Oyster Production Preserve Account within the Seafood 1122
Fund pursuant to Section 49-15-17(1)(e) for use by the department 1123
to further oyster production in this state, which includes 1124
plantings of oysters and/or cultch materials. 1125
(7) During open seasons, oysters may be taken only by hands, 1126
tongs and dredges. 1127
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(8) Vessels licensed under Section 49-15-46 may keep in 1128
whole, for personal consumption up to thirty-six (36) blue crabs 1129
(portunidae family), per day. This exemption for personal 1130
consumption does not apply to fish or crabs that are otherwise 1131
illegal to possess or catch. 1132
SECTION 27. Section 49-15-47, Mississippi Code of 1972, is 1133
brought forward as follows: 1134
49-15-47. (1) It is unlawful for any person, firm or 1135
corporation to discharge solid or human waste from any vessel 1136
while the vessel is used to harvest or transport oysters in the 1137
marine waters of the state. 1138
(2) Each vessel used to harvest or transport oysters is 1139
required to have an approved functional marine sanitation device 1140
(MSD), portable toilet or other sewage disposal receptacle 1141
designed to contain human sewage. The approved marine sanitation 1142
device (MSD), portable toilet or other sewage disposal receptacle 1143
shall: 1144
(a) Be used only for the purpose intended. 1145
(b) Be secured while on board and located to prevent 1146
contamination of shell stock by spillage or leakage. 1147
(c) Be emptied only into an approved sewage disposal 1148
system. 1149
(d) Be cleaned before being returned to the vessel. 1150
(e) Not be cleaned with equipment used for washing or 1151
processing food. 1152
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(3) The use of other receptacles for sewage disposal may be 1153
approved by the department if the receptacles are: 1154
(a) Constructed of impervious, cleanable materials and 1155
have tight-fitting lids; and 1156
(b) Meet the requirements listed in subsection (2). 1157
(4) Any person, firm or corporation violating the provisions 1158
of this chapter, shall, on conviction, be fined not less than Five 1159
Thousand Dollars ($5,000.00), and the license of the convicted 1160
party shall be revoked for one (1) year. For conviction of a 1161
second offense, the fine shall be not less than Ten Thousand 1162
Dollars ($10,000.00), and the license of the convicted party shall 1163
be revoked for two (2) years. For a conviction of a third 1164
offense, the fine shall be not less than One Hundred Thousand 1165
Dollars ($100,000.00), and the license of the convicted party 1166
shall be permanently revoked. 1167
(5) Upon issuance of a citation for a violation of this 1168
section, the vessel shall be removed from the oyster reef and any 1169
oysters on board the vessel shall be confiscated and disposed of 1170
by the department. The vessel shall not be permitted to harvest 1171
from any state-owned or private reefs until the vessel is properly 1172
equipped as determined by an inspection by the department. 1173
SECTION 28. Section 49-15-315, Mississippi Code of 1972, is 1174
brought forward as follows: 1175
49-15-315. (1) It is unlawful for any person, firm or 1176
corporation to engage in commercial harvesting of crabs, oysters, 1177
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shrimp, bait shrimp or saltwater fish in the marine waters north 1178
of the CSX bridge in the three (3) coastal counties, except for 1179
the following: 1180
(a) A person may take any euryhaline species of minnow; 1181
and 1182
(b) A licensed commercial oyster fisherman may harvest 1183
oysters from reefs approved by the commission. 1184
(2) The Gulf Coast Research Laboratory shall study all 1185
estuaries and bays deemed to be nurseries. The Gulf Coast 1186
Research Laboratory may recommend the establishment of nursery 1187
grounds in the estuaries and bays if necessary to protect the 1188
state's fishing resources. 1189
(3) The department shall set the limits on all catches for 1190
noncommercial use. 1191
(4) A person, firm or corporation found guilty of violating 1192
this section is guilty of a misdemeanor and shall be fined as 1193
provided in Section 49-15-100(2), or imprisoned not more than 1194
three (3) months or both; and in addition, the commission shall 1195
seize and confiscate all commercial nets, trawls, traps, tongs and 1196
boats used for such purpose and dispose of it at public sale and 1197
shall deposit the proceeds to the credit of the Seafood Fund. If 1198
the person in possession of or using the nets in the violation is 1199
not the owner or licensee of the nets, the department shall notify 1200
the owner or licensee of the nets. The nets shall be subject to 1201
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forfeiture unless the nets were stolen and prosecution for the 1202
theft is initiated. 1203
SECTION 29. Section 51-11-105, Mississippi Code of 1972, is 1204
brought forward as follows: 1205
51-11-105. The following provisions related to the Lower 1206
Pearl River Restoration Project ("project") are contingent upon 1207
the development of an agreement, or an amendment to the existing 1208
agreement, between the Mississippi Department of Environmental 1209
Quality ("MDEQ"), the Department of Wildlife, Fisheries and Parks 1210
("DWFP") and the district, removing the district from the 1211
agreement, and possibly adding a new cooperating partner or 1212
partners and possibly removing the MDEQ and/or the DWFP from the 1213
agreement. 1214
From and after July 1, 2018, the project, currently being 1215
managed as a joint effort of the MDEQ, the DWFP, and the district, 1216
shall continue as per existing agreements, which may be amended to 1217
reflect the dissolution of the district and its removal from those 1218
agreements. The obligations of the district under the current 1219
agreements for the project may be assumed by the MDEQ, or other 1220
entity, as the designated state entity for the continuing 1221
obligation of maintenance of the water control structures as set 1222
forth in the original agreements. The parties to the agreement 1223
may identify necessary maintenance activities needed to preserve 1224
the integrity of project structures and other ordinary maintenance 1225
activities as the parties may agree need to be performed. Funding 1226
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ST: Oyster bottoms; bring forward code sections
related to.
to perform those maintenance activities shall come from the Lower 1227
Pearl trust account currently on deposit with a depository or 1228
depositories in the name of the Pearl River Basin Development 1229
District, which funds are a special fund set aside solely for the 1230
operation and maintenance of the project. From and after July 1, 1231
2018, the parties to the agreement, may assume ownership, in 1232
trust, of those funds, and the funds shall be known as the "Lower 1233
Pearl River Restoration Trust Fund." Monies from this fund shall 1234
be a special fund set aside for the purpose(s) set forth in the 1235
amended or reformed agreement between the parties and shall not 1236
lapse into the State General Fund, and may not be expended for any 1237
purpose other than operation and maintenance activities under the 1238
purview of the project. 1239
SECTION 30. This act shall take effect and be in force from 1240
and after July 1, 2026. 1241