Bill Text: MS HB1321 | 2022 | Regular Session | Introduced
Bill Title: Menhaden; prohibit taking of within one mile buffer of Jackson County, Mississippi.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-10 - Died On Calendar [HB1321 Detail]
Download: Mississippi-2022-HB1321-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Marine Resources
By: Representative Busby
House Bill 1321
AN ACT TO AMEND SECTION 49-15-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO USE OR ATTEMPT TO USE A PURSE SEINE FOR THE TAKING OF FISH OR TO HAVE SUCH SEINE IN THE WATER WITHIN ONE MILE OF THE SHORELINE OF CAT ISLAND AND WITHIN ONE MILE OF THE SHORELINE OF JACKSON COUNTY, MISSISSIPPI; TO REPEAL SECTION 49-15-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE COMMISSION MAY ADOPT ORDINANCES PROHIBITING THE TAKING AND CATCHING OF MENHADEN WITHIN CERTAIN LIMITS; TO BRING FORWARD SECTION 49-15-71, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE REGULATIONS FOR THE TAKING OF REDFISH, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 49-15-78, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE USE OF A GILL NET, TRAMMEL NET, ENTANGLEMENT NET, OR LIKE CONTRIVANCES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-79, Mississippi Code of 1972, is amended as follows:
49-15-79. (1) It is unlawful
for any person, firm or corporation to use or attempt to use a purse seine for
the taking of fish or to have such seine in the water within one (1) mile of
the shoreline of Cat Island and within one (1) mile of the shoreline of
the County of Hancock * * *, Harrison or Jackson in the State of Mississippi.
The Boards of Supervisors of Hancock, Harrison and Jackson Counties shall have
the authority to submit proposed regulations to the commission to regulate
within their respective counties the use of * * * trammel nets. The commission may consider
all such proposals submitted by the boards of supervisors in formulating
regulations to be promulgated under this section.
(2) A person, firm or corporation
convicted of a violation of this section or regulations promulgated under this
section shall be punished by the penalties provided in Section 49-15-100(2) * * *.
SECTION 2. Section 49-15-35, Mississippi Code of 1972, which provides that the commission may adopt ordinances prohibiting the taking and catching of menhaden within certain limits of the coast line of the county so requesting, but the commission shall not fix such limits except upon request of the board of supervisors, and such limit shall not exceed two (2) miles from the shore line, or two (2) miles from the corporate limit boundaries of any municipality bordering on the Mississippi Sound, is repealed.
SECTION 3. Section 49-15-71, Mississippi Code of 1972, is brought forward as follows:
49-15-71. (1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.
(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.
(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.
(4) For the purposes of this section, the term "redfish" means red drum or sciaenops ocellatus.
SECTION 4. Section 49-15-78, Mississippi Code of 1972, is brought forward as follows:
49-15-78. (1) (a) It is unlawful for a person to use a gill net, trammel net, entanglement net, or like contrivances for the taking of finfish in marine waters within one-half (1/2) mile of the shoreline.
(b) For the purposes of this section, the phrase "like contrivances" means any net that is similar in form, function, purpose or use to a gill net, trammel net or entanglement net.
(c) It is unlawful for a person to use a haul seine net for the taking of fish in marine waters within one-half (1/2) mile of the shoreline of Cat Island.
(d) The provisions of this section shall not apply to hand seines, cast nets or brill nets.
(2) A violation of this section is punishable by the penalties provided in Section 49-15-100.
SECTION 5. This act shall take effect and be in force from and after July 1, 2022.
