Miss. Admin. Code Title 22 — Marine Resources

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

Part 1 RULES AND REGULATIONS FOR SHELLFISH HARVESTING, TAGGING, LANDING, UNLOADING, TRANSPORTING, RELAYING, MANAGEMENT, AREA CLASSIFICATION, AND OTHER SHELLFISH RELATED ACTIVITIES IN THE STATE, AND THE LEASING OF TERRITORIAL WATERS UNDER THE JURISDICTION OF THE STATE OF MISSISSIPPI

Chapter 02 DEFINITIONS

22 Miss. Admin. Code Pt. 1, R. 2.1 Definitions

A. ADEQUATELY ICED –The amount and application of the ice is sufficient to ensure that immediate cooling begins and continues for all shellfish. If ice slurry is used and the shellfish are submerged, the presence of ice in the slurry indicates adequate icing.

B. ADULTERATED – Molluscan shellfish will be deemed contaminated if any foreign substance has been added to, mixed in, or packed with molluscan shellfish to increase its bulk or weight, reduce its quality, or make it appear better or of greater value.

C. ADVERSE POLLUTION CONDITION – A state or situation caused by meteorological, hydrological or seasonal events or point source discharges that has historically resulted in elevated fecal coliform levels in a particular growing area.

D. APPROVED AREA – Molluscan shellfish growing waters classification used to identify a growing area where harvest of shellfish for direct marketing is allowed.

E. APPROVED CULTCH MATERIAL - Materials that have been authorized or accepted by the relevant regulatory or governing body for use in on-bottom molluscan shellfish cultivation. These materials are typically used to provide a suitable substrate or surface for shellfish to attach and grow on, such as oyster spat or other natural or synthetic materials. A list of suitable materials will be listed in the Molluscan Shellfish Growing Waters Operational Plan.

F. AQUACULTURE INTERMEDIATE SIZE SHELLSTOCK – Molluscan shellstock which measures 26 mm or more and 50 mm or less in size (more than 1 inch and less than 2 inches) from end to end.

G. AQUACULTURE MARKET SIZE SHELLSTOCK – Molluscan shellstock which measures 51 mm or more (2 inches or greater) from end to end.

H. AQUACULTURE SEED – Molluscan shellstock which measures 0 to 25 mm in length (1 inch or less) from end to end, used for cultivation in controlled conditions.

I. AUTHORITY– The State shellfish control administration or its designated agents, which are responsible for the enforcement of all rules and regulations pertaining to molluscan shellfish related activities.

J. BASKET DREDGE – A type of molluscan shellfish dredge, also known as a “self- dumping dredge” that utilizes a rigid framed basket, instead of a flexible rope or chain bag, to retain the harvested molluscan shellfish.

K. BULK TAGGING – When a single lot of shellstock is sold, multiple containers may be combined on a wrapped pallet or other type of containment and the unit tagged with a single tag in accordance with the most current version of the NSSP Model Ordinance.

L. CERTIFICATION OR CERTIFY - The issuance of a numbered certificate to a person for a particular activity or group of activities that indicates: (a) Permission from the MDMR Authority to conduct the activity; and (b) Compliance with the requirements of the NSSP Model Ordinance.

M. CERTIFIED INTERSTATE SHELLFISH SHIPPER – An individual, firm or corporation who has been issued a numbered license and certification by the MDMR for molluscan shellfish handling and processing. In addition, nonresidents who have been issued a license and certification from their respective state shellfish control MDMR Authority are eligible to participate in the interstate shipment of molluscan shellfish.

N. CERTIFIED SHELLFISH PLANT – A molluscan shellfish facility which possesses a valid shellfish processing plant license and certification from the MDMR for shellfish handling and processing. A certified shellfish plant is recognized as a Certified Interstate/Intrastate Shellfish Shipper. A certified shellfish plant is designated as either a: Shellstock Shipper (SS), Shucker- Packer (SP), Repacker (RP) or Reshipper (RS).

O. COMMERCIAL MOLLUSCAN SHELLFISH AQUACULTURE PERMIT – A permit issued by the MDMR Shellfish Bureau to a Mississippi aquaculture harvester. The harvester must have an active commercial aquaculture harvesters license. The permit includes endorsements allowable for the harvester including grow-out and seed purchases, seed nursery, wet storage, intermediate shellstock grow-out, off-site cultivation, bulk tagging, and transport of shellstock across state lines. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.

P. COMMERCIAL MOLLUSCAN SHELLFISH LEASE PERMIT – A permit issued by the MDMR Shellfish Bureau to an active, on-bottom, private lease holder. The permit includes endorsements allowable for the harvester including harvest of molluscan shellfish and cultch material deployment on the lease. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.

Q. COMMERCIAL MOLLUSCAN SHELLSTOCK TRANSPORT PERMIT – A permit issued by the MDMR Shellfish Bureau to a Mississippi Certified Dealer and/or Processor for the transportation of shellstock by a marine vessel from waters outside of the state of Mississippi into the state of Mississippi. Renewal of this permit is required on an annual basis, with expiration occurring on April 30th each year.

R. CONDITIONALLY APPROVED AREA – Molluscan shellfish growing waters classification that meets the criteria for approved classification except under certain environmental conditions such as rainfall and river stage. Conditions specific to each area are described in the MDMR Shellfish Bureau management plan.

S. CONTAINER - Any bag, sack, tote, conveyance or other receptacle used for containing shellfish for holding or transporting.

T. CULTIVATION -The deliberate actions taken by the lessee to improve conditions for the growth, reproduction, and overall well-being of oyster populations within the designated lease area. This involves activities such as bagless dredging and other forms of substrate maintenance. Leaseholders may submit additional or alternative activities to the Executive Director for approval to adhere to the requirements of this Part.

U. DEPURATION – The process of reducing the pathogenic organisms that may be present in shellstock by using a controlled aquatic environment as the treatment process.

V. ILLEGAL MOLLUSCAN SHELLFISH – All untagged molluscan shellstock, molluscan shellfish obtained from uncertified shops or dealers or from an unlicensed harvester, molluscan shellstock obtained from waters not declared safe and sanitary by the MDMR and offered for sale or sold, and shucked molluscan shellfish obtained from uncertified shops or dealers.

W. INTERSTATE COMMERCE – The movement of a shipment or service across state or international borders; or the intent to continue a movement within a state that originated from another state or country.

X. INTRASTATE COMMERCE – The movement that originates in a single state, moves in that state only and delivers in that originating state.

Y. ISLANDS – All islands in the territorial waters of the State of Mississippi, which include, but are not limited to: Petit Bois, Horn, Ship, Cat, Round and Deer Islands.

Z. LANDED – The point at which shellstock is put on land or a dock.

AA. MARINA – Any water area with a structure (docks, basin, floating docks, etc.) which is used for docking and constructed to provide temporary or permanent docking space for more than ten (10) boats.

BB. MISBRANDED – Molluscan shellfish labeled with false or misleading information in any way or with a missing label.

CC. MOLLUSCAN SHELLFISH – All bivalve species of oysters, clams, mussels, or scallops in the shell, shucked, fresh, frozen or in part.

DD. MOST PROBABLE NUMBER (MPN) - a statistical estimate of the number of bacteria per unit volume and is determined from the number of positive results in a series of fermentation tubes.

EE. OFF-BOTTOM AQUACULTURE – Molluscan shellfish aquaculture operations in marine waters that utilize the water column or do not otherwise fall within the definition of on- bottom aquaculture.

FF. ON-BOTTOM AQUACULTURE – Molluscan shellfish aquaculture operations in marine waters that use natural shell, spat on shell, or other approved cultch material deployed on the water bottoms, without employing racks, cages, or other containers or support structures.

GG. ON-BOTTOM PROPERTY CLASSIFICATIONS – The categorization or classification of submerged lands or water bottoms that are suitable for leasing or cultivating molluscan shellfish. As of July 1, 2023, the classifications are as follows:

1. Class I – Substantial Shellfish Resource/Recently Improved Bottoms

2. Class II – Minimal Shellfish Resource/Improved Bottoms

3. Class III – No Resource/Unimproved Bottoms

HH. OYSTER SPAT - The early juvenile stage of an oyster, which is the larval oyster that has settled and attached to a hard substrate, such as a shell, or rock.

II. PLAT - A detailed map drawn to scale, used to show the divisions and boundaries of a piece of land. It identifies the corner coordinates (decimal degrees), describes the piece of land, its boundaries, and gives a description of the approved cultch material and amount to be deployed.

JJ. PROHIBITED AREA – Molluscan shellfish growing waters classification where the harvest of shellstock for any purpose is not permitted, except depletion, gathering of seed or nursery culture for aquaculture.

KK. PROPAGATION -The deliberate actions taken by the lessee to increase the population of oysters within the designated lease area. This includes cultch deployment and stocking oyster seed or spat. Leaseholders may submit additional or alternative activities to the Executive Director for approval to adhere to the requirements of this Part.

LL. PUBLIC REEF – On-bottom molluscan shellfish reefs, either natural, historic, or created by the state that are managed by the state.

MM. RELAY - To transfer shellstock from a growing area classified as restricted or conditionally restricted to a growing area classified as approved or conditionally approved for the purpose of reducing pathogens as measured by the coliform indicator group or poisonous or deleterious substances that may be present in the shellstock by using the ambient environment as the treatment process.

NN. REPACKER (RP) – Any person, firm, or corporation other than the original certified shucker-packer who repacks shucked molluscan shellfish into other containers. A Repacker may also repack and ship shellstock. A Repacker is not permitted to shuck molluscan shellfish.

OO. RESHIPPER (RS) – Any person, firm, or corporation who purchases shucked molluscan shellfish or shellstock from a certified shipper and sells the product, without repacking or relabeling, to other certified shippers, wholesalers, or retailers.

PP. RESTRICTED AREA – Molluscan shellfish growing waters classification used to identify a growing area where harvesting shall be by special license and the shellstock, following harvest, is subjected to a suitable and effective treatment process through relaying or depuration.

QQ. RETAILER – Anyone who sells molluscan shellfish to the end user and has had no part in the processing of molluscan shellfish as defined by Miss. Code Ann. 49-15- 28.

RR. SANITARY SURVEY – The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing water quality.

SS. SEED – Shellstock which measures less than three (3) inches from end to end.

TT. SHELLFISH RELATED ACTIVITIES – Any activity involving molluscan shellfish including, but not limited to: buying, cultivation, growing, harvesting, landing, opening, packing, processing, relaying, repacking, reshipping, selling, shipping, tagging, transplanting, transporting, or unloading.

UU. SHELLSTOCK – Live molluscan shellfish in the shell.

VV. SHELLSTOCK SHIPPER (SS) – A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck molluscan shellfish or to repack shucked molluscan shellfish. A shellstock shipper may also buy, repack, and sell in-shell product as well as ship shucked molluscan shellfish.

WW. SHORELINE – The area where the water contacts the land including the mainland and all offshore and barrier islands.

XX. SHOULD – Used to state recommended or advisory procedures or to identify recommended equipment.

YY. SHUCKER-PACKER (SP) – Any person, firm, or corporation that shucks and packs molluscan shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack molluscan shellfish originating from other certified dealers.

ZZ. STATE-OWNED REEFS - A designated area within the state's tidal waters that is set aside for the protection, propagation, and management of oyster populations for the benefit of the environment and the oyster industry.

AAA. TAG – A label attached to molluscan shellfish containers for the purpose of identification.

1. WHITE TAG – Shellstock that is commercially harvested from growing areas classified as approved or conditionally approved, in the open status, and under conditions that allow for direct marketing for raw consumption.

2. GREEN TAG – Shellstock that is commercially harvested from growing areas classified as approved, conditionally approved, or restricted in the open status and under conditions that allow for shucking by a certified dealer or post- harvest processing only as defined in the most current version of the NSSP Model Ordinance.

3. RED TAG – Shellstock harvested for personal use and sale is prohibited.

4. PURPLE TAG – Shellstock that is being cultivated by a molluscan shellfish aquaculture harvester and will be returned to the harvester’s sublease. Sale is prohibited.

BBB. Trip Ticket – A form of written documentation that includes the date time and each lot of shellfish harvested.

CCC. UNCLASSIFIED AREA – Waters that are not classified as molluscan shellfish growing waters and from which the harvest of shellfish is prohibited pending classification by the MDMR based on a sanitary survey of the area.

DDD. WET STORAGE – The storage, by a dealer, of shellstock from growing areas in the approved classification or in the open status of the conditionally approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater at any permitted land-based activity or facility.

EEE. WHOLESALER – A person, firm or corporation that purchases and resells molluscan shellfish to a licensed retailer or other wholesaler.

History

• Source: MISS. CODE ANN. § 49-1-1; NSSP Model Ordinance § II-B

Chapter 03 MANAGEMENT AND CLASSIFICATION OF MOLLUSCAN SHELLFISH GROWING WATERS

22 Miss. Admin. Code Pt. 1, R. 3.1 The implementation of the requirements by the MDMR as specified herein is subject to the following:

A. No procedure or guideline of the NSSP or ISSC, which is or may be in conflict with any provisions of Mississippi Code, has or will be applied or enforced by the MDMR.

B. No procedure or guideline of the NSSP or ISSC, which is more stringent than any relevant federal regulation or law, has or will be applied by the MDMR.

C. The MDMR may, consistent with its existing practice, dispute any proposed or adopted procedure or guideline of the ISSC, in accordance with the procedures laid down therefore by said Conference, when, in the opinion of the MDMR, any such proposed guideline or regulation would appear to be unnecessary for the accomplishment of the goals of the ISSC, or scientifically invalid, or unduly and unnecessarily burdensome upon the State of Mississippi’s molluscan shellfish industry, or for any other reason found by the MDMR.

History

• Source: MISS. CODE ANN. §§49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance § II-I

22 Miss. Admin. Code Pt. 1, R. 3.2 Rule 3.2

Nonresidents participating in molluscan shellfish related activities in the State of Mississippi must pay all fees and licenses set forth by the MDMR. This excludes the purchase of molluscan shellfish for personal consumption.

History

• Source: MISS. CODE ANN. §§49-15-15, 49-15-30, 49-15-303, 49-15-304; NSSP Model Ordinance § II-VIII

22 Miss. Admin. Code Pt. 1, R. 3.3 Management Plan for Shellfish Growing Waters

A. The MDMR will maintain a management plan in accordance with the most current

version of the NSSP Model Ordinance. This plan will include the classification of shellfish growing waters, the criteria for conditionally approved growing waters, the opening and closing criteria for growing areas within the State of Mississippi, and other relevant information.

B. The MDMR will supply a copy of the current time and temperature table by request.

C. The MDMR may modify or change the area specific growing waters management provisions and the classifications and descriptions of shellfish growing waters as necessary and will update the molluscan shellfish management plan when a change occurs.

History

• Source: MISS. CODE ANN. §§49-15-15, 49-15-36, 49-15-27, 49-15-63, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-II, II-IV, II-VIII, IV-II

22 Miss. Admin. Code Pt. 1, R. 3.4 Shellfish Growing Waters Openings and Closings for State-Owned Reefs and Private Leases

A. The MDMR will set the opening date of oyster season on state-owned reefs in an opening order in accordance with the most current version of the NSSP Model Ordinance. The opening order will include:

1. Opening date

2. Open molluscan shellfish growing areas

3. Check station location(s), if applicable.

4. Oyster hotline number or other means of notification

5. Sack limits and/or quotas

6. Allowable gear type

7. Reference to the rules and regulations of molluscan shellfish related activities

B. The MDMR will notify the public when an area opens or closes for the harvest of molluscan shellfish.

C. A twenty-four (24) hour recorded telephone message of closures and openings will be provided when possible.

D. If a closure is necessitated by a rainfall event or rise in river stage occurring after 4:00 p.m., the closure will be effective no later than 4:00 p.m. the following day.

E. If a closure is necessitated by a rainfall event or rise in river stage occurring prior to 4:00 p.m., the closure will be effective no later than 4:00 p.m. that day.

F. Whenever sampling data indicates this time frame sequence is not adequate to protect public health, the area will be closed immediately, and any shellfish taken from the area may be required to be returned to the water.

G. If a closure is necessitated by any polluting event which threatens public health, closure will be immediate, and any harvested molluscan shellfish deemed contaminated by an MDMR Authority must be destroyed or returned to the water.

H. When any one or more of the following criteria are found to exist, the MDMR will delay opening or close the area, or affected portions thereof, to shellfish harvesting.

1. When area specific closing criteria as published by the MDMR are met or exceeded.

2. When hurricanes, storms, localized flooding, or other natural disasters strike the area.

3. When reports concerning chemical spills, discharge of hazardous wastes, and/or discharge of raw untreated sewage, poorly treated sewage from malfunctioning city sewage collection system pump stations, chemical plants or users, harbors, shipping terminals, marinas, ships, barges, or the sinking or grounding of vessels carrying hazardous cargoes are substantiated.

4. When there is evidence of the existence of marine biotoxins or other biological, chemical, or radiological agents in the seawater or shellfish in the area exceeding recognized acceptable limits. Designated MDMR personnel will perform monitoring of the closing criteria.

I. If a controlling gauge for rainfall or river stage reading is missing or unavailable, evaluation of all available information will be utilized to determine if the closing criteria has been met or exceeded, in which case, the area will be closed in accordance with this Part.

J. When molluscan shellfish growing waters are closed under the provisions listed, the affected waters are deemed not safe and molluscan shellfish reefs within these closed waters are deemed contaminated or otherwise unfit for consumption.

K. Seawater samples will be collected from each compliant sampling station in the area for microbiological analysis.

L. Seawater will be deemed acceptable when microbiological analysis of compliant stations in the area indicates a geometric mean fecal coliform MPN of 14 per 100 ml of water or less. This shall be deemed a sufficient time interval to permit natural biological cleansing.

M. When shellfish tissue is sampled for verification, the results shall be less than a fecal

coliform MPN of 230 per 100 grams of meat.

N. Areas may be opened or reopened for the harvest of molluscan shellfish by the MDMR:

1. When rainfall has subsided, and microbiological analysis of seawater samples indicate that the seawater is again acceptable and that the shellfish have gone through a sufficient time interval to permit natural biological cleansing.

2. When any raw sewage spills or discharges are diluted to the point that they are within accepted standards as determined by microbiological analysis of seawater samples collected at the site of the spill or discharge in accordance with the most current version of the NSSP Model Ordinance.

3. When rainfall, hurricanes, storms, localized flooding or any natural disasters have subsided; microbiological analysis of seawater and/or molluscan shellfish tissue samples indicate that the seawater is again acceptable; and the shellfish have gone through a sufficient time interval to permit natural biological cleansing in accordance with the most current version of the NSSP Model Ordinance.

4. When any chemicals or hazardous waste residuals remaining in the seawater or molluscan shellfish tissue are less than the tolerance set for such substances by the federal agencies responsible; or, when such residuals are judged to be non- hazardous to public health by the MDMR.

5. When there is no evidence of the existence of marine biotoxins or other biological, chemical, or radiological agents in excess of tolerances set for such biotoxins, biological, chemical or radiological agents in the seawater and molluscan shellfish tissue samples taken from the area in accordance with the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, III-IV-.03, IV-II-.02

22 Miss. Admin. Code Pt. 1, R. 3.5 Approved Classification of Molluscan Shellfish Growing Waters

A. Approved growing waters are areas where the growing and harvesting of shellfish for direct market is allowed by the MDMR Authority.

B. Approved growing waters may be opened and closed to the direct harvest of shellfish by the MDMR Authority in accordance with the most current version of the NSSP Model Ordinance.

C. An area is considered approved when a sanitary survey shows that there are not pathogenic micro-organisms, poisonous and deleterious substances present in dangerous concentrations and where bacteriological quality of the water of every sampling station does not exceed a fecal coliform median or geometric mean in accordance with the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, II-VII, III-IV, IV-II

22 Miss. Admin. Code Pt. 1, R. 3.6 Conditionally Approved Classification of Molluscan Shellfish Growing Waters

A. An area is considered conditionally approved when a sanitary survey of the area, conducted by an MDMR Authority, shows that the area meets the conditions of approved growing waters except under certain environmental conditions such as heavy rainfall or river stage.

B. All molluscan shellfish growing waters classified as conditionally approved may be open for the direct harvest of shellfish by the MDMR provided that water quality meets the conditions defined for that area.

C. During any closure of a conditionally approved area, the MDMR will sample the water of the closed area until shellfish are free of pollutants in accordance with the respective growing waters management plan.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, II-VII, III-IV, IV-II

22 Miss. Admin. Code Pt. 1, R. 3.7 Restricted Classification of Molluscan Shellfish Growing Waters

A. All molluscan shellfish growing waters classified as restricted are closed to the direct harvest of shellfish. B. The MDMR may permit relaying or depuration operations of these areas after a sufficient study determines that the shellfish will depurate to the required levels within a specified period of time, and that the growing waters in these areas meet the requirements to be classified as restricted to relaying and/or depuration in accordance with the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, II-VII, III-IV, IV-II

22 Miss. Admin. Code Pt. 1, R. 3.8 Rule 3.8

Prohibited Classification of Molluscan Shellfish Growing Waters - All molluscan shellfish growing waters classified as prohibited are closed to the harvest of molluscan shellfish at all times.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IV, II-VII, III-IV, IV-II

22 Miss. Admin. Code Pt. 1, R. 3.9 Rule 3.9

Unclassified Waters – All waters deemed unclassified by the MDMR are closed to the harvest of molluscan shellfish pending a sanitary survey of the area.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance § II-IV

Chapter 04 HARVESTING, LANDING AND TRANSFER OF MOLLUSCAN SHELLFISH

22 Miss. Admin. Code Pt. 1, R. 4.1 Harvesting Molluscan Shellfish

A. A license issued by the MDMR is required to take molluscan shellfish from the waters under the territorial jurisdiction of the State of Mississippi.

B. All molluscan shellfish taken from waters of the territorial jurisdiction of the State of Mississippi must:

1. Be properly tagged and taken legally from an area declared open for harvest by the MDMR Authority.

2. Be accompanied by a trip ticket that indicate the check-out time, must remain with the catch until final delivery and must be available for inspection with the molluscan shellfish by an MDMR Authority.

C. Nonresident recreational harvest of molluscan shellfish is not permitted in the State of Mississippi.

D. Dredge Specifications

1. Harvesters are permitted to use a dredge that weighs 115 pounds or less and has a tooth bar with 16 or less teeth. All dredge teeth must be five (5) inches or less. 2. Harvesters are permitted to use a hand dredge that weighs 40 pounds or less and have a tooth bar with 10 or less teeth. All dredge teeth must be five and one quarter (5¼) inches or less. When using a hand dredge, it is illegal to use a mechanical advantage retrieval system. A hand dredge must be retrieved by hand.

2. Basket dredges are not permitted for use in Mississippi waters.

3. Harvesters are not permitted to use more than two (2) dredges.

E. Marine Sanitation Device (MSD)

1. All boats or vessels used in the harvest or transport of shellfish are required to have onboard, a functional, approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle to contain human sewage.

2. The MSD must meet the requirements set forth by the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-303, 49-15-304, 97-15-30; NSSP Model Ordinance §§ II-VIII, III-VIII, IV-II

22 Miss. Admin. Code Pt. 1, R. 4.2 Harvesting Molluscan Shellfish from State-Owned Reefs

A. The following reef locations are hereby defined as state-owned reefs: 1. The location and boundaries within Henderson Point Reef are defined beginning at 30.28911, -89.306056; thence running south to 30.275936, - 89.307225; thence running easterly to 30.276742, -89.286143; thence running north-northwest to 30.285544, -89.287495; thence northwest to 30.286804, - 89.298546; thence north- northwest to 30.288524, -89.301152; thence west- northwest to the starting point of 30.28911, -89.306056. 2. The location and boundaries within Pass Christian Reef are defined beginning at 30.295625, -89.259498; thence running due south to 30.266667, - 89.259722; thence running eastward to 30.266706, -89.239754; thence running due north to 30.295594, -89.238995; thence running northwest to 30.307562, - 89.243751; thence east-southeast to 30.304763, -89.253733; thence southeast to the starting point of 30.295625, -89.259498. 3. The location and boundaries within Pass Marianne Reef are defined beginning at 30.260434, -89.257656; thence running due south to 30.232937, - 89.257053; thence running east-northeast to 30.237694, -89.235895; thence heading north- northeast to 30.261201, -89.229848, thence running westerly to the starting point of 30.260434, -89.257656. 4. The location and boundaries within Biloxi Bay Reef are defined beginning at 30.390865, -88.850817; thence north-northeast to 30.397775, -88.849747; thence running easterly 30.398098, -88.840548; thence southeast to 30.397022, - 88.838840; thence due south to 30.390560, -88.839293; thence westerly to the starting point of 30.390865, -88.850817. 5. The location and boundaries within Shearwater Reef are defined beginning at 30.395348, -88.828985; thence running north-northeast to 30.396273, - 88.828634; thence running east-northeast to 30.396738, -88.823464; thence running southeast to 30.395822, -88.820765; thence running due south to 30.392236, -88.820854; thence running northwest to the starting point of 30.395348, -88.828985. 6. The location and boundaries within Pascagoula West Reef are defined beginning at 30.350556, -88.629745, thence running north to 30.351887, - 88.629707; thence running east to 30.351965, -88.619731; thence southeast to 30.346569, -88.615309; thence southwest to 30.345063, -88.619559; thence northwest to the starting point of 30.350556, -88.629745. 7. The location and boundaries within the Pascagoula Causeway Reef are defined beginning at 30.337473, -88.586133; thence running west-northwest to 30.338845, - 88.592265; thence northwest to 30.343418, -88.596595; thence north-northeast to 30.349412, -88.595152; thence east to 30.349177, - 88.588124; thence running south-southeast to starting point of 30.337473, - 88.586133.

B. All molluscan shellstock taken from state-owned reefs by any person, firm or corporation must measure three (3) inches or more from end to end. End to end measurement is the greatest length from the hinge to the bill. It is unlawful for any person, firm, or corporation to purchase, sell or possess molluscan shellfish harvested from public reefs that are under the legal-size limit.

C. Any person, firm or corporation harvesting molluscan shellfish on state-owned reefs must first register on the day of harvest with the MDMR.

1. Check stations will operate from 7:00 a.m. to 4:00 p.m. local time when the area is open for harvest or until the final harvester that checked in for the day has checked out.

2. All shellfish harvesting activities must cease prior to 4:00 p.m. each day and all fishermen must be checked out at the appropriate check station by 4:00 p.m. If a harvester does not return to a check station by 4:00 p.m., all shellfish harvested that day will be confiscated by an MDMR Authority.

3. Any exception to these conditions due to unforeseen circumstances must have prior approval by an MDMR Authority.

D. All molluscan shellfish must be properly tagged immediately upon landing on the date of harvest.

E. All shellstock must be packed in clean containers before the boat or vessel leaves the reef from which they were harvested.

F. Molluscan shellstock harvested from state-owned reefs must be culled according to MS Code 49-15-38.

1. Harvesters must immediately scatter and broadcast evenly, all dead shells, small oysters, and oysters in excess of the daily sack limits onto the natural reefs from which they are taken.

2. A ten percent (10%) tolerance by number is allowed in relation to any culling. The ten percent (10%) tolerance is determined from a representative sample of ten percent (10%) of the total catch.

G. It is unlawful to transfer molluscan shellfish from one vessel to another vessel, until vessels have been checked out at the designated landing location.

H. While engaged in the harvest of molluscan shellfish, it is unlawful for any boat or vessel to tow or to be tied to any other boat or vessel licensed for shellfish harvesting.

I. It is unlawful for any boats or vessels engaged in the harvest of molluscan shellfish to fail to be continuously manned by a qualified person capable of operating the boat or vessel from the time of check-in for the day until the time of check-out.

J. Upon registration, while harvesting, or upon check-out, each person may be required to show their license to an MDMR Authority.

K. It is unlawful for any harvester engaged in harvesting molluscan shellfish on a tonging reef to have an oyster dredge on board the boat or vessel.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-38, 49-15-39, 49-15-303, 49-15-304;

22 Miss. Admin. Code Pt. 1, R. 4.3 Harvesting Molluscan Shellfish from On-Bottom Private Leases

A. All on-bottom molluscan shellfish reef lessees must abide by all statements, terms, conditions or clauses in the: Department of the Army, Mobile District Corps of Engineers Permit and the MDMR Wetlands Permit (available on the MDMR website), Lease Agreement for Oyster Production, and MDMR Shellfish Bureau Commercial Molluscan Shellfish Lease Permit and adhere to the rules outlined in the most current version of the NSSP Model Ordinance.

B. All on-bottom molluscan shellfish aquaculture harvesters must have a trip ticket fully completed and submitted to the MDMR within twenty-four (24) hours of harvest.

C. All on-bottom molluscan shellfish reef leases are subject to closure based on area classifications and the management for shellfish growing waters within the state of Mississippi per Rule 3.4 of this Title and Part.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-27, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-VIII, III-VIII, IV-II

22 Miss. Admin. Code Pt. 1, R. 4.4 Harvesting Molluscan Shellfish from Off-Bottom Aquaculture Leases

A. All off-bottom molluscan shellfish aquaculture harvesters must adhere to the rules outlined in the lease contract, lease permit, this Part, and the most current version of the NSSP Model Ordinance.

B. All off-bottom molluscan shellfish aquaculture harvesters must have a trip ticket fully completed and submitted to the MDMR within twenty-four (24) hours of the start of harvest.

C. All off-bottom molluscan shellfish aquaculture leases are subject to closure based on area classifications and the management for shellfish growing waters within the state of Mississippi per Rule 3.4 of this Title and Part.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II- VIII, III-VIII, IV-II

22 Miss. Admin. Code Pt. 1, R. 4.5 Transferring Tagged Molluscan Shellfish

A. When molluscan shellfish are transferred from a harvester to a dealer or from a dealer's mobile unit to another dealer's mobile unit, the transfer of tagged molluscan shellfish must take place across transfer facilities or locations that are periodically monitored by MDMR for sanitary conditions or at a certified dealer's facility that is inspected by the MDMR.

B. There must be no such transfers at any other locations except for emergency conditions as declared by the certified dealer and approved by an MDMR Authority.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-46, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-XI, II-XII; II-XIV

Chapter 05 LABELING AND TAGGING OF MOLLUSCAN SHELLFISH

22 Miss. Admin. Code Pt. 1, R. 5.1 Rule 5.1

All molluscan shellfish shipped within, into or out of the State of Mississippi by a certified dealer must be tagged and legibly labeled in accordance with the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-42, 49-15-46; NSSP Model Ordinance §§ II-VIII, II-X, III-X

22 Miss. Admin. Code Pt. 1, R. 5.2 Bulk tagging of shellstock is permitted in accordance with the most current version of the NSSP Model Ordinance

History

• Source: MISS. CODE ANN. § 49-15-42; NSSP Model Ordinance §§ II-VII, II-X

22 Miss. Admin. Code Pt. 1, R. 5.3 Rule 5.3

All molluscan shellfish harvested for personal consumption by a commercial or recreational harvester must be red tagged and accompanied by a trip ticket indicating all harvest information.

1. Name of the product.

2. Name and address of the packer, repacker, or distributor.

3. Size of container.

4. Certification number.

5. Net drained weight when packed.

6. Packages containing sixty-four (64) fluid ounces or more must have, on the lid and sidewall or bottom, the "DATE SHUCKED" indicated as the number of the day, month and year or the month, day, and year.

7. Packages of less than sixty-four (64) fluid ounces of fresh product must be labeled with the wording "SELL BY” followed by a date expressed as a month, day, and year.

8. The ‘sell by’ date must not exceed seventeen (17) days from the date shucked.

9. Containers of frozen shucked molluscan shellfish must show the date the product was shucked and the date frozen, labeled as "DATE SHUCKED" and "DATE FROZEN" followed by the date expressed as the month, day, and year.

10. Shucked product previously frozen must be labeled with the wording "PREVIOUSLY FROZEN".

B. When both the harvester and dealer tags appear on the container, the dealer's tag is not required to duplicate the information on the harvester's tag.

C. If molluscan shellfish are removed from the original container by the dealer, the tag on the new container must meet the requirements of the most current version of the NSSP Model Ordinance.

D. All molluscan shellfish shipped by a certified dealer within, into or out of the State of Mississippi must be accompanied by a bill of lading or bill of sale and legibly labeled in accordance with the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. § 49-15-46; NSSP Model Ordinance § II-VII Rule 5.4 Dealer Tagging A. All containers or packages enclosing fresh shucked or frozen raw shucked molluscan shellfish and shucked molluscan shellfish products shipped within, into or out of the State of Mississippi must originate from a certified dealer and must be conspicuously, indelibly, and legibly labeled in accordance with the most recent version of the NSSP Model Ordinance, with the following information:
• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-46, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-X, IV-III

22 Miss. Admin. Code Pt. 1, R. 5.5 Tagging Shellstock from Private Leases and State-Owned Reefs

A. All on-bottom and off-bottom molluscan shellfish reef lessees must adhere to the labeling and tagging rules and regulations outlined in the Lease Agreement for Oyster Production, or Molluscan Shellfish Commercial On-Bottom Lease Permit, and the most current version of the NSSP Model Ordinance.

B. Harvest tags not originating directly from the MDMR Authority for Commercial On- Bottom Lease Harvest and Commercial Aquaculture Harvest must receive approval from the MDMR Authority in accordance with the most current version of the NSSP Model Ordinance before use. All tags not originating directly from the MDMR Authority must abide by the guidelines in this Part.

C. All harvest tags for state-owned reefs must originate from the MDMR Authority in accordance with the most current version of the NSSP Model Ordinance.

D. Harvest tags must meet the following requirements:

1. Shall be durable and waterproof.

2. Shall be at least 5 ½ x 2 ¾ inches in size.

3. Shall stay affixed to the container until the container is in the possession of an

individual or business who is licensed and certified to sell shellfish.

4. Shall not be reused.

5. Harvesters must complete all information on the tag, including:

i. The harvester's identification number as assigned by the MDMR Authority.

ii. Harvest Date.

iii. Harvest Area.

iv. Type of molluscan shellfish.

v. Quantity of molluscan shellfish.

vi. The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.

E. Shellstock must be landed at an approved dock, with tags attached prior to shipment. Tags shall be filled out with indelible, legible information in accordance with the most current version of the NSSP Model Ordinance.

F. It is unlawful for any person, firm, or corporation harvesting from state-owned reefs to have possession of tags in excess of the daily sack limit.

G. All shellstock tags must be affixed to the outside of the sack or container.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-46, 49-15-303, 49-15-304;

Chapter 06 RECEIVING, STORAGE, HANDLING AND PACKING OF MOLLUSCAN SHELLFISH

22 Miss. Admin. Code Pt. 1, R. 6.1 Receiving and Storage of Molluscan Shellfish

A. Dealers receiving shellstock from a harvester must only accept shellstock that is accompanied by documentation from the harvester confirming that the shellstock was harvested in accordance with the most current time and temperature chart developed by the MDMR.

B. Molluscan shellfish harvesters, dealers and processors must ensure that shellfish are under temperature control within the allotted time outlined in the time and temperature chart developed by the MDMR. Molluscan shellfish must be kept either adequately iced or under mechanical refrigeration until final sale.

C. Molluscan shellfish must be stored in a mechanically refrigerated unit which is equipped with automatic temperature controls and maintains the ambient air temperature in the storage within the allotted time outlined in the time and temperature chart developed by the MDMR.

D. Frozen molluscan shellfish must be stored in such a manner as to remain frozen.

E. All ice used in the processing and storage of shellstock or shucked product must be made on-site from potable water in a commercial ice machine or come from a facility regulated by the MDMR or an appropriate regulatory agency.

F. At the points of transfer, shellfish must be kept for no more than two (2) hours without being adequately iced or under mechanical temperature control.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-46, 49-15-303, 49-15-304; NSSP Model Ordinance II-X, II-XI, II-XII, II-XIII, II-XIV, II-XV, III

22 Miss. Admin. Code Pt. 1, R. 6.2 Record Keeping and Tag Retention

A. Certified dealers and processors must keep accurate records showing the names, addresses, and certification numbers of all persons from whom lots of molluscan shellfish are received, the source of each lot (growing area), the names and addresses of persons to whom lots are sold or shipped and the dates of these transactions.

B. Shellfish tags are required to be attached to containers until containers are empty and thereafter kept on record for at least ninety (90) days.

C. Certified dealers and processors must record the tag number of each container of shellstock and to whom or from whom the shellstock were shipped, sold, bought, or received. Such records must be open to inspection at any time during operating hours, by any duly authorized representative of the MDMR.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-46, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-IX, II-X, III-X

22 Miss. Admin. Code Pt. 1, R. 6.3 Adulterated, Misbranded or Unlabeled Molluscan Shellfish Products

A. It is unlawful for any person, firm or corporation within the state of Mississippi to produce, harvest, provide, purchase, sell, offer, possess, expose for sale, or have in possession with intent to sell, any raw shellfish and shellfish products which are adulterated, misbranded, or unlabeled.

B. No person, firm or corporation shall hold or pack shellfish under conditions whereby the shellfish may become adulterated.

C. Any adulterated, misbranded, mislabeled, or unlabeled shellfish or shellfish products will be impounded by the direction of an MDMR Authority.

D. Seizure and disposal of such shellfish products must be by the direction of an MDMR Authority.

E. If shellstock harvested from an off-bottom molluscan shellfish aquaculture lease is found to be adulterated, misbranded, mislabeled, or unlabeled, adequate cleansing of the shellstock will be considered in accordance with the most current version of the NSSP Model Ordinance and by the guidance of an MDMR Authority.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-21, 49-15-42, 49-15-44, 49-15-46, 49-15- 303, 49-15-304; NSSP Model Ordinance §§ II-I

22 Miss. Admin. Code Pt. 1, R. 6.4 Recall of Molluscan Shellfish

A. When molluscan shellfish have been landed and moved into or through the handling, processing and/or marketing system and have been determined by the MDMR Authority as subjected to contamination that threatens public health, the molluscan shellfish will be recalled.

B. The recalled shellfish must be properly disposed of under the supervision of an MDMR Authority to prevent human consumption.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-36, 49-15-303, 49-15-304; NSSP Model Ordinance § IV-II; IV-V

Chapter 07 SHIPPING AND TRANSPORTATION OF MOLLUSCAN SHELLFISH

22 Miss. Admin. Code Pt. 1, R. 7.1 Transporting Molluscan Shellfish

A. Transported shellstock must be legally harvested from the originating State and legally transported in accordance with the most current version of the NSSP Model Ordinance.

B. Licensed harvesters may transport their own daily harvested shellstock intrastate, unrefrigerated, within the time limits outlined in the most recent time and temperature chart developed by the MDMR Authority.

C. If shellstock has been previously refrigerated, it must be transported in a refrigerated unit.

D. Dealers and processors must ship all molluscan shellfish adequately iced or in mechanically refrigerated conveyances which are equipped with automatic temperature controls that maintain the ambient air temperature in the storage in accordance with the most current version of the time and temperature chart developed by the MDMR.

E. All shucked molluscan shellfish must be in either mechanically refrigerated vehicles or adequately iced.

F. All ice used in the transportation of molluscan shellfish must be made on-site from potable water in a commercial ice machine or come from a facility regulated by the

MDMR or an appropriate regulatory agency.

G. Frozen molluscan shellfish must be transported in such a manner as to remain frozen solid and the temperature of the product maintained at 0°F (-17.8°C) or less.

H. All mechanically refrigerated transport vehicles, other than common carriers, used for transporting molluscan shellfish must be certified and inspected by the MDMR Authority.

I. All molluscan shellfish, either refrigerated or not, must be protected from the sun and contamination during transport.

J. During the period of May 1 through September 30 of each year, all boats or vessels transporting shellstock must protect the shellstock from direct exposure to the sun by having an awning or similar covering over the shellstock.

K. Boats or vessels transporting shellstock legally harvested and legally transported from waters outside the State of Mississippi into Mississippi must:

1. Apply for and receive a Commercial Molluscan Shellfish Transport Permit from the MDMR Shellfish Bureau before entering Mississippi territorial waters.

2. Comply with all permit conditions required by the MDMR Authority.

3. Properly tag shellstock in accordance with the most current version of the NSSP Model Ordinance.

4. Mechanically refrigerate shellstock when required by the most current version of the time and temperature chart developed by the MDMR Authority.

L. Dogs, cats, birds, and other animals are not allowed in any vehicle or vessel used to transport molluscan shellfish.

M. It is unlawful to open containers of shucked molluscan shellfish in transit, except for inspection by an MDMR Authority or other duly authorized official.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-44, 49-15-46, 49-15-303, 49-15-304;

22 Miss. Admin. Code Pt. 1, R. 7.2 Interstate Commerce

A. Interstate shipping of molluscan shellfish must only be through a licensed and certified seafood dealer and/or processor.

B. Only a Mississippi Certified Dealer is permitted to ship molluscan shellfish, harvested from Mississippi waters, or landed in the state, into interstate commerce.

C. No molluscan shellfish must enter or exit the state of Mississippi unrefrigerated. Marine vessels transporting molluscan shellstock must follow the rules outlined in

the Commercial Molluscan Shellstock Transport Permit issued by the MDMR.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-44, 49-15-46, 49-15-303, 49-15-304;

Chapter 08 MOLLUSCAN SHELLFISH AQUACULTURE OPERATIONS

22 Miss. Admin. Code Pt. 1, R. 8.1 All molluscan shellfish aquaculture operations: A

Must comply with all permits and regulations governing molluscan shellfish including the most current version of the NSSP Model Ordinance. Harvested molluscan shellfish, whether from aquaculture farms, leases, or facilities, must be landed and tagged according to this Part.

B. Must only culture species native to the Gulf of Mexico. Polyploid native species are permitted. Imported shellfish aquaculture seed to be used for grow-out in Mississippi waters must be descendants of broodstock who originated in the Gulf of Mexico. The hatchery where the aquaculture seed was produced must provide documentation of broodstock origin.

C. Are prohibited from discharging any waste materials into the surrounding waters excluding fouling organisms, the excrement of the cultured species, and commercially prepared feeds.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-44, 49-15-46, 49-15-303, 49-15-304;

22 Miss. Admin. Code Pt. 1, R. 8.2 On-Bottom Molluscan Shellfish Aquaculture

A. Any cultch materials used for molluscan shellfish aquaculture must be approved by the MDMR before use. All material must be Approved Cultch Material as defined in Chapter 02 of this Part.

1. Approval is based, in part, on the environmental suitability of the material.

2. Cultch materials placed in the grow-out area must be a suitable substrate for attachment of molluscan shellfish larvae. These include materials such as natural molluscan shells; fossilized shell; coral, and other aquatic organisms; lithic materials such as crushed and graded limestone, granite, and gravel which contain calcium carbonate or fossilized organisms; or recycled materials which contain lithic fractions and calcium carbonate, including crushed concrete.

3. Exceptions to this list of Approved Cultch Material must be specifically approved by the MDMR Authority.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-42, 49-15-44, 49-15-46, 49-15-303, 49-15-304;

22 Miss. Admin. Code Pt. 1, R. 8.3 Off-Bottom Molluscan Shellfish Aquaculture

A. Aquaculture harvesters are permitted to grow aquaculture seed in marinas and other prohibited or unclassified growing waters.

1. Harvesters must obtain a permit for this activity from the MDMR Shellfish Bureau.

2. Harvesters must adhere to the rules and regulations outlined in the Public Trust Tidelands Sublease, Commercial Aquaculture Permit, this Part, and the most current version of the NSSP Model Ordinance.

B. Record Keeping

1. The aquaculture lease holder must maintain records and provide a monthly report to the MDMR Shellfish Bureau with the following information:

i. A daily record of the number of incidental deaths of vertebrate coastal wildlife that occur within the leased area. Additionally, the aquaculture operation must notify the MDMR immediately upon the injury or death of any threatened or endangered species, marine mammal, or raptor within the leased area.

ii. An accounting of aquaculture seed stock added and harvested within a given month.

iii. On shore culture operators must maintain records of any transfers of broodstock, seed, gametes, or larvae.

iv. All records must be maintained for a minimum of three (3) years and must be available to the MDMR Authority for inspection.

2. This report may be mailed to the MDMR Shellfish Bureau or emailed to oyster@dmr.ms.gov.

C. The MDMR Authority will maintain the following records provided by the permittee while the aquaculture operation continues:

1. Construction and remodeling plans for any permitted aquaculture facility

2. Aquaculture operational plans

3. Aquaculture permits

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-27, 49-15-29, 49-15-303, 49-15-304; NSSP

Chapter 09 MOLLUSCAN SHELLFISH DEALERS, PROCESSORS AND FACILITIES

22 Miss. Admin. Code Pt. 1, R. 9.1 License and Certification

A. It is unlawful for any person, firm, or corporation to engage in handling, shucking, packaging, repackaging, or shipping molluscan shellfish without a license and certification from the MDMR Authority.

B. The license and certification must be renewed annually.

C. This rule does not apply to:

1. A retailer removing oysters individually from the packaging for display and/or resale to the end user.

2. A restaurant or similar establishment, which may shuck and serve raw molluscan shellfish at a half-shell bar, under sanitary conditions, for consumption on the premises.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance § X-.04

22 Miss. Admin. Code Pt. 1, R. 9.2 Rule 9.2

All certified molluscan shellfish seafood facilities must follow the provisions described in the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance § II-I, II- VI, II-VII, III-I, IV-III

22 Miss. Admin. Code Pt. 1, R. 9.3 Rule 9.3

Any person, firm, or corporation intending to alter an existing or construct a new molluscan shellfish handling, transporting, and/or processing facility must acquire a Mississippi Certified Shellfish Sanitation or Processing Plant license and certification from the MDMR Authority. The MDMR Authority must be contacted prior to handling or processing any molluscan shellfish in any fashion in any altered or new molluscan shellfish facility.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance § II-I, II- VI, II-VII, III-I, IV-III

22 Miss. Admin. Code Pt. 1, R. 9.4 Rule 9.4

Post-Harvest Processing of molluscan shellfish is permitted as described in the most current version of the NSSP Model Ordinance.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-I, II-VI, II-VII, III-I, III-XVI, IV-III, IV-IV

22 Miss. Admin. Code Pt. 1, R. 9.5 MDMR Responsibility

A. The MDMR will issue certifications and conduct routine inspections of molluscan shellfish facilities in accordance with the most current version of the NSSP Model Ordinance.

B. The MDMR will issue to certified dealers, itemized statements of compliances and non- compliances.

C. For the cited excessive non-compliances, the MDMR will provide the facility manager with a schedule of corrections to bring the facilities into compliance.

D. Certification will not be issued or renewed without compliance and will be considered revoked.

E. It is unlawful to operate a processing or shipping facility without a current valid license and certification.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-I

22 Miss. Admin. Code Pt. 1, R. 9.6 It is the duty and responsibility of each owner, manager, and operator of a certified molluscan shellfish facility:

A. To ensure that all regulations are strictly adhered to and that only safe, wholesome, unadulterated molluscan shellfish are offered for sale to the consuming public.

B. To ensure that the facility is properly supervised at all times and all molluscan shellfish can be identified to guarantee that they were harvested from approved and conditionally approved growing waters in the open status and that they have been handled and processed in a sanitary manner.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance § II-I, II- VI, II-VII, III-I, IV-III

22 Miss. Admin. Code Pt. 1, R. 9.7 Suspension of License and Certification

A. License and certification held by any person, firm or corporation will be suspended or revoked by the MDMR Authority:

1. If there is reason to believe that a public health hazard exists.

2. If the holder violates any of the requirements of this regulation.

3. If the holder interferes with a representative of the MDMR in the performance of duties.

B. The MDMR Authority will serve the holder a written notice of intent to suspend the license and certification.

1. The notice will specify the violation(s) and afford the holder reasonable opportunity to correct the violations as agreed to by the parties or in absence of agreement fixed by the MDMR before making any order of suspension effective.

2. A copy of the inspection sheet handed to the license and certification holder or their authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute a written notice to suspend the license and certification.

C. A suspension of license and certification will remain in effect until the violation has been corrected to the satisfaction of the MDMR Authority.

D. In a case where the molluscan shellfish involved create a health hazard or whenever adulterated or misbranded molluscan shellfish and/or molluscan shellfish products are found, or in any case of willful refusal to permit an inspection, the MDMR Authority may issue a cease-and-desist order, effective immediately, to suspend all molluscan shellfish related activities. This order will remain in effect until such time as proper corrective actions have been taken and the order is officially lifted.

E. Upon request for reapplication, from any person whose license and certification has been suspended, the MDMR Authority shall make such inspection(s) and/or collect samples as deemed necessary to determine compliance with the requirement of this regulation.

F. Upon repeated violations, the MDMR Authority will revoke a license and certification following reasonable notice to the license and certification holder and an opportunity for a hearing.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-I

Chapter 10 MOLLUSCAN SHELLFISH LEASES

22 Miss. Admin. Code Pt. 1, R. 10.1 All Molluscan Shellfish Leases must adhere to the following boundary markings:

A. Appropriate poles, stakes, or buoys, constructed of such material as will not be injurious to watercraft, must mark all leases at the expense of the leaseholder.

B. Each leaseholder must mark corners of each lease with an appropriate marker and must maintain all markers. If the lease configuration does not have definitive corners, the boundaries must be marked in a manner that clearly identifies the lease area.

C. Each marker must list the lease number and marker position (i.e., southeast (SE) corner).

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-27, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-VIII, II-X

22 Miss. Admin. Code Pt. 1, R. 10.2 Off-bottom Molluscan Shellfish Leases

A. All off-bottom molluscan shellfish aquaculture harvesters must adhere to the rules and regulations outlined in the applicable Public Trust Tidelands Sublease, Commercial

Aquaculture Permit, this Part, and the most current version of the NSSP Model Ordinance.

B. Each off -bottom lessee must file a "Private Aids to Navigation" application with and receive permit approval from the U.S. Coast Guard, for the lease markers, and provide a copy of the permit approval to the MDMR Authority prior to final granting of the lease and placement of the markers.

History

• Source: MISS. CODE ANN. §§ 49-15-15; NSSP Model Ordinance § II-VIII Rule

22 Miss. Admin. Code Pt. 1, R. 10.3 On-Bottom Molluscan Shellfish Leases

A. Lease Application 1. Any person wanting to lease bottoms must complete an on-bottom shellfish lease application in writing and submit it to the MDMR Authority.

2. Applications will be available at the MDMR office and on it’s website.

3. An application fee of $50 must be rendered at the time of submission.

4. Applicants must be a resident of the State of Mississippi or if a firm or corporation, such firm or corporation shall be organized under the laws of the State of Mississippi, registered with the Secretary of State’s Office, and owned by a resident of the State of Mississippi.

5. The time and date of the receipt of each application will be noted on the application.

6. Each application must be accompanied by a plat showing the proposed lease area using decimal degrees coordinates, depicting the area to be leased and a description of cultch material and amount to be deployed.

7. The MDMR will issue a Public Notice that applications will be accepted and such applications will be prioritized based on qualifications established in MS Code 49-15- 27.

B. Lease Application Review

1. The MDMR Authority will review and evaluate each lease application based on the information provided in the application and determine the qualifications of each applicant.

2. Approval of lease applications will be based on the information provided in the response application. Applicants will be prioritized based upon the qualifications established in MS Code 49-15-27.

3. The MDMR Authority may request additional information from the applicant or conduct site visits as part of the application process.

4. Upon approval of the lease application, the applicant will be required to enter into a lease agreement with the MDMR, which will outline the terms and conditions of the lease, including rental rates, lease duration, and reporting requirements.

5. Lease holders must comply with all applicable federal, state, and local laws and regulations, including environmental and conservation requirements, throughout the term of the lease.

6. Applications will be reviewed by the MDMR staff for compliance with application guidelines and completeness.

7. In the event that applications are received for overlapping areas, the area will be assigned to the applicant with the highest priority based upon the qualifications established in MS Code 49-15-27. In the event that the areas applied for are the exact same area and the applicants are deemed to possess the exact same experience and financial stability, the MDMR will award that particular lease to the first applicant. The leases must be awarded to promote the maximum cultivation and propagation of molluscan shellfish.

C. Lease Conditions

1. Each Proposed lease area must be located in growing water classified as approved, conditionally approved, or restricted.

2. Leases must be for a term of fifteen (15) years, with the right of the lessee to renew the lease for an additional fifteen (15) years and continue to renew at fifteen -year (15) intervals, at the same ground rental rate so long as the lessee actively cultivates and gathers shellfish, complies with all provisions, and has all applicable permits and licenses.

3. If the lessee is prevented from gathering shellfish from the leased area by a storm, or other natural phenomenon, the lessee may renew the lease if the bottoms are actively worked by the lessee during the remaining term or renewal term of the lease.

4. All leases issued must be prorated from the date of lease to the following expiration of fifteen (15) years from the date of the lease.

5. All leases expire on December 31 of the expiration year.

6. Each lessee has the option to renew their lease provided they submit a written application with payment of annual or prorated rental for the subsequent lease period within thirty (30) days of the lease expiration date to the MDMR Business Office.

7. Each application for an on-bottom lease must be for a minimum of one (1) acre but must not exceed 2,500 acres.

8. The proposed lease area must have a continuous border.

9. No proposed lease areas will be approved that are within 50 yards of an existing lease area or lease area that is pending final approval, unless the same person holds both leases.

10. No areas designated as state-owned reefs, as defined in this Part will be leased for shellfish harvest by the MDMR.

11. Leases must be active and engaged in ensuring maximum cultivation and propagation of oysters on their lease throughout their term. The applicant must not begin any activities on the lease until they have obtained all applicable permits, including MDMR wetlands permits. Failure to obtain permits is evidence that the lease is not active.

D. Cultivation and Propagation Requirements

1. Lessee shall propagate no less than 50% of the total bottom area leased within the first five (5) years of the lease, with a minimum of 20% being propagated by Year two (2) of the lease agreement. A minimum of 10% per year shall be propagated for each year thereafter. This provision will not apply to Class III of the On-Bottom Property Classifications.

2. The minimum planting density shall be no less than 60 cubic yards of approved cultch per acre OR no less than 5 cubic yards of approved cultch material with a minimum of 75,000 oyster spat per cubic yard.

3. Must only culture species native to the Gulf of Mexico. Polyploid native species are prohibited. Imported shellfish seed to be used for grow-out in Mississippi waters must be descendants of broodstock who originated in the Gulf of Mexico. The hatchery where the aquaculture seed was produced must provide documentation of broodstock origin.

4. In instances of extreme environmental conditions designated by the Department that are not conducive to oyster recruitment or survival (i.e. hurricanes, freshwater intrusion, prolonged dissolved oxygen events, harmful algal blooms, federal fisheries disaster declarations) the cultivation requirements may be waved until favorable conditions resume.

5. MDMR staff will inspect cultch material and volume prior to deployment to ensure conditions of USACE Permit are adhered to.

E. Reporting

1. All on-bottom molluscan shellfish reef lessees must submit a report outlining all shellfish related activity pertaining to their lease to the MDMR Shellfish Bureau within thirty (30) days of activity.

2. All on-bottom molluscan shellfish reef lessees must submit an annual written summary with supporting documentation of lease activity, to include planting, harvesting and cultivation, to the MDMR Shellfish Bureau for the previous lease period no later than December 31 st of each year.

F. Termination and Waivers

1. The MDMR may conduct inspections, audits, and investigations of lease holders' compliance with lease terms, laws, and regulations.

2. Non-compliance with lease terms, laws, and regulations after an opportunity to remedy the non-compliance may result in termination of the lease and forfeits to the MDMR all the works, improvements, betterments, and oysters on the leased water bottom.

3. On the termination of any lease, the lessee must remove any poles, stakes, buoys, or other structures associated with the lease.

4. All lease agreements must contain provisions requiring the lessee to waive any and all claims for damages that may result from any freshwater diversion projects authorized by the State of Mississippi.

G. Subleases and Transfers

1. Subleasing is prohibited.

2. Lease transfers must first obtain prior written approval of the transfer by the MDMR Authority.

3. Transfers of portions of the lease are not permitted.

4. To obtain a transfer, the transferee must apply for the lease as if it were a new lease.

5. The lease transferee must be a resident of the State of Mississippi, or if a firm or corporation, such firm or corporation shall be organized under the laws of the State of Mississippi and owned by a resident of the State of Mississippi.

6. The new lease combined with other leases held by the lease transferee must not amount to more than 2,500 acres.

7. All terms and conditions, including term limitations, from the lease transfer to the transferee.

History

• Source: MISS. CODE ANN. §§ 49-15-3, 49-15-15, 49-15-27, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-VIII

Chapter 11 OTHER MOLLUSCAN SHELLFISH RELATED ACTIVITIES: CULTCH PLANTING, RELAYING, AND TRANSPLANTING

22 Miss. Admin. Code Pt. 1, R. 11.1 Depuration of shellstock is permitted as described in the most current version of the NSSP Model Ordinance

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II- XV, III-XV

22 Miss. Admin. Code Pt. 1, R. 11.2 Rule 11.2

Closed Cultch Plant Areas – It is unlawful for any person, firm, or corporation to place or cause to be placed any material or gear used in the catching or taking of saltwater fish, shrimp, crabs or shellfish, with the exception of crab traps or pots, or hook and line fishing or cast nets on any public reef area that has been planted with shells or other cultch material that has not been released or opened to harvest by the MDMR.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304

22 Miss. Admin. Code Pt. 1, R. 11.3 Relaying Molluscan Shellstock

A. Relaying Application

1. All persons, firms, or corporations other than the MDMR wanting to relay molluscan shellfish in the State of Mississippi must complete and submit an application for a relaying permit to the MDMR. Applications are available from the MDMR.

2. All applicants must:

i. Hold a valid lease for molluscan shellfish bedding grounds in the State of Mississippi.

ii. Have a valid Mississippi shellfish license.

3. Applications will be reviewed by the MDMR Authority for compliance with application guidelines and requested information.

4. When all application guidelines are met and requested information provided, the applicant’s intent to relay will be advertised once a week for two (2) consecutive weeks in a newspaper of general circulation in the county or counties closest to the intended activity.

5. Written public comment will be received by the MDMR for a period of fifteen (15) days from the first date of advertisement.

6. Applicants will be notified in writing of the MDMR actions.

B. When the MDMR approves the request to relay molluscan shellstock, a relaying permit will be issued which will give specific conditions permitted for relaying activities and reference all regulations.

C. The Permittee:

1. Must hold a valid lease of molluscan shellfish bedding grounds in the State of Mississippi.

2. Must fulfill all permit requirements as established by the MDMR Authority.

3. Is not permitted to relay shellstock from one restricted area to another restricted area.

D. The Permittee must not relay shellfish from the restricted area without the presence of an MDMR designated official.

E. The MDMR designated official must be present at all times relaying activities are in progress. This will include the time the shellfish are harvested from the restricted area to their deposition on private leased grounds, or to an onshore, molluscan depuration facility.

F. The permittee must pay, to the MDMR Business Office, an amount equal to the compensation regularly received by the MDMR Staff for the time such Staff actually spends performing the above described duties.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-37, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-V, III-V, IV-II

22 Miss. Admin. Code Pt. 1, R. 11.4 Harvesting Relayed Molluscan Shellstock

A. The Permittee is not permitted to harvest relayed shellfish without prior written permission from the MDMR Authority. The Permittee must complete and submit a request to harvest relayed shellstock and receive written permission from the MDMR Authority.

B. Harvesting of shellstock is permitted only during daylight hours and with the most efficient gear possible, consistent with conservation considerations, and in such a way not to damage the reef. This includes permission to use two (2) dredges per boat in restricted areas and on private leased grounds.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-V, III-V, IV-II

22 Miss. Admin. Code Pt. 1, R. 11.5 Interval Between Relaying and Harvesting Molluscan Shellstock

A. There must be a sufficient time interval to allow natural biological cleansing of the shellfish between the time the permittee is permitted to take the shellfish from the restricted area(s), and the time they are then allowed to harvest these shellfish or any

other shellfish from their leased area, during which time neither activity is allowed.

B. During this time interval, the permittee nor any other person or entity is allowed to harvest the relayed shellfish.

C. This period must be at least fourteen (14) consecutive days, except if the area relayed to fails to meet growing water management plan criteria during any of those 14 consecutive days.

D. If, during the 14 consecutive days, the area fails to meet the management plan as specified, harvesting will not be allowed until the area has once again met these conditions for 14 consecutive days, or until shorter periods of time are demonstrated to be adequate to permit natural biological cleansing to occur.

E. The period of time to allow natural biological cleansing must be deemed sufficient and adequate if the bacteriological quality of the shellfish after relaying are of the same quality as the same species already in the approved or conditionally approved relay area; or if shellfish tissue are sampled for verification, the results must be less than a fecal coliform MPN of 230 per 100 grams of meat, provided that no evidence exists that the shellfish prior to relaying contained substances that equal or exceed the action levels, tolerances, and other established levels for poisonous or deleterious substances in seafood.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-V, III-V, IV-II-.10

22 Miss. Admin. Code Pt. 1, R. 11.6 Protection from Contamination

A. All relayed shellfish must be protected from contamination sources such as, but not limited to, boat fuel, oil, bilge, dogs, cats, birds, and other animals, and from sunlight for extended periods of time.

B. All portions of boats and other equipment coming in contact with shellfish relayed from restricted areas to permitted approved or conditionally approved areas must be rinsed with waters from such approved or conditionally approved waters after each unloading and prior to leaving the permitted approved or conditionally approved area.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-V, III-V, IV-II

22 Miss. Admin. Code Pt. 1, R. 11.7 Relaying Records

A. The MDMR Shellfish Bureau and each permittee must maintain adequate relaying records.

B. Each record must note the quantity and type of shellfish relayed, dates of relaying, specific areas shellfish are relayed from and to, and any other required information.

C. Specific harvest areas should be described using differential GPS latitude and longitude

coordinates.

D. In the absence of differential GPS latitude and longitude readings, an accurate map will be supplied depicting the relay source site and the specific location within the permittees’ lease where the shellfish were relayed.

History

• Source: MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-V, III-V, IV-II

Part 2 RULES AND REGULATIONS FOR SHRIMPING IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

This Part provides for the regulation of the commercial and recreational shrimp fishery.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

The Mississippi Commission on Marine Resources (MCMR) has determined that shrimping regulations are necessary for the protection, conservation, and propagation of shrimp in the waters under the territorial jurisdiction of the State of Mississippi.

22 Miss. Admin. Code Pt. 2, R. 101 Rule 101

The MCMR has determined that such regulations are in the best interest of the State of Mississippi and the seafood industry to promote the protection, conservation, and propagation of shrimp in the waters under the territorial jurisdiction of the State of Mississippi.

22 Miss. Admin. Code Pt. 2, R. 102 Rule 102

The MCMR is authorized by § 49-15-15 of the Mississippi Code Ann. of 1972, as amended, to enact all regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

FOOTROPE shall mean leadline, footline, groundrope or that lower part of the trawl that the webbing is first attached, that also provides for the weighing down of the trawl by means of lead weights, chain or other means.

22 Miss. Admin. Code Pt. 2, R. 101 Rule 101

HEADROPE shall mean corkline, headline, floatline or that upper part of the trawl that the webbing is first attached, that also provides flotation by means of corks, floats or other means.

22 Miss. Admin. Code Pt. 2, R. 102 Rule 102

SALTBOX shall mean any container or similar device in which the salinity is greater than one hundred (100) parts per thousand and is used to aid in separating the shrimp from the bycatch.

22 Miss. Admin. Code Pt. 2, R. 103 Rule 103

BIB OR TONGUE shall mean an extension of the middle section of the upper part of the net with a triangular piece of webbing. The bib or tongue requires additional line(s), other

than the lines attached to the trawl boards, which run from the bridle or boat to the bib or tongue.

22 Miss. Admin. Code Pt. 2, R. 104 Rule 104

PUSH TRAWL shall mean a trawl that is spread by poles suspended in a "V" configuration from the bow of the trawler.

22 Miss. Admin. Code Pt. 2, R. 105 Rule 105

SKIMMER TRAWL shall mean a trawl that extends from the outrigger of a vessel with a cable and a lead weight holding the trawl mouth open.

22 Miss. Admin. Code Pt. 2, R. 106 Rule 106

WING NET (BUTTERFLY TRAWL) shall mean a trawl with a rigid frame holding open the trawl mouth rather than using trawl doors.

22 Miss. Admin. Code Pt. 2, R. 107 Rule 107

SIAMESE TRAWL shall mean a trawl that has two tongues one on the headrope and one on the footrope at or near the center of the net which requires additional line(s), other than the lines attached to the trawl boards, which run from the bridle, outrigger or boat to the tongues.

Chapter 04 Closure Areas

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

All waters north of a line beginning at a point one-half mile due South of the shoreline at the Mississippi-Alabama state boundary; thence running westerly following the meanderings of the shoreline one-half mile therefrom to Light "5" in the Bayou Casotte Channel; thence running northerly to Light "7" in the Bayou Casotte Channel; thence running westerly following the meanderings of the shoreline one-half mile therefrom to the intersection with the Pascagoula Channel; thence running northwesterly to Beacon "50" in the Pascagoula Channel; thence running southwesterly to Beacon "49" in the Pascagoula Channel; thence running in the most direct line to the northeast point of Singing River Island; thence running westerly along the north shoreline to the northwest point of Singing River Island; thence running northwesterly to a point one-half mile due south of the mouth of Graveline Bayou; thence running westerly following the meanderings of the shoreline one-half mile therefrom to Beacon "18" in the Biloxi Bay Channel; thence running northwesterly to Beacon "22" in the Biloxi Bay Channel; thence running northwesterly to Beacon "26" in the Biloxi Bay Channel; thence running westerly to Beacon "34", exclusive of the Biloxi Channel itself; thence running westerly to Beacon "30" in the Biloxi Channel, exclusive of the Biloxi Channel itself; and thence running due South to a point on the north shore of Deer Island; thence running westerly following the north shore of Deer Island to the westernmost tip; thence running westerly in the most direct line to Biloxi Beacon "8"; thence running westerly following the meandering of the shoreline at a distance of one-half mile therefrom to a point on the centerline of the CSX Railroad Bridge over St. Louis Bay; thence running westerly along the centerline of said bridge to a point one-half mile south of the western abutment; thence running southwesterly following the meanderings of the shoreline, at a distance of one-half mile therefrom, to a point one-half mile due East of the mouth of Bayou Caddy; thence running due West to the mouth of Bayou Caddy; thence running southwesterly following the meanderings of the shoreline to the southernmost point of the Mississippi shoreline on the east bank of the mouth of the Pearl River thence following the meanderings of the east bank of the Pearl River to a point where the east bank of the Pearl River intersects the centerline of the Highway 90 bridge; thence westerly along the centerline of the highway 90 bridge to a point that intersects the Mississippi/Louisiana State boundary, are

hereby declared to be protective and staging areas for young shrimp, and as such permanently closed to commercial and recreational shrimping activities. The redesignation of beacon numbers by the United States Coast Guard shall not alter the description of the boundary described in this section.

22 Miss. Admin. Code Pt. 2, R. 101 Rule 101

Shrimping season in waters under the territorial jurisdiction of the State of Mississippi north of the Intracoastal Waterway shall be closed in accordance with § 49-15-64.1 of the Mississippi Code Ann. of 1972, as amended, each year from January 1 until it is opened by the MCMR. For the purpose of this section only, the portion of the Intracoastal Waterway that extends from a point south of Long Beach to a point south of Point Clear is described as follows: Begin at Marianne Channel Lighted Buoy 1 (Fl G 2.5s) located approximately three (3) miles north of West Point on Cat Island, thence extending southwesterly to “LIGHT 4P” (Fl R 2.5s 17ft), thence southwesterly to “PASS MARIANNE WRECK LIGHT WR8A” (QR 17ft), thence southwesterly to “LIGHT 15P” (F G 4s 17ft) at the northernmost point of Merrill Coquille, thence southwesterly to “LIGHT 17P”(Fl G 4s 17ft), thence southwesterly to “ST JOSEPH ISLAND LIGHT 22” (Fl R 4s 17ft), thence westerly to Lighthouse Point and continuing westward following the meandering of the shoreline to the boundary line of the state.

22 Miss. Admin. Code Pt. 2, R. 102 Rule 102

Any person, licensed live bait dealers, licensed live bait shrimpers and licensed commercial shrimpers shall be allowed to take shrimp with cast nets or brille nets not exceeding twelve (12) feet (maximum radius or length) in the bays of Bay St. Louis, Biloxi and Pascagoula with a cast net or brille net, but shall not take more than fifty (50) pounds (heads-on) of shrimp per person per day. It shall be unlawful for any persons using said nets to remove the heads of the shrimp on site.

22 Miss. Admin. Code Pt. 2, R. 103 Rule 103

It shall be unlawful to recreationally trawl within the Gulf Islands National Seashore boundaries of Petit Bois, Horn and Ship islands.

Chapter 05 Gear Regulations

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

Except for a test or try trawl, it shall be unlawful for any boat or vessel to use more than two (2) trawls provided that when two (2) trawls are used such trawls shall not exceed a length of twenty-five (25) feet on the headrope and thirty-two (32) feet on the footrope for each trawl and the trawl doors shall not exceed eight (8) feet in length and forty three (43) inches in height when employed in the waters under the territorial jurisdiction of the State of Mississippi north of a line beginning at a point on the Louisiana-Mississippi border due south of the Intracoastal Waterway Grand Island Channel "LIGHT 1" (F1 G 4 Sec 17ft 3M), at the intersection of Grand Island Channel and Marianne Channel; thence running due north to said "LIGHT 1" thence northeasterly, along the Marianne Channel, through "Buoy 22", "LIGHT 18" (F1 R 4 Sec 17ft 3M), "Buoy 12", to "LIGHT 8" (F1 R 4 Sec 17ft 3M); thence northeasterly along, the most direct line, to "Light Buoy 7" (F1 G 6 Sec 4M); thence east- northeasterly, along the most direct line, to "CAT ISLAND WEST END CHANNEL LIGHT" (F1 W 4 Sec 30ft 5M), located approximately 2.2 miles due west of Cat Island; thence easterly, along the most direct line, to the westernmost point of Cat Island; thence running northeasterly, following the northern shore, to the northeastern-most point of Cat

Island; thence southeasterly, along the most direct line, to the westernmost point of West Ship Island; thence easterly, following the northern shore, to the easternmost point of West Ship Island; thence easterly along the most direct line, to the westernmost point of East Ship Island; thence easterly following the northern shore to the easternmost point of East Ship Island; thence easterly, along the most direct line, to the westernmost point of Horn Island, thence easterly, following the northern shore, to the easternmost point of Horn Island; thence easterly, along the most direct line, to the westernmost point of Petit Bois Island; thence easterly, following the northern shore, to the easternmost point of Petit Bois Island; thence due east to a point on the Mississippi-Alabama border. This regulation shall not apply to the waters under the territorial jurisdiction of the State of Mississippi south of the line described herein.

22 Miss. Admin. Code Pt. 2, R. 101 Rule 101

It shall be unlawful for any person, firm, or corporation to use any single trawl for the catching or taking of shrimp in the waters under the territorial jurisdiction of the State of Mississippi north of the line described in Chapter 5 of this Part with a measurement of more than fifty (50) feet along the headrope or more than sixty (60) feet along the footrope, continuous measurement. In addition to the aforesaid measurements, the wings of push-nets (trawls kept open by rigid supports or poles and pushed from behind) shall be secured to the rigid, supports or poles for a distance not to exceed twenty-four (24) feet on each side.

22 Miss. Admin. Code Pt. 2, R. 102 Rule 102

It shall be unlawful for any person, firm or corporation to use skimmer trawls, wing nets (butterfly nets), Siamese trawls or any like contrivance which is in excess of twenty-five (25) feet on the headrope and thirty-two (32) feet on the footrope for each trawl when employed in the waters under the territorial jurisdiction of the State of Mississippi.

22 Miss. Admin. Code Pt. 2, R. 103 Rule 103

It shall be unlawful for any person, firm or corporation to use any saltbox on board any vessel within the waters under the territorial jurisdiction of the State of Mississippi.

22 Miss. Admin. Code Pt. 2, R. 104 Rule 104

It shall be unlawful for any person, firm or corporation to use any test or try trawl for the catching or taking of shrimp in the waters under the territorial jurisdiction of the State of Mississippi north of the line described in Chapter 5 of this Part with a measurement of more than twelve (12) feet along the headrope or more than fifteen (15) feet along the footrope, or used with boards or doors more than thirty (30) inches in length.

22 Miss. Admin. Code Pt. 2, R. 105 Rule 105

It shall be unlawful for any person, firm or corporation to catch or take, attempt to catch or take, or to possess any shrimp taken from the waters under the territorial jurisdiction of the State of Mississippi that are closed to shrimping by order of the MCMR or by state statute, provided, however, that this chapter shall not apply to shrimp caught legally by properly licensed live bait boats in areas opened to live bait shrimping.

22 Miss. Admin. Code Pt. 2, R. 106 Rule 106

It shall be unlawful for any person, firm, or corporation to drag, or pull a trawl or try net under the water with the bag tied or untied in any area of the territorial waters of the State of Mississippi which are closed to shrimping.

Further, it shall be unlawful for any person, firm, or corporation to drag, or pull double or multiple rigs under the water with the bags tied or untied in any area of the territorial waters

of the State of Mississippi which are closed to the use of double rigs, or in waters which are closed to the use of that size, type or number of rigs.

Chapter 06 Determining Legal Shrimp Size

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

For enforcement purposes, in determining the legal size of shrimp, three (3) pounds of shrimp with the heads on shall be taken at random from the deck of each boat or vessel. Said three (3) pounds of shrimp shall be counted and the number of shrimp shall be divided by three (3). In the event the result totals more than sixty-eight (68), the entire catch shall be forfeited to the State of Mississippi and the operator of said boat or vessel shall be in violation of § 49-15-63 of the Mississippi Code Ann. of 1972, as amended.

Chapter 07 Penalties

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

Any person, firm, or corporation violating any of the provisions of this Part shall be guilty of a misdemeanor and upon conviction shall be penalized in accordance with § 49-15-63 of the Mississippi Code Ann. of 1972, as amended. Violations of more than one chapter or subsection of this Part, or parts thereof, shall be considered separate offenses and punished as such.

Chapter 08 Chapters and Subchapters Declared Separable

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 02 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 2, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such.

Chapter 09 Administrative Procedures Act

22 Miss. Admin. Code Pt. 2, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 2.016 has been modified and the MCMR and Mississippi Department of Marine Resources 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.

Part 3 REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS ON CERTAIN FISH SPECIES, PREVENT SALE OF SEAFOOD BY RECREATIONAL FISHERMEN, AND PROVIDE REGULATIONS FOR THE USE OF NETS, TRAPS, AND POTS FOR THE TAKING OF FINFISH

22 Miss. Admin. Code Pt. 3, R. 1.1 Rule 1.1

This part provides regulations regarding size limits, and bag limits on certain fish species, to prevent the sale of seafood by recreational fishermen and provide regulations for the use of nets, traps, and pots for the taking of finfish.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. CHAPTER 02 DEFINITIONS

22 Miss. Admin. Code Pt. 3, R. 2.1 Definitions A

BAG LIMIT - The total number of a particular species that a recreational fisherman can retain for a single day's catch.

B. CAST NET - Any cast net or brille net or any circular or conical weighted net designed to be thrown downward by hand and withdrawn by an attached line. C. CHARTER VESSEL - A vessel carrying a passenger for hire who is engaged in recreational fishing. D. COMMERCIAL EEL FISHING - A fishing activity using traps or pots where the sole purpose is to catch American eels (Anguilla rostrata). It shall be unlawful for any person, firm, or corporation to retain any fish or shellfish other than adult eels while engaged in commercial eel fishing. An adult eel shall be defined as an eel at least six (6) inches in length.

E. COMMERCIAL FISHERMEN - Anyone who sells, trades, barters or otherwise exchanges or offers to exchange any part of his catch for monetary or personal gain. F. ENTANGLEMENT – A method in which fish are primarily ensnared or entangled by the gills or other boney projections through interaction with gear.

G. ENTRAPMENT - A method in which fish are primarily surrounded and confined, not entangled by the gills or other boney projections, within a space through interaction with gear. H. FINAL DESTINATION - A place on the mainland or a barrier island, not including piers or jetties, where the fishermen finally lands his catch and does not further transport the fish by boat.

I. GIG – Any handheld shaft with one or more points which may or may not be barbed. J. GILL NET - any net, of one or more layers, not customarily used for shrimp or menhaden fishing, with a mesh of such size and design as to be used primarily to catch or entangle fish by the gills or other boney projections. K. HAUL SEINE – A net set vertically in the water column and pulled by hand or by power to capture fish by entrapment through encircling and confining fish within itself, the shore or bank as a result of mesh size and construction. Haul seines shall be constructed of a mesh size not to exceed fifteen sixteenths (15/16”) bar and one inch and seven eighths (1 7/8”) stretch and shall not be constructed of monofilament.

K. KING MACKEREL FISHING - a fishing activity where the sole purpose is to catch king mackerel (Scomberomorus cavalla). It shall be unlawful for any person, firm, or corporation, while engaged in any net fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than king mackerel while king mackerel fishing.

L. LANDED – When seafood is first brought to a point of land after being harvested and is no longer transported by boat or vessel. M. MULLET FISHING - A fishing activity where the sole purpose is to catch mullet (Mugil sp.). It shall be unlawful for any person, firm, or corporation, while engaged in any mullet fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than mullet.

N. PURSE SEINE - any net or device commonly known as a purse seine and/or ring net that can be pursed or closed by means of a drawstring or other device that can be drawn to close the bottom of the net, or the top of the net, or both. Such nets are constructed of mesh of such size and design as not to be used primarily to entangle commercial size fish by the gills or other boney projections.

O. RECREATIONAL FISHERMAN - Those individuals taking and/or catching seafood for recreation or personal consumption.

P. SEINE - Any net used to enclose or entrap fish either in a bag or where its ends are pulled together on a vessel or a shore and constructed with a mesh of such size and design as not to be used primarily to ensnare or entangle commercial size fish by the gills or other boney projections.

Q. SET POLE and LINE - A line attached to a pole, suspended over water, located along a shoreline. This gear does not include rods with an attached reel or cane poles actively attended on-site by a fisherman engaged in fishing from the adjacent shoreline. R. TOTAL ALLOWABLE CATCH – The total amount of fish allowed to be caught in a given year.

S. TRAMMEL NET - Any device composed of layers of netting material attached to one or more float lines or one or more weighted bottom lines, with the layers of netting being constructed of fine mesh and of larger mesh so that a fish attempting to pass through the device pushes the smaller mesh through the larger mesh creating a pocket or compartment in which the fish is entrapped, entangled, or restricted.

T. TROTLINE - A stationary anchored line with more than three (3) baited hooks.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 303, 49-15-304, 49-15-305, 49-15-307, 50 CFR 622.38. CHAPTER 03 COMMERCIAL CLOSURE AREA AND VESSEL DECAL Rule 3.1 It is unlawful to commercially take finfish from the marine waters north of the CSX bridges in the three (3) coastal counties of Mississippi, except for any euryhaline species of minnow in the Pascagoula River system.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 04 VESSEL DECAL REQUIREMENTS

22 Miss. Admin. Code Pt. 3, R. 4.1 Vessel Decal Requirements A

The seafood privilege tax license decal must be displayed on each vessel engaged in commercial fishing activities but will not be valid without the proper commercial harvester’s license. The decal must be displayed next to the state registration number or federal documentation number. B. The seafood privilege tax license decal must be displayed on each vessel engaged in charter fishing activities but will not be valid without the proper Mississippi charter license. The decal must be displayed next to the state registration number or federal documentation number.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

CHAPTER 05 FILET REGULATIONS Rule 5.1 Filet Regulations

A. It is unlawful for commercial or recreational fishermen to possess fish with heads, tails or flesh removed until delivered to the final destination; however, fish may be eviscerated, scaled or have gills removed.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. B. Any charter or recreational fishing boat fishing within or outside Mississippi territorial waters over twenty-four (24) hours before returning to land and filing a float plan with the Department of Marine Resources (MDMR) may possess filleted fish in Mississippi waters. Fishermen may not possess more than a single day’s bag limit for any species, except licensed charter vessels exercising the exemptions described in Chapter 6 of this Part. Said float plan must be received and filed with the MDMR prior to departure and during the regular operating hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, and a copy of which must be on board said vessel for the duration of the trip. Said float plan must be submitted on forms provided by the MDMR, signed by the applicant and official accepting the float plan; and must contain the following information:

1. Name of the applicant 2. Owner of the vessel 3. Name of the vessel captain 4. Official vessel registration number 5. Description of the vessel 6. Date, time and location of departure 7. Destination(s) 8. Anticipated date, time, and location of return

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-303, 49-15-304, 49-15-305, 49-15-307, 50 CFR 622.38. CHAPTER 06 CHARTER BOAT EXEMPTION FROM CERTAIN BAG LIMITS Rule 6.1 Charter Boat Exemption from Certain Bag Limits

A. Persons on a licensed charter boat or headboat may possess a two-day (2) bag limit only when complying with the following conditions and only for the species listed in A.06 of this chapter. 1. Charter boats must be less than one hundred (100) gross tons and meet Coast Guard requirements to carry six or fewer passengers.

2. Headboats must hold a valid certificate of inspection issued by the Coast Guard.

3. The charter boat or headboat must possess a reef fish permit if fishing for reef fish or in possession of reef fish in the EEZ.

4. The charter boat or headboat must have two (2) coast guard certified captains aboard (as required by Coast Guard regulations for trips over twelve (12) hours.

5. Each person aboard the charter boat or headboat must possess a certificate, issued in the name of the chartering company, stating the time and date the charter left the dock for trips in excess of twenty-four (24) hours.

6. King and Spanish Mackerel, snappers (Red, Vermillion, Lane, Gray, Mutton,Yellowtail, Schoolmaster, Cubera, Dog, Mahogany, Queen, Blackfin, Silk, and Wenchman), groupers (Misty, Snowy, Yellowedge, Warsaw, Speckled Hind, Red, Yellowfin, Black, Gag, Scamp, Yellowmouth, Rock Hind, and Red Hind), Hogfish, Gray Triggerfish, Lesser Amberjack, Banded Rudderfish, Almaco Jack, Goldface Tilefish, Anchor Tilefish, Tilefish, Blackline Tilefish, Blueline Tilefish, and Greater Amberjack.

7. Charter vessel captain and crew are prohibited from keeping a recreational bag limit of Red Snapper and Greater Amberjack. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. B. A licensed for-hire vessel may obtain a two-day bag limit endorsement from the MDMR for a fee of $100 per year. The endorsement allows the vessel to possess a two-day bag limit (whole or filleted) of Spotted Seatrout, Red Drum, and Southern Flounder under all of the following conditions:

8. The endorsement only applies while fishing in Mississippi territorial waters. 2. The trip must extend beyond 24 hours before returning to the mainland. 3. The harvest must comply with Mississippi’s current size limits, regardless of the place of harvest. 4. The harvest must comply with Mississippi daily catch limits. This endorsement does not authorize any person to take more than one daily Mississippi bag limit during one calendar day. 5. The vessel must obtain a float plan from the MDMR prior to each trip. 6. The vessel may possess the two-day limit only during its final return to the mainland. During the final return, fishing is prohibited. 7. The vessel’s captain and crew are prohibited from keeping a recreational bag limit of Spotted Seatrout, Red Drum, and Southern Flounder while exercising the endorsement. The presence of the captain and crew does not count towards the vessel’s daily possession limit for the species listed above. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-35, 49-15-63, 49-15-75, 49-15- 303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. C. The vessel operator must file a float plan with the MDMR during regular office hours prior to disembarking. A copy of the float plan must be on board the vessel for the duration of the trip. The float plan must be submitted on forms provided by the MDMR and must contain the following:

9. Name of the applicant. 2. Owner of the vessel. 3. Name of the vessel captain. 4. Official vessel registration number. 5. Description of the vessel. 6. Date, time, and location of departure. 7. Passenger manifest. 8. Destinations. 9. Anticipated date, time, and location of return. 10. Signatures of the applicant and the Department official receiving the plan. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. D. Charter vessel captain and crew are prohibited from keeping a recreational bag limit of Red Snapper, Greater Amberjack, and Spotted Seatrout.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. CHAPTER 07 RECREATIONAL BAG, POSSESSION AND SIZE Rule 7.1 Recreational Bag, Possession and Size Limits A. It is unlawful for a recreational fisherman to possess any fish in excess of a one (1) day bag limit of the following named species as prescribed: 1. Fifteen (15) Spotted Seatrout (Cynoscion nebulosus) 2. Three (3) Red Drum (Sciaenops ocellatus) 3. Two (2) Cobia (Rachycentron canadum) 4. Three (3) King Mackerel (Scomberomorus cavalla) 5. One (1) Greater Amberjack (Seriola dumerili) 6. Two (2) Red Snapper (Lutjanus campechanus) 7. Fifteen (15) Spanish mackerel (Scomberomorus maculatus) 8. Ten (10) flounder (Paralichthys sp.) 9. Five (5) Hogfish (Lachnolaimus maximus) 10. Three (3) Tripletail (Lobotes surinamensis) 11. Fifteen (15) Sheepshead (Archosargus probatocephalus) 12. Ten (10) in aggregate: i. Gray Snapper (Lutjanus griseus) ii. Mutton Snapper (Lutjanus analis) – may possess (5) within the (10) fish aggregate iii. Yellowtail Snapper (Ocyurus chrysurus) iv. Schoolmaster (Lutjanus apodus) v. Cubera (Lutjanus cyanopterus) vi. Dog (Lutjanus jocu)

vii. Mahogany (Lutjanus mahogany) viii. Queen (Etelis oculatus) ix. Blackfin (Lutjanus buccanella) x. Silk (Lutjanus vivamus) xi. Wenchman (Pristipomoides aquilonaris) 13. Four (4) in the grouper aggregate: i. Misty Grouper (Epinephelus mystacinus) ii. Snowy Grouper (Epinephelus niveatus) iii. Yellowedge Grouper (Epinephelus flavolimbatus) iv. Red Grouper (Epinephelus morio) v. Yellowfin Grouper (Mycteroperca venenosa) vi. Black Grouper (Mycteroperca bonaci) vii. Gag Grouper (Mycteroperca microlepis) – may possess two (2) within the four (4) fish grouper aggregate viii. Scamp (Mycteroperca phenax) ix. Yellowmouth (Mycteroperca interstitialis) x. Rock Hind (Epinephalus adscensionis) xi. Red Hind (Epinephalus guttatus) 14. One (1) per vessel within the four (4) fish grouper aggregate: i. Speckled Hind (Epinephelus drummondhayi) ii. Warsaw Grouper (Epinephelus nigritus) 15. Twenty (20) in reef fish aggregate: i. Gray Triggerfish (Balistes capriscus) – may possess one (1) within the twenty (20) reef fish aggregate ii. Vermillion Snapper (Rhomboplites aurorubens) – may possess ten (10) within the twenty (20) reef fish aggregate iii. Lane Snapper (Lutjanus synagris) iv. Almaco Jack (Seriola rivoliana) v. Goldface Tilefish (Caulolatilus chrysops) vi. Anchor Tilefish (Caulolatilus intermedius) vii. Tilefish (Lopholatilus chamaeleonticeps) viii. Blacklined Tilefish (Caulolatilus cyanops) ix. Bluelined Tilefish (Caulolatilus microps) 16. Five (5) in aggregate: i. Lesser Amberjack (Seriola fasciata) ii. Banded Rudderfish (Seriola zonata) 17. Three (3) - Yellowfin Tuna (Thunnus albacares) 18. It is unlawful for recreational fishermen to possess more than four (4) of the following shark species in aggregate per person per day (small coastal sharks): i. Atlantic Sharpnose (Rhizoprionodon terraenovae) ii. Finetooth (Carcharhinus isodon) iii.Blacknose (Carcharhinus acronotus) iv. Bonnethead (Sphyrna tiburo) 19. It is unlawful for recreational fishermen to possess more than one (1) of the following shark species per person per day and no more than three (3) of the following shark species in aggregate per vessel per day (large coastal and pelagic sharks):

i. Blacktip (Carcharhinus limbatus) ii. Spinner (Carcharhinus brevipinna) iii. Bull (Carcharhinus leucas) iv. Tiger (Galeocerdo cuvieri) v. Lemon (Negaprion brevirostris) vi. Nurse (Ginglymostoma cirratum) vii. Scalloped Hammerhead (Sphyrna lewini) viii. Great Hammerhead (Sphyrna mokarran) ix. Smooth Hammerhead (Sphyrna zygaena) x. Shortfin Mako (Isurus oxyrinchus) xi. Porbeagle (Lamna nasus) xii. Thresher (Alopias vulpinus) xiii. Blue (Prionace glauca) xiv. Oceanic Whitetip (Carcharhinus longimanus) 20. It is unlawful for recreational fishermen to possess any of the following species of sharks (protected Species of Sharks): i. Sand Tiger (Odontaspis taurus) ii. Bigeye Sand Tiger (Odontaspis noronhai) iii. Whale (Rhincodon typus) iv. Basking (Cetorhinus maximus) v. White (Carcharodon carcharias) vi. Dusky (Carcharhinus obscurus) vii. Bignose (Carcharhinus altimus) viii. Galapagos (Carcharhinus galapagensis) ix. Night (Carcharhinus signatus) x. Caribbean Reef (Carcharhinus perezi) xi. Narrowtooth (Carcharhinus brachyurus) xii. Caribbean Sharpnose (Rhizorionodon porosus) xiii. Smalltail (Carcharhinus porosus) xiv. Atlantic Angel (Squatina dumerili) xv. Longfin Mako (Isurus paucus) xvi. Bigeye Thresher (Alopias superciliousus) xvii. Sevengill (Heptranchias perlo) xviii. Sixgill (Hexanchus griseus) xix. Bigeye Sixgill (Hexanchus vitulus) xx. Sandbar (Carcharhinus plumbeus) xxi. Silky (Carcharhinus falciformis) 21. It is unlawful for recreational fishermen to possess more than one (1) Atlantic Tarpon (Megalops atlanticus) per vessel per day.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. B. The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. C. It is unlawful for recreational fishermen to possess any of the following named species of fish under the lengths prescribed:

1. Spotted Seatrout – fifteen (15) inches (total length). 2. Red Drum – eighteen (18) inches (total length). 3. Cobia – thirty-six (36) inches (fork length). 4. Greater Amberjack – thirty-four (34) inches (fork length). 5. Red Snapper – sixteen (16) inches (total length). 6. Mutton Snapper – eighteen (18) inches (total length). 7. Vermillion Snapper – ten (10) inches (total length). 8. Lane Snapper – eight (8) inches (total length). 9. Gray, Schoolmaster, Cubera, Dog, Mahogany, and Yellowtail Snapper –twelve (12) inches (total length). 10. Red and Yellowfin Grouper – twenty (20) inches (total length). 11. Gag and Black Grouper – twenty-four (24) inches (total length). 12. Scamp – sixteen (16) inches (total length). 13. Gray Triggerfish – fifteen (15) inches (fork length). 14. Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 15. King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 16. flounders (Paralicthys sp.) – twelve (12) inches (total length). 17. small coastal sharks – twenty-five (25) inches total length. 18. large coastal sharks – thirty-seven (37) inches total length. 19. Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 20. Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 21. Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 22. Blue Marlin (Makaira nigricans) – ninety-nine (99) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 23. White Marlin (Tetrapturus albidus) – sixty-six (66) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 24. Sailfish (Istiophorus platypterus) – sixty-three (63) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 25. Hogfish (Lachnolaimus maximus) – fourteen (14) inches (fork length) 26. Tripletail (Lobotes surinamensis) eighteen (18) inches total length 27. Sheepshead (Archosargus probatocephalus) fourteen (14) inches total length 28. Swordfish (Xiphias gladius) – forty-seven (47) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 29. Atlantic Tarpon (Megalops atlanticus) – seventy-five (75) inches fork length.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. D. However, recreational fishermen not fishing in Mississippi waters may transport and land fish that meet the minimum size and creel limits of the waters in which they were legally caught. Said recreational fishermen must possess a valid saltwater sportfishing license as may be required in the waters where the fish were caught. In the absence of minimum size or creel limits in another jurisdiction, Mississippi law will prevail. This rule does not apply to Red Snapper caught outside of Mississippi territorial waters. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. E. It is unlawful for recreational fishermen to possess more than one (1) Red Drum exceeding thirty (30) inches total length for a single day's catch.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. F. It is unlawful for any fisherman to remove an Atlantic Tarpon (Megalops atlanticus) over the length of forty (40) inches from the water unless the intent is to harvest within the limits defined in Sections 100 and 102 of this chapter.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. G. The recreational fishing season, bag limit, and size limit for Red Snapper shall be set by the Executive Director. The recreational opening order for Red Snapper shall include language establishing the size limit, bag limit, and season structure for the corresponding season. In the event that the size and bag limit is not listed in the opening order, the established limits listed above in Chapter 07 will apply. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 08 COMMERCIAL SIZE, POSSESSION AND CATCH LIMITS Rule 8.1 Commercial Size, Possession and Catch Limits

A. It is unlawful to barter, sell, offer for sale or transport for sale or possess for sale in or from the State of Mississippi the following named species of fish under the lengths prescribed: 1. Red Drum – eighteen (18) inches (total length). 2. Spotted Seatrout – fourteen (14) inches (total length). 3. flounders (Paralicthys sp.) – twelve (12) inches (total length). 4. Tripletail (Lobotes surinamensis) eighteen (18) inches total length.

5. Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 6. King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 7. Red Snapper – thirteen (13) inches (total length). 8. Vermillion Snapper – ten (10) inches (total length). 9. Lane Snapper – eight (8) inches (total length). 10. Mutton Snapper – eighteen (18) inches (total length) 11. Gray, Mahogany, Schoolmaster, Dog, Cubera, and Yellowtail Snapper – twelve (12) inches (total length). 12. Blackfin, Queen, Silk and Wenchman snapper – no minimum length. 13. Tilefish – no minimum length. 14. Red Grouper – eighteen (18) inches (total length). 15. Yellowfin Grouper – twenty (20) inches (total length). 16. Black Grouper – twenty-four (24) inches (total length). 17. Gag Grouper – twenty-four (24) inches (total length). 18. Scamp – sixteen (16) inches (total length). 19. Yellowmouth, Rock Hind, Red Hind Grouper – no minimum length. 20. Misty, Snowy Yellowedge, Warsaw, Speckled Hind Grouper – no minimum length. 21. Gray Triggerfish – fourteen (14) inches (fork length). 22. Hogfish (lachnolaimus maximus) – fourteen (14) inches (fork length). 23. Greater Amberjack – thirty-six (36) inches (fork length). 24. Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 25. Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 26. Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 27. Small Coastal Sharks – twenty-five (25) inches total length 28. Large Coastal Sharks – thirty-seven (37) inches total length MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. B. It is unlawful for commercial fishermen to possess any of the following species of sharks: 1. Sand Tiger (Odontaspis taurus) 2. Bigeye Sand Tiger (Odontaspis noronhai) 3. Whale (Rhincodon typus) 4. Basking (Cetorhinus maximus) 5. White (Carcharodon carcharias) 6. Dusky (Carcharhinus obscurus) 7. Bignose (Carcharhinus altimus) 8. Galapagos (Carcharhinus galapagensis) 9. Night (Carcharhinus signatus) 10. Caribbean Reef (Carcharhinus perezi)

6. Narrowtooth (Carcharhinus brachyurus) 12. Caribbean Sharpnose (Rhizorionodon porosus) 13. Smalltail (Carcharhinus porosus) 14. Atlantic Angel (Squatina dumerili) 15. Longfin Mako (Isurus paucus) 16. Bigeye Thresher (Alopias superciliousus) 17. Sevengill (Heptranchias perlo) 18. Sixgill (Hexanchus griseus) 19. Bigeye Sixgill (Hexanchus vitulus) 20. Sandbar (Carcharhinus plumbeus) sharks may only be possessed by fishermen possessing a research fishery permit issued by the National Marine Fisheries Service. 21. Silky (Carcharhinus falciformis)

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. C. It is unlawful for any commercial fishermen to possess any Cobia smaller than thirty-six (36) inches fork length or to possess more than a daily bag limit of two (2) Cobia per person. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. D. It is unlawful to sell, barter or trade any species of reef fish (identified in Chapter 08 Sections A7 through A24 without possessing the proper federal permits and/or licenses required by the NOAA Gulf of Mexico Reef Fish Fishery Management Plan and complying with any other conditions set forth by federal or state regulations for the management of the identified reef fish.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. E. It is unlawful to possess or harvest from Mississippi territorial waters, in excess of three thousand pounds (3,000) of King Mackerel, per vessel, per trip, per day (This is the Federal Limit for the Western Zone).

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. F. It is unlawful to sell or purchase the following species of billfish without the proper federal documentation: Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus), and Sailfish (Istiophorus platypterus). MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

G. The commercial fishing season for menhaden is from the third Monday in April through the first day of November of each year. It is unlawful to harvest menhaden, for the purposes of reduction, within one mile of the mainland shoreline of Harrison, Hancock, and Jackson County.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. H. The annual Total Allowable Catch (TAC) for commercial landings of flounder (Paralicthys sp.) will be set at seventy-four thousand (74,000) pounds. The commercial fishing season for landing flounder will commence on January 1 and end on December 31 each year.

I. The annual Total Allowable Catch (TAC) for commercial landings of Red Drum (Sciaenops ocellatus) will be set at sixty thousand (60,000) pounds. The commercial fishing season for landing Red Drum will commence on January 1 st and end on December 31 st of each year. The commercial TAC for the fishing season is divided into three four month periods as follows: 1. January 1 st – April 30 th twenty thousand pounds (20,000); 2. May 1 st – August 31 st twenty thousand pounds (20,000); 3. September 1 st – December 31 st twenty thousand pounds (20,000). In the event the commercial TAC is not met or exceeded in any time period, the pounds will be added or subtracted to the following time period. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. J. The annual Total Allowable Catch (TAC) for commercial landings of Spotted Seatrout (Cynoscion nebulosus) will be set at fifty thousand (50,000) pounds. The commercial fishing season for landing Spotted Seatrout shall commence on January 1 st and end December 31 st each year. The commercial TAC for the fishing season is divided into two periods as follows: January

st – June 30th twenty-five thousand pounds (25,000); July 1 st – December 31 st twenty-five thousand pounds (25,000). In the event the commercial TAC is not met or exceeded in the first time period January 1 st – June 30 th ) the pounds will be added or subtracted to the second time period (July 1 st – December 31 st ). MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. K. Individuals commercially harvesting Spotted Seatrout (Cynoscion nebulosus) must possess a Spotted Seatrout endorsement ($10.00) in addition to a current applicable harvester’s license. To qualify for this endorsement an application must be completed. A Trip Ticket officer will validate, through the Trip Ticket system, that the applicant sold at least one thousand ($1,000) dollars of finfish or five thousand ($5,000) dollars of seafood product in the previous or current calendar year. The endorsement will be valid from January 1 st – December 31 st each year. In the event of a hardship approved by the Executive Director, the department may consider the applicants qualification based on sales one year prior to the onset of the approved hardship. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

L. The following provisions are provided to address safety concerns and allow fishermen to have another individual on board in case of an emergency:

1. For commercial hook and line fishermen, a. if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement; however, that fisherman is required to possess an applicable commercial harvester’s license. b. If two or more commercial hook and line fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement. 2. For net fishermen, the vessel must possess a valid fishing boat license and a. if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement. b. If two or more net fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. M. It is unlawful for any commercial fisherman to possess a daily bag limit of more than three (3) Tripletail per person. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. N. If any person, firm, or corporation, barters, sells, offers to sell or transports for sale or possesses for sale in the State of Mississippi any species of fish under the lengths or for which the fishing season is closed as prescribed in Title 22 Part 3 said person, firm or corporation shall possess valid documentation from the state or country of origin evidencing that the fish were legally harvested.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. O. Any individual or vessel commercially harvesting small coastal or large coastal sharks in Mississippi’s territorial waters must possess a MDMR shark endorsement (10.00) in addition to a current applicable harvester license. In addition, all individuals applying for a shark endorsement must be a Mississippi resident and present documentation of the successful completion of a MDMR approved shark identification exam and protected species safe handling workshop. The open season in Mississippi territorial waters for the commercial harvest of sharks shall run concurrent with federal shark seasons for the Western Gulf of Mexico Sub-Region.

1. The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful. All sharks commercially harvested in Mississippi state territorial water must be landed in whole form with fins naturally attached by at least some portion of uncut skin. Sharks may be gutted prior to landing. 2. It is unlawful for any commercial fisherman to possess a daily bag limit of more than twenty-five (25) small and large coastal sharks in aggregate per vessel per day. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38.

P. It is unlawful to barter, sell, offer for sale, transport for sale, or possess for sale Atlantic Tarpon (Megalops atlanticus). MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. Q. It is unlawful for any commercial fishermen to possess any Atlantic Tarpon smaller than seventy-five (75) inches fork length or to possess more than a daily bag limit of one (1) Atlantic Tarpon per vessel.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38. R. Licensed commercial shrimp fishermen may keep in whole for personal consumption only, the following fish which are caught in shrimp nets or trawls of the vessel: White Trout, Atlantic Croaker, Black Drum, and Ground Mullet (Family Sciaenidae); Sheepshead (Family Sparidae); Gafftopsail Catfish (Family Ariidae); and flounders in the families Pleuronectidae and Bothidae. The cumulative total weight of fish shall not exceed twenty-five (25) pounds. These exemptions for personal consumption do not apply to fish that are otherwise illegal to possess. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. S. It is unlawful for commercial fishermen to possess more than one (1) Red Drum exceeding thirty (30) inches total length for a single day's catch.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. T. It is unlawful to sell, offer for sale, barter, trade, or purchase cobia landed in Mississippi. Cobia and any species of finfish that have an established annual quota and are landed legally elsewhere and/or transported into or within Mississippi for sale, must be accompanied by an affidavit or certificate from the regulating agency of the point of origin stating that the fish were legally landed or accompanied by a Bill of Lading if imported from a foreign country. Cobia and

any species of finfish that have an established annual quota and are raised on permitted aquaculture facilities must be accompanied by a Bill of Lading with the permit number attached and may be sold below the prescribed minimum lengths. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 09 UNLAWFUL TO SELL OR BUY RECREATIONALLY CAUGHT FISH

22 Miss. Admin. Code Pt. 3, R. 9.1 Unlawful to Sell or Buy Recreationally Caught Fish A

It is unlawful for recreational fishermen to sell or offer for sale any seafood caught in or landed in the State of Mississippi and only licensed commercial fishermen may catch and sell seafood. Furthermore, it is unlawful for any person, firm or corporation to purchase, buy, barter for, or trade for any seafood caught in or landed in the State of Mississippi that was caught or landed by a recreational fisherman, or that was transported into the State of Mississippi by a recreational fisherman.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. B. It is unlawful to transport or deliver any recreationally caught finfish into a building or structure used by any commercial business or establishment that buys, sells and/or processes finfish. Furthermore, it is unlawful for any commercial business or establishment that buys, sells and/or processes finfish to receive or possess recreationally caught finfish.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. C. The MDMR may provide allowance for the purpose of possessing recreationally caught mullet (Mugil sp.) in a building or structure used by any commercial business or establishment that buys, sells or processes seafood, to those nonprofit organizations that are tax exempt under Section 501 (c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. A copy of this permit must be possessed by the commercial business or establishment.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 10 BLUEFIN TUNA POSSESSION RESTRICTIONS Rule 10.1 It is unlawful to take, catch, or have in possession any Atlantic Bluefin Tuna in the waters of the State of Mississippi except for incidental catches by recreational fishermen.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 3, R. 10.2 Rule 10.2

It is unlawful for landings of incidental catches of Atlantic Bluefin Tuna by recreational fishermen to exceed one (1) fish per boat per week, and landings must be reported to the Mississippi Department of Marine Resources.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 11 FISH UNLAWFUL TO POSSESS Rule 11.1 It is to take, catch, or have in possession any Goliath Grouper (Epinephelus itajara), Nassau Grouper (Epinephelus striatus), Longbill Spearfish (Tetrapturus pfluegeri), Smalltooth Sawfish (Pristis pectinata), or Largetooth Sawfish (Pristis perotteti) in the waters of the State of Mississippi.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 12 TROTLINE REGULATIONS Rule 12.1 Anyone trotline fishing south of Interstate 10 must be registered annually with the MDMR and be issued a tag with a unique number that is to be attached to both ends of the trot line so that it is readable by MDMR personnel. If name and number is not attached to both ends and readable by MDMR personnel and tending the bottom, the line will be deemed illegal and may be confiscated by MDMR personnel.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15- 63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 13 SET POLE AND LINE REGULATIONS Rule 13.1 Anyone set pole and line fishing must be on-site and attending their gear from a distance not to exceed fifty (50) feet and be available to move gear to allow for safe navigation.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307. Rule 13.2 Illegal to use a set pole and line with more than one (1) hook.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307. Rule 13.3 Illegal for any individual to use more than ten (10) set poles and lines in any marine waters south of Interstate 10.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307.

CHAPTER 14 GEAR RESTRICTIONS IN REEF AREAS

22 Miss. Admin. Code Pt. 3, R. 14.1 Rule 14.1

In the permitted reef areas bounded by the below coordinates it is illegal to fish with more than three (3) hooks per line or to use spear fishing gear equipped with power heads. 1. FH 4 - 3010.600/-8854.100,3010.245/-8854.100, 3010.600/-8853.600, 3010.395/- 8853.600 2. FH 8 3016.100/-8857.600,3015.900/-8857.600, 3016.100/8857.800,3015.900/8857.800 3. FH 9/11 – 3016.000/-8853.600, 3015.300/-8853.600, 3016.000/- 8854.300, 3015.300/- 8854.300 4. FH 10 - 3016.00/-8838.900,3015.860/-8838.900, 3016.000/-8839.000, 3015.860/- 8839.000 5. FH 14 - 3012.440/-8849.499, 3012.200/-8849.499, 3012.440/-8849.720, 3012.200/- 8849.720 6. Cat Island Reef - 3012.282/-8904.899, 3012.053/-8905.068, 3012.152/-8904.631, 3011.929/-8904.790

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307. CHAPTER 15 COMMERCIAL ENTRAPMENT NET CLOSURE AREAS AND GEAR SIZE RESTRICTIONS Rule 15.1 Commercial Entrapment Net Closure Areas and Gear Size Restrictions A. It is unlawful to catch, take, or carry away any saltwater fish by or with any purse seines, seines, haul seines, fish traps, or any other like contrivances, in the territorial waters of the State of Mississippi within twelve hundred feet (1200) of any public pier or any pier owned and operated by hotels or motels for the use of their patrons and guests for swimming and fishing or any harbor or within twelve hundred (1200) feet of the shoreline of Deer Island. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

B. It is unlawful to catch, take or carry away any saltwater fish by or with any purse seines, seines, haul seines, fish traps, and other like contrivances in the following areas of the State of Mississippi: 1. Within any river, bayou, creek, canal, stream, tributary, lake, bay, or inlet, or other water source entering into areas defined as salt waters under the jurisdiction of the MCMR, except Pt. aux Chenes Bay, Middle Bay, Jose Bay, L'Isle Chaude, Heron Bay, Pascagoula Bay, south of a line beginning at a point on the shoreline at the southern

terminus of range lines R7W and R6W near Camp Lamotte; thence southeasterly along the most direct line to the southernmost point of Twin Islands; thence easterly along the most direct line to the southern point of Rabbit Island; thence easterly along the most direct line to the beacon "Occ R 4 sec 100 ft" on the eastern side of Litton Shipbuilding; thence southeasterly following the shoreline to the southeasternmost point of Litton Shipbuilding; thence easterly along the most direct line to the southernmost point of land adjoining the entrance to Yazoo Lake) and South Rigolets and Biloxi Bay south of a line drawn between Marsh Point and Grand Bayou. These restrictions in subsection 101.01 shall not apply to mullet fishing in Pascagoula Bay south of the CSX Railroad bridge. 2. Within fifteen hundred (1500) feet from the shoreline between the U.S. Highway 90 bridge and the north shore of Bayou Caddy in Hancock County. 3. Within an area that would block the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet, channel, or other water source entering into areas defined as salt waters under the jurisdiction of the MDMR. Areas defined as salt waters under the jurisdiction of the MDMR are specified by Mississippi Commission on Wildlife, Fisheries and Parks Public Notice Number 2276 in accordance with § 49-15-23 of the Mississippi Code Ann. of 1972, as amended. 4. Within an area formed by a line running one (1) mile from the shoreline of Cat, Ship, Horn, Petit Bois, and Round Island, or from the shoals of Telegraph Keys and Telegraph Reef (Merrill Coquille)., during the period from May 15 to September 15 of each year. 5. Within three hundred (300) feet of any private piers which extend seventy-five (75) feet or more from the shoreline 6. All aforementioned piers must be in usable condition with boards spaced in such a way that persons can walk the entire distance of the pier. 7. It is unlawful for any person, firm, or corporation other than licensed menhaden vessels engaged in menhaden fishing, to use or have in possession purse seine(s) in excess of fifteen hundred (1500) feet in length. Said nets must be of a mesh size of one- half (½) inch square, one (1) inch stretch or larger. 8. It is unlawful to leave a purse seine, seine, haul seine, or any other net like contrivance governed by the restrictions set forth in this Part unattended in the waters of this state. It shall further be unlawful for any person, firm, or corporation to use or have in their possession a seine, haul seine, or like contrivance on the waters of this state without a visible buoy attached everyone hundred (100) feet clearly marked with the license number or owner's full name thereon.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

CHAPTER 16 ENTANGLEMENT NET RESTRICTIONS Rule 16.1 It is unlawful for a person to use a gill net, trammel net, entanglement, or like contrivance for the taking of finfish in marine waters within one-half (1/2) mile of the mainland shoreline. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. Rule 16.2 No gill and trammel nets are allowed to be set or otherwise used for the taking of aquatic life during the time between legal sunset to legal sunrise. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. Rule 16.3 It is unlawful to possess fish in, or be in contact with, any gill or trammel net in a boat in the marine waters of Mississippi in the St. Louis Bay north of the CSX Railroad Bridge; in Biloxi Bay north of a line drawn between Marsh Point and Grand Bayou; in Pascagoula Bay north of the CSX Railroad bridge. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 3, R. 16.4 It is unlawful to set a gill or trammel net within one-quarter (1/4) nautical mile of another gill or trammel net

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 3, R. 16.5 Rule 16.5

Within an area formed by a line running one (1) mile from the shoreline of Cat, Ship, Horn, Petit Bois, and Round Island, or from the shoals of Telegraph Keys and Telegraph Reef (Merrill Coquille)., during the period from May 15 to September 15 of each year. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 3, R. 16.6 Gill and trammel nets must be attended at all times from a distance not to exceed the length of the boat in use

It is unlawful for any person, firm, or corporation to use or have in their possession a gill net, trammel net, or like contrivance on the waters of this state without a visible buoy attached every one hundred (100) feet clearly marked with the license number or owner's full name thereon. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. Rule16.7 All gill and trammel nets must be constructed of an approved degradable material. The only approved material for gill and trammel nets is cotton or linen. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

CHAPTER 17 FISH TRAP REGULATIONS Rule 17.1 It is unlawful on the waters of this state to use or have possession of any fish traps, fish pots, eel traps, eel pots, or like contrivances that are not clearly marked with the owner's full name, permit, or license number. It is unlawful to fail to check and empty each trap, pot, or like contrivance at least once every forty-eight (48) hours. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 3, R. 17.2 Rule 17.2

It shall further be unlawful for any person, firm or corporation to place or cause to be placed any trap in any navigable waterway such that it creates a hazard or nuisance to navigation. MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-303, 49- 15-304, 49-15-305 and 49-15-307.

CHAPTER 18 EXCEPTIONS TO NET REGULATIONS Rule 18.1 The restrictions outlined in this Part do not apply to brill nets, cast nets, drop nets for crabs, small mesh beach seines not exceeding one-hundred (100) feet in length, and having a mesh size not to exceed ¼-inch bar-1/2 inch stretch, trawls, for the catching of shrimp, or purse seines for the catching of menhaden.

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-63, 49-15-78, 49-15- 79, 49-15-83, 49-15-94, 49-15-95, 49-15-100, 49-15-100.1, 49-15-100.3, 49-15-303, 49-15-304, 49-15-305 and 49-15-307. CHAPTER 19 PENALTIES Rule 19.1 Any person, firm, or corporation violating any of the provisions of this Part shall be

guilty of a misdemeanor and upon conviction shall be penalized in accordance with § 49-15-63 of the Mississippi Code Ann. of 1972, as amended. Violations of more than one chapter or subsection of this Part, or parts thereof, shall be considered separate offenses and punished as such.

MISS. CODE ANN. §§ 49-15-15, 49-15-63, 49-15-64.1, 49-15-303, 49-15-304, and 49-15-307. CHAPTER 20 CHAPTERS AND SUBCHAPTERS DECLARED SEPERABLE Rule 20.1 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 07 shall remain in full force and effect.

MISS. CODE ANN. §§ 49-15-15, 49-15-63, 49-15-64.1, 49-15-303, 49-15-304, and 49-15-307. Rule 20.2 Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such. MISS. CODE ANN. §§ 49-15-15, 49-15-63, 49-15-64.1, 49-15-303, 49-15-304, and 49-15-307.

Part 4 RULES AND REGULATIONS FOR THE TAKING OF CRABS IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 4, R. 1.1 Rule 1.1

This part provides for the regulations of the commercial and recreational taking of saltwater crabs and the minimum requirements necessary to regulate the processing of saltwater crabs in Mississippi waters.

MISS CODE ANN. §§ 49-15-1, 49-15-11, 49-15-15, 49-15-84

CHAPTER 02 JUSTIFICATION AND AUTHORITY

22 Miss. Admin. Code Pt. 4, R. 2.1 A license is required for the catching or taking of crabs for commercial or recreational purposes

MISS. CODE ANN. §§49-15-15, 49-15-69, 49-15-86

22 Miss. Admin. Code Pt. 4, R. 2.2 Rule 2.2

Licensed vessels fishing for crabs with crab traps or crab pots, must ensure that the traps or pots are identifiable to enforcement personnel.

MISS. CODE ANN. §49-15-15, 49-15-84

CHAPTER 03 DEFINITIONS

22 Miss. Admin. Code Pt. 4, R. 3.1 Definitions

A. ADULTERATED – Any saltwater crab product that is prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

B. BACKING – The act of removing a crab’s carapace and internal organs.

C. BUSTER CRAB – A blue crab currently undergoing a molt.

D. CERTIFICATION or CERTIFY – the issuance of a numbered certificate to a person, firm, or corporation that indicates permission from the authority to process crabs.

E. CERTIFICATION NUMBER – a unique combination of letters and numbers, as assigned by the Mississippi Department of Marine Resources (MDMR), to each processor for each location. Each certification number shall consist of a three-digit Arabic number preceded by the two-letter state abbreviation (MS) and followed by the two-letter abbreviation for the activity of crab processing (CP).

F. CERTIFIED CRAB PLANT – a person, firm, or corporation that has a building or facility/unit, used for processing saltwater crabs and possesses a valid seafood processor’s license and certification number.

G. COMPLIANCE SCHEDULE – a written schedule that provides a correction date to eliminate the deficiencies noted during inspections.

H. CRAB TRAP - Any rigid-frame trap or pot constructed of wire mesh or webbing and having entrance funnels designed to entrap blue crabs.

I. CRITICAL DEFICIENCY (“C”) – a condition or practice that results in the production of a product that is unwholesome or presents a threat to the health or safety of the consumer.

J. CROSS CONNECTION – an unprotected actual or potential connection between a potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe and potable.

K. EASILY CLEANABLE – a surface which is readily accessible and is made of such materials, has a finish, and is so fabricated that normal cleaning methods will effectively remove residues.

L. FINISHED PRODUCT CONTAINER – any receptacle used for containing processed saltwater crabs.

M. FOOD CONTACT SURFACE – those surfaces that contact human food and those surfaces from which drainage onto the food onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food contact surfaces of equipment.

N. HOLDING – The act of temporarily storing saltwater crabs by a wholesale dealer for the purpose of resale.

O. KEY DEFICIENCY (“K”) – a condition or practice that could potentially result in adulterated, decomposed, misbranded or unsanitary product.

P. LABEL – any written, printed or graphic matter affixed to or appearing upon any finished product container.

Q. MISBRANDED – products shall be deemed misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance with this Part.

R. OTHER DEFICIENCY (“O”) – a condition or practice which is not defined as critical or key and is not in accordance with the requirements of this Part.

S. PEELER CRAB – A pre-molt stage blue crab having a new soft shell fully developed

under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.

T. PEST – Any objectionable animals or insects including, but not limited to birds, rodents, flies, and larvae.

U. PROCESSING – The act of preparing, changing into different market forms, manufacturing, preserving, picking, chilling, backing, packaging, labeling finished product containers, and storage of processed saltwater crabs.

V. PROCESSOR – any person, firm, or corporation engaged in commercial, custom, or institutional processing of saltwater crabs.

W. SALTWATER CRAB – shall mean all species of saltwater crabs that are commercially processed.

X. SALTWATER CRAB PRODUCTS – the edible meat of a processed saltwater crab distributed for consumption.

Y. SANITIZE – to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, substantially reducing the numbers of other undesirable microorganisms, and not adversely affecting the product or its safety for the consumer.

Z. SOFT-SHELL CRAB – A post-molt stage crab which has recently shed its hard shell.

AA. SWING DEFICIENCY (“S O/K” or “S K/C” ) – a deficiency noted on the inspection form which, depending upon the severity and circumstances, can be a “Critical, Key, or Other” deficiency.

BB. WHOLESALE DEALER – Any person, firm or corporation who buys saltwater crabs from multiple harvesters for the purpose of resale.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-87. 9 CFR 531.1

CHAPTER 04 POSSESSION

22 Miss. Admin. Code Pt. 4, R. 4.1 Rule 4.1

It is unlawful to possess undersized hard crabs as defined in §49-15-89 or to possess female sponge crabs as prohibited in §49-15-84.

MISS. CODE ANN. §§49-15-84, 49-15-89

22 Miss. Admin. Code Pt. 4, R. 4.2 Rule 4.2

Any person, firm or corporation harvesting or possessing, soft shell, peeler or buster crabs which are under the five (5) inch minimum size requirement, must after removing the crabs from the traps or pots place them into a separate container. Undersize peeler or buster crabs are allowed in a single cull box (not to exceed 32” long by 19” wide by 12” high).

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-84, 49-15-87, 49-15-89

CHAPTER 05 AREA CLOSURES

22 Miss. Admin. Code Pt. 4, R. 5.1 Rule 5.1

It is unlawful to commercially take crabs from the marine waters north of the CSX Bridge in the three coastal counties of Mississippi.

MISS. CODE ANN. §§49-15-15, 49-15-23, 49-15-315

22 Miss. Admin. Code Pt. 4, R. 5.2 Rule 5.2

It is unlawful to place or cause to be placed any crab traps or pots north of the Interstate 10 (I-10) Highway in the three (3) coastal counties.

MISS. CODE ANN. §§49-15-15, 49-15-23, 49-15-315

CHAPTER 06 INCIDENTAL CATCH

22 Miss. Admin. Code Pt. 4, R. 6.1 Rule 6.1

Any person, firm, or corporation, or any person in command of or control of any boat with a commercial shrimping license, fish net license or oyster license must also possess a commercial crab license to retain crabs for commercial purposes. This does not apply to crabs retained for personal consumption as allowed in statute.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-46, 49-15-84, 49-15-86, 49-15-89, 49-15-96

CHAPTER 07 GEAR REGULATIONS

22 Miss. Admin. Code Pt. 4, R. 7.1 Rule 7.1

All crab traps placed in or on the marine waters of the State of Mississippi must utilize the following materials to permanently mark the crab trap for ownership:

A. corrosion resistant metal or plastic tag must be attached to the trap. a. The tag must be legibly and permanently stamped with letters containing the applicable licensed crab fishermen’s full name. b. The minimum height of the letters must be at least 3/16 of an inch. c. The tags must be supplied by the crab fisherman.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84

22 Miss. Admin. Code Pt. 4, R. 7.2 Rule 7.2

All crab traps or pots placed in the marine waters of the state of Mississippi must be marked with a float of at least: A. six (6) inches in height, B. six (6) inches in length, C. six (6) inches in width, and D. the float must have a highly visible color.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84 Rule 7.3 It is unlawful to fail to mark each crab trap float with the corresponding commercial or

recreational crab license number in such a manner to be clearly visible to an inspecting officer. However, licensed commercial crab fisherman may obtain a registered color code design from the Mississippi Department of Marine Resources (MDMR), Marine Patrol Office. Once obtained, this color code must be placed on each buoy or float and painted or affixed to each side of the vessel used to harvest crabs from said traps or pots.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84

22 Miss. Admin. Code Pt. 4, R. 7.4 Rule 7.4

Recreational crab fisherman must mark each trap or pot with the owner's name in such a manner to be clearly visible to an inspecting officer. In addition, all crab traps or pots fished from a boat or vessel must also be marked with that boat or vessel's registration identification.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84

22 Miss. Admin. Code Pt. 4, R. 7.5 Rule 7.5

All resident recreational crab fisherman utilizing traps or pots must possess a valid recreational crab trap license for a fee of five dollars ($5.00) unless otherwise exempted by statute. A. This license requirement shall only apply to individuals between the ages of sixteen (16) and sixty-five (65). B. Any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability or has been adjudged totally disabled by the Social Security Administration shall not be required to purchase or have in his possession a recreational crab license while engaged in such activities. a. Any resident exempt under this chapter shall have on his person while crab trap fishing proof of residency and age or disability.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-69, 49-15-86

22 Miss. Admin. Code Pt. 4, R. 7.6 Rule 7.6

All non-resident recreational crab fishermen utilizing traps or pots must possess a valid recreational crab trap license for a fee of not less than five dollars ($5.00) nor less than the non- resident’s state charges Mississippi residents to engage in the same activity, as provided for in statute.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-30, 49-15-69, 49-15-86.

22 Miss. Admin. Code Pt. 4, R. 7.7 The recreational crab license shall be valid in all Mississippi waters South of Interstate 10

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-315

22 Miss. Admin. Code Pt. 4, R. 7.8 Rule 7.8

It is unlawful for a recreational crab fisherman to fish in excess of six (6) crab traps or pots per registered boat or vessel.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-91

22 Miss. Admin. Code Pt. 4, R. 7.9 It is unlawful to place or cause to be placed any crab trap or pot in any marked channel

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84.1

22 Miss. Admin. Code Pt. 4, R. 7.10 Rule 7.10

It is unlawful to attach any buoy or float to any crab trap or pot with materials other than lines of nylon, hemp, cotton or woven synthetic materials which can easily be cut with a standard steel knife.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84, 49-15-84.1

22 Miss. Admin. Code Pt. 4, R. 7.11 Buoys shall be attached to crab traps by use of a weighted line or non-floating line

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84, 49-15-84.1

22 Miss. Admin. Code Pt. 4, R. 7.12 Rule 7.12

It is unlawful to place any crab trap or pot in any navigable waterway in such a manner that the trap line or float will interfere with normal boat traffic and create a navigational hazard or nuisance.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84.1

22 Miss. Admin. Code Pt. 4, R. 7.13 Rule 7.13

It is unlawful to remove crabs from crab traps or pots that are not specifically licensed or permitted to said person, firm or corporation.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-92

22 Miss. Admin. Code Pt. 4, R. 7.14 Rule 7.14

It is unlawful to remove crab traps from the water or remove crabs from crab traps from thirty (30) minutes after legal sunset until thirty (30) minutes before legal sunrise the following day. It is not unlawful to possess crab traps if the crab traps are captured unintentionally during legal trawling or dredging operations, and if said crab traps are immediately returned to the water.

MISS. CODE ANN. §49-15-11, 49-15-15

22 Miss. Admin. Code Pt. 4, R. 7.15 Rule 7.15

All crab traps placed in the marine waters of the State of Mississippi must be equipped with no less than two (2) escape rings positioned on the vertical outside walls of the trap, with at least one (1) ring located in each chamber. Escape rings must have a minimum of 2 and 3/8 inches inside diameter. A. From April 1 to June 30 and from September 1 to October 31, escape rings may be obstructed for the purposes of retaining peeler or buster crabs.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-84

CHAPTER 08 CAT ISLAND SANCTUARY CLOSURE

22 Miss. Admin. Code Pt. 4, R. 8.1 It is unlawful to harvest or attempt to harvest or possess any crabs between January 1

and March 31 of each year within the area bounded by the following line: A. beginning at a point on the Louisiana-Mississippi border due south of the "Intracoastal Waterway Grand Island Channel light 1" (30.178026, -89.303372), B. thence running due north to said "Light 1" (30.179862, -89.303372), C. thence running northeasterly along the "Intracoastal Waterway Marianne Channel" through "Buoy 22", "Light 18", "Buoy 12", to "Light 8" (30.190048, -89.288085), D. thence running northeasterly along the most direct line to "Lighted Buoy 7" (30.214984, - 89.245477), E. thence running northeasterly along the most direct line to "Lighted Buoy 4" (30.223545, - 89.231492), F. thence running northeasterly along the most direct line to the northeastern corner of the crab sanctuary to “Lighted Buoy 5” (30.237595, -89.208236), G. thence running southeasterly along the most direct line to "Cat Island West End Channel Light" (30.228679, -89.19686), H. thence running southwesterly along the most direct line to "Cat Island Channel Buoy E" (30.204731, -89.208826), I. thence running due south to a point on the Louisiana-Mississippi border (30.202153, - 89.208799), J. thence running westerly along the Louisiana-Mississippi border to the point due south of the "Intracoastal Waterway Grand Island Channel Light 1" (30.178026, -89.303372).

MISS. CODE ANN. §49-15-11, 49-15-15

CHAPTER 09 CLOSED SEASONS

22 Miss. Admin. Code Pt. 4, R. 9.1 The MDMR must publish the season closure dates and areas in a closing order to the general public

MISS. CODE ANN. §49-15-84.1

CHAPTER 10 CRAB HOLDING BY A WHOLESALE DEALER

22 Miss. Admin. Code Pt. 4, R. 10.1 Rule 10.1

Wholesale dealers must ensure that live crabs are stored in a cool place protected from contamination, in clean containers.

CHAPTER 11 CRAB PROCESSOR APPLICATION

22 Miss. Admin. Code Pt. 4, R. 11.1 Rule 11.1

The provisions of this Part apply to all persons, firms, or corporations engaged in the processing of saltwater crabs intended for human consumption.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 11.2 The provisions of this Part do not apply to: A

Seafood establishments dealing with seafood products other than saltwater crabs; B. Harvesting or transporting saltwater crabs or saltwater crab products without engaging in processing.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 12 PROCESSOR CERTIFICATION MDMR PROGRAM MANAGEMENT

22 Miss. Admin. Code Pt. 4, R. 12.1 The MDMR is authorized to manage saltwater crab plant certification program activities

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 12.2 Rule 12.2

The MDMR will conduct inspections of certified facilities in accordance with relevant seafood sanitation/health safety specifications. A. The MDMR will issue to certified crab plants written information of non-compliance with these specifications. B. For the cited excessive non-compliances, the MDMR shall provide the processor a reasonable schedule for correction to bring the facilities into compliance according to the current and relevant sanitation/health safety specifications stated herein.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 12.3 Rule 12.3

The MDMR Executive Director, the Director of Marine Fisheries or the Seafood Technology Bureau Director will declare that saltwater crabs or saltwater crab products be recalled when the MDMR determines that a recall is required to eliminate a public health risk to consumers. The recalled saltwater crabs or saltwater crab products will be properly disposed to prevent human consumption.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 13 PROCESSOR CERTIFICATION

22 Miss. Admin. Code Pt. 4, R. 13.1 General requirements: A

It is unlawful to process saltwater crabs prior to obtaining a seafood processor’s license and certification. B. Any person who applies to be a processor must provide the MDMR with the business address at which inspections of the facilities, activities, or equipment can be conducted. C. The Seafood Technology Bureau will certify all saltwater crab processors that comply with the terms of this Part for processing saltwater crabs or saltwater crab products. D. Certification will be issued based on a comprehensive onsite inspection by a seafood inspector of the MDMR, using the appropriate inspection form, within the 120-day period immediately prior to the issuance or renewal of the certification. E. All certifications will expire annually on the last day of a month selected by the MDMR. F. The MDMR shall issue only one certification number to a processor for a location. A processor may obtain more than one certification if each business is maintained as a separate entity and is not found in the same location. G. The MDMR has the authority to allow separate certified crab plants to share a facility. H. The certification number issued to each processor by the MDMR shall be unique.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-28, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 13.2 Initial certification will be granted provided following standards are met: A

No critical deficiencies; B. Not more than 3 key deficiencies; C. Not more than 5 other deficiencies; D. The initial certification includes a compliance schedule to correct the deficiencies if necessary; and E. Processor is properly licensed.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 13.3 Renewal of certification must be at the request of the certified processor at the time specified by the MDMR

Recertification will be granted upon the processor completing the following: A. Eliminated any critical deficiencies; B. Agreed to a compliance schedule which carries forward into the next certification period. C. Addressed any new key or other deficiencies in a new or revised compliance schedule; and D. Provided evidence of proper certification and licensing in accordance with this Part.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 13.4 All applicants applying for certification/recertification must meet the following requirements: A

Applicants must provide fixed cold temperature holding space adequate to hold the maximum amount of saltwater crabs or saltwater crab products received on any given day, B. Applicants must provide space to accommodate at proper temperature the total accumulation of saltwater crabs or saltwater crab products held for more than one day under cold temperature holding space conditions, and C. A certified crab processor’s operational activities must meet all seafood safety and sanitation control procedures/requirements.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 14 RESPONSIBILITY OF PROCESSOR, MANAGER, AND OPERATOR

22 Miss. Admin. Code Pt. 4, R. 14.1 Rule 14.1

Each certified crab plant processor, manager, and operator must ensure that all regulations are strictly adhered to, and that only safe and sanitary products are offered for sale to the consumer.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 14.2 The processor must ensure that the certified crab plant is supervised in accordance

with Chapter 19 of this Part.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 14.3 Rule 14.3

The owner of a certified crab plant must keep all safety/sanitation and marketing records (not including price information) for a minimum of one (1) year for fresh products and a minimum of two (2) years or the shelf-life, whichever is longer, for frozen products.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 14.4 Rule 14.4

In the event the MDMR issues a recall of saltwater crab products based on the need to eliminate a public health risk, the processor will fully cooperate with the MDMR in implementing the product recall. The processor is responsible for:

A. Determining where the recalled saltwater crab products were moved in the market system, B. Contacting the receivers of the product, C. Stopping any further market distribution of the saltwater crab products, D. Removing the associated saltwater crab products from the market as directed by the MDMR, and E. Providing the MDMR proof of removal in the form of bills of lading, receipts, or some other similar documentation.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 15 INSPECTIONS

22 Miss. Admin. Code Pt. 4, R. 15.1 The MDMR is required to make unannounced inspections of the processor’s facilities during periods of activity

A. Unannounced inspections must be conducted at least once per quarter.

B. The MDMR is authorized to officially inspect more frequently than once per quarter if excessive critical and non-critical deficiencies consistently occur that are not corrected based on a reasonable correction schedule as agreed upon by the MDMR and the certificate holder.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 15.2 Rule 15.2

The MDMR will provide a copy of the completed inspection form to the person in- charge at the certified crab plant at the time of the inspection. The inspection form must contain a list of deficiencies by area in the operation with corresponding citations from this Part.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 16 ACTIONS TRIGGERED BY INSPECTIONS

22 Miss. Admin. Code Pt. 4, R. 16.1 When a critical deficiency is detected: A

The owner/supervisor must correct the deficiency during that inspection; or B. The processor must cease production affected by the deficiency.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 16.2 Rule 16.2

When the processor fails to comply with Rule 14.1, the MDMR is authorized to immediately begin actions to suspend or revoke the processor’s certification.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 16.3 Rule 16.3

Product affected by a critical deficiency must be controlled to prevent contaminated or adulterated product from reaching consumers. When necessary, the MDMR is authorized to: A. Detain or seize any undistributed lots of product that have been adulterated; B. Initiate a recall of any distributed product; and C. Immediately notify Food and Drug Administration (FDA) enforcement officials.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 16.4 Temporary hold on saltwater crabs or saltwater crab products A

The MDMR has the authority to place any saltwater crabs or saltwater crab products in a facility/unit on a temporary hold to prevent the designated products from leaving the facility/unit. B. Saltwater crabs or saltwater crab products in a certified crab plant will only be placed on a temporary hold in cases where there is evidence, as documented on the official inspection form signed and dated by the MDMR to support such action. The inspection must show with clear and convincing evidence that the products involved are misbranded, adulterated, or that a health hazard or potential health hazard exists. A copy of the official inspection sheet, with the temporary hold order, will be given to a certificate holder or the certificate holder’s authorized representative, or in their absence, posted in a conspicuous place at the facility to provide written notice for a temporary hold on the products. C. The temporary hold will remain in effect until the processor is notified in writing by the MDMR that the violation has been corrected and the products confiscated have been destroyed or managed in some other manner that allows the products to be safely marketed for human consumption. These corrective actions must be done to the satisfaction of the Executive Director, the Director of Marine Fisheries or the Seafood Technology Bureau Director.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 16.5 Cease and Desist Orders A

After crab product has been on temporary hold for seventy-two (72) hours the Executive Director, the Director of Marine Fisheries or the Seafood Technology Bureau Director

has the authority to issue a cease and desist order. The cease and desist order will remain in effect until proper corrective actions have been taken and the order is lifted as provided in writing. B. In a case where any saltwater crab products involved create a health hazard or whenever adulterated or misbranded products are found, or in any case of willful refusal to certify an inspection, the MDMR has the authority to issue a cease and desist order effective immediately to suspend all related processing activities. This order will be in effect until proper corrective actions have been taken and the order is lifted, as provided in writing. C. Verification that proper corrective actions have been taken will be provided in writing and will be noted on the official inspection form during an official inspection of the certified crab plant.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 16.6 Suspension or Revocation of Seafood Processor Certificate A

A certification held by a person will be suspended or revoked by the Executive Director when a certified crab plant owner, operator, or manager: a. Interferes or fails to cooperate with the MDMR during an inspection. b. Interferes or prevents the temporary hold or confiscation and disposal of saltwater crabs or saltwater crab products by the MDMR when the saltwater crabs or saltwater crab products were declared, in writing, an adulterated product and a public health risk or a potential public health risk by the MDMR, and the MDMR concluded that the stated foods had to be confiscated and removed from the facility/unit and properly disposed. B. Suspension or revocation of a certification will be implemented provided the MDMR will in all cases serve upon the holder a written notice of intent to suspend or revoke the certificate. The notice will specify the violations and allow the holder such reasonable opportunity to correct such violations as agreed to by the parties before making any order of suspension/revocation effective. A copy of the official signed suspension or revocation order handed to the certification holder or the certification holder’s authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute written notice to suspend or revoke the certificate. A suspension/revocation of a certificate will remain in effect until the violation has been corrected. C. Upon receipt of an application from any person whose certificate has been suspended or revoked, the MDMR will make such inspection(s) as deemed necessary, collect samples, and test them to determine compliance. D. Upon the occurrence of repeated critical health hazards or violation(s) in other regulated seafood sanitation and health safety categories, the MDMR has the authority to revoke such certificate following reasonable notice and an opportunity for a hearing.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 17 LABELING OF SALTWATER CRAB PRODUCTS

22 Miss. Admin. Code Pt. 4, R. 17.1 Rule 17.1

All finished product containers or packages enclosing saltwater crab products must originate from a certified crab processor and must be conspicuously, indelibly, and legibly labeled with the following information: A. Name of the product. B. Name and address of the packer, repacker, or distributor. C. Size of the container or package. D. Certification number. E. Containers of frozen saltwater crab products will bear on the label nutritional facts as required by federal regulations unless otherwise exempt.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 18 PROCESSOR PURCHASE AND SALES RECORDS

22 Miss. Admin. Code Pt. 4, R. 18.1 Rule 18.1

All saltwater crabs and saltwater crab products purchased, sold, or shipped by a certified processor within, into or out of the State of Mississippi will be accompanied by a bill of lading or bill of sale with the following information: A. Processor’s name, address, and license/certificate number. B. Date of transaction. C. Name and address of consignee. D. Type and quantity of saltwater crabs or saltwater crab products.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 18.2 Rule 18.2

All saltwater crabs and saltwater crab products purchased for personal consumption must be accompanied by a receipt or a bill of sale containing the following information: A. Name and certificate or license number of seller. B. Quantity of saltwater crabs or saltwater crab products purchased. C. Purchase date.

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 18.3 Such records will be open for inspection at any time by any authorized representative of the MDMR

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 19 ADULTERATED OR MISBRANDED SALTWATER CRAB PRODUCTS

22 Miss. Admin. Code Pt. 4, R. 19.1 Rule 19.1

No person, firm, or corporation will hold or pack saltwater crab products under conditions whereby the product may become adulterated and/or a known public health risk.

22 Miss. Admin. Code Pt. 4, R. 19.2 Rule 19.2

It is unlawful to produce, provide for sale, purchase, offer, possess, or have in possession with intent to sell, any saltwater crab products which are adulterated or misbranded.

22 Miss. Admin. Code Pt. 4, R. 19.3 Rule 19.3

Any adulterated, misbranded, mislabeled, or unlabeled saltwater crab products under the authority of the MDMR will be impounded and properly disposed, if necessary, by the Executive Director, the Director of Marine Fisheries or the Seafood Technology Bureau Director.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-21, 9 CFR 531.1, and 21 CFR 123.

CHAPTER 20 PROCESSOR SANITATION REQUIREMENTS

22 Miss. Admin. Code Pt. 4, R. 20.1 The following are the requirements specific for processing saltwater crabs and saltwater crab products

The criticality of the requirement is noted after each as (“C”), (“K”), (“O”) or (“S O/K” or “S K/C” ).

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.2 For the safety of water used for processing and ice production the processor must ensure: A

Process water is safe and of adequate sanitary quality; (C), B. Water used for washing, rinsing, or conveying is of safe and adequate sanitary quality; (C), C. Water used for ice manufacture is of safe and adequate sanitary quality; (C), and D. No cross connections between sewer or wastewater and processing water are present. (C)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.3 The processor must maintain conditions and cleanliness of food contact surfaces in that: A

Food contact surfaces are designed, fabricated, maintained, and installed to be easily cleanable and capable to withstand the environment of use and cleaning compounds; (K), B. Smoothly bonded seams exist on all food contact surfaces of equipment and utensils; (K), C. The food contact surface is cleaned and sanitized before use, after interruptions, and as necessary; (K), D. Outer garments are suitable to the operation and cleaned in a manner that protects against the contamination of food, food-contact surfaces, or food packaging materials; (O), and E. Gloves are impermeable, clean, and sanitary. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.4 The processor must prevent cross contamination of food and food contact surfaces by: A

Ensuring employees conform to hygienic practices and maintain personal cleanliness adequately and as necessary to prevent contamination of food, food contact surfaces, or food packaging materials; (K), B. Washing and sanitizing hands before start of work, after absence from workstation and when hands have become contaminated; (K), C. Removing or covering jewelry that cannot be sanitized; (O),

D. Storing clothing or personal items away from exposed food or where equipment or utensils are washed; (O), E. Preventing employees from eating, chewing gum, drinking, or using tobacco near exposed food or food contact surfaces; (K), F. Taking precautions as necessary to protect against contamination of food, food-contact surfaces, or food packaging materials with microorganisms, or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin; (K), G. Applying effective measures to protect finished product contamination by raw materials, other ingredients, or refuse. When raw materials, other ingredients, or refuse are unprotected, they will not be handled simultaneously in a receiving, loading, or shipping area if that handling could result in contaminated food; (S O/K ), H. Protecting food transported by conveyor against contamination as necessary; (S O/K ), I. Practicing sanitary procedures; (K), J. Ensuring that the plant design reduces the potential for contamination of food, food contact surfaces, and packaging materials and prevents employees from contaminating food from clothing or personal contact; (O), and K. Separating operations to prevent cross contamination of food, food-contact surfaces, and packaging materials by location, time, partition, air flow, enclosed system, or other effective means. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.5 The processor must maintain hand washing, hand sanitizing and toilet facilities by: A

Providing warm water at all locations for hand washing at a minimum temperature of 100°F dispensed from a hot and cold mixing or combination faucet; (K), B. Providing hand washing, and where appropriate, hand sanitizing facilities at each location where good sanitary practice dictates their use; (K), C. Having effective hand cleaning and hand sanitizing preparations, such as a supply of hand cleansing soap, hand sanitizer, sanitary towel service or suitable drying devices present, an easily cleanable waste receptacle and handwashing signs in a language understood by the employees; (O), D. Designing and constructing devices or fixtures to protect against recontamination of clean sanitized hands; (O), E. Providing an adequate and functioning sewage disposal system; (S K/C ), and F. Providing adequate, readily accessible toilet facilities maintained in a sanitary condition, in good repair at all times with self-closing doors that protect food from airborne contamination (K).

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.6 The processor must protect food and food contact surfaces from adulteration by: A

Assuring the design, construction, and use of equipment precludes adulteration of food with lubricants, fuel, metal fragments, contaminated water, or other contaminates; (S O/K ), B. Taking all reasonable precautions to ensure production procedures do not contribute to contamination from any source; (S O/K ),

C. Holding raw materials, other ingredients, and rework in bulk, or in containers designed and constructed to protect against contamination and held at such temperature and relative humidity and in such a manner as to prevent adulteration of the food; (S O/K ), D. Identifying product scheduled for rework as such; (O), E. Holding liquid or dry raw materials and other ingredients received and stored in bulk form in a manner that protects against contamination; (O), F. Conducting work-in-process in a manner that protects against contamination; (K), G. Constructing, handling, and maintaining equipment, containers, and utensils used to convey, hold, or store raw materials, work-in-process, rework, or food during manufacturing or storage in a manner that protects against contamination; (O), H. Performing mechanical manufacturing steps to protect food against contamination; (K), I. Treating or maintaining batters, breading, sauces, gravies, dressings, and other preparations in such a manner that they are protected against contamination; (K), J. Performing in such a way the filling, assembling, packaging, and other operations such that the food is protected from contamination; (K), K. Storing and transporting finished food under conditions that will protect food against physical, chemical, and microbial contamination as well as against deterioration of the food and the container; (S K/C ), L. Assuring that drip or condensate from fixtures, ducts and pipes does not contaminate food, food-contact surfaces, and food packaging materials; (S K/C ), M. Providing adequate physical protection of food from contamination that may drip, drain, or be drawn into the food; (S K/C ), N. Providing adequate physical protection of components from contaminants that may drip, drain, or be drawn into them; (S K/C ), O. Providing aisles or working spaces between equipment and walls, that are adequately unobstructed and of adequate width to permit employees to perform their duties and to protect against contaminating food or food-contact surfaces with clothing or personal contact; (O), and P. Treating compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment in such a way that food is not contaminated with unlawful indirect food additives (K).

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.7 The processor must properly label, store, and use toxic compounds according to the following: A

Toxic cleaning compounds, sanitizing agents, and pesticides are identified, held, and stored in a manner that protects food, food contact surfaces, and food packaging materials from contamination, and all relevant regulations for their use followed; (K), and B. Permitting the use of insecticides or rodenticides under precautions and restrictions that will protect against the contamination of food, food-contact surfaces, or food packaging materials. (K)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123 Rule 20.8 The processor must control employee health conditions by: A. Ensuring any person who, by medical examination or supervisory observation, is shown

to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food packaging materials becoming contaminated, be excluded from any operations which may be expected to result in such contamination until the condition is corrected; (K), and B. Instructing employees to report such health conditions to their supervisor. (K)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.9 The processor must control pests by: A

Excluding all pests from any area of the certified crab plant; (K), B. Providing effective measures to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests; (K), and C. Providing, where necessary, adequate screening or other protection against pests. (K)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.10 The processor must ensure equipment and utensils used in processing abide by the following: A

Non-food contact surfaces in processing areas are constructed to be easily cleanable; (O), B. Holding, conveying, and manufacturing systems are designed and constructed to be maintained in an appropriate sanitary condition; (O), C. Freezers and cold storage compartments are fitted with an indicating thermometer, temperature measuring device, or temperature recording device and should be fitted with automatic control for regulating temperature or with an automatic alarm to indicate temperature change; (K), and D. Instruments and controls used for measuring, regulating, or recording temperatures, pH, etc. shall be accurate and adequately maintained, and adequate in number for their designed use. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.11 Rule 20.11

All operations in the receiving, inspecting, transporting, preparing, manufacturing, packaging and storage of saltwater crab products must be conducted in accordance with the sanitation requirements to ensure that: A. Raw materials and other ingredients must either not contain levels of microorganisms that have the ability to produce poisoning or diseases in humans or they must be pasteurized or otherwise treated to reduce levels; (K), B. Raw materials and other ingredients susceptible to contamination with natural toxins must comply with current FDA regulations and guidelines, and action levels before incorporated into finished food; (K), C. Raw materials, other ingredients, and rework susceptible to contamination with undesirable microorganisms, pests, or extraneous material must comply with FDA regulations, guidelines, and defect action levels; (K), D. When frozen materials/products are thawed, it is done in a manner that protects the materials/products from adulteration; (S O/K ),

E. All saltwater crab product manufacturing, including packaging and storage of saltwater crab products, is conducted under such conditions and controls as necessary to minimize the potential for growth of microorganisms, (S K/C ), F. Saltwater crab products that can support the rapid growth of microbes are held in a manner that prevents adulteration by: a. Maintaining refrigerated saltwater crab products at 40

F or below as appropriate; (C), and b. Maintaining frozen food in a frozen state. (K) G. Methods used to destroy or prevent the growth of undesirable microbes are adequate under the conditions of manufacturing and distribution to prevent adulteration; (K), H. Effective measures are taken to protect food from inclusion of metal or other extraneous material; (O), I. Adulterated saltwater crab products are disposed of in a manner that protects other foods from contamination; (S K/C ), J. Ingredients used are free from contamination; (C), K. Heat processes are used where applicable; (C), L. Time temperature controls are in place; (C), M. Product is cooled to the adequate temperature during manufacturing; (C), N. Disposing of batters are at appropriate intervals to protect against the growth of microorganisms; (K), O. Food containers and packaging materials are safe and suitable; (O), P. Physical protection from contamination is provided; (O), and Q. Food manufacturing areas and equipment used in manufacturing human food are not used to manufacture non-human food-grade animal feed or inedible products unless no possibility of contamination to human food exists. (K)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.12 The processor must take all precautions and measures to ensure the following: A

Employees are wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other hair restraints; (O), B. Product handlers and supervisors receive appropriate training in proper food handling techniques and food protection principles and are informed of the danger of personal hygiene and unsanitary practices; (K), and C. Clearly assigned, competent supervisory personnel will ensure employee practices are monitored. (K)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.13 Rule 20.13

The grounds about the certified facility under the control of the processor must be kept in a condition that will protect against the contamination of food. The requirements for adequate maintenance of grounds include, but are not limited to: A. Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the facility that constitute an attractant, breeding place, or harborage for pests; (O) B. Maintaining roads, yards, and parking lots so that they do not constitute a source of

contamination in areas where food is exposed; (O) C. Adequately draining areas that contribute contamination to food by seepage, foot-borne filth, or providing a breeding place for pests; (O) D. Operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination in areas where food is exposed; (O) and/or E. If the plant grounds are bordered by areas not under the operator’s control and these areas are in an unsanitary condition, care must be exercised in the plant to exclude pests, dirt, and filth that are a source of contamination. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

22 Miss. Admin. Code Pt. 4, R. 20.14 The plant building, fixtures, structures, and other physical facility requirements are as follows: A

The plant building, fixtures, structures and other physical facilities are maintained and repaired to prevent adulteration of food. (O) B. Cleaning and sanitizing are done in a manner that protects from contamination. (O) C. Non-food contact surfaces are cleaned as frequently as necessary to protect from contamination. (O) D. Single-service articles are used, stored, handled, dispensed, and disposed of in a manner to protect against contamination of food or food contact surfaces. (O) E. Storage of cleaned and sanitized portable equipment is in a location that protects food contact surfaces from contamination. (O) F. Adequate lighting in handwashing areas, dressing or locker rooms, and toilet facilities, and all rooms where food is examined, processed, or stored and where utensils and equipment are cleaned to be provided with safety-type light bulbs or other means of protecting against food contamination in case of breakage. (O) G. Floors, walls and ceilings must be kept clean and in good repair. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123.

22 Miss. Admin. Code Pt. 4, R. 20.15 Sanitary facilities and controls must be such that: A

Plumbing is of adequate size and design, installed and maintained to carry sufficient quantities of water to required locations, able to properly convey sewage and other liquid disposable wastes from the plant, and able to avoid constituting a source of contamination to food, water supplies, equipment, or utensils. (S O/K ) B. Adequate floor drainage is provided in all areas where floors are subject to flood-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. (O) C. Refuse receptacles are constructed and maintained to protect food against contamination. (O) D. Garbage and offal are conveyed, stored, and disposed of to minimize potential for pest harborage or breeding, and protect against contamination of food, food contact surfaces, and water supply. (O)

MISS. CODE ANN. §§49-15-11, 49-15-15, 9 CFR 531.1, and 21 CFR 123

CHAPTER 21 PROCESSOR COMPLIANCE ENFORCEMENT

22 Miss. Admin. Code Pt. 4, R. 21.1 Rule 21.1

The MDMR is authorized to use any combination of fines, certification cancellations, temporary suspension of operating licenses, embargoes, product condemnations or product seizures to accomplish the implementation of this Part.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-63, 9 CFR 531.1, and 21 CFR 123

CHAPTER 22 PENALTIES

22 Miss. Admin. Code Pt. 4, R. 22.1 Violations under this part will be charged in accordance with the provisions of Miss

Code Ann. §49-15-1 et seq. Each day of a continuing violation constitutes a separate violation. Violations of more than one chapter or subchapter of this part or part thereof shall be considered separate offenses and punished as such.

MISS. CODE ANN. §49-15-1 et seq.

CHAPTER 23 CHAPTERS AND SUBCHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 4, R. 23.1 Rule 23.1

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 04 shall remain in full force and effect.

MISS. CODE ANN. §49-15-11, 49-15-15, 49-15-63, 49-15-92

Part 5 RULES AND REGULATIONS THAT ESTABLISH RESTRICTIONS GOVERNING THE USE OF NETS, FISH TRAPS AND POTS WITHIN THE TERRITORIAL WATERS OF THE STATE OF MISSISSIPPI AND ESTABLISHING CERTAIN CATCH LIMITATIONS AND QUOTAS

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

This Part provides regulations to establish restrictions governing the use of nets, fish traps and pots within the territorial waters of the state of Mississippi and establishing certain catch limitations and quotas.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

The Mississippi Commission on Marine Resources (MCMR) has determined that it is in the best interest of the fisheries of the State of Mississippi to regulate areas, methods, and gear types in the salt waters of the State of Mississippi.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

The MCMR has further determined that catch limitations, minimum lengths, quotas and other regulations must be imposed in order to preserve fish populations.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

The MCMR is authorized by § 49-15-15 of the Mississippi Code Ann. of 1972, as amended, to enact all regulations necessary for the protection, conservation or propagation of all commercial fish in the waters under the territorial jurisdiction of the State of Mississippi.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

MULLET FISHING shall be defined as a fishing activity where the sole purpose is to catch mullet (Mugil sp.). It shall be unlawful for any person, firm, or corporation, while engaged in any mullet fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than mullet.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

KING MACKEREL FISHING shall be defined as a fishing activity where the sole purpose is to catch king mackerel (Scomberomorus cavalla). It shall be unlawful for any person, firm, or corporation, while engaged in any net fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than king mackerel while king mackerel fishing.

22 Miss. Admin. Code Pt. 5, R. 102 Rule 102

COMMERCIAL EEL FISHING shall be defined as a fishing activity using traps or pots where the sole purpose is to catch American eels (Anguilla rostrata). It shall be unlawful for any person, firm, or corporation to retain any fish or shellfish other than adult eels while engaged in commercial eel fishing. An adult eel shall be defined as an eel at least six (6) inches in length.

22 Miss. Admin. Code Pt. 5, R. 103 Rule 103

APPROVED DEGRADABLE MATERIAL shall be defined as a material which after one (1) year of immersion in water loses at least fifty (50) percent of its tensile strength and for which a field test must be available to analyze the material for authenticity or the net must have a placard issued by the Mississippi Department of Marine Resources (MDMR) which will be permanently attached to the net certifying that the net is made of an approved degradable material. Any material previously approved by the MCMR under Title 22 Part 5 shall be deemed an "approved degradable material" for purposes of this Title 22 Part 5, regardless of whether the material meets the fifty (50) percent loss in tensile strength after one (1) year of immersion in water.

Chapter 04 Commercial Net Closure Areas and Gear Size Restrictions

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to catch, take, or carry away any saltwater fish by or with any gill nets, trammel nets, purse seines, seines, haul seines, fish traps, except permitted eel traps, or any other like contrivances, in the territorial waters of the State of Mississippi within twelve hundred feet (1200) of any public pier or any pier owned and operated by hotels or motels for the use of their patrons and guests for swimming and fishing or any harbor or within twelve hundred (1200) feet of the shoreline of Deer Island.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

It shall be unlawful for any person, firm, or corporation to catch, take or carry away any saltwater fish by or with any gill nets, trammel nets, purse seines, seines, haul seines, fish traps, and other like contrivances except permitted eel traps in the following areas of the State of Mississippi: 101.01 Within any river, bayou, creek, canal, stream, tributary, lake, bay, or inlet, or other water source entering into areas defined as salt waters under the jurisdiction of the MCMR, except Pt. aux Chenes Bay, Middle Bay, Jose Bay, L'Isle Chaude, Heron Bay, Pascagoula Bay, south of a line beginning at a point on the shoreline at the southern terminus of range lines R7W and R6W near Camp Lamotte; thence southeasterly along the most direct line to the southernmost point of Twin Islands; thence easterly along the most direct line to the southern point of Rabbit Island; thence easterly along the most direct line to the beacon "Occ R 4 sec 100 ft" on the eastern side of Litton Shipbuilding; thence southeasterly following the shoreline to the southeasternmost point of Litton Shipbuilding; thence easterly along the most direct line to the southernmost point of land adjoining the entrance to Yazoo Lake) and South Rigolets and Biloxi Bay south of a line drawn between Marsh Point and Grand Bayou. These restrictions in subsection 101.01 shall not apply to mullet fishing in Pascagoula Bay south of the CSX Railroad bridge.

22 Miss. Admin. Code Pt. 5, R. 101.02 Rule 101.02

Within fifteen hundred (1500) feet from the shoreline between the U.S. Highway 90 bridge and the north shore of Bayou Caddy in Hancock County. 101.03 Within an area that would block the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet, channel, or other water source entering into areas defined as salt waters under the jurisdiction of the MCMR. Areas defined as salt waters under the jurisdiction of the MCMR are specified by Mississippi Commission on Wildlife, Fisheries and Parks Public Notice Number 2276 in accordance with § 49-15-23 of the Mississippi Code Ann. of 1972, as amended. 101.04 Within an area formed by a line running one (1) mile from the shoreline of Cat, Ship, Horn, Petit Bois, and Round Island, or from the shoals of Telegraph Keys and Telegraph Reef (Merrill Coquille), during the period from May 15 to September 15 of each year. 101.05 Within twelve hundred (1,200) feet of any private piers which extend a distance of seventy-five (75) feet or more from the shoreline, except when mullet fishing. 101.06 Within three-hundred (300) feet of any private piers which extend a distance of seventy-five (75) feet or more from the shoreline when mullet fishing. 101.07 All of the aforementioned piers must be in usable condition with boards spaced in such a way that persons can walk the entire distance of the pier. 101.08 It shall be unlawful for any person, firm, or corporation to use at any time trammel nets, gill nets, seines, haul seines, or any other like contrivances in excess of twelve-hundred (1200) feet in length. Except when fishing gill and trammel nets between October 15 through December 15 of each year, nets must be of a mesh size of one and one half (1-1/2) inch square, three (3) inch stretch or larger, and it shall be unlawful for any boat to use more than one (1) such net. Between October 15 through December 15 of each year, gill and trammel nets must be of a mesh size of one and three-fourths (1 3/4) inch square, three and one- half (3 ½) inch stretch or larger, and it shall be unlawful for any boat to use more than one (1) such net. 101.09 It shall be unlawful for any person, firm, or corporation other than licensed menhaden vessels engaged in menhaden fishing, to use or have in possession purse seine(s) in excess of fifteen hundred (1500) feet in length. Said nets must be of a mesh size of one-half (½) inch square, one (1) inch stretch or larger. 101.10 It shall be unlawful for any person, firm, or corporation to leave a gill net, trammel net, purse seine, seine, haul seine, or any other net like contrivance governed by the restrictions set forth in this Part unattended in the waters of this state. It shall further be unlawful for any person, firm, or corporation to use or have in their possession a gill net, trammel net, seine, haul seine, or like contrivance on the waters of this state without a visible buoy attached every one hundred (100) feet clearly marked with the license number or owner's full name thereon.

Chapter 05 Additional Gill and Trammel Net Restrictions

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

Notwithstanding the provisions of Chapter 04 above, it shall be unlawful for any person, firm or corporation to set, use or possess a gill or trammel net in the marine waters of the State of Mississippi contrary to the following restrictions: 100.01 From 6:00 a.m. to 6:00 p.m. no gill and trammel nets shall be set or otherwise used for the taking of aquatic life within one-half (½) nautical mile of any manmade structure attached to the shoreline from Bayou Caddy in Hancock County to Marsh Point in Ocean Springs, Jackson County. 100.02 From 6:00 p.m. to 6:00 a.m. no gill and trammel nets shall be set or otherwise used for the taking of aquatic life within one-quarter (1/4) nautical mile of any manmade structure attached to the shoreline from Bayou Caddy in Hancock County to Marsh Point in Ocean Springs, Jackson County. 100.03 It shall be unlawful for any person, firm or corporation to possess fish in, or in contact with, any gill or trammel net in a boat in the marine waters of Mississippi in the St. Louis Bay north of the CSX Railroad Bridge; in Biloxi Bay north of a line drawn between Marsh Point and Grand Bayou; in Pascagoula Bay north of the CSX Railroad bridge. 100.04 It shall be unlawful for any person, firm or corporation to set or otherwise use a gill or trammel net in the marine waters of Mississippi or to possess fish in, or in contact with, a gill or trammel net in a boat in the marine waters of Mississippi between 6:00 a.m. on Saturday mornings and 6:00 p.m. on Sunday evenings. 100.05 It shall be unlawful for any person, firm or corporation to set or otherwise use a gill or trammel net in the marine waters of Mississippi or to possess fish in, or in contact with, a gill or trammel net in a boat in the marine waters of Mississippi between 6:00 a.m. and 6:00 p.m. on legal holidays established by the Mississippi Legislature and as set forth in Miss. Code Ann. § 3-3-7, as amended. 100.06 No gill or trammel net shall be set within one-quarter (1/4) nautical mile of another gill or trammel net. 100.07 Gill and trammel nets must be attended at all times from a distance of no greater than the length of the boat in use. 100.08 On and after January 1, 1997, all gill and trammel nets must be constructed of an approved degradable material. An approved degradable materials list will be on file with the Executive Director of the MDMR or his designee. Any material that has not been approved by the MCMR by the October 15, 1996 MCMR meeting must meet the requirements of the approved degradable materials definition.

Chapter 06 Eel Trap Regulations

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to engage in commercial eel fishing activities by trap or pot in all areas defined as salt waters under the jurisdiction of

the MCMR by Public Notice No. 2276 in accordance with Miss. Code Ann. § 49-15-23, as amended, without first obtaining a commercial eel permit from the MDMR.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

It shall be unlawful for any person, firm, or corporation to engage in commercial eel fishing as defined herein using: 101.01 Traps with a diameter in excess of two (2) feet or a length in excess of four (4) feet or a muzzle or throat with an opening in excess of two (2) inches, maximum measurement. 101.02 Traps with a mesh size smaller than one-half (½) inch by one (1) inch. 101.03 Pots larger than twenty four (24) inches by twenty four (24) inches by fifteen (15) inches or having a throat in excess of two (2) inches, maximum measurement.

22 Miss. Admin. Code Pt. 5, R. 102 Rule 102

It shall be unlawful for any person, firm, or corporation to use or have in their possession in or on the waters of this state any fish traps, fish pots, eel traps, eel pots, or like contrivances that are not clearly marked with the owner's full name, permit, or license number. It shall further be unlawful for said person, firm, or corporation to fail to check and empty each trap, pot, or like contrivance at least once every forty-eight (48) hours.

Chapter 07 MCMR May Adopt Total Allowable Catch (TAC) For Seafood

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

The MCMR, in accordance with the provisions of a duly adopted Commission Management Plan, published and filed with the Secretary of State; or in accordance with a management plan developed by the Gulf of Mexico Fishery Management Council and approved by the United States Secretary of Commerce; may establish annual Total Allowable Catch (TAC) rates for commercial and recreational fishermen. Said catch rates may apply to red drum, spotted seatrout, mullet, brown shrimp, white shrimp, blue crabs, or any other species of fish or shellfish which the MCMR deems necessary or advisable. Furthermore, the MCMR may close a fishery or disallow the taking of any particular species of fish or shellfish by commercial fishermen, recreational fishermen or both commercial and recreational fishermen in response to catches meeting or exceeding a TAC established by order of the MCMR. It shall be unlawful for any person, firm, or corporation to violate any of the provisions of such management plans as approved by the MCMR or to exceed the TAC levels which may be established annually for any species of fish or shellfish.

Chapter 08 Regulations on Sale of Cobia and Finfish under Quotas

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

It shall further be unlawful for any person, firm or corporation to sell, offer for sale, barter, trade or purchase cobia landed in Mississippi. Cobia and any species of finfish that have an established annual quota and are landed legally elsewhere and/or transported into or within Mississippi for sale, must be accompanied by an affidavit or certificate from the regulating agency of the point of origin stating that the fish were legally landed or

accompanied by a Bill of Lading if imported from a foreign country. Cobia and any species of finfish that have an established annual quota and are raised on permitted aquaculture facilities must be accompanied by a Bill of Lading with the permit number attached and may be sold below the prescribed minimum lengths.

Chapter 09 Exceptions to Net Regulations

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

The restrictions, with the exception of Chapter 07, outlined in this Part do not apply to brill nets, cast nets, drop nets for crabs, small mesh beach seines not exceeding one- hundred (100) feet in length, and having a mesh size not to exceed 1/4 inch bar-1/2 inch stretch, trawls, for the catching of shrimp, purse seines for the catching of menhaden, or nets, traps, or pots for experimental purposes approved and duly permitted by the MCMR.

Chapter 10 Penalties

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amended, unless a penalty is specifically provided elsewhere in the Mississippi Code Ann. of 1972, as amended.

Chapter 10 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

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 05 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 5, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such.

Chapter 11 Administrative Procedures Act

22 Miss. Admin. Code Pt. 5, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 5.013 has been modified and the MCMR 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.

TITLE 22 MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 5 RULES AND REGULATIONS THAT ESTABLISH RESTRICTIONS GOVERNING THE USE OF NETS, FISH TRAPS AND POTS WITHIN THE TERRITORIAL WATERS OF THE STATE OF MISSISSIPPI AND ESTABLISHING CERTAIN CATCH LIMITATIONS AND QUOTAS, shall be in effect and be in force from and after the 21 st day of March 2019.

Adopted this the 19 th day of February 2019.

MISSISSIPPI COMMISSION ON MARINE RESOURCES

By: s/ O. Steven Bosarge_________ O. Steven Bosarge, Chairman

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

By: /s/ Joe Spraggins__________________ Joe Spraggins, Executive Director

Part 6 RULES AND REGULATIONS FOR LIVE BAIT RELATED ACTIVITIES

22 Miss. Admin. Code Pt. 6, R. 1.1 This part provides for the regulations for live-bait fishing, transport and sales

MISS. CODE ANN. §§ 49-15-15, 49-15-64.3, 49-15-303, 49-15-304, and 49-15-307. Rule 1.2 The live bait fishery is a service to the recreational fisherman and tourist industry of Mississippi.

MISS. CODE ANN. §§ 49-15-15, 49-15-64.3, 49-15-303, 49-15-304, and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 1.3 Rule 1.3

Regulations are necessary to assure that this service may be performed with minimal impact on shrimp and fish populations.

MISS. CODE ANN. §§ 49-15-15, 49-15-64.3, 49-15-303, 49-15-304, and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 1.4 Rule 1.4

To protect the valuable shrimp fishery of the State of Mississippi, no more than that amount of bait shrimp necessary to service the recreational fishermen of Mississippi should be harvested from those waters of the state that are closed to commercial shrimping activities except for live bait shrimping. MISS. CODE ANN. §§ 49-15-15, 49-15-64.3, 49-15-303, 49-15-304, and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 1.5 Rule 1.5

For live bait dealers to operate live bait shrimp transport vehicles and to ensure that only bona fide operations will be licensed, said vehicle should be properly regulated.

MISS. CODE ANN. §§ 49-15-15, 49-15-64.3, 49-15-303, 49-15-304, and 49-15-307.

CHAPTER 02 DEFINITIONS

22 Miss. Admin. Code Pt. 6, R. 2.1 Definitions

A. BAIT SHRIMP – Saltwater shrimp that count one hundred (100) or fewer shrimp per pound and are intended solely for use as bait to be sold or dispensed alive or dead with heads attached to recreational fishermen, or licensed live bait dealers as permitted within the State of Mississippi.

B. BULK SALES – Any sale, barter, trade, exchange or otherwise dispensing of dead shrimp consisting of more than five (5) pounds per person per day; or any sale, barter,

trade, exchange or otherwise dispensing of live shrimp of more than five hundred (500) live bait shrimp per person per day.

C. CAST NET – Any cast net or brille net or any circular or conical weighted net designed to be thrown downward by hand and withdrawn by lines attached to its margin.

D. CHUM – Fish or invertebrates (excluding all species of marine shrimp and crabs) which are intended solely for use as a fish attractant to be sold or dispensed to recreational fishermen within the State of Mississippi.

E. EXECUTIVE DIRECTOR – The Executive Director of Mississippi Department of Marine Resources (MDMR) or his designee. F. FINAL DESTINATION – A place on the mainland or barrier island, not including piers or jetties, where the fishermen finally lands their catch and does not further transport the fish by boat.

G. FOOTROPE – Leadline, footline, groundrope or that lower part of the trawl that the webbing is first attached, that also provides for the weighing down of the trawl by means of lead weights, chain or other means.

H. HEADROPE – Corkline, headline, floatline or that upper part of the trawl that the webbing is first attached, that also provides flotation by means of corks, floats or other means.

I. INTEREST IN COMMERCIAL SHRIMP OPERATION – Having any direct or indirect pecuniary or financial interest in any commercial shrimp vessel, shrimp processing facility or sale of shrimp for human consumption.

J. INTEREST IN LIVE BAIT OPERATIONS – Having any direct or indirect pecuniary or financial interest in any live bait catcher boat, live bait shrimp transport vehicle or live bait camp.

K. LIVE BAIT CAMP – Any business of a live bait dealer that deals in the selling of live and dead shrimp to recreational fishermen within the State of Mississippi for bait use and has been duly inspected and permitted as a "live bait camp" by the MDMR.

L. LIVE BAIT CATCHER BOAT - Any watercraft having suitable equipment aboard to properly harvest and retain aboard, in a live condition, shrimp which are intended solely for use as live bait to be sold or dispensed to recreational fishermen within the State of Mississippi and said boat having been duly inspected, permitted and licensed by the MCMR as a "live bait catcher boat" to a particular live bait camp.

M. LIVE BAIT DEALER - "Live shrimp dealer" or any person, firm or corporation who engages in the sale, exchange, barter or dispensing of shrimp, in a live condition or dead with heads attached, solely as bait only to recreational fishermen within the State of Mississippi, or other licensed live bait dealers as permitted; and has been duly inspected and permitted as a "licensed live bait dealer" by the MDMR. Said dealer must also actively pursue the business of supplying the needs of sports fishermen in the State of Mississippi with bait, tackle and other recreational fishing needs.

N. LIVE BAIT SHRIMP TRANSPORT VEHICLE – Any motorized vehicle having suitable equipment to properly transport, in a live condition, shrimp which are intended solely for use as live bait to be sold or dispensed to recreational fishermen and said vehicle having been duly inspected and permitted as a "live bait shrimp transport vehicle" by the MDMR.

O. SALTWATER MINNOW – Any species within the Cyprinodontidae, Fundulidae, and Poeciliidae families.

P. SALTWATER MINNOW DEALER – “Saltwater minnow fisherman” and any person, firm or corporation who engages in the sale, exchange, barter or dispensing of saltwater minnows, in a live condition, solely as bait only to recreational fishermen, or to licensed live bait dealers as permitted.

Q. SALTWATER MINNOW TRANSPORT VEHICLE – Any motorized vehicle having suitable equipment to properly transport, in a live condition, saltwater minnows which are intended solely for use as live bait to be sold or dispensed to a recreational fisherman and said vehicle having been duly permitted as a “saltwater minnow transport vehicle” by the MDMR.

MISS. CODE ANN. §§ 49-15-15, 49-15-34, 49-15-81, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 03 CLOSURE AREAS

22 Miss. Admin. Code Pt. 6, R. 3.1 Rule 3.1

It shall be unlawful for any person, firm or corporation to take, catch, or carry away any saltwater shrimp, for any purpose at any time from any bayou, bay, lake, canal, stream, creek, river or other tributary to the Mississippi Sound or Lake Borgne in the three Coastal Counties using a trawl. However, live bait shrimping by live bait catcher boats is permitted year-round in Middle Bay; Point Aux Chenes Bay; Jose Bay; Bayou Casotte south of Channel B Range Rear Light (Latitude 30.359224); Pascagoula Bay; East, West and Middle Pascagoula Rivers south of the CSX Railroad bridges; Biloxi Bay and Bay of St. Louis south of the CSX Railroad bridge and Heron Bay.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307, 49-15-315 and 49- 15-321.

22 Miss. Admin. Code Pt. 6, R. 3.2 Rule 3.2

Nothing in this chapter shall be construed to limit the use at any time of cast nets not exceeding twelve (12) feet (maximum radius or length) to catch saltwater shrimp for personal consumption.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307, 49-15-315 and 49- 15-321

CHAPTER 04 GEAR REGULATIONS

22 Miss. Admin. Code Pt. 6, R. 4.1 Rule 4.1

It shall be unlawful for any person, firm or corporation to engage in live bait shrimping operations or to operate a live bait catcher boat without complying with the following: A. A live bait catcher boat shall be licensed to catch live bait shrimp for only one live bait dealer, unless specifically permitted to do so as provided for in this Part. Once a live bait boat has been inspected and licensed to catch shrimp for a specific licensed live bait dealer that boat and captain must continue to work for that dealer until the following license period. The only exception to this is when a dealer has their license revoked or is otherwise out of business. The captain and live bait catcher boat may transfer to work for another live bait camp with the prior approval of the Executive Director or his designee and if they were not convicted of any violations that resulted in or contributed to the revocation of the live bait camp license. These are the only circumstances in which a live bait captain and catcher boat will be allowed to change camps during the course of the season and begin to work for another camp.

B. It shall be unlawful for any live bait catcher boat to tow a net in excess of twenty-five (25) minutes, including the time it takes to put out or pick up a trawl.

C. It shall be unlawful for live bait catcher boats east of Bayou Caddy to pull or have on board a trawl with measurements in excess of sixteen (16) feet along the headrope or in excess of twenty-two (22) feet along the footrope for the purpose of catching bait shrimp in Mississippi waters. It shall further be unlawful for live bait catcher boats working in Hancock County south and west of Bayou Caddy to pull or have on board a trawl with measurements in excess of twenty-five (25) feet along the headrope or in excess of thirty- two (32) feet along the footrope for the purpose of catching bait shrimp in Mississippi waters. D. It shall be unlawful for live bait catcher boats to use boards greater than four (4)feet in length.

E. Live bait catcher boats must be clearly marked by displaying in an easily visible position, on both port and starboard sides, in block letters at least six (6) inches high by at least one-half (1/2) inch wide and of a contrasting color to that of the vessel, the words: "LIVE BAIT" and the name of the camp similarly displayed.

F. It shall be unlawful for any live bait catcher boat to use in excess of one (1) trawl. It shall be further unlawful for any live bait catcher boat to use any test or try trawl.

G. Live bait catcher boats shall be equipped with shaded holding tanks with aeration capabilities and a water circulating system aboard. Said holding tanks aboard the live bait catcher boat must be of either circular or raceway type with adequate water flow, provided, however, that rectangular shaped tanks already in use may continue to be used when boards are placed in the corners to prevent live shrimp from congregating. Provisions for aerating said holding tanks shall be provided to ensure optimal survival of the bait shrimp. A pump capable of drawing water from near the bottom where the shrimp are caught shall also be on board. A "wet" or recirculating sorting tank shall be required to separate shrimp from incidental catch. Other types of on-board holding tanks or systems may be permitted if it can be shown that they are at least as adequate as those described above. The Executive Director or his designee shall determine the capability of such holding tanks aboard to hold shrimp or fish in a live condition, as well as the capability of any pumps or aeration systems prior to the issuance of a permit for their operation.

H. It shall be unlawful for any live bait catcher boat to have in excess of thirty (30) pounds of dead shrimp on board at any time.

I. It shall be unlawful to possess mullet north of the CSX railroad while engaged in minnow fishing.

J. The designated captain of the live bait catcher boat may not operate said boat without having in his immediate possession a valid live bait catcher boat license issued by the Executive Director or his designee and their Captains' license issued by the MDMR.

K. Trawling hours for live bait catcher boats shall begin no earlier than thirty (30) minutes before official sunrise and end no later than official sunset each day, unless otherwise specified by the MDMR or state statute.

L. Live bait catcher boat operators may retain other fish caught incidental to catching bait shrimp, and such fish may be sold as chum or bait provided they meet all minimum commercial size requirements as established by Mississippi Statute and Parts as well as all other applicable regulations as established by the MDMR and state statute. If the live bait camp desires to sell crabs caught while engaged in fishing for live bait, the live bait dealer must possess a valid commercial crab license issued by the MDMR and abide by all crabbing regulations as established by the MDMR and state statute. All other incidental catch not intended for sale as bait or chum must be returned to the water as soon as possible in order to ensure survival. M. It shall be unlawful for a live bait dealer or live bait catcher boat captain or operator to refuse to sell any shrimp legally caught or possessed for bait use.

N. It shall further be unlawful for any person, firm or corporation to sell, offer for sale, barter, trade, dispense or otherwise dispose of live bait shrimp from a live bait catcher boat to recreational fishermen in amounts exceeding five hundred (500) live bait shrimp per person per day.

O. It shall be unlawful for any person, firm or corporation to wash, pull, or have any part of a trawl in waters of the State of Mississippi that are closed to live bait shrimping or closed to that particular type or size of trawl.

MISS. CODE ANN. §§ 49-15-15, 49-15-64,49-15-86, 49-15-303, 49-15-304, and 49-15-307.

CHAPTER 05 LICENSE REGULATIONS

22 Miss. Admin. Code Pt. 6, R. 5.1 Rule 5.1

It shall be unlawful for any person, firm or corporation to operate a live bait camp, engage in live bait shrimping or to conduct live bait shrimp operations without complying with the following:

A. Before any person, firm or corporation receives a live bait dealer's license, written application must first be made to the MDMR. Applications for a live bait dealer’s license must include the following: 1. A sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. 2. A State of Mississippi sales tax number. 3. A statement of the operating hours, at least eight (8) hours per twenty-four (24) hour period. 4. The location of the camp; the camp must be accessible to the general public by public road or navigable waterway located within the three (3) coastal counties. 5. The registration number and name of the live bait catcher boat. 6. The name of the live bait catcher boat Captain. 7. The Mississippi vehicle tag number of the live bait transport vehicle (if applicable). 8. Lists of types of licenses or permits requested (e.g. "live bait dealer", "live bait catcher boat", "live bait shrimp transport vehicle").

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.2 Rule 5.2

All live bait dealers shall have privilege tax permits and licenses as required for conducting business in the state, as well as for the county and/or municipality in which the bait camp is located. The Executive Director or his designee will determine if the business serves the public interest and recreational fishing in Mississippi. The Executive Director or his designee will notify respective applicants of an inspection date and the Executive Director or his designee will inspect each camp prior to the issuance of a live bait dealer’s license. License renewals will be issued only upon compliance of the live bait dealer with record keeping procedures for the immediately preceding license year as set forth in this Part or other parts or regulations as adopted by the MDMR, together with all applicable laws and regulations of the State of Mississippi. Any live bait dealer who failed to keep or to submit said records in a timely manner as required, must first obtain MDMR approval prior to license renewal. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.3 Rule 5.3

It shall be unlawful for any live bait dealer to fail to submit their monthly Live Bait Dealer Report to the MDMR, in accordance with Title 22 Part 9 regulations of the MDMR. Said reports shall be postmarked no later than the tenth (10 th ) day of the month following the monthly reporting period. Live bait shrimp caught and sold shall be reported in numbers of shrimp, not in number of pounds.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.4 Rule 5.4

It shall be unlawful for any saltwater minnow dealer to fail to submit their trip tickets and trip ticket summary form to the MDMR, in accordance with Title 22 Part 9 regulations of the MDMR. Said reports shall be postmarked no later than the tenth (10 th ) day of the month following the monthly reporting period. Saltwater minnows caught and sold shall be reported in numbers of saltwater minnows, not in number of pounds.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.5 Rule 5.5

Live bait dealer's licenses will be issued only by the Executive Director or his designee, and only at the time of inspection of the live bait camp. Inspections shall be completed within thirty (30) days of receiving a fully completed application.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.6 Rule 5.6

The live bait dealer's license shall identify one individual who shall be responsible for operation of the bait camp and its designated live bait catcher boat and the live bait shrimp transport vehicle in accordance with all applicable laws, regulations and fees. The live bait catcher boat captain's license shall be purchased at the same time the vessel license is purchased. It shall be unlawful to substitute captains or operate a live bait catcher boat without the designated captain aboard prior to receiving written approval from the Executive Director or his designee. Requests to substitute captains must be submitted in writing in advance of such substitutions to the Executive Director for his approval. Each live bait captain is allowed one alternate live bait captain per live bait boat license. If a change of personnel occurs on said license (including the captain or the alternate captain) a new captain's license must be purchased. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.7 Rule 5.7

Any live bait camp may submit a request in writing for not more than two live bait catcher boats to the Executive Director. In the event of mechanical failure or other difficulties, the license of a live bait catcher boat may be temporarily transferred, for a period not to exceed thirty (30) days, to another live bait catcher boat after approval from the Executive Director or his designee. Requests to transfer the license to a new vessel on a permanent basis must be submitted in writing to the Executive Director or his designee for their inspection and approval. This permanent type of transfer may occur only once per license year.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.8 Rule 5.8

No person, firm or corporation may operate as a live bait dealer without first having a valid place of business in the State of Mississippi which has been inspected by the Executive Director or his designee and only after receiving a license to operate issued by the Executive Director or his designee. Live bait camps shall display in an easily visible position from the nearest public roadway a sign using block letters at least six (6) inches high and at least one-half (1/2) inch wide the words "LIVE BAIT" and the name of the live bait camp. Camps arealso required to have a facility adequate for safely serving the public and must meet the requirements necessary to operate a business where the camp is located. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.9 Rule 5.9

Holding tanks for live bait in the live bait camp must be either circular or raceway type with adequate water flow, provided, however, that rectangular shaped tanks already in use may continue to be used when boards are placed in corners to prevent live shrimp from congregating in corners. Provisions for aerating the holding tanks shall be provided to ensure optimal survival of the bait shrimp. Other types of holding tanks may be permitted if it can be shown that they are at least as adequate as those described above. The Executive Director or his designee shall determine the capability of such tanks prior to the Executive Director or his designee issuing a permit for their operation. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.10 Dead bait shrimp may be sold, only with their heads attached, in containers holding no more than sixteen (16) ounces

No bulk sales are permitted other than to another live bait dealer as provided for in this Part, however, the selling in excess of five hundred (500) live bait shrimp from the live bait camp to an individual may be permitted by the Executive Director after request of the sale by the live bait dealer.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.11 Holding tanks must be cleaned of dead shrimp at least every twelve (12) hours

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307. Rule 5.12 Live bait camps must be open from May 31 through December 1, a minimum of five (5) days per week. There must be someone available to sell or dispense bait to customers on a regular basis during at least eight (8) of the daylight hours. Operating hours for the period from May 31 to December 1 must be designated in writing at the time of license issuance. On any day that a live bait camp's live bait catcher boat operates, the live bait camp must open the following day and remain open as provided in its designated hours of operation, or for a minimum of eight (8) hours. The Executive Director must be notified in writing by each live bait dealer when they are unable to keep their live bait

camps open for a period of five (5) or more consecutive days, and also be notified prior to the camp's reopening. Live bait dealers who fail to keep their live bait camps open during their designated times, and do not notify the Executive Director in writing of such closure, will not be permitted to renew their live bait licenses for the following year.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.13 Rule 5.13

Should the designated live bait catcher boat of a particular live bait dealer become inoperable, the live bait dealer, with prior permission of the Executive Director or his designee, may purchase shrimp from another live bait dealer for the period required to make necessary repairs or to acquire another live bait catcher boat for this live bait camp. Said temporary operation shall not exceed thirty (30) days. If after thirty days the live bait dealer is unable to make repairs, the Executive Director or his designee may extend the period of temporary operations. Subject to prior approval live bait dealers unable to secure a live bait catcher boat or experiencing difficulty obtaining live bait shrimp may buy from other licensed live bait camps or commercial shrimpers. Licensed live bait dealers buying live shrimp from other licensed live bait dealers must make application for permission to the Executive Director or his designee in writing. Application must identify licensed live bait dealers they are buying shrimp from. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.14 Rule 5.14

It shall be unlawful for any live bait dealer, or person, firm or corporation with an interest in live bait catcher boats or live bait businesses to have any interest in commercial shrimp operations. Licensed live bait dealers and licensed commercial shrimp operations are prohibited from sharing facilities or premises.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.15 Rule 5.15

It shall be unlawful for any live bait dealer to sell, exchange, barter or otherwise dispense of shrimp, fish, crabs or chum to any person, firm or corporation other than to recreational fishermen or other licensed live bait dealers as permitted. Licensed live bait dealers providing prepared shrimp food items to the public must retain invoices documenting the purchase of shrimp products from a properly licensed commercial supplier and sale to the public.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.16 Rule 5.16

MDMR can provide for the transfer of the following live bait licenses/permits, dealer license, boat license and truck permit to a new camp owner during the license year provided that the sale of the camp is finalized, and notarized documentation of the sale is provided to the MDMR. The license transfer must be completed by the Executive Director or his designee and the MDMR licensing office. Each license can only be changed once per license year. This transfer may only take place provided that all reporting requirements have been met as set in this Part and there are no previous live bait violations on record.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 6, R. 5.17 Rule 5.17

If a licensed live bait boat or captain wants to change to a commercial shrimper the live bait boat license and captain's license must be surrendered to the Executive Director or his designee. Surrendered licenses may not be reacquired during the same license year.

MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 06 TRANSPORT VEHICLE REGULATIONS

22 Miss. Admin. Code Pt. 6, R. 6.1 Rule 6.1

It shall be unlawful for any person, firm or corporation to conduct live bait shrimp operations or to operate a live bait shrimp transport vehicle without complying with the following:

A. Live bait shrimp transport vehicles must be clearly and permanently marked by displaying in an easily visible position, on both left and right sides of said transport vehicle and or live bait holding tank in block letters at least four (4) inches high and at least three-eighths (3/8) inch wide and of a contrasting color to that of the vehicle, the words: "LIVE BAIT" and the name of the camp similarly displayed. B. Live bait shrimp transport vehicles shall be equipped with shaded holding tanks with aeration capabilities and a water circulating system. Said holding tanks on the live bait shrimp transport vehicle must be of a circular type with adequate water flow, provided, however, that rectangular shaped tanks already in use may continue to be used when boards are placed in the corners to prevent live shrimp from congregating. Provisions for aerating the holding tanks shall be provided to ensure optimal survival of the bait shrimp. Other types of holding tanks or systems may be permitted if it can be shown that they are at least as adequate as those described above. The Executive Director or his designee shall determine the capability of such tanks to hold shrimp or fish in a live condition, as well as the capability of any pumps or aeration systems.

C. It shall be unlawful for any live bait shrimp transport vehicle to have in excess of forty (40) pounds in total of dead shrimp on board at any time, except, however, when dead shrimp are to be purchased from a licensed seafood dealer for use as bait, such shrimp may be transported frozen or on ice, and must be accompanied by a bill of sale from the seafood dealer that includes the seafood dealers signature and the time and date of the sale. It shall further be unlawful to transport live shrimp while in the process of purchasing, attempting to purchase or transport dead shrimp from a seafood dealer. The additional ten (10) pounds of dead shrimp allowed within a transport vehicle tank (30 pounds of dead shrimp in the boat tank) is to allow for any mortality which may occur during the transport of the live shrimp to the final destination.

D. The driver of the live bait shrimp transport vehicle may not transport live shrimp by said vehicle without having in their immediate possession a valid "live bait shrimp transport vehicle permit" issued by the Executive Director or his designee.

Rule 6.2. It shall be unlawful for any person, firm or corporation to transport saltwater minnows out of state without complying with the following:

A. Saltwater minnow transport vehicles must be clearly and permanently marked by displaying in an easily visible position, on both left and right sides of said transport vehicle in block letters at least four (4) inches high and at least three-eighths (3/8) inch wide and of a contrasting color to that of the vehicle, the words: "SALTWATER MINNOWS".

B. The driver of the saltwater minnow transport vehicle may not transport saltwater minnows by said vehicle without having in their immediate possession a valid "saltwater minnow transport vehicle permit" issued by the Executive Director or his designee.

MISS. CODE ANN. §§ 49-15-15, 49-15-34, 49-15-64, 49-15-303, 49-15-304, 49-15-305 and 49-15- 307.

22 Miss. Admin. Code Pt. 6, R. 6.3 Rule 6.3

It shall be unlawful for any person, firm or corporation to sell, offer for sale, barter, trade, dispense or otherwise dispose of any shrimp, fish, crabs or chum directly from a live bait shrimp transport vehicle other than to the live bait camp or camps for which it is permitted. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 07 AQUACULUTURE

22 Miss. Admin. Code Pt. 6, R. 7.1 Rule 7.1

Live bait shrimp may be raised in aquaculture facilities, however only native marine species of shrimp and native saltwater minnows may be used as bait. Non- native species of shrimp and saltwater minnows are strictly prohibited from being used as live bait in the marine waters of the State of Mississippi. MISS. CODE ANN. §§ 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 08 PENALTIES

22 Miss. Admin. Code Pt. 6, R. 8.1 Violations under this part will be charged in accordance with the provisions of Miss

Code Ann. § 49-15-1 et seq. Each day of a continuing violation constitutes a separate violation. Violations of more than one chapter or subchapter of this part or part thereof shall be considered separate offenses and punished as such.

MISS. CODE ANN. § 49-15-63, 49-15-64.3, 49-15-100. 49-15-100.1, and 49-15-100.3.

CHAPTER 09 CHAPTERS AND SUBCHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 6, R. 9.1 Rule 9.1

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 Title22 Part 06 shall remain in full force and effect. MISS. CODE ANN. §§ 49-15-1 et. seq.

Part 7 REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS OF CERTAIN FISH SPECIES AND TO PREVENT SALE OF SEAFOOD BY RECREATIONAL FISHERMEN

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

This Part provides for the regulations of commercial and recreational fishermen through size limits, bag limits and gear restriction.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

The Mississippi Commission on Marine Resources has determined that the regulation of all user groups is necessary for the conservation, protection, or propagation of certain fish species.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

The Mississippi Commission on Marine Resources has determined that regulations must be imposed on minimum lengths and bag limits of certain commercially and recreationally important fish species in order to insure the proper conservation, protection or spawning of stocks.

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

The Mississippi Commission on Marine Resources has determined that there is a need to support the decision of the United States Congress which authorized the United States Secretary of Commerce, the National Oceanic and Atmospheric Administration (NOAA) Assistant Administrator, for fisheries to adopt conservation measures for Atlantic Bluefin Tuna (Thunnus thynnus) as recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT), which was established by the International Convention for the Conservation of Atlantic Tunas, a treaty to which the United States and eighteen other countries are parties.

22 Miss. Admin. Code Pt. 7, R. 103 Rule 103

The Mississippi Commission on Marine Resources has determined a need to restrict the incidental catch of Atlantic Bluefin Tuna in accordance with Federal Regulations.

22 Miss. Admin. Code Pt. 7, R. 104 Rule 104

The Mississippi Commission on Marine Resources has determined that the ICCAT recommendation to prohibit a directed fishery on the Atlantic Bluefin Tuna spawning stocks in the Gulf of Mexico is a valid and necessary measure for the proper conservation of Atlantic Bluefin Tuna stocks.

22 Miss. Admin. Code Pt. 7, R. 105 Rule 105

The Mississippi Commission on Marine Resources is vested with the jurisdiction and authority over all marine aquatic life and is authorized to enact all regulations necessary for the protection, conservation or propagation of all shrimp, oysters, commercial fish and crabs

in the waters under the territorial jurisdiction of the State of Mississippi, as provided for in Section 49-15-15 of the Mississippi Code of 1972, Annotated.

22 Miss. Admin. Code Pt. 7, R. 106 Rule 106

Section 49-15-63 of the Mississippi Code of 1972, Annotated, provides, in part, that any person, firm or corporation violating any of the provisions of any Title and Part adopted by the commission shall be guilty of a misdemeanor.

22 Miss. Admin. Code Pt. 7, R. 107 Rule 107

Section 49-15-96 of the Mississippi Code of 1972, Annotated; allows for the cleaning (filleting) of certain types of fish for personal consumption by licensed commercial shrimpers.

22 Miss. Admin. Code Pt. 7, R. 108 Rule 108

Section 49-15-317 of the Mississippi Code of 1972, Annotated; allows any charter or recreational fishing boat fishing outside the state’s waters in the Gulf of Mexico over twenty-four (24) hours before returning to land and filing a float plan with the Department of Marine Resources may possess filleted fish in Mississippi waters.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

FINAL DESTINATION shall be defined as a place on the mainland or a barrier island, not including piers or jetties, where the fishermen finally lands his catch and does not further transport the fish by boat.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

RECREATIONAL FISHERMAN shall be defined as those individuals taking and/or catching seafood for recreation or personal consumption.

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

BAG LIMIT shall mean the total number of a particular species that a recreational fisherman can retain for a single day's catch.

22 Miss. Admin. Code Pt. 7, R. 103 Rule 103

TROTLINE shall be defined as a stationary anchored line with more than three (3) baited hooks.

22 Miss. Admin. Code Pt. 7, R. 104 Rule 104

SET POLE and LINE shall be defined as a line attached to a pole, suspended over water, located along a shoreline. This gear does not include rods with an attached reel or cane poles actively attended on-site by a fisherman engaged in fishing from the adjacent shoreline.

Chapter 04 Commercial Closure Area

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to commercially take finfish from the marine waters north of the CSX bridges in the three (3) coastal counties of Mississippi, except for any euryhaline species of minnow in the Pascagoula river system.

Chapter 05 Filet Regulations

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for commercial or recreational fishermen to possess fish with heads, tails or flesh removed until delivered to the final destination; however, fish may be eviscerated, scaled or have gills removed. Any charter or recreational fishing boat fishing outside the state’s waters in the Gulf of Mexico over twenty-four (24) hours before returning to land and filing a float plan with the Department of Marine Resources may possess filleted fish in Mississippi waters. Said float plan must be received and filed with the Department of Marine Resources prior to departure and during the regular operating hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, and a copy of which must be on board said vessel for the duration of the trip. Said float plan must be submitted on forms provided by the Department of Marine Resources signed by the applicant and official accepting the float plan; and will contain the following information:

22 Miss. Admin. Code Pt. 7, R. 100.01 Rule 100.01

Name of the applicant 100.02 Owner of the vessel 100.03 Name of the vessel captain 100.04 Official vessel registration number 100.05 Description of the vessel 100.06 Date, time and location of departure 100.07 Destination(s) 100.08 Anticipated date, time, and location of return

Chapter 06 Fish Allowed to Keep for Personal Consumption

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Licensed commercial shrimp fishermen may keep in whole for personal consumption only, the following fish which are caught in shrimp nets or trawls of the vessel: White Trout, Atlantic Croaker, Black Drum, and Ground Mullet (Family Sciaenidae); Sheepshead (Family Sparidae); Gafftopsail Catfish (Family Ariidae); and flounders in the families Pleuronectidae and Bothidae. The cumulative total weight of fish shall not exceed twenty- five (25) pounds. These exemptions for personal consumption does not apply to fish that are otherwise illegal to possess.

Chapter 07 Charter Boat Exemption from Certain Bag Limits

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Persons on a licensed charter boat or headboat may possess a two-day (2) bag limit only when complying with the following conditions and only for the species listed in 100.06 of this chapter.

22 Miss. Admin. Code Pt. 7, R. 100.01 Rule 100.01

Charter boats must be less than one hundred (100) gross tons and meet Coast Guard requirements to carry six or fewer passengers. 100.02 Headboats must hold a valid certificate of inspection issued by the Coast Guard. 100.03 The charter boat or headboat must possess a reef fish permit if fishing for reef fish or in possession of reef fish in the EEZ.

22 Miss. Admin. Code Pt. 7, R. 100.04 Rule 100.04

The charter boat or headboat must have two (2) coast guard certified captains aboard (as required by Coast Guard regulations for trips over twelve (12) hours). 100.05 Each person aboard the charter boat or headboat must possess a certificate, issued in the name of the chartering company, stating the time and date the charter left the dock and the trip must be in excess of twenty-four (24) hours. 100.06 King and Spanish Mackerel, snappers (Red, Vermillion, Lane, Gray, Mutton, Yellowtail, Schoolmaster, Cubera, Dog, Mahogany, Queen, Blackfin, Silk, and Wenchman), groupers (Misty, Snowy, Yellowedge, Warsaw, Speckled Hind, Red, Yellowfin, Black, Gag, Scamp, Yellowmouth, Rock Hind, and Red Hind), Hogfish, Gray Triggerfish, Lesser Amberjack, Banded Rudderfish, Almaco Jack, Goldface Tilefish, Anchor Tilefish, Tilefish, Blackline Tilefish, Blueline Tilefish, and Greater Amberjack.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

A licensed for-hire vessel may obtain a two-day bag limit endorsement from the Department for a fee of $100 per year. The endorsement allows the vessel to possess a two-day bag limit (whole or filleted) of Spotted Seatrout, Red Drum, and Southern Flounder under all of the following conditions:

22 Miss. Admin. Code Pt. 7, R. 101.01 Rule 101.01

The endorsement only applies while fishing in Mississippi territorial waters. 101.02 The trip must extend beyond 24 hours before returning to the mainland. 101.03 The harvest must comply with Mississippi’s current size limits, regardless of the place of harvest. 101.04 The harvest must comply with Mississippi daily catch limits. This endorsement does not authorize any person to take more than one daily Mississippi bag limit during one calendar day. 101.05 The vessel must obtain a float plan from the Department prior to each trip. 101.06 The vessel may possess the two-day limit only during its final return to the mainland. During the final return, fishing is prohibited.

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

The vessel operator must file a float plan with the Department during regular office hours prior to disembarking. A copy of the float plan must be on board the vessel for the duration of the trip. The float plan must be submitted on forms provided by the Department and must contain the following:

22 Miss. Admin. Code Pt. 7, R. 102.01 Rule 102.01

Name of the applicant. 102.02 Owner of the vessel. 102.03 Name of the vessel captain. 102.04 Official vessel registration number. 102.05 Description of the vessel. 102.06 Date, time, and location of departure. 102.07 Passenger manifest. 102.08 Destinations. 102.09 Anticipated date, time, and location of return. 102.10 Signatures of the applicant and the Department official receiving the plan.

22 Miss. Admin. Code Pt. 7, R. 103 Rule 103

The vessel’s captain and crew are prohibited from keeping a recreational bag limit of Red Drum and Southern Flounder while exercising the endorsement. The presence of the captain and crew does not count towards the vessel’s daily possession limit for the species listed above.

22 Miss. Admin. Code Pt. 7, R. 104 Rule 104

Charter vessel captain and crew are prohibited from keeping a recreational bag limit of Red Snapper, Greater Amberjack, and Spotted Seatrout.

22 Miss. Admin. Code Pt. 7, R. 105 Rule 105

This Chapter shall renew automatically on an annual basis for a one-year period unless the Commission initiates a review of this section.

Chapter 08 Recreational Bag, Possession and Size Limits

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for a recreational fisherman to possess any fish in excess of a one (1) day bag limit of the following named species as prescribed:

22 Miss. Admin. Code Pt. 7, R. 100.01 Rule 100.01

Fifteen (15) Spotted Seatrout (Cynoscion nebulosus) 100.02 Three (3) Red Drum (Sciaenops ocellatus) 100.03 Two (2) Cobia (Rachycentron canadum) 100.04 Three (3) King Mackerel (Scomberomorus cavalla) 100.05 One (1) Greater Amberjack (Seriola dumerili) 100.06 Two (2) Red Snapper (Lutjanus campechanus) 100.07 Fifteen (15) Spanish mackerel (Scomberomorus maculatus) 100.08 Ten (10) flounder (Paralichthys sp.) 100.09 Five (5) Hogfish (Lachnolaimus maximus) 100.10 Three (3) Tripletail (Lobotes surinamensis) 100.11 Fifteen (15) Sheepshead (Archosargus probatocephalus) 100.12 Ten (10) in aggregate: 100.12.01 Gray Snapper (Lutjanus griseus) 100.12.02 Mutton Snapper (Lutjanus analis) – may possess (5) within the (10) fish aggregate 100.12.03 Yellowtail Snapper (Ocyurus chrysurus) 100.12.04 Schoolmaster (Lutjanus apodus) 100.12.05 Cubera (Lutjanus cyanopterus) 100.12.06 Dog (Lutjanus jocu) 100.12.07 Mahogany (Lutjanus mahogany) 100.12.08 Queen (Etelis oculatus) 100.12.09 Blackfin (Lutjanus buccanella) 100.12.10 Silk (Lutjanus vivamus) 100.12.11 Wenchman (Pristipomoides aquilonaris) 100.13 Four (4) in the grouper aggregate: 100.13.01 Misty Grouper (Epinephelus mystacinus) 100.13.02 Snowy Grouper (Epinephelus niveatus) 100.13.03 Yellowedge Grouper (Epinephelus flavolimbatus) 100.13.04 Red Grouper (Epinephelus morio)

22 Miss. Admin. Code Pt. 7, R. 100.13.05 Rule 100.13.05

Yellowfin Grouper (Mycteroperca venenosa) 100.13.06 Black Grouper (Mycteroperca bonaci) 100.13.07 Gag Grouper (Mycteroperca microlepis) – may possess two (2) within the four (4) fish grouper aggregate 100.13.08 Scamp (Mycteroperca phenax) 100.13.09 Yellowmouth (Mycteroperca interstitialis) 100.13.10 Rock Hind (Epinephalus adscensionis) 100.13.11 Red Hind (Epinephalus guttatus) 100.14 One (1) per vessel within the four (4) fish grouper aggregate: 100.14.01 Speckled Hind (Epinephelus drummondhayi) 100.14.02 Warsaw Grouper (Epinephelus nigritus) 100.15 Twenty (20) in reef fish aggregate: 100.15.01 Gray Triggerfish (Balistes capriscus) – may possess one (1) within the twenty (20) reef fish aggregate 100.15.02 Vermillion Snapper (Rhomboplites aurorubens) 100.15.03 Lane Snapper (Lutjanus synagris) 100.15.04 Almaco Jack (Seriola rivoliana) 100.15.05 Goldface Tilefish (Caulolatilus chrysops) 100.15.06 Anchor Tilefish (Caulolatilus intermedius) 100.15.07 Tilefish (Lopholatilus chamaeleonticeps) 100.15.08 Blacklined Tilefish (Caulolatilus cyanops) 100.15.09 Bluelined Tilefish (Caulolatilus microps) 100.16 Five (5) in aggregate: 100.16.01 Lesser Amberjack (Seriola fasciata) 100.16.02 Banded Rudderfish (Seriola zonata) 100.17 Three (3) - Yellowfin Tuna (Thunnus albacares) 100.18 It shall be unlawful for recreational fishermen to possess more than four (4) of the following shark species in aggregate per person per day (small coastal sharks): 100.18.01 Atlantic Sharpnose (Rhizoprionodon terraenovae) 100.18.02 Finetooth (Carcharhinus isodon) 100.18.03 Blacknose (Carcharhinus acronotus) 100.18.04 Bonnethead (Sphyrna tiburo) 100.19 It shall be unlawful for recreational fishermen to possess more than one (1) of the following shark species per person per day and no more than three (3) of the following shark species in aggregate per vessel per day (large coastal and pelagic sharks): 100.19.01 Blacktip (Carcharhinus limbatus) 100.19.02 Spinner (Carcharhinus brevipinna) 100.19.03 Bull (Carcharhinus leucas) 100.19.04 Tiger (Galeocerdo cuvieri) 100.19.05 Lemon (Negaprion brevirostris) 100.19.06 Nurse (Ginglymostoma cirratum) 100.19.07 Scalloped Hammerhead (Sphyrna lewini) 100.19.08 Great Hammerhead (Sphyrna mokarran) 100.19.09 Smooth Hammerhead (Sphyrna zygaena) 100.19.10 Shortfin Mako (Isurus oxyrinchus)

22 Miss. Admin. Code Pt. 7, R. 100.19.11 Rule 100.19.11

Porbeagle (Lamna nasus) 100.19.12 Thresher (Alopias vulpinus) 100.19.13 Blue (Prionace glauca) 100.19.14 Oceanic Whitetip (Carcharhinus longimanus) 100.20 It shall be unlawful for recreational fishermen to possess any of the following species of sharks (protected Species of Sharks): 100.20.01 Sand Tiger (Odontaspis taurus) 100.20.02 Bigeye Sand Tiger (Odontaspis noronhai) 100.20.03 Whale (Rhincodon typus) 100.20.04 Basking (Cetorhinus maximus) 100.20.05 White (Carcharodon carcharias) 100.20.06 Dusky (Carcharhinus obscurus) 100.20.07 Bignose (Carcharhinus altimus) 100.20.08 Galapagos (Carcharhinus galapagensis) 100.20.09 Night (Carcharhinus signatus) 100.20.10 Caribbean Reef (Carcharhinus perezi) 100.20.11 Narrowtooth (Carcharhinus brachyurus) 100.20.12 Caribbean Sharpnose (Rhizorionodon porosus) 100.20.13 Smalltail (Carcharhinus porosus) 100.20.14 Atlantic Angel (Squatina dumerili) 100.20.15 Longfin Mako (Isurus paucus) 100.20.16 Bigeye Thresher (Alopias superciliousus) 100.20.17 Sevengill (Heptranchias perlo) 100.20.18 Sixgill (Hexanchus griseus) 100.20.19 Bigeye Sixgill (Hexanchus vitulus) 100.20.20 Sandbar (Carcharhinus plumbeus) 100.20.21 Silky (Carcharhinus falciformis) 100.21 It shall be unlawful for recreational fishermen to possess more than one (1) Atlantic Tarpon (Megalops atlanticus) per vessel per day.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful.

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

It shall be unlawful for recreational fishermen to possess any of the following named species of fish under the lengths prescribed:

22 Miss. Admin. Code Pt. 7, R. 102.01 Rule 102.01

Spotted Seatrout – fifteen (15) inches (total length). 102.02 Red Drum – eighteen (18) inches (total length). 102.03 Cobia – thirty-six (36) inches (fork length). 102.04 Greater Amberjack – thirty-four (34) inches (fork length). 102.05 Red Snapper – sixteen (16) inches (total length). 102.06 Mutton Snapper – eighteen (18) inches (total length). 102.07 Vermillion Snapper – ten (10) inches (total length). 102.08 Lane Snapper – eight (8) inches (total length). 102.09 Gray, Schoolmaster, Cubera, Dog, Mahogany, and Yellowtail Snapper – twelve (12) inches (total length).

22 Miss. Admin. Code Pt. 7, R. 102.10 Rule 102.10

Red and Yellowfin Grouper – twenty (20) inches (total length). 102.11 Gag and Black Grouper – twenty-four (24) inches (total length). 102.12 Scamp – sixteen (16) inches (total length). 102.13 Gray Triggerfish – fifteen (15) inches (fork length). 102.14 Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 102.15 King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 102.16 flounders (Paralicthys sp.) – twelve (12) inches (total length). 102.17 small coastal sharks – twenty-five (25) inches total length. 102.18 large coastal sharks – thirty-seven (37) inches total length. 102.19 Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 102.20 Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 102.21 Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 102.22 Blue Marlin (Makaira nigricans) – ninety-nine (99) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.23 White Marlin (Tetrapturus albidus) – sixty-six (66) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.24 Sailfish (Istiophorus platypterus) – sixty-three (63) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.25 Hogfish (Lachnolaimus maximus) – fourteen (14) inches (fork length) 102.26 Tripletail (Lobotes surinamensis) eighteen (18) inches total length 102.27 Sheepshead (Archosargus probatocephalus) fourteen (14) inches total length 102.28 Swordfish (Xiphias gladius) – forty-seven (47) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.29 Atlantic Tarpon (Megalops atlanticus) – seventy-five (75) inches fork length.

22 Miss. Admin. Code Pt. 7, R. 103 Rule 103

However, recreational fishermen not fishing in Mississippi waters may transport and land fish that meet the minimum size and creel limits of the waters in which they were legally caught. Said recreational fishermen must possess a valid saltwater sportfishing license as may be required in the waters where the fish were caught. In the absence of minimum size or creel limits in another jurisdiction, Mississippi law will prevail.

22 Miss. Admin. Code Pt. 7, R. 104 Rule 104

It shall be unlawful for saltwater commercial or recreational fishermen to possess more than one (1) Red Drum exceeding thirty (30) inches total length for a single day's catch.

22 Miss. Admin. Code Pt. 7, R. 105 Rule 105

It shall be unlawful for any fisherman to remove an Atlantic Tarpon (Megalops atlanticus) over the length of forty (40) inches from the water unless the intent is to harvest within the limits defined in Sections 100 and 102 of this chapter.

Chapter 09 Commercial Size, Possession and Catch Limits

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation, to barter, sell, offer for sale or transport for sale or possess for sale in or from the State of Mississippi the following named species of fish under the lengths prescribed:

22 Miss. Admin. Code Pt. 7, R. 100.01 Rule 100.01

Red Drum – eighteen (18) inches (total length). 100.02 Spotted Seatrout – fourteen (14) inches (total length). 100.03 flounders (Paralicthys sp.) – twelve (12) inches (total length). 100.04 Tripletail (Lobotes surinamensis) eighteen (18) inches total length. 100.05 mullet (Mugil sp.) – ten (10) inches (total length). 100.06 Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 100.07 King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 100.08 Red Snapper – thirteen (13) inches (total length). 100.09 Vermillion Snapper – ten (10) inches (total length). 100.10 Lane Snapper – eight (8) inches (total length). 100.11 Mutton Snapper – eighteen (18) inches (total length) 100.12 Gray, Mahogany, Schoolmaster, Dog, Cubera, and Yellowtail Snapper – twelve (12) inches (total length). 100.13 Blackfin, Queen, Silk and Wenchman snapper – no minimum length. 100.14 Tilefish – no minimum length. 100.15 Red Grouper – eighteen (18) inches (total length). 100.16 Yellowfin Grouper – twenty (20) inches (total length). 100.17 Black Grouper – twenty-four (24) inches (total length). 100.18 Gag Grouper – twenty-four (24) inches (total length). 100.19 Scamp – sixteen (16) inches (total length). 100.20 Yellowmouth, Rock Hind, Red Hind Grouper – no minimum length. 100.21 Misty, Snowy Yellowedge, Warsaw, Speckled Hind Grouper – no minimum length. 100.22 Gray Triggerfish – fourteen (14) inches (fork length). 100.23 Hogfish (lachnolaimus maximus) – fourteen (14) inches (fork length). 100.24 Greater Amberjack – thirty-six (36) inches (fork length). 100.25 Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 100.26 Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 100.27 Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 100.28 Small Coastal Sharks – twenty-five (25) inches total length 100.29 Large Coastal Sharks – thirty-seven (37) inches total length

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

It shall be unlawful for commercial fishermen to possess any of the following species of sharks: 101.01 Sand Tiger (Odontaspis taurus) 101.02 Bigeye Sand Tiger (Odontaspis noronhai) 101.03 Whale (Rhincodon typus)

22 Miss. Admin. Code Pt. 7, R. 101.04 Rule 101.04

Basking (Cetorhinus maximus) 101.05 White (Carcharodon carcharias) 101.06 Dusky (Carcharhinus obscurus) 101.07 Bignose (Carcharhinus altimus) 101.08 Galapagos (Carcharhinus galapagensis) 101.09 Night (Carcharhinus signatus) 101.10 Caribbean Reef (Carcharhinus perezi) 101.11 Narrowtooth (Carcharhinus brachyurus) 101.12 Caribbean Sharpnose (Rhizorionodon porosus) 101.13 Smalltail (Carcharhinus porosus) 101.14 Atlantic Angel (Squatina dumerili) 101.15 Longfin Mako (Isurus paucus) 101.16 Bigeye Thresher (Alopias superciliousus) 101.17 Sevengill (Heptranchias perlo) 101.18 Sixgill (Hexanchus griseus) 101.19 Bigeye Sixgill (Hexanchus vitulus) 101.20 Sandbar (Carcharhinus plumbeus) sharks may only be possessed by fishermen possessing a research fishery permit issued by the National Marine Fisheries Service. 101.21 Silky (Carcharhinus falciformis)

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

It shall be unlawful for any commercial fishermen to possess any Cobia smaller than thirty- six (36) inches fork length or to possess more than a daily bag limit of two (2) Cobia per person.

22 Miss. Admin. Code Pt. 7, R. 103 Rule 103

It shall be unlawful for any commercial fisherman, person, firm or corporation, to sell, barter or trade any species of reef fish (identified in Chapter 09 Sections 100.08 through 100.25) without possessing the proper federal permits and/or licenses required by the NOAA Gulf of Mexico Reef Fish Fishery Management Plan and complying with any other conditions set forth by federal or state regulations for the management of the identified reef fish.

22 Miss. Admin. Code Pt. 7, R. 104 Rule 104

It shall be unlawful for any commercial fisherman, person, firm or corporation, to possess or harvest from Mississippi territorial waters, in excess of three thousand pounds (3,000) of King Mackerel, per vessel, per trip, per day.

22 Miss. Admin. Code Pt. 7, R. 105 Rule 105

It shall be unlawful for person, firm, or corporation to sell or purchase the following species of billfish without the proper federal documentation: Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus), and Sailfish (Istiophorus platypterus).

22 Miss. Admin. Code Pt. 7, R. 106 Rule 106

From and after January 1, 2012 the annual Total Allowable Catch (TAC) for commercial landings of flounder (Paralicthys sp.) will be set at seventy-four thousand (74,000) pounds. The 2012 commercial fishing season for landing flounder shall commence on January 1, 2012 and end December 31, 2012. Thereafter, the TAC shall commence on January 1 and end on December 31 of each subsequent year. The commercial fishing season for the current season will run from October 1, 2010 to December 31, 2011 and the TAC will be set at ninety-two thousand five hundred (92,500) pounds.

22 Miss. Admin. Code Pt. 7, R. 107 Rule 107

From and after October 1, 2015 the annual Total Allowable Catch (TAC) for commercial landings of Red Drum (Sciaenops ocellatus) will be set at sixty thousand (60,000) pounds. The TAC shall commence on January 1 st and end on December 31 st of each year. The commercial TAC for the fishing season shall be divided into three four month periods as follows: January 1 st – April 30 th twenty thousand pounds (20,000); May 1 st – August 31 st

twenty thousand pounds (20,000); September 1 st – December 31 st twenty thousand pounds (20,000). In the event the commercial TAC is not met or exceeded in any time period, the pounds shall be added or subtracted to the following time period.

22 Miss. Admin. Code Pt. 7, R. 108 Rule 108

From and after February 1 st , 2013 the annual Total Allowable Catch (TAC) for commercial landings of Spotted Seatrout (Cynoscion nebulosus) will be set at fifty thousand (50,000) pounds. The 2015 commercial fishing season for landing Spotted Seatrout shall commence on February 1 st , 2015 and end October 31, 2015 and each subsequent year thereafter. The commercial TAC for the fishing season shall be divided into two periods as follows: February 1 st – May 31 st twenty-five thousand pounds (25,000); June1 st – October 31 st twenty- five thousand pounds (25,000). In the event the commercial TAC is not met or exceeded in the first time period (February 1 st – May 31 st ) the pounds shall be added or subtracted to the second time period (June1 st – October 31 st ).

22 Miss. Admin. Code Pt. 7, R. 109 Rule 109

Beginning January 1, 2019 individuals commercially harvesting Spotted Seatrout (Cynoscion nebulosus) must possess a Spotted Seatrout endorsement ($10.00) in addition to a current applicable harvester’s license. To qualify for this endorsement an application must be completed. For the 2019 fishing season the fisher must present documentation that a minimum of twenty (20) percent of their taxable income came from commercial fishing activities in a previous tax year between 2013-2018. Documentation shall be a copy of the appropriate filed IRS tax form showing the applicant’s taxable income for one of those years. A Marine Fisheries Trip Ticket officer will then run a sales summary for the year chosen using trip tickets to determine if the eligibility requirement has been met. This endorsement will be valid for a one-year period at which time a new application with qualifying documents for the previous tax year shall be submitted for a new endorsement. The endorsement will be valid from January 1 st – December 31 st each year. In the event of a hardship approved by the Commission, the department may consider qualifying documents for the two years prior to the onset of the hardship. 110 The following provisions are provided to address safety concerns and allow fishermen to have another individual on board in case of an emergency.

For commercial hook and line fishermen, if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement; however, that fisherman is required to possess an applicable commercial harvester’s license. If two or more commercial hook and line fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement.

For net fishermen, the vessel must possess a valid fishing boat license and if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement. If two or more net fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement.

22 Miss. Admin. Code Pt. 7, R. 111 Rule 111

It shall be unlawful for any commercial fisherman to possess a daily bag limit of more than three (3) Tripletail per person.

22 Miss. Admin. Code Pt. 7, R. 112 Rule 112

If any person, firm, or corporation, barters, sells, offers to sale or transports for sale or possesses for sale in the State of Mississippi any species of fish under the lengths or for which the fishing season is closed as prescribed in Title 22 Part 7 said person, firm or corporation shall possess valid documentation from the state or country of origin evidencing that the fish were legally harvested.

22 Miss. Admin. Code Pt. 7, R. 113 Rule 113

Beginning January 1, 2020, any individual or vessel commercially harvesting small coastal or large coastal sharks in Mississippi’s territorial waters must possess a MDMR shark endorsement (10.00) in addition to a current applicable harvester license. In addition, all individuals applying for a shark endorsement must be a Mississippi resident and present documentation of the successful completion of a MDMR approved shark identification exam and protected species safe handling workshop. The open season in Mississippi territorial waters for the commercial harvest of sharks shall run concurrent with federal shark seasons for the Western Gulf of Mexico Sub-Region.

22 Miss. Admin. Code Pt. 7, R. 113.01 Rule 113.01

The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful. All sharks commercially harvested in Mississippi state territorial water must be landed in whole form with fins naturally attached by at least some portion of uncut skin. Sharks may be gutted prior to landing. 113.02 It shall be unlawful for any commercial fisherman to possess a daily bag limit of more than twenty-five (25) small and large coastal sharks in aggregate per vessel per day.

22 Miss. Admin. Code Pt. 7, R. 114 Rule 114

It shall be unlawful for any person, firm, or corporation, to barter, sell, offer for sale or transport for sale or possess for sale Atlantic Tarpon (Megalops atlanticus).

22 Miss. Admin. Code Pt. 7, R. 115 Rule 115

It shall be unlawful for any commercial fishermen to possess any Atlantic Tarpon smaller than seventy-five (75) inches fork length or to possess more than a daily bag limit of one (1) Atlantic Tarpon per vessel.

Chapter 10 Unlawful to Sell or Buy Recreational Caught Fish

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for recreational fishermen to sell or offer for sale any seafood caught in or landed in the State of Mississippi and only licensed commercial fishermen may catch and sell seafood. Furthermore, it shall be unlawful for any person, firm or corporation to purchase, buy, barter for, or trade for any seafood caught in or landed in the State of Mississippi that was caught or landed by a recreational fisherman, or that was transported into the State of Mississippi by a recreational fisherman.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

It shall be unlawful for any person, firm or corporation to transport or deliver any recreationally caught finfish into a building or structure used by any commercial business or establishment that buys, sells or processes finfish. Furthermore, it shall be unlawful for any commercial business or establishment that buys, sells or processes finfish to receive or possess recreationally caught finfish.

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

The commission may issue special permits, for the purpose of possessing recreationally caught mullet (Mugil sp.) in a building or structure used by any commercial business or establishment that buys, sells or processes seafood, to those nonprofit organizations that are tax exempt under Section 501 (c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. A copy of this permit must be possessed by the commercial business or establishment.

Chapter 11 Bluefin Tuna Possession Restrictions

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to take, catch, or have in possession any Atlantic Bluefin Tuna in the waters of the State of Mississippi except for incidental catches by recreational fishermen.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

It is unlawful for landings of incidental catches of Atlantic Bluefin Tuna by recreational fishermen to exceed one (1) fish per boat per week, and landings must be reported to the Mississippi Department of Marine Resources.

Chapter 12 Fish Unlawful to Possess

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to take, catch, or have in possession any Goliath Grouper (Epinephelus itajara), Nassau Grouper (Epinephelus striatus), Longbill Spearfish (Tetrapturus pfluegeri), Smalltooth Sawfish (Pristis pectinata), or Largetooth Sawfish (Pristis perotteti) in the waters of the State of Mississippi.

Chapter 13 Trotline Regulations

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Anyone trotline fishing south of Interstate 10 shall be registered with the DMR and be issued a unique number that is to be attached along with the fisherman’s name to both ends of the trot line in indelible ink on corrosion resistant tags so that it is readable by DMR personnel.

If name and number is not attached to both ends and readable by DMR personnel and tending the bottom, the line will be deemed illegal and may be confiscated by DMR personnel. Additionally, a Marine Patrol Officer will issue a ticket to anyone operating an illegal trotline.

22 Miss. Admin. Code Pt. 7, R. 101 Rule 101

From and after January 1, 2020 both recreational and commercial trotline tags shall be renewed on an annual basis. Trotline tags will be valid from January 1 st – December 31 st of each year.

Chapter 14 Set Pole and Line Regulations

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Anyone set pole and line fishing must be on-site and attending their gear from a distance of no greater than fifty (50) feet and be available to move gear to allow for safe navigation.

22 Miss. Admin. Code Pt. 7, R. 101 Illegal to use a set pole and line with more than one (1) hook

22 Miss. Admin. Code Pt. 7, R. 102 Rule 102

Illegal for any individual to use more than ten (10) set poles and lines in any marine waters south of Interstate 10.

Chapter 15 Gear Restriction in Reef Areas

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

In the permitted reef areas bounded by the below coordinates it shall be illegal to fish with more than three (3) hooks per line or to use spear fishing gear equipped with power heads.

22 Miss. Admin. Code Pt. 7, R. 100.01 Rule 100.01

FH 4 - 3010.600/-8854.100,3010.245/-8854.100, 3010.600/-8853.600, 3010.395/- 8853.600 100.02 FH 8 3016.100/-8857.600,3015.900/-8857.600, 3016.100/8857.800,3015.900/8857.800 100.03 FH 9/11 – 3016.000/-8853.600, 3015.300/-8853.600, 3016.000/- 8854.300, 3015.300/-8854.300 100.04 FH 10 - 3016.00/-8838.900,3015.860/-8838.900, 3016.000/-8839.000, 3015.860/- 8839.000 100.05 FH 14 - 3012.440/-8849.499, 3012.200/-8849.499, 3012.440/-8849.720, 3012.200/-8849.720 100.06 Cat Island Reef - 3012.282/-8904.899, 3012.053/-8905.068, 3012.152/-8904.631, 3011.929/-8904.790

Chapter 16 Penalties

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Any person, firm, or corporation violating any of the provisions of Title 22 Part 7 shall be guilty of a misdemeanor and on conviction shall be penalized as provided by law. Violations of more than one (1) section or subsection of this Title 22 Part 7, or part thereof, shall be considered separate offenses and punished as such.

Chapter 17 Sections and Subsections Declared Separable

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Each section and subsection of Title 22 Part 7 shall be declared separable, and if any section or subsection or part thereof shall be held invalid or unconstitutional, the balance of said Title 22 Part 7 shall remain in full force and effect.

Chapter 18 Administrative Procedures Act

22 Miss. Admin. Code Pt. 7, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, Section 25 43-101.1, et seq., of the Mississippi Code of 1972, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 7.0029 has been modified and the commission and department 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.

TITLE 22 MISSISSIPPI DEPARTMENT OF MARINE RESOURCES, Part 7 REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS ON CERTAIN FISH SPECIES AND TO PREVENT SALE OF SEAFOOD BY RECREATIONAL FISHERMEN, shall be in effect and be in force from and after the 18 th day of June 2020.

Adopted this the 19 th day of May 2020.

MISSISSIPPI COMMISSION ON MARINE RESOURCES

By: /S/ Mark H. Havard______________________________ Mark H. Havard, III, Chairman

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

By: /S/ Joe Spraggins_____________________________ Joe Spraggins, Executive Director

History

• Source: Miss. Code Ann § 49-15-15 (Rev. July 1, 2009)

Part 8 RULES AND REGULATIONS FOR OFFICIAL STANDARDS OF MEASURE AND DEFINITIONS FOR MARINE FISHERIES IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

The measures and definitions described in this Part shall be utilized by the Mississippi Commission on Marine Resources (MCMR), their inspectors, enforcement officers, employees, and all other persons connected therewith. These measures and definitions shall apply generally to all Parts, rules and regulations of the MCMR. However, the specific measures or definitions found in any particular Part shall be controlling in the event of the absence or material conflict of the same specific measure or definition in this Part.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

The MCMR is authorized to set standards of measure; as provided for in § 49-15-15 of the Mississippi Code Ann. of 1972, as amended; and such standards of measure are necessary to properly carry out the duties and regulations of the MCMR.

22 Miss. Admin. Code Pt. 8, R. 101 Rule 101

The MCMR is authorized by § 49-15-15 of the Mississippi Code Ann. of 1972, as amended, to enact all regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi.

Chapter 03 Measures

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

Barrel Shrimp: Two hundred ten (210) pounds of raw whole shrimp shall be one (1) barrel. One hundred thirty-two (132) pounds of raw headless shrimp shall be one (1) barrel.

22 Miss. Admin. Code Pt. 8, R. 101 Rule 101

Barrel Oysters: 5.96 cubic feet (10,306.2 cubic inches) of whole oysters in Mississippi shall be one (1) barrel.

22 Miss. Admin. Code Pt. 8, R. 102 Rule 102

Sack Oysters: 1.98 cubic feet (3435.4 cubic inches) of whole oysters in Mississippi shall be one (1) sack and the standard measure for said sack shall consist of a tub or other round vessel of the following dimensions. It shall measure 18 inches in diameter inside at the top, and 14 inches in diameter inside at the bottom, and 17 inches from bottom to top, the unit of such tub or sack measure to be in the shape of a frustum of a cone, the volume of which is determined by the formula: V = 1/3 h(r t

• r b

• r t r b ) where V = Volume,  = 3.14, h = height, r t = top radius, r b = bottom radius. One (1) of these measures filled level to the top shall make one (1) sack.

Chapter 04 Definitions

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

ADULTERATED - Shellfish shall be deemed to be adulterated if any foreign substance has been added to the shellfish, or has been mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

22 Miss. Admin. Code Pt. 8, R. 101 Rule 101

APPROVED AREA - Waters where the growing and harvesting of shellfish for direct marketing is allowed by the authority of the MCMR or as hereby authorized the Mississippi Department of Marine Resources (MDMR) its Executive Director, Deputy Director, Director of Marine Fisheries or Shellfish Program Coordinator; where pathogenic micro-organisms, poisonous and deleterious substances are not present in the area in dangerous concentrations and; where bacteriological quality of the water of every sampling station does not exceed a fecal coliform median or geometric mean MPN of 14 per 100 ml, and not more than 10 percent of the samples exceed an MPN of 43 for a 5-tube decimal dilution test or an MPN of 49 per 100 ml. for a 3-tube decimal dilution test. An approved area may be temporarily closed when a public health emergency resulting from, for example, a hurricane, flooding, chemical spill, hazardous waste or raw sewage discharge, sinking or grounding of vessels carrying hazardous cargoes, evidence of the existence of marine biotoxins, or any other public health emergency as declared by the MCMR or as hereby authorized the MDMR, its Executive Director, Deputy Director, Director of Marine Fisheries or Biological Program Coordinator thereof.

22 Miss. Admin. Code Pt. 8, R. 102 Rule 102

APPROVED DEGRADABLE MATERIAL - shall be defined as a material which after one (1) year of immersion in water loses at least fifty (50) percent of its tensile strength and for which a field test must be available to analyze the material for authenticity or the net must have a placard issued by the MDMR which will be permanently attached to the net certifying that the net is made of an approved degradable material. Any material previously approved by the MCMR under Part 5 shall be deemed an "approved degradable material" for purposes of this Part, regardless of whether the material meets the fifty (50) percent loss in tensile strength after one (1) year of immersion in water.

22 Miss. Admin. Code Pt. 8, R. 103 Rule 103

BAG LIMIT - shall mean the total number of a particular species, or species in aggregate, that a fisherman can retain for a single day's catch.

22 Miss. Admin. Code Pt. 8, R. 104 Rule 104

BAIT SHRIMP - shall mean saltwater shrimp that count one hundred (100) or fewer shrimp per pound, and are intended solely for use as bait to be sold or dispensed alive or dead with heads attached to recreational fishermen, or licensed live bait dealers as permitted within the State of Mississippi.

22 Miss. Admin. Code Pt. 8, R. 105 Rule 105

BIB or TONGUE - shall mean an extension of the middle section of the upper part of the net with a triangular piece of webbing. The bib or tongue requires additional line(s), other than the lines attached to the trawl boards, which run from the bridle or boat to the bib or tongue.

22 Miss. Admin. Code Pt. 8, R. 106 Rule 106

BULK SALES - shall mean any sale, barter, trade, exchange or otherwise dispensing of dead shrimp consisting of more than five (5) pounds per person per day; or any sale, barter, trade, exchange or otherwise dispensing of live shrimp of more than five hundred (500) live bait shrimp per person per day.

22 Miss. Admin. Code Pt. 8, R. 107 Rule 107

CAST NET - shall mean any cast net or brille net or any circular or conical weighted net designed to be thrown downward by hand and withdrawn by an attached line.

22 Miss. Admin. Code Pt. 8, R. 108 Rule 108

CERTIFIED INTERSTATE SHELLFISH SHIPPER - An individual, firm or corporation who has been issued a numbered permit by the MCMR or as hereby authorized the MDMR, its Executive Director, Deputy Director, Director of Marine Fisheries or Biological Program Coordinator, or a non-resident individual, firm or corporation who has been issued a numbered license or permit by the non-resident's appropriate State Shellfish Control Agency indicating that the individual, firm or corporation operates in compliance with the sanitation and program regulations of the National Shellfish Sanitation Program, and is therefore eligible to participate in the interstate shipment of shellfish.

22 Miss. Admin. Code Pt. 8, R. 109 Rule 109

CERTIFIED SHELLFISH PLANT - A certified shellfish plant is defined as a shellfish plant which complies with the provisions of this Part and which possesses a valid shellfish processing plant permit from the MCMR or as hereby authorized the MDMR, its Executive Director, Deputy Director, Director of Marine Fisheries or Biological Program Coordinator. A certified shellfish plant is recognized as a Certified Interstate Shellfish Shipper. A certified shellfish plant is designated as either a: Shellstock Shipper (SS), Shucker-Packer (SP), Repacker on (RP) or Reshipper (RS).

22 Miss. Admin. Code Pt. 8, R. 110 Rule 110

CHIEF INSPECTOR - shall mean the highest-ranking marine enforcement supervisor of the MDMR.

22 Miss. Admin. Code Pt. 8, R. 111 Rule 111

CHUM - shall mean any biological or chemical product which is intended solely for use as a fish attractant to be sold or dispensed to recreational fishermen within the State of Mississippi.

22 Miss. Admin. Code Pt. 8, R. 112 Rule 112

COMMISSION - shall mean the Mississippi Commission on Marine Resources (MCMR).

22 Miss. Admin. Code Pt. 8, R. 113 Rule 113

COMMERCIAL EEL FISHING - shall be defined as a fishing activity using traps or pots where the sole purpose is to catch American eels (Anguilla rostrata). It shall be unlawful for any person, firm, or corporation to retain any fish or shellfish other than adult eels while engaged in commercial eel fishing. An adult eel shall be defined as an eel at least six (6) inches in length.

22 Miss. Admin. Code Pt. 8, R. 114 Rule 114

COMMERCIAL FISHERMEN - Anyone who sells, trades, barters or otherwise exchanges or offers to exchange any part of his catch for monetary or personal gain.

22 Miss. Admin. Code Pt. 8, R. 115 Rule 115

CONDITIONALLY APPROVED AREA - Waters that meet approved area criteria for a

predictable period. The period is conditional upon established performance standards specified in a management plan. A conditionally approved shellfish growing area is a closed area when the area does not meet the approved growing area criteria and is temporarily closed by the MCMR or as hereby authorized the MDMR its Executive Director, Deputy Director, Director of Marine or Biological Program Coordinator.

22 Miss. Admin. Code Pt. 8, R. 116 Rule 116

ENTANGLEMENT – a method in which fish are primarily ensnared or entangled by the gills or other boney projections through interaction with gear

22 Miss. Admin. Code Pt. 8, R. 117 Rule 117

ENTRAPMENT - a method in which fish are primarily surrounded and confined, not entangled by the gills or other boney projections, within a space through interaction with gear

22 Miss. Admin. Code Pt. 8, R. 118 EXECUTIVE DIRECTOR - shall mean the Executive Director of MDMR

22 Miss. Admin. Code Pt. 8, R. 119 Rule 119

FIELD TEST - Shall mean (1) a test used to determine whether materials used in a gill or trammel net meet the definition of approved degradable material or are manufactured of cotton or linen, or (2) a test accepted by the MDMR as a scientifically valid test of degradability, devised by manufacturers of degradable gill or trammel net materials. Where the MDMR has accepted a manufacturer’s test and results thereon with regard to degradable materials, the MDMR must receive from any such manufacturer a certification by the manufacturer that the material constructed by it meets the definition of an approved degradable materials as well as a copy of the manufacturers test. Any gill or trammel net to be used in the marine waters of the State of Mississippi, manufactured from any approved degradable material or cotton or linen shall be certified by the MDMR where: 119.01 The material used in the net has been shown to be constructed of such materials by either form of field test described herein and that the MCMR has previously approved the material; and 119.02 The net and a certificate by the net manufacturer demonstrating that the materials were used in the manufacture or construction of the net were of those approved by the MCMR are presented to the MDMR for inspection. Upon such proof, the MDMR shall permanently affix an identifying placard or other marker of the net.

22 Miss. Admin. Code Pt. 8, R. 120 Rule 120

FINAL DESTINATION - shall be defined as a place on the mainland or a barrier island, not including piers or jetties, where the fishermen finally lands his catch and does not further transport the fish by boat.

22 Miss. Admin. Code Pt. 8, R. 121 Rule 121

FOOTROPE - shall mean leadline, footline, groundrope or that lower part of the trawl that the webbing is first attached, that also provides for the weighing down of the trawl by means of lead weights, chain or other means.

22 Miss. Admin. Code Pt. 8, R. 122 Rule 122

GIG – shall be defined as any hand held shaft with one or more points which may or may not be barbed.

22 Miss. Admin. Code Pt. 8, R. 123 Rule 123

GILL NET - shall be defined as any net, of one or more layers, not customarily used for shrimp or menhaden fishing, with a mesh of such size and design as to be used primarily to catch or entangle fish by the gills or other boney projections.

22 Miss. Admin. Code Pt. 8, R. 124 Rule 124

HAUL SEINE – A net set vertically in the water column and pulled by hand or by power to capture fish by entrapment through encircling and confining fish within itself, the shore or bank as a result of mesh size and construction. Haul seines shall be constructed of a mesh size not to exceed fifteen sixteenths (15/16”) bar and one inch and seven eighths (1 7/8”) stretch and shall not be constructed of monofilament.

22 Miss. Admin. Code Pt. 8, R. 125 Rule 125

HEADROPE - shall mean corkline, headline, floatline or that upper part of the trawl that the webbing is first attached, that also provides flotation by means of corks, floats or other means.

22 Miss. Admin. Code Pt. 8, R. 126 Rule 126

INTEREST IN COMMERCIAL SHRIMP OPERATION - shall mean having any direct or indirect pecuniary or financial interest in any commercial shrimp vessel, shrimp processing facility or sale of shrimp for human consumption.

22 Miss. Admin. Code Pt. 8, R. 127 Rule 127

INTEREST IN LIVE BAIT OPERATIONS - shall mean having any direct or indirect pecuniary or financial interest in any live bait catcher boat, live bait shrimp transport vehicle or live bait camp.

22 Miss. Admin. Code Pt. 8, R. 128 Rule 128

KING MACKEREL FISHING - shall be defined as a fishing activity where the sole purpose is to catch king mackerel (Scomberomorus cavalla). It shall be unlawful for any person, firm, or corporation, while engaged in any net fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than king mackerel while king mackerel fishing.

22 Miss. Admin. Code Pt. 8, R. 129 Rule 129

LANDED – When seafood is first brought to a point of land after being harvested and is no longer transported by boat or vessel.

22 Miss. Admin. Code Pt. 8, R. 130 Rule 130

LIVE BAIT CAMP - shall mean any business of a live bait dealer that deals in the selling of live and dead shrimp to recreational fishermen within the State of Mississippi for bait use and has been duly inspected and permitted as a "live bait camp" by the MDMR.

22 Miss. Admin. Code Pt. 8, R. 131 Rule 131

LIVE BAIT CATCHER BOAT - shall mean any watercraft having suitable equipment aboard to properly harvest and retain aboard, in a live condition, shrimp which are intended solely for use as live bait to be sold or dispensed to recreational fishermen within the State of Mississippi and said boat having been duly inspected, permitted and licensed by the MCMR as a "live bait catcher boat" to a particular live bait camp.

22 Miss. Admin. Code Pt. 8, R. 132 Rule 132

LIVE BAIT SHRIMP TRANSPORT VEHICLE - shall mean any motorized vehicle having suitable equipment to properly transport, in a live condition, shrimp which are intended solely for use as live bait to be sold or dispensed to recreational fishermen and said vehicle having been duly inspected and permitted as a "live bait shrimp transport vehicle" by the MDMR.

22 Miss. Admin. Code Pt. 8, R. 133 Rule 133

MISBRANDED - Shucked shellfish shall be deemed to be misbranded if its labeling is false or misleading in any way, or if it does not bear a label containing (1) the name and place of business of the processor or packer (2) an accurate statement of the quantity of the contents in terms of weight, measure, numerical count or size of container, (3) the permit number of the processor or packer (4) net drained weight when packed (5) on packages of sixty-four (64) fluid ounces or more of fresh product, labeled with the date shucked with the wording "DATE SHUCKED" followed by the date expressed as the month, day, and year, or (6) on packages of less than sixty-four (64) fluid ounces of fresh product labeled with the wording "SELL BY" followed by a date expressed as a month, day and year, not to exceed fourteen (14) days from the date shucked. (7) Containers of frozen shucked shellfish shall show the date the product was shucked and the date frozen, labeled as "DATE SHUCKED" and "DATE FROZEN" followed by the date expressed as the month, day, and year. Shucked product previously frozen must be labeled with the wording "PREVIOUSLY FROZEN"

22 Miss. Admin. Code Pt. 8, R. 134 Rule 134

MULLET FISHING - shall be defined as a fishing activity where the sole purpose is to catch mullet (Mugil sp.). It shall be unlawful for any person, firm, or corporation, while engaged in any mullet fishing activity or "set" to catch in excess of ten percent (10%) by weight of species other than mullet.

22 Miss. Admin. Code Pt. 8, R. 135 Rule 135

PLACARD - Marking or identification permanently attached to nets or fishing devices that verifies that they meet specified requirements such as an approved degradable material.

22 Miss. Admin. Code Pt. 8, R. 136 Rule 136

PROHIBITED AREA - Waters that are prohibited for the harvest of shellfish for any purpose except depletion. A prohibited shellfish growing area is a closed area for the harvesting of shellfish at all times.

22 Miss. Admin. Code Pt. 8, R. 137 Rule 137

PURSE SEINE - shall be defined as any net or device commonly known as a purse seine and/or ring net that can be pursed or closed by means of a drawstring or other device that can be drawn to close the bottom of the net, or the top of the net, or both. Such nets are

constructed of mesh of such size and design as not to be used primarily to entangle commercial size fish by the gills or other boney projections.

22 Miss. Admin. Code Pt. 8, R. 138 Rule 138

PUSH TRAWL - shall mean a trawl that is spread by poles suspended in a "V" configuration from the bow of the trawler.

22 Miss. Admin. Code Pt. 8, R. 139 Rule 139

RECREATIONAL FISHERMAN - shall be defined as those individuals taking and/or catching seafood for recreational or personal consumption, and who does not sell, trade, barter or otherwise exchange or offer to exchange any part of his catch for monetary or personal gain.

22 Miss. Admin. Code Pt. 8, R. 140 Rule 140

REPACKER –RP—A person other than the original certified shucker-packer who repacks shucked shellfish into other containers. A repacker may also repack and ship shellstock. A repacker shall not shuck shellfish.

22 Miss. Admin. Code Pt. 8, R. 141 Rule 141

RESHIPPER -RS- A person who purchases shucked shellfish or shellstock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers.

22 Miss. Admin. Code Pt. 8, R. 142 Rule 142

RESTRICTED AREA - Closed area waters from which shellfish may be harvested only if permitted and subjected to a suitable and effective purification process as determined and permitted by the MCMR.

22 Miss. Admin. Code Pt. 8, R. 143 Rule 143

ROE MULLET SEASON - shall be defined as occurring on and between October 15 through December 15 of each year.

22 Miss. Admin. Code Pt. 8, R. 144 Rule 144

SALTBOX - shall mean any container or similar device in which the salinity is greater than one hundred (100) parts per thousand and is used to aid in separating the shrimp from the bycatch.

22 Miss. Admin. Code Pt. 8, R. 145 Rule 145

SANITARY SURVEY – The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing area water quality.

22 Miss. Admin. Code Pt. 8, R. 146 Rule 146

SEAFOOD PRIVILEGE TAX LICENSE DECAL - A decal issued to a commercial harvester at the time the fisherman purchases a license for the vessel to harvest seafood.

22 Miss. Admin. Code Pt. 8, R. 147 Rule 147

SEINE - shall be defined as any net used to enclose or entrap fish either in a bag or where its ends are pulled together on a vessel or a shore and constructed with a mesh of such size and design as not to be used primarily to ensnare or entangle commercial size fish by the gills or other boney projections.

22 Miss. Admin. Code Pt. 8, R. 148 Rule 148

SHELLFISH - All edible species of oysters, clams, mussels, or scallops; either shucked or in the shell; fresh or frozen; whole or in part.

22 Miss. Admin. Code Pt. 8, R. 149 SHELLSTOCK - Shellfish in the shell

22 Miss. Admin. Code Pt. 8, R. 150 Rule 150

SHELL STOCK SHIPPER –SS – A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck shellfish or to repack shucked shellfish. A shellstock shipper may also ship shucked shellfish.

22 Miss. Admin. Code Pt. 8, R. 151 Rule 151

SHUCKER-PACKER –SP – A person who shucks and packs shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack shellfish originating from other certified dealers.

22 Miss. Admin. Code Pt. 8, R. 152 Rule 152

SIAMESE TRAWL - shall mean a trawl that has two tongues one on the headrope and one on the footrope at or near the center of the net which requires additional line(s), other than the lines attached to the trawl boards, which run from the bridle, outrigger or boat to the tongues.

22 Miss. Admin. Code Pt. 8, R. 153 Rule 153

SKIMMER TRAWL - shall mean a trawl that extends from the outrigger of a vessel with a cable and a lead weight holding the trawl mouth open.

22 Miss. Admin. Code Pt. 8, R. 154 Rule 154

TRAMMEL NET - shall be defined as any device composed of layers of netting material attached to one or more float lines or one or more weighted bottom lines, with the layers of netting being constructed of fine mesh and of larger mesh so that a fish attempting to pass through the device pushes the smaller mesh through the larger mesh creating a pocket or compartment in which the fish is entrapped, entangled, or restricted.

22 Miss. Admin. Code Pt. 8, R. 155 Rule 155

UNCLASSIFIED AREA - Waters that are presently unclassified and from which the harvest of shellfish is prohibited pending classification of the area as prohibited, restricted, conditionally approved, or approved based on a sanitary survey of the area and granting of permission to harvest shellfish in accordance with the respective classification by the MCMR or as hereby authorized the MDMR, its Executive Director, Deputy Director, Director of Marine Fisheries or Biological Program Coordinator.

22 Miss. Admin. Code Pt. 8, R. 156 Rule 156

WING NET - (Butterfly trawl) shall mean a trawl with a rigid frame holding open the trawl mouth rather than using trawl doors.

Chapter 05 Seafood Privilege Tax

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

The seafood privilege tax license decal must be displayed on each vessel engaged in commercial fishing activities but will not be valid without the proper commercial harvesters license. The decal must be displayed next to the state registration number or federal documentation number.

Chapter 06 Penalties

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amended, unless a penalty is specifically provided elsewhere in the Mississippi Code Ann. of 1972, as amended.

Chapter 07 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

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 08 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 8, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such.

Chapter 08 Administrative Procedures Act

22 Miss. Admin. Code Pt. 8, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 8.004 has been modified and the MCMR 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.

Part 9 RULES AND REGULATIONS FOR STATISTICAL REPORTING AND CONFIDENTIALITY OF STATISTICAL DATA FOR MARINE FISHERIES IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 9, R. 1.1 This Part provides regulations for the recording, reporting, and confidentiality of Mississippi seafood landings

MISS. CODE ANN. §§49-13-3, 49-15-1 et seq. and 79-23-1.

CHAPTER 02 JUSTIFICATION AND AUTHORITY

22 Miss. Admin. Code Pt. 9, R. 2.1 Rule 2.1

It is necessary to obtain information on seafood landed or processed in the State of Mississippi to properly manage the marine fisheries resource.

MISS. CODE ANN. §§49-13-3, 49-15-1 et seq. and 79-23-1.

22 Miss. Admin. Code Pt. 9, R. 2.2 Rule 2.2

Information gathered may often be of a confidential nature, the unauthorized disclosure of which could be prejudicial or harmful.

MISS. CODE ANN. §§49-13-3, 49-15-1 et seq. and 79-23-1.

22 Miss. Admin. Code Pt. 9, R. 2.3 Rule 2.3

Proprietary information required to be submitted to the Mississippi Department of Marine Resources (MDMR) is exempt from disclosure.

MISS. CODE ANN. §§49-13-3, 49-15-1 et seq. and 79-23-1.

CHAPTER 03 CONFIDENTIALITY

22 Miss. Admin. Code Pt. 9, R. 3.1 Rule 3.1

All data collected or otherwise obtained by statistical personnel in the course of their duties and other landings data collected by information confidentiality officers of the MDMR are confidential, and unless specific authorization is given, are not to be divulged, except in aggregate form, to any person except employees of the MDMR designated as information confidentiality officers, the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA/NMFS), or agencies of other states that have executed a memorandum of understanding for the sharing of statistical information with the MDMR and the NMFS; whose duties require this information, and have provisions at least as protective for maintaining the confidentiality of such information, except as permitted by law or court order.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 3.2 Information confidentiality officers for the MDMR must be designated as such in writing by the Executive Director

Aggregate form, with respect to data, shall mean data or information submitted by three (3) or more persons that have been summed or assembled in such a manner so as not to reveal, directly or indirectly, the identity or business of any such person.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 3.3 Rule 3.3

The MDMR will not voluntarily release confidential information to other state or federal agencies, except as provided for above, and to the fullest extent possible, will oppose other agency and congressional subpoenas to obtain confidential information. The MDMR will not disclose confidential statistics under court order without specific approval by the State Attorney General’s Office.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

CHAPTER 04 ENFORCEMENT PERSONNEL AUTHROIZED TO INSPECT SALES RECIEPTS

22 Miss. Admin. Code Pt. 9, R. 4.1 Rule 4.1

MDMR enforcement personnel are authorized to inspect any and all seafood purchase and/or sales receipts from firms or individuals, whether or not licensed by the MDMR to ensure reporting requirements listed in this Part.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

CHAPTER 05 FRESH PRODUCT PERMIT/SECONDARY FRESH PRODUCT PERMIT Rule 5.1 A licensed commercial fisherman may only sell to a seafood dealer or processor. MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 5.2 Rule 5.2

A validly licensed commercial fisherman may sell only their catch to a consumer if they have in their possession a fresh product permit obtained from the MDMR.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 5.3 Rule 5.3

A secondary fresh product permit may be obtained from the MDMR for a commercial fisherman’s spouse or family member that will allow them to sell their catch to consumers while the commercial fisherman continues to fish. There will be no fee for this permit.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

CHAPTER 06 SEAFOOD REPORTING REQUIREMENTS

22 Miss. Admin. Code Pt. 9, R. 6.1 Rule 6.1

Each seafood dealer or processor is required to accurately complete Mississippi trip tickets using the electronic reporting system provided by the MDMR. Commercial fishermen, who sell their catch to individuals other than a Mississippi dealer or processor or transport their catch out-of-state, are required to accurately complete Mississippi trip tickets provided by the MDMR and be in possession of a fresh product permit.

22 Miss. Admin. Code Pt. 9, R. 6.2 A completed Mississippi trip ticket is only required for the initial point of sale of the seafood product

All completed trip tickets must be submitted to the MDMR on or before the tenth of each month for actual transactions from every commercial fisherman during the preceding month. A trip ticket summary form that states the total trips taken (including zero trips) in a given month must be submitted by the 10 th of each month by the seafood dealer, processor or commercial fisherman. The fisherman is required to provide to the dealer complete and accurate information necessary for the completion of the fisherman portion of the trip ticket.

22 Miss. Admin. Code Pt. 9, R. 6.3 All applicable fields on a trip ticket must be filled out completely

The seafood dealer, processor, or fisherman is required to verify the accuracy of the tickets before electronic submission or by signing each paper ticket.

22 Miss. Admin. Code Pt. 9, R. 6.4 Rule 6.4

Menhaden processors must provide information on catch in accordance with the requirements of the National Marine Fisheries Service.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.,

CHAPTER 07 BAIT OPERATOR LANDINGS REPORTING REQUIREMENTS

22 Miss. Admin. Code Pt. 9, R. 7.1 Daily records on catches and sales of live bait shrimp and must be kept and be readily available at the camp location

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 7.2 Rule 7.2

Monthly records on catches of live bait shrimp and sales of bait (shrimp, croakers, chum, squid, crabs, bull minnows) and other bait products must be reported on forms furnished by the MDMR and submitted to the MDMR on a monthly basis.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 7.3 Rule 7.3

Live Bait Dealer Reports must be postmarked no later than the tenth day of the month following the monthly reporting period.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

CHAPTER 08 RECREATIONAL FISHING LANDINGS REPORTING REQUIREMENTS

22 Miss. Admin. Code Pt. 9, R. 8.1 Rule 8.1

Persons engaged in recreational fishing in waters under the jurisdiction of the MDMR or landing fish in Mississippi are required to furnish information, including a harvest report, pertaining to such fishing upon request from MDMR.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 8.2 In addition to the reporting required pursuant to this paragraph, the following reporting is also required

A. TailsnScales Reporting for Red Snapper Recreational Harvest The Captain of the vessel is responsible for ensuring that someone onboard the vessel has obtained the appropriate trip authorization number from the Tails n’ Scales reporting system prior to fishing activity. The person onboard the vessel obtaining the appropriate trip authorization number is hereby required to complete an accurate vessel harvest report through the Tails n’ Scales reporting system within 24 hours of trip creation.

B. TailsnScales Reporting for Additional Species Recreational Harvest upon Request. When requested by the MDMR, the Captain of the vessel is responsible for ensuring that someone onboard the vessel has obtained the appropriate trip authorization number from the Tails n’ Scales reporting system prior to fishing activity for additional species. The person onboard the vessel obtaining the appropriate trip authorization number are required to complete an accurate vessel harvest report for any additional species through the Tails n’ Scales system within 24 hours of trip creation.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 8.3 Charter and Head Boat Reporting

Charter Boat and Head Boat captains operating in Mississippi waters may complete questionnaires furnished by the MDMR. Completed questionnaires must be furnished to the MDMR upon request. In addition to the reporting required pursuant to this paragraph, the following reporting is also required.

A. TailsnScales Reporting for Charter and Head Boat Red Snapper Harvest. Charter boat and head boat captains operating in waters under the jurisdiction of the MDMR or landing Red Snapper in Mississippi are required to obtain the appropriate trip authorization number from the Tails n’ Scales reporting system prior to fishing activity. Charter boat and head boat captains operating in waters under the jurisdiction of the

MDMR or landing Red Snapper in Mississippi are required to complete an accurate vessel harvest report through the Tails n’ Scales reporting system within 24 hours of trip creation.

B. TailsnScales Reporting for Additional Species Charter and Head Boat Harvest. When requested by the MDMR, charter boat and head boat captains operating in waters under the jurisdiction of the MDMR or landing Red Snapper in Mississippi are required to obtain the appropriate trip authorization number from the Tails n’ Scales reporting system prior to fishing activity for additional species. Captains are required to complete an accurate vessel harvest report for any additional species through the Tails n’ Scales reporting system within 24 hours of trip creation.

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

22 Miss. Admin. Code Pt. 9, R. 8.4 Recreational Offshore Landing Permit

Any person, except those persons currently exempt from purchasing a fishing license (those under 16 or disabled as described in MS. Code 49-15-69), possessing any one of the following fish species or species groups on board a vessel taken from within or outside of Mississippi territorial waters shall be required to have obtained and have in their immediate possession a recreational offshore landing endorsement. Any person on a trip aboard a charter vessel, who pays a fee for that trip, is not required to have this permit, but the permit is required for the owner of the licensed charter vessel. Permits may be obtained at no cost from the Department, or authorized method, by persons who hold any valid license authorizing the taking and possessing of saltwater species of fish. Permits shall be valid for the duration of the calendar year in which they were purchased, regardless of the duration of the valid recreational fishing license. The recreational offshore landing permit shall be available for inspection by a duly authorized agent of the department: A. Reef fish species: a. any species of snapper, excluding Mangrove Snapper harvested within a line formed by the Intercoastal Waterway; b. any species of amberjack; c. any species of grouper or hind; d. Gray Triggerfish; B. Pelagics: a. Cobia;

MISS. CODE ANN. §§49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq.

CHAPTER 09 UNAUTHORIZED DISCLOSURES

22 Miss. Admin. Code Pt. 9, R. 9.1 The unauthorized disclosure by any individual of any confidential information

obtained by the MDMR is a violation of this Part and is punishable upon conviction in accordance with Mississippi. Code Ann. § 49-15-63, as amended.

MISS. CODE ANN. §§49-15-1 et seq., 18 U.S.C. 1905, 5 U.S.C. 552, 16 U.S.C. 1858, and 16 U.S.C. 1375.

CHAPTER 10 PENALTIES

22 Miss. Admin. Code Pt. 9, R. 10.1 Violations under this part will be charged in accordance with the provisions of Miss

Code Ann. §49-15-1 et seq. Each day of a continuing violation constitutes a separate violation. Violations of more than one chapter or subchapter of this part or part thereof shall be considered separate offenses and punished as such.

MISS. CODE ANN. §§49-15-1 et seq.

CHAPTER 11 CHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 9, R. 11.1 Rule 11.1

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 Title22 Part 09 shall remain in full force and effect.

MISS. CODE ANN. §§49-15-1 et. seq.

Part 10 RULES AND REGULATIONS TO PROHIBIT THE DISPOSAL OF PLASTICS AND OTHER GARBAGE IN MARINE WATERS OF THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

This Part provides regulations to prohibit the disposal of plastic and other garbage in marine waters. This Part also provides for disposal facilities on vessels and at certain access areas and to provide penalties for the violations of the Marine Litter Act of 1989, Miss. Code Ann. § 51-2-1, et seq., as amended.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

Marine litter has become an ever-growing concern in the Gulf of Mexico, averaging in volume over one (1) ton per mile of shoreline.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

Plastics which comprise 50-70% of all floating items sighted at sea and may require up to 450 years to completely decompose.

22 Miss. Admin. Code Pt. 10, R. 102 Rule 102

Marine litter is known to cause the death of marine birds, fin-fish mammals and reptiles, some of which are presently in danger of extinction.

22 Miss. Admin. Code Pt. 10, R. 103 Rule 103

Marine litter and debris pose an increasing menace to navigation, fouling propellers and water intake structures.

22 Miss. Admin. Code Pt. 10, R. 104 Rule 104

Marine litter aesthetically blights our shorelines affecting tourism and requiring thousands of tax dollars to clean our beaches.

22 Miss. Admin. Code Pt. 10, R. 105 Rule 105

The Marine Litter Act of 1989 prohibits the dumping of wastes, garbage and other debris from vessels, both recreational and commercial, within Mississippi State waters and empowers the Mississippi Department of Marine Resources (MDMR) marine officers to uphold and enforce the provisions set forth in the Act.

22 Miss. Admin. Code Pt. 10, R. 106 Rule 106

The Mississippi Commission on Marine Resources (MCMR) has been vested with the authority to promulgate regulations to carry out this act, including adopting the provisions of ANNEX V of the Protocol of 1978 of the International Convention for the Prevention of Pollution by Ships.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

VESSEL shall mean any boat, barge, or other vehicle operating in the marine environment from the largest supertanker to the smallest recreational craft.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

DISCHARGE shall mean any release however caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. It does not include release of harmful substances directly arising from the authorized exploration, exploitation, and associated offshore processing of seabed mineral resources; or release of harmful substances for purposes of legitimate scientific research relating to pollution abatement or control.

22 Miss. Admin. Code Pt. 10, R. 102 Rule 102

GARBAGE shall means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically including dishwater and gray water.

22 Miss. Admin. Code Pt. 10, R. 103 Rule 103

DISHWATER shall mean the liquefied residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to them would not normally interfere with the operation of automatic dishwashers.

22 Miss. Admin. Code Pt. 10, R. 104 Rule 104

GRAYWATER shall mean drainage from dishwasher, shower, and laundry, bath, and washbasin drains and does not include drainage from toilets, urinals, hospitals, and drainage from cargo spaces.

22 Miss. Admin. Code Pt. 10, R. 105 Rule 105

HARMFUL SUBSTANCE AND HAZARDOUS SUBSTANCE shall mean any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea. Hazardous substances shall include fuel, oil, paints, varnishes, solvents, pesticides, insecticides, fungicides, algicides, other hazardous liquids. It is important to note that "garbage," including but not limited to plastics, is considered to be a "harmful substance" since it is liable to "create hazards to human health, to harm living resources and marine life, and to damage amenities".

22 Miss. Admin. Code Pt. 10, R. 106 Rule 106

PLASTIC shall mean any garbage that is solid material that contains as an essential ingredient one or more synthetic organic high polymers and is formed or shaped during either manufacture of the polymers or fabrication into a finished product by heat or pressure or both. Examples of plastics included but are not limited to: packaging (vapor proof barriers, bottles, containers, liners), ship construction (fiberglass and laminated structures, siding, piping, insulation, flooring, carpets, fabrics, adhesives, electrical and electronic components), disposable eating utensils and cups (including foamed products), bags, sheeting, floats, synthetic fishing nets, monofilament fishing line, strapping bands, hardhats, synthetic ropes and lines. This definition excludes glass, paints, varnishes, waxes (all of which might be considered "plastics" by other definitions), and plastic polymers naturally produced by living organisms but harvested and used by man, such as chitin.

22 Miss. Admin. Code Pt. 10, R. 107 VICTUAL WASTE shall mean any spoiled or unspoiled food waste

22 Miss. Admin. Code Pt. 10, R. 108 Rule 108

MARINE WATERS OR MARINE ENVIRONMENT shall mean any waters influenced by the ebb and flow of the tide and includes all rivers, streams, bays, sounds, and waters extending three (3) miles south of the barrier islands within the State of Mississippi.

22 Miss. Admin. Code Pt. 10, R. 109 Rule 109

PERSON shall mean any human individual conduction or causing to conduct the discharge of garbage from land, vessel, plane, or fixed or floating platforms including those for mineral exploration.

22 Miss. Admin. Code Pt. 10, R. 110 Rule 110

MARINAS shall mean facilities which provide services and wharfage to three (3) or more recreational or commercial vessels.

22 Miss. Admin. Code Pt. 10, R. 111 Rule 111

ACCESS AREAS include but are not limited to ports, harbors, boat launching ramps, seafood and ice dealers, bait camps, yacht clubs, vessel repair and construction yards, and private mooring facilities including boat slips, or any other facilities offering services or wharfage to recreational or commercial vessels.

22 Miss. Admin. Code Pt. 10, R. 112 Rule 112

PORT shall mean: 112.01 A group of terminals that combines to act as a unit; 112.02 A port authority or other organization that chooses to be considered a port, and/or; 112.03 Terminals or facilities which provide wharfage or other services to ships, including but not limited to commercial fishing facilities, naval facilities, shipbuilding and vessel repair facilities, recreational boating facilities, or mineral and oil industry shorebases.

22 Miss. Admin. Code Pt. 10, R. 113 Rule 113

PROPER DISPOSAL FACILITIES shall mean facilities capable of holding without overflow, a quantity of garbage equal to that calculated in accordance with the worksheets contained in the Annex V regulations promulgated by the U.S. Coast Guard.

22 Miss. Admin. Code Pt. 10, R. 114 Rule 114

CLOSED CONTAINER shall mean any sealed and properly labeled receptacle. The size and volume of the container shall be determined by the length and purpose of the cruise/voyage, the number of passengers and crew on board, and the amount of trash or garbage to be generated. Closed containers shall include, but not be limited to, buckets or cans with lids, or water tight garbage bags with appropriate ties. Closed containers shall be clearly and permanently marked with weather resistant materials.

Chapter 04 Unlawful Discharge

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

It shall be unlawful for any person or vessel to discharge any type of plastics, including synthetic ropes, fishing nets, garbage bags, and other garbage including paper products, glass, metal, dunnage, lining and packing materials into the marine waters of this state.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

It shall be unlawful for any person or vessel to discharge any hazardous substances into the marine waters of the State of Mississippi.

Chapter 05 Marina and Vessel Requirements

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

It shall be required that all marinas have proper disposal facilities on site for all vessel wastes, including, but not limited to: garbage, dishwater, graywater, including drainage of toilets, marine sanitation devices (MSD’s), urinals, hospitals and cargo space, harmful substances and hazardous substances, plastics, and victual waste.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

All vessels shall have on board a clearly marked closed container for the proper disposal of waste, trash and other garbage. Signage shall be posted on board notifying passengers and crew that it is unlawful to dispose of waste, trash and other garbage into the marine waters of the State of Mississippi.

Chapter 06 Hazardous Substances

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

All hazardous substances shall be kept in closed containers wherever present on a vessel in the marine waters of this state. The containers shall be sufficient to prevent the substances from escaping in the event the container is released into marine waters. Closed containers shall not be required for substances intended for human consumption, or for bait. Closed containers shall not be required while vessels are taking on or unloading cargo and provisions.

Chapter 07 Emergencies and Accidental Release of Substances

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

The regulations contained herein pertaining to the release of substances covered in Chapter 4 and Chapter 6 of this Part shall not apply during the following emergencies, accidents or releases due to an act of nature: 100.01 Discharges from a ship for the purpose of securing the safety of a ship and those on board or saving life at sea. 100.02 The escape of substances resulting from damage to a ship or its equipment, if all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the escape. 100.03 The accidental loss of synthetic fishing nets or the loss of synthetic material during repair of nets provided all reasonable precautions have been taken to prevent such losses. Snagged or entangled fishing tackle and nets shall be recovered as much as reasonably possible, and the unrecovered remainder is caused to sink.

Chapter 08 Penalties

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

Any person, or vessel convicted of violating the Marine Litter Act of 1989, Miss. Code Ann. § 51-2-1, et seq., as amended, or any provision of this Ordinance shall be guilty of a misdemeanor and upon a first conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or community service requiring litter collection of not less than twenty-five (25) hours nor more than two hundred fifty (250) hours, or both. Persons under eighteen (18) years of age shall be penalized with community service, and may be assessed a fine as well. Each day of a continuing violation constitutes a separate violation. Violations of more than one section or subsection of the Ordinance, or part thereof, shall be considered separate offenses and punished as such.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

Any person or vessel convicted of a second or subsequent violation of the Marine Litter Act of 1989, as amended, or of any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or revocation of boating licenses, or both.

Chapter 09 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

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 10 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 10, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such.

Chapter 10 Administrative Procedures Act

22 Miss. Admin. Code Pt. 10, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 10.003 has been modified and the MCMR 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.

Part 11 RULES AND REGULATIONS ESTABLISHING PROCEDURES FOR THE DISPOSITION OF EQUIPMENT AND/OR NETS SEIZED BY THE MISSISSIPPI COMMISSION ON MARINE RESOURCES IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

This Part establishes regulations for procedures for the disposition of equipment and/or nets seized by the Mississippi Commission on Marine Resources (MCMR).

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

The MCMR is required by law to seize certain equipment or nets during the course of enforcing the provisions of § 49-15-1, et seq., of the Mississippi Code Ann. of 1972, as amended.

22 Miss. Admin. Code Pt. 11, R. 101 Rule 101

The MCMR is required in § 49-15-15 (1) (k), as amended, to provide for the disposition of this equipment if the sale thereof is not directed by the justice court as provided in § 49-15-65 of the Mississippi Code Ann. of 1972, as amended.

Chapter 03 Regulations on Sale and Disposition of Seized Equipment and/or Nets

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

Prior to the sale of any equipment or nets seized pursuant to § 49-15-1, et seq. of the Mississippi Code Ann. of 1972, as amended, the MCMR shall review each item and determine which shall be sold and which shall be destroyed.

22 Miss. Admin. Code Pt. 11, R. 101 Rule 101

All equipment or nets seized by the law enforcement officers of the MCMR pursuant to § 49- 15-1 et seq. of the Mississippi Code Ann. of 1972, as amended, to be sold, shall be sold at public auction for cash to the highest and best bidder. Each public auction held by the MCMR shall be advertised at least once each week for three consecutive weeks prior to the auction, the last notice to appear not more than ten days nor less than five days prior to such auction. Such advertisement shall be printed in a newspaper having general circulation in the coastal counties of the State of Mississippi.

22 Miss. Admin. Code Pt. 11, R. 102 Rule 102

The advertisements providing notice of said public auction shall contain a description of the property to be sold and a statement of the time and place of the sale. The name of the owner of said property shall be included at the discretion of the agency.

22 Miss. Admin. Code Pt. 11, R. 103 Rule 103

At the discretion of the agency, the equipment or nets to be sold may be viewed by the public prior to the auction, whereupon notice of same shall be included in the advertisements of public auction.

22 Miss. Admin. Code Pt. 11, R. 104 Rule 104

Sales of equipment or nets seized shall be held each year, forty-five days, more or less, following the opening of shrimp season, as provided in § 49-15-15 of the Mississippi Code Ann. of 1972, as amended. Additional sales may be scheduled at the discretion of the MCMR. Proceeds from sales conducted pursuant to this Part shall be paid into the Seafood Fund of the MCMR.

22 Miss. Admin. Code Pt. 11, R. 105 Rule 105

Equipment or nets shall be destroyed only after approval has been obtained from the MCMR and the MCMR has been notified of the reasons for the destruction of said equipment or nets and the manner in which said equipment or nets are to be destroyed.

Chapter 04 Penalties

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amended, unless a penalty is specifically provided elsewhere in the Mississippi Code Ann. of 1972, as amended.

Chapter 05 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

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 11 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 11, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such.

Chapter 06 Administrative Procedures Act

22 Miss. Admin. Code Pt. 11, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 11.001 has been modified and the MCMR and Mississippi Department of Marine Resources 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.

Part 12 RULES AND REGULATIONS FOR VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 12, R. 100 This Part establishes regulations of vessel seafood transport

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 12, R. 100 Rule 100

Miss. Code Ann. § 49-15-34, as amended, authorizes the Mississippi Commission on Marine Resources (MCMR) to regulate seafood transport and to permit the landing of seafood in the state which is legally taken outside of the Mississippi territorial waters without obtaining a license under Title 49, Chapter 15 of the Mississippi Code Ann. of 1972, as amended.

22 Miss. Admin. Code Pt. 12, R. 101 Rule 101

Miss. Code Ann. § 49-15-34 (2), as amended authorizes the MCMR to establish a permit fee in an amount not to exceed the amount of the license fee established in Miss. Code Ann. § 49-15-28 (1), as amended.

Chapter 03 Transport Permit Required

22 Miss. Admin. Code Pt. 12, R. 100 Rule 100

A transport permit is required for each vessel desiring to land seafood in the state, which is legally taken outside of the Mississippi territorial waters without obtaining a license under Miss. Code Ann. § 49-15-1 et seq. as amended.

22 Miss. Admin. Code Pt. 12, R. 101 Rule 101

A transport permit fee of one hundred dollars ($100.00) shall be paid upon issuance of said transport permit.

Chapter 04 Penalties

22 Miss. Admin. Code Pt. 12, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amended, unless a penalty is specifically provided elsewhere in § 49-15-1, et seq. of the Mississippi Code Ann. of 1972, as amended. In the case of continuing violations, each day shall constitute a separate offense.

Chapter 05 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 12, R. 100 Rule 100

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 12 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 12, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such.

Chapter 06 Administrative Procedures Act

22 Miss. Admin. Code Pt. 12, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 12.002 has been modified and the MCMR and Mississippi Department of Marine Resources 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.

Part 13 RULES AND REGULATIONS FOR AQUACULTURE IN THE MARINE ENVIRONMENT IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 13, R. 100.06 Rule 100.06

All moorings and cages must have attached a corrosion resistant metal or plastic tag. The tag must be legibly and permanently stamped with letters containing the leaseholder’s full name. The minimum height of the letters must be at least 3/16 of an inch. 100.07 Nets, mooring and rigging lines, and anti-predator equipment must be stretched tight, held taut, and maintained in a manner to diminish the likelihood of entangling finfish, decapod crustaceans, sea birds, marine mammals, and sea turtles. 100.08 The aquaculture operation is responsible for collection and proper disposal of all equipment used in the aquaculture operation on submerged lands or when such materials are removed during harvesting or become dislodged during storm events. 100.09 Transport, harvest, or sale of shellfish, other than seedstock from a grow-out facility (lease) which is closed for public health purposes to another grow-out facility, is prohibited without a valid special activity permit. 100.10 All holding, transport, and culture systems of the aquaculture operation must be designed, operated and maintained to prevent the escape of cultured aquatic species into waters of the state. 100.11 All shellfish from aquaculture leases, hatchery, nursery, farm or facilities being transported or shipped must be in distinct containers identified by the producer’s Department of Agriculture and Commerce cultivation permit number. 100.12 The use of biocidal chemicals is prohibited unless approved by the MDMR prior to use. 100.13 All culture materials, cover nets, bags or other designated markers placed on or in the waters must be clean and free of pollutants including petroleum based products such as creosote, oils and greases, or other pollutants. Compounds used as preservatives must be used in accordance with the product label. 100.14 Aquaculture operations on Public Trust Tidelands (state-owned) must obtain an aquaculture lease or other authorization from the Secretary of State’s office and

remain current with annual fees and conditions of that authorization agreement. This section does not apply to on-bottom molluscan shellfish operations. Chapter 05 Requirements Specific to Finfish and Crustacean Aquaculture 100 Net-pen or other containment systems for culturing finfish, crustaceans or other non- molluscan marine organisms shall be located in waters of sufficient depth. A minimum clearance of ten (10) feet below the bottom of the net-pen system shall be maintained at all times. The distance shall be measured at mean low water. If monitoring indicates a serious problem with water quality or other environmental conditions at the site (i.e., when certain limits for specific parameters established in the monitoring program or by the Mississippi Department of Environmental Quality are exceeded), the operation must be adjusted to reduce impacts. Adjustments shall include, but are not limited to, modifying the feeding rate or feeding schedule, reducing the amount of fish in the net- pen system, or increasing or decreasing the clearance under the nets to allow for increased water circulation. 101 Net-pen aquaculture operations shall not be located within two (2) miles of the shoreline. 102 Variations to the requirements in this Chapter are allowed for cultivation of filter-feeder species without commercial feeds, with approval by the MCMR. 103 All purchases of live fish, regardless of life stage, must be accompanied by a USDA accredited veterinarian signed "Certificate of Veterinary Inspection” attesting to the good health of the species. Chapter 06 Requirements Specific to Molluscan Shellfish Aquaculture 100 All operations must comply with regulations governing shellfish, including Title 22, Part 1 and ISSC regulations. All harvested oysters, whether from aquaculture farms, leases, or facilities, must be landed and tagged according to Title 22, Part 1, Chapter 04. 101 Molluscan shellfish aquaculture operations must only culture species native to the Gulf of Mexico. Polyploid native species are permitted. Imported shellfish seed stock to be used for grow-out in Mississippi waters must be first generation descendants of broodstock who originated in the Gulf of Mexico. The hatchery where the shellfish seed stock was produced must provide documentation of broodstock origin.

22 Miss. Admin. Code Pt. 13, R. 102 Rule 102

On-bottom and off-bottom Culture 102.01 Operations must be designed to minimize the impacts to water circulation patterns and the natural movement of sediment in the nearshore areas. 102.02 Any cultch materials used must be approved by the MDMR before use. Approval is based, in part, on the environmental suitability of the material. Cultch materials placed in the grow-out area must be a suitable substrate for attachment of oyster larvae. These include materials such as natural molluscan shells; fossilized shell; coral, and other aquatic organisms; lithic materials such as crushed and graded limestone, granite, and gravel which contain calcium carbonate or fossilized organisms; or recycled materials which contain lithic fractions and calcium carbonate, including crushed and 47 graded concrete. Exceptions to this list of generally accepted cultch materials must be specifically approved by the MCMR. 102.03 All operations must occur in waters three feet or deeper, as measured by mean low water. The MCMR may allow variance to this water depth requirement after review and approval. 102.04 Off-bottom aquaculture operations within 750 yards of the shoreline must comply with the following: 102.04.01 Containers, racks, and cages must be arranged in rows with adequate space between rows to allow for reasonable ingress and egress to the shoreline. 102.04.02 Racks or cages must not be located within 200 feet of the shoreline. The MCMR may allow variance to this setback on showing that there are no conflicts with traditional user groups in the area (i.e. flounder fishermen, beachgoers, etc.). 102.05 Off-bottom aquaculture operations are not permitted in the marine waters of the Bay of St. Louis north of the CSX bridge. 103 On-Shore Culture. 103.01 On-shore culture of molluscan shellfish includes any aquaculture operation of molluscan shellfish that involves either the production or grow-out of spat, seed

stock, spawning, and larval culture; and not intended for direct consumption, whether or not they are located on or off shore. 103.02 All on-shore molluscan shellfish aquaculture facilities must certify that all stock cultured and originating from sources outside of Mississippi are free of any diseases or parasites harmful to marine organisms, excluding Dermo (Perkinsus marinus). Certification must be submitted to the MDMR prior to the operation of the aquaculture facility. 103.03 Facilities based on land must be designed and operated in a manner that minimizes adverse impacts to the receiving waters, adjacent wetlands, and uplands. 103.04 Facility pumping, intake, and discharge systems must be designed in a manner which does not create currents that substantially increases sedimentation, scouring, turbidity, or in any way substantially damage the surrounding habitat. Aquaculture operations with such systems must obtain a discharge permit from the Mississippi Department of Environmental Quality. 103.05 When utilizing a near shore saline water source, the intake and discharge pipes must be located in a manner not to cause a navigational hazard. 103.06 Place intake and discharge pipes in a location that minimizes environmental and aesthetic impacts. Chapter 07 Monitoring Program Requirements 100 The aquaculture operation must maintain records and provide a monthly report of the following: 100.01 A daily record of the number of incidental deaths of vertebrate coastal wildlife that occur within the leased area. Additionally, the aquaculture operation must notify the MDMR immediately upon the injury or death of any threatened or endangered species, marine mammal, or raptor within the leased area. 100.02 An accounting of the stock added and harvested in a given month.

22 Miss. Admin. Code Pt. 13, R. 100.03 Rule 100.03

On shore culture operators must maintain records of any transfers of brood stock, seed, gametes, or larvae. 100.04 All records must be maintained for a minimum of two years, and must be available to the MDMR for inspection. 101 The MDMR will maintain the following records provided by the permittee while the aquaculture operation continues: 101.01 Construction and remodeling plans for any permitted aquaculture facility; 101.02 Aquaculture operational plans; and 101.03 Aquaculture permits. 102 The MDMR will inspect commercial land-based and float aquaculture systems at least every six months. Chapter 08 Aquaculture Research 100 State educational institutions conducting marine aquaculture projects are exempt from fees under this Part, but must comply with all other regulations. Chapter 09 On-Bottom Shellfish Leasing Regulations 100 On-Bottom Shellfish Leases. The MCMR has the authority to issue on-bottom leases for shellfish aquaculture operations under Miss. Code Ann. §49-15-27. 100.01 Each proposed lease area must be located in waters classified as APPROVED, CONDITIONALLY APPROVED, or RESTRICTED. Harvests in lease areas must comply with the regulations in Title 22, Part 1. 100.02 Each application for a bottom lease must be for five acres or more, but shall not exceed 500 acres. 100.03 The proposed lease area must be contiguous.

22 Miss. Admin. Code Pt. 13, R. 100.03.01 Rule 100.03.01

The proposed lease area must be configured as a square or rectangle with the lease area boundaries meeting at right angles. However, the lease rent may be adjusted pro rata to conform to non-rectangular shapes within the lease area. 100.03.02 The length of the proposed lease area cannot be greater than twice the distance of the width of the lease area. 100.03.03 In the case of an individual, there shall not be counted towards such limitation any lands leased by a corporation, partnership, or association in which such individual owns ten percent or less interest, and, in the case of a corporation, partnership, or association, there shall not be counted towards such limitation, any lands leased by an individual stockholder, partner, or associate thereof, who owns ten percent or less interest in such corporation, partnership, or association. 100.04 No proposed lease areas will be approved that are within 100 feet of an existing lease area or lease area that is pending final approval, unless the same person holds both leases. 100.05 No areas designated as tonging reefs by this Part, nor areas defined as natural reefs by Miss. Code Ann. §49-15-3 (g), as amended, nor areas within the boundaries of riparian property owners defined by Miss. Code Ann. §49-15-9, as amended, shall be leased for oystering by the MCMR. 100.06 Leases must be active and engaged in shellfish aquaculture activities throughout their term. The applicant must not begin any activities on the lease until they have obtained all applicable permits, including MDMR wetlands permits. Failure to obtain permits is evidence that the lease is not active. 101 Lease Applications. 101.01 Any person wanting to lease bottoms must complete an on-bottom shellfish lease application form and submit it to the MDMR Director of Marine Fisheries. Application forms are available from the MDMR in Biloxi, Mississippi. 101.02 Applicants must be a resident of the State of Mississippi, or be organized under the laws of the State and registered with the Secretary of State's Office.

22 Miss. Admin. Code Pt. 13, R. 101.03 Rule 101.03

The time and date each application is received shall be noted on the application. 101.04 Each application shall be accompanied by a description of the area intended for lease using latitude and longitude coordinates, and a map taken from NOAA nautical charts, 11371, 11372, 11373, or 11374, depicting the area to be leased. 101.05 If the guidelines cannot be met or requested information provided, the applicant may withdraw his application. 102 Application Review. 102.01 Applications will be reviewed by the MDMR staff for compliance with application guidelines and completeness. 102.02 In the event that applications are received for overlapping areas, the applications shall be processed in order of the earliest receipt and so noted before the MCMR, prior to consideration of each lease application; however, the MCMR is authorized to exercise its discretion as to which bid is the highest responsible bid, and such leases shall be awarded to promote the maximum cultivation and propagation of oysters. 102.03 A recommendation will be made to the MCMR to grant or deny the lease application and applicant will be notified in writing of the MCMR action on his lease application within 30 days after the MCMR action on the lease proposal. 103 Conditions of Leases 103.01 All leases granted by the MCMR must include the following conditions: 103.01.01 Term. Such leases shall be for a term of five years, with the right of the lessee to renew the lease for an additional five years, and continue to renew at five-year intervals, at the same ground rental rate so long as lessee actively cultivates and gathers shellfish, complies with all provisions of this Part, and has all applicable permits and licenses. 103.01.02 If the lessee is prevented from gathering shellfish from the area leased by storm, or other natural phenomenon, they nevertheless may renew the lease if the bottoms are actively worked by lessee during the remaining term or renewal term of the lease.

22 Miss. Admin. Code Pt. 13, R. 103.01.03 Rule 103.01.03

All leases leased before or after July 1 of each year shall be prorated from the date of lease to the following expiration of five years from the date of the lease. 103.01.04 All leases expire on July 1 of the year in which five-year lease term or renewal term expires. 103.01.05 All leases leased prior to July 1, 2015 shall expire on the date indicated in the current lease agreement. 103.01.06 All leases leased after July 1, 2015 shall expire July1 of the year in which each five-year lease term or renewal term expires. 103.01.07 Each lessee shall have the option to renew said lease provided they submits a written application with payment of annual or prorated rental for the subsequent lease period within thirty (30) days of the lease expiration date to the MDMR Director of Marine Fisheries. 103.02 Boundary Markings. Appropriate poles, stakes or buoys, constructed of such material as will not be injurious to watercraft, shall mark all leases at the expense of the leaseholder. 103.02.01 Each leaseholder shall mark at least the four (4) corners of each lease with an appropriate marker, and shall maintain all markers. 103.02.02 Each marker shall list the lease number and marker position (i.e. southeast (SE) corner). 103.02.03 Each lessee must file a "Private Aids to Navigation" application with and receive permit approval from the U.S. Coast Guard, for the lease markers, and provide a copy of the permit approval to the MDMR Director of Marine Fisheries prior to final granting of the lease and placement of the markers. 103.03 Public Works. All leases made by the MCMR under the authority of this chapter shall be subject to the paramount right of the State of Mississippi and any of its political subdivisions authorized by law, to promote and develop ports, harbors, channels, industrial or recreational projects, freshwater diversion projects, and all

such leases shall contain a provision that in the event such authorized public body shall require the area so leased or any part thereof for such public purposes, that the lease shall be terminated on reasonable notice fixed by the MCMR in such lease. 103.04 Termination. On the termination of any lease, the lessees shall have the right to remove any shellfish within the leased area within such time as may be fixed by the MCMR and in accordance with such reasonable rules and regulations as the MCMR may adopt. On the termination of any lease, the lessee must remove any poles, stakes, buoys or other structures associated with the lease. 103.05 Waivers. Further, all lease agreements shall contain provisions requiring the lessee to waive any and all claims for damages that may result from any fresh water diversion projects authorized by the State of Mississippi. 103.06 Other Conditions. In granting leases, the MCMR may specify any special conditions and limitations under which the lease is granted. 104 Subleases and Transfers 104.01 Subleasing is prohibited. 104.02 Lease transfers must first obtain prior written approval by the MCMR of the transfer. The MCMR may deny such transfer. Transfers of portions of the lease are not permitted. 104.03 To obtain a transfer, the transferee must apply for the lease as if it were a new lease. 104.04 The lease transferee must be a Mississippi resident or corporation. 104.05 The new lease combined with other leases held by the lease transferee must not amount to more than 500 acres. 104.06 All terms and conditions, including term limitations, from the lease transfer to the transferee. 105 Political subdivisions of the State of Mississippi may lease up to one thousand (1,000) acres of bottoms for oyster reef development and such political subdivisions are

authorized to permit residents of the State of Mississippi to harvest shellfish from such reefs and charge and receive a fee for each sack of shellfish harvested. 105.01 The MCMR shall consider and approve the application of a political subdivision after determining that: 105.02 No conflicts exist with sites requested in applications filed prior to the application of the political subdivision. 105.03 A fair and reasonable rental rate of not less than five dollars per acre has been set. 105.04 Such lease will ensure the maximum cultivation and propagation of shellfish. 106 The MCMR shall cooperate with the Jackson County Port Authority, the Harrison County Development Commission, the Municipal Port Commissions, and other port and harbor agencies, in order that the oyster beds shall not be planted in close proximity to navigable channels. The MCMR or lessee shall have no right of action as against any such public body for damages accruing to any natural reef or leased reef by any necessary improvement of such channel in the interest of shipping, commerce, navigation, or other purpose authorized by law. 107 Each lessee must provide an annual written summary of lease activity report to the MDMR Director of Marine Fisheries for the previous lease period upon forms provided by the MDMR within 30 days from the lease anniversary date. 108 Failure to abide by any provision specified herein, in the lease agreement, any applicable laws of the State of Mississippi, or any MCMR Title, Part, regulation, or public notice shall be grounds for immediate termination of the lease agreement. Chapter 10 Penalties 100 Any person, firm or corporation violating any of the provisions of this Part shall be, in addition to civil liability provided for in Miss. Code Ann. § 49-27-55, as amended, guilty of a misdemeanor, and on conviction, shall be penalized in accordance with Miss. Code Ann. § 49-27-57, as amended. Violations of more than one chapter or subchapter of this

Part, or part thereof, shall be considered separate offenses and punished as such. In the case of continuing violations, each day shall constitute a separate offense. Chapter 11 Chapter and Subchapter Declared Separable 100 Each chapter and subchapter of this Title and 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 13 shall remain in full force and effect. 101 Violations of more than one chapter or subchapter of this Title and Part or part thereof shall be considered separate and punished as such. Chapter 12 Administrative Procedures Act 100 Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 13.001 has been modified and the MCMR 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.

Part 14 Reserved

22 Miss. Admin. Code Pt. 14 Reserved

1

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

PART 14 – Reserved

Part 15 ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW

22 Miss. Admin. Code Pt. 15, R. 100 Rule 100

The Mississippi Administrative Procedures Law provides for public notification and participation in the governmental process and such provisions are applicable to the Mississippi Commission on Marine Resources (hereinafter “Commission”) and the Mississippi Department of Marine Resources (“MDMR”). Pursuant to Miss. Code Ann. §§ 25-43-1.101, et seq., the Commission has adopted the following regulations on public document requests, hearings and declaratory opinions.

Chapter 02 Agency Method of Operation

22 Miss. Admin. Code Pt. 15, R. 100 Requests for Information from the Department

It is the policy of the Commission to keep secure and to make available for public use and inspection all official public documents maintained by the MDMR. Therefore, pursuant to the provisions in Miss. Code Ann. § 25-43-2.104, the agency will abide by the following rules for responding to requests for public information.

22 Miss. Admin. Code Pt. 15, R. 100.01 Rule 100.01

Official MDMR information and files must be protected from alteration, removal and damage and all access to public documents will be controlled by MDMR employees.

22 Miss. Admin. Code Pt. 15, R. 100.02 Rule 100.02

All requests for MDMR information and files shall be submitted in writing to the Executive Director, Mississippi Department of Marine Resources, 1141 Bayview Ave., Suite 101, Biloxi, MS 39530.

22 Miss. Admin. Code Pt. 15, R. 100.03 Rule 100.03

The request must be marked “Request for Public Records” and must describe the type of record, names, dates, file numbers, title of publication and other information which may aid in locating the requested public records. Depending on the type of request, staff may require submission of a completed “Request for Disclosure of Public Records” form in order to proceed with the search for information and files.

22 Miss. Admin. Code Pt. 15, R. 100.04 Rule 100.04

The Executive Director or his designee will determine whether the records sought are exempt from production under the Mississippi Public Records Act (Miss. Code Ann. §§ 25-61-1, et seq.) and any denials of access to exempt information or files will be provided to the requester in writing.

22 Miss. Admin. Code Pt. 15, R. 100.05 Rule 100.05

Individuals requesting inspection of MDMR public records must be accompanied by MDMR personnel when inspecting MDMR records. Individuals requesting inspection of MDMR public records will be advised as to when and where they may inspect the records.

22 Miss. Admin. Code Pt. 15, R. 100.06 Rule 100.06

A request for public records must be accompanied by sufficient funds to defray the actual cost of searching, reviewing, copying and, if applicable, mailing the requested records. MDMR staff will notify requester of an estimate of costs to fulfill the request and said estimate will be due upon notice. Failure to submit estimated defrayal costs will render the request incomplete and staff will notify requester of denial of request. The processing of the request will resume upon receipt by MDMR of payment of the cost estimate.

22 Miss. Admin. Code Pt. 15, R. 101 Procedures for Other Inquiries and Requests for MDMR Action

It is the policy of the Commission to be responsive to the public in all matters within its jurisdiction. Pursuant to the provisions in Miss. Code Ann. § 25-43-2.104 (b), other inquiries (in addition to the requests for public documents) or requests for action by the agency must be submitted in writing and directed to the MDMR Executive Director, 1141 Bayview Avenue, Suite 101, Biloxi, MS 39530.

Chapter 03 Procedures for Hearings on and Review of Commission Rules, Regulations and Public

22 Miss. Admin. Code Pt. 15, R. 100 Purpose

The following rules shall control public hearings and hearings within the jurisdiction of the Commission and the MDMR, pursuant to the Administrative Procedures Law, Miss. Code Ann. § 25-43-3.104 (2)(d).

22 Miss. Admin. Code Pt. 15, R. 101 Scope of Rules

These rules govern the conduct of public hearings on proposed changes to existing Commission rules and regulations, and conducting hearings on wetlands permits. Further, these rules provide the procedures for contesting proposed rules, and requests for the Commission to reconsider its decisions on the adoption of rules, regulations, public notices, and decisions of the Commission on the issuance, denial, or revocation of coastal wetlands permits.

22 Miss. Admin. Code Pt. 15, R. 102 Written Comments

22 Miss. Admin. Code Pt. 15, R. 102.01 Rule 102.01

The MDMR will notify the public of proposed rulemaking by publication in a newspaper having general circulation in the county or counties potentially affected by the rule and on the MDMR website at www.dmr.state.ms.us. The MDMR will also maintain a rule making docket of the public notices, hearings,

economic impact statements, rule adoptions and other rule making activities of the Commission, including an index and full text of all current rules in effect, on the MDMR website. In addition, the public may obtain a copy of the any current rule or index by visiting the offices of the MDMR at 1141 Bayview Ave., Suite 101, Biloxi, Mississippi, during normal office hours.

22 Miss. Admin. Code Pt. 15, R. 102.02 Rule 102.02

Written comments on proposed rules, regulations and coastal wetland project permits are encouraged and they may be submitted to the Executive Director of the MDMR or to the individual designated in the Notice as the person to contact. If public hearings are conducted for a proposed wetland project, written comments may be submitted no later than ten (10) working days prior to the Commission meeting, at the public hearing, or at such other time as set in the notice of the hearing. The public will be provided at least twenty-five (25) days to respond after the filing of the proposed rule with the Secretary of State (except as provided in Miss. Code § 25-43-3.108 for emergency rule making in cases of imminent peril to the public). Written comments presented at public hearings will be included as a part of the record of the public hearing.

22 Miss. Admin. Code Pt. 15, R. 103 Public Hearings

For the purpose of these rules, "public hearing" means a hearing that is conducted by the MDMR prior to the adoption of a rule, regulation or coastal wetlands permit action and it does not refer to a regularly scheduled Commission meeting. Public hearings shall be conducted only when required by statute or when the Commission or the MDMR determines that public hearings are warranted to provide additional public input prior to the adoption of a rule, regulation or action on a public notice.

22 Miss. Admin. Code Pt. 15, R. 104 Notice of Public Hearings

If the determination is made to hold public hearings, then notification to the public shall be published in a newspaper having general circulation in the county or counties affected by the proposed rules, regulations or public notices. The Commission or the Executive Director of the MDMR may order such additional publication as deemed necessary and appropriate. The notice should include the reason or purpose of the hearing, references to the rules and regulations or wetlands project involved and the date, time, and place of the hearing and the deadline for submitting written comments. The notice should be published at least (1) three (3) days prior to the date of the hearing for wetlands projects and at least twenty days prior to the date of the hearing for rule making. Additional notification will be provided to individuals that have personally requested notification pursuant to Miss. Code Ann. § 25-43-3.103.

22 Miss. Admin. Code Pt. 15, R. 105 Conduct of Public Hearings

22 Miss. Admin. Code Pt. 15, R. 105.01 Rule 105.01

Public hearings will be conducted at times, locations and facilities selected by the MDMR. Representatives or employees of the MDMR will preside over the public hearing. Prior to the commencement of the hearing, individuals in

attendance will sign in on forms or registers provided by the MDMR. At that time, they will indicate whether they wish to make oral comments at the public hearing. Those individuals who indicate that they wish to make oral comments will be called on to do so before the end of the public hearing. Any individual called on to make oral comments may waive his election to do so. Individuals not indicating their election to speak at the time that they sign in at the hearing will not be called on to make oral comments. Individuals called upon to make their oral comments will not be allowed to "pass" their remarks until later in the hearing and will not be allowed to allot any unused time to another individual.

22 Miss. Admin. Code Pt. 15, R. 105.02 Rule 105.02

Comments during the hearing must address the subject of the hearing. Comments on matters other than the subject of the hearing will not be allowed and will not be part of the consideration of the Commission on the proposed rule, regulation or coastal wetlands project. The representative or employee of the MDMR who is selected to preside over the public hearing will announce before the commencement of oral comments the length of time each individual will be allowed to make comments. The time limit will be set after considering the number of individuals requesting time for oral comments and the total time available to conduct the entire public hearing.

22 Miss. Admin. Code Pt. 15, R. 105.03 Rule 105.03

The presiding representative or employee will make any additional orders, decisions and rulings which in his judgment are necessary for the orderly, fair, and efficient conduct of the public hearing.

22 Miss. Admin. Code Pt. 15, R. 105.04 Rule 105.04

Presentations on proposed rules, regulations and coastal wetlands projects may be allowed at the discretion of the Executive Director of the MDMR or the presiding representative or employee. Applicants for coastal wetlands permits should be prepared to make a presentation on the project at their designated public hearing so as to inform the general public about the proposed project.

22 Miss. Admin. Code Pt. 15, R. 106 Contesting Proposed Rules

Persons desiring to contest the making of any rule, regulation or coastal wetlands project permit, may do so by attending the public meetings on the proposed rule, regulation or coastal wetlands project permit, and stating there the basis of their objection. Alternatively, persons opposed to proposed rules, regulations, or coastal wetlands project permit may object thereto by filing a written objection to the rules, regulations, or coastal wetlands project permit with the Commission by mailing the objection to the Executive Director of the MDMR at 1141 Bayview Ave., Suite 101, Biloxi, MS 39530 or emailing the objection to the “MDMR Directorate” at www.dmr.state.ms.us no later than the time allowed for written comments. Only persons complying with one of the two methods of objecting to proposed rules, regulations or coastal wetlands permit application will be allowed to petition the Commission for reconsideration of the rule, regulation, permit decision or public notice.

22 Miss. Admin. Code Pt. 15, R. 107 Petition for Reconsideration before the Commission

22 Miss. Admin. Code Pt. 15, R. 107.01 Rule 107.01

After the Commission has acted upon a rule, regulation or coastal wetlands permit application, any party (parties) opposed to the rule, regulation or coastal wetlands project permit that complies with Section 106 above, may request reconsideration of the Commission's decision by filing a Petition for Reconsideration. The Petition for Reconsideration must be filed within fourteen (14) days of the final adoption of the rule, regulation, permit decision or public notice. The “final adoption” date, for purposes of reconsideration is the day that the Commission takes action and votes on the rule, regulation, permit decision or public notice, and not the day that its minutes are approved.

22 Miss. Admin. Code Pt. 15, R. 107.02 Rule 107.02

Petitions for Reconsideration of the issuance, denial or revocation of coastal wetlands permits may be made by any party authorized by Miss. Code Ann. § 49-27-39 to take an appeal to chancery court, and if made, the petition must be in accordance with the other terms of this ordinance. When a Petition for Reconsideration is filed by an objector to the issuance of a wetlands permit, the applicant may be required to defend the decision of the Commission.

22 Miss. Admin. Code Pt. 15, R. 107.03 Rule 107.03

The Petition shall state specifically the points of law or facts which the party requesting the reconsideration believes the Commission overlooked or misapprehended, and shall contain a statement of the action which the party wishes the Commission to take. The Petition shall contain such argument in support of the Petition as the requesting party wishes to present, but in no event shall the Petition exceed fifteen (15) pages in length (exclusive of exhibits). The Petition must be typed and double-spaced. The original and twelve (12) copies of the Petition for Reconsideration must be filed with the Commission through the MDMR. Filing may be accomplished by mail, but filing shall be considered timely only if the Petition is received within the time period described above.

22 Miss. Admin. Code Pt. 15, R. 107.04 Rule 107.04

The Commission will consider the Petition for Reconsideration at its next regular meeting which occurs more than ten (10) days following the Petition's filing. The Commission may (1) make a final disposition of the Petition by either granting or denying the requested action without further argument; (2) request a response from the MDMR prior to making a final disposition; (3) set the matter for an evidentiary hearing; or (4) make such further order as it deems appropriate under the circumstances. Once a Petition for Reconsideration has been considered and ruled on by the Commission, no further requests for reconsideration will be allowed.

Chapter 04 Procedures for Conducting Evidentiary

22 Miss. Admin. Code Pt. 15, R. 100 Requesting an Evidentiary Hearing

22 Miss. Admin. Code Pt. 15, R. 100.01 Rule 100.01

The following procedures shall govern formal hearings and requests for reconsideration when such are granted by the Commission. Any request for hearing must be made within fourteen (14) days after the date the Commission takes action upon permit issuance, denial, modification or revocation, as shown on the Minutes of the Commission on Marine Resources; and may be requested by any interested party aggrieved by such action. For the purposes of this ordinance, an "interested party" in a request for reconsideration of a matter involving a coastal wetlands permit is defined as persons and organizations that have complied with the provisions of Mississippi Code Section 49-27-39. Persons, firms or organizations requesting reconsideration of decisions on wetlands permitting issues will follow the provisions of this ordinance in addition to those located in Chapter VIII Section 2, Part I.F. of the Mississippi Coastal Program.

22 Miss. Admin. Code Pt. 15, R. 100.02 Rule 100.02

Any person, firm or corporation that has a license or permit suspended or revoked may request an evidentiary hearing.

22 Miss. Admin. Code Pt. 15, R. 100.03 Rule 100.03

The Commission may order and require an evidentiary hearing on any matter within its jurisdiction.

22 Miss. Admin. Code Pt. 15, R. 101 Setting the Hearing

22 Miss. Admin. Code Pt. 15, R. 101.01 Rule 101.01

The Commission shall fix the time and place of such hearing and shall notify all parties thereto by certified mail. Individuals coming before the Commission may appear personally, by counsel, or both, produce witnesses and cross- examine witnesses.

22 Miss. Admin. Code Pt. 15, R. 101.02 Rule 101.02

The Commission shall delegate one of it members to act as the presiding officer or obtain the services of counsel from the Attorney General's Office to act as the presiding officer for the Commission.

22 Miss. Admin. Code Pt. 15, R. 102 Witnesses

The Commission is not authorized to issue subpoenas. Parties to an evidentiary hearing are responsible for assuring the attendance of their witnesses.

22 Miss. Admin. Code Pt. 15, R. 103 Pre-filing Testimony and Documents

22 Miss. Admin. Code Pt. 15, R. 103.01 Rule 103.01

Direct testimony of each witness to be relied upon during the hearing shall be pre-filed with the Commission and copies of the same shall be mailed to all parties seven (7) days prior to the hearing, except that in the discretion of the Commission this requirement may be modified or waived. Parties which call "adverse" witnesses shall not be required to submit pre-filed testimony as contemplated in this paragraph. At least seven (7) days prior to the hearing, all parties involved shall exchange copies of all exhibits that will be introduced during the hearing indicating the party offering and the witness who will

sponsor each. The presiding officer may permit an exception to these requirements when witnesses or exhibits are necessary for rebuttal or impeachment. Failure to submit the above referenced exhibits and the pre-filed testimony in a timely fashion shall be grounds for exclusion of testimony of witnesses and exhibits from the hearing. Also, the presiding officer, in his discretion, may call a pre-hearing conference prior to any hearing to establish hearing guidelines and clarify issues.

22 Miss. Admin. Code Pt. 15, R. 103.02 Rule 103.02

Should the Commission waive the above mentioned requirement for pre-filed testimony, then at least seven (7) days before the hearing, all parties involved shall exchange a list of all witnesses each will call during the hearing, a brief statement of the testimony expected from each witness, and copies of all exhibits as set forth in 22 MISS ADMIN CODE 15.03.103.01 above.

22 Miss. Admin. Code Pt. 15, R. 104 Order of Proof

22 Miss. Admin. Code Pt. 15, R. 104.01 Rule 104.01

Statements or testimony shall be offered under oath and shall be recorded. The presiding officer shall open the hearing by identifying each of the parties thereto, describing the permit or matter that is the subject of the hearing, and, if appropriate, the prior action taken thereupon by the Commission. The presiding officer shall then inquire whether the parties wish to exclude witnesses that have not testified from the hearing. If witnesses that have not testified are excluded, no witnesses found improperly present in the hearing room during the proceeding may testify.

22 Miss. Admin. Code Pt. 15, R. 104.02 Rule 104.02

The order of proof shall be such that the staff of the MDMR shall present a brief analysis and recommendation with regard to the permit in question, which shall be followed by presentation of proof by the non-objecting party, if any, and subsequently by presentation of proof by the objecting party and/or the staff of the MDMR.

22 Miss. Admin. Code Pt. 15, R. 104.03 Rule 104.03

Each party shall be permitted to make a brief opening statement with regard to its position. Each witness shall testify through direct testimony which shall be pre-filed with the Commission pursuant to requirements set forth in 22 MISS ADMIN CODE 15.03.103.01 above. The presiding officer shall permit cross- examination, redirect examination limited to matters raised on cross- examination and may permit recross-examination limited to matters raised during redirect examination. Any Commissioner may, at any time, question a witness.

22 Miss. Admin. Code Pt. 15, R. 104.04 Rule 104.04

The strict rules of evidence shall not apply; however, all objections must be made in a timely fashion. The presiding officer may limit or exclude testimony which is redundant or not relevant to the issues before the Commission.

22 Miss. Admin. Code Pt. 15, R. 104.05 Rule 104.05

At the conclusion of the testimony and introduction of documents, each party will be permitted to make a brief closing statement summarizing the evidence

offered by said parties in support of their respective positions, at which time the hearing record shall be closed.

22 Miss. Admin. Code Pt. 15, R. 105 Rules of Evidence

The Commission shall not be bound by the strict rules of evidence, but shall base all its determinations on sufficient evidence.

22 Miss. Admin. Code Pt. 15, R. 106 Deliberations by the Commission

22 Miss. Admin. Code Pt. 15, R. 106.01 Rule 106.01

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.

22 Miss. Admin. Code Pt. 15, R. 106.02 Rule 106.02

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.

22 Miss. Admin. Code Pt. 15, R. 107 Transcript

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.

22 Miss. Admin. Code Pt. 15, R. 108 Appeals

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.

Chapter 05 Declaratory Opinions

22 Miss. Admin. Code Pt. 15, R. 100 Scope

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.

22 Miss. Admin. Code Pt. 15, R. 101 Persons Who May Request Declaratory Opinions

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.

22 Miss. Admin. Code Pt. 15, R. 102 Subjects Which May Be Addressed In Declaratory Opinions

The Commission will issue declaratory opinions regarding the applicability to specified facts of:

22 Miss. Admin. Code Pt. 15, R. 102.01 A statute administered or enforceable by the Commission; or

22 Miss. Admin. Code Pt. 15, R. 102.02 A rule promulgated by the Commission

22 Miss. Admin. Code Pt. 15, R. 102.03 Rule 102.03

The Commission will not issue a declaratory opinion regarding a statute or rule which is outside the primary jurisdiction of the agency.

22 Miss. Admin. Code Pt. 15, R. 103 Circumstances in which Declaratory Opinions Will Not Be Issued

The Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

22 Miss. Admin. Code Pt. 15, R. 103.01 The question presented lacks clarity;

22 Miss. Admin. Code Pt. 15, R. 103.02 Rule 103.02

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;

22 Miss. Admin. Code Pt. 15, R. 103.03 Rule 103.03

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;

22 Miss. Admin. Code Pt. 15, R. 103.04 Rule 103.04

The facts presented in the request are not sufficient to answer the question presented;

22 Miss. Admin. Code Pt. 15, R. 103.05 Rule 103.05

The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

22 Miss. Admin. Code Pt. 15, R. 103.06 Rule 103.06

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;

22 Miss. Admin. Code Pt. 15, R. 103.07 Rule 103.07

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;

22 Miss. Admin. Code Pt. 15, R. 103.08 Rule 103.08

The question presented by the request concerns the legal validity of a statute or rule;

22 Miss. Admin. Code Pt. 15, R. 103.09 Rule 103.09

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;

22 Miss. Admin. Code Pt. 15, R. 103.10 No clear answer is determinable;

22 Miss. Admin. Code Pt. 15, R. 103.11 Rule 103.11

The question presented by the request involves the application of a criminal statute or a set of facts which may constitute a crime;

22 Miss. Admin. Code Pt. 15, R. 103.12 Rule 103.12

The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

22 Miss. Admin. Code Pt. 15, R. 103.13 Rule 103.13

The question is currently the subject of an Attorney General's opinion request or has been answered by an Attorney General's opinion;

22 Miss. Admin. Code Pt. 15, R. 103.14 Rule 103.14

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.

22 Miss. Admin. Code Pt. 15, R. 103.15 Rule 103.15

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;

22 Miss. Admin. Code Pt. 15, R. 103.16 Rule 103.16

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.

22 Miss. Admin. Code Pt. 15, R. 104 Written Request Required

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.

22 Miss. Admin. Code Pt. 15, R. 105 Where to Send Requests

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.

22 Miss. Admin. Code Pt. 15, R. 106 Name, Address and Signature of Requestor

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.

22 Miss. Admin. Code Pt. 15, R. 107 Question Presented

Each request shall contain the following:

22 Miss. Admin. Code Pt. 15, R. 107.01 Rule 107.01

A clear and concise statement of all facts on which the opinion is requested;

22 Miss. Admin. Code Pt. 15, R. 107.02 A citation to the statute or rule at issue;

22 Miss. Admin. Code Pt. 15, R. 107.03 The question(s) sought to be answered in the opinion, stated clearly;

22 Miss. Admin. Code Pt. 15, R. 107.04 Rule 107.04

A suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

22 Miss. Admin. Code Pt. 15, R. 107.05 Rule 107.05

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

22 Miss. Admin. Code Pt. 15, R. 107.06 Rule 107.06

A statement to show that the person seeking the opinion has a substantial interest in the subject matter.

22 Miss. Admin. Code Pt. 15, R. 108 Time for Commission’s Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing:

22 Miss. Admin. Code Pt. 15, R. 108.01 Rule 108.01

Issue a declaratory opinion regarding the specified statute or rule as applied to the specified circumstances;

22 Miss. Admin. Code Pt. 15, R. 108.02 Rule 108.02

Decline to issue a declaratory opinion, stating the reasons for its action; or

22 Miss. Admin. Code Pt. 15, R. 108.03 Rule 108.03

Agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request.

22 Miss. Admin. Code Pt. 15, R. 108.04 Rule 108.04

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.

22 Miss. Admin. Code Pt. 15, R. 109 Opinion Not Final for Sixty Days

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.

22 Miss. Admin. Code Pt. 15, R. 110 Notice by Commission to Third Parties

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.

22 Miss. Admin. Code Pt. 15, R. 111 Public Availability of Requests and Declaratory Opinions

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.

22 Miss. Admin. Code Pt. 15, R. 112 Effect of a Declaratory Opinion

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.

Chapter 06 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 15, R. 100 Rule 100

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.

22 Miss. Admin. Code Pt. 15, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such.

Chapter 07 Administrative Procedures Act

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.

TITLE 22 MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 15 – ADMINISTRATIVE RULES AS REQUIRED BY MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW, shall be in effect and be in force from and after the 15 th day of December 2005.

Adopted this the 15 th day of November 2005.

MISSISSIPPI COMMISSION ON MARINE RESOURCES

By: /s/ Vernon Asper______________________ Vernon Asper, Ph.D., Chairman

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

By: /s/ William W. Walker _____ William W. Walker, Ph.D., Executive Director

History

• Source: Miss. Code Ann § 45-43-1.101, et seq. and § 25-43-2.104

Part 16 RULES AND REGULATIONS FOR BOAT AND WATER SAFETY ON MARINE WATERS OF THE STATE OF MISSISSIPPI

Chapter 01 INTRODUCTION

22 Miss. Admin. Code Pt. 16, R. 1.1 Rule 1.1

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.

Chapter 02 DEFINITIONS

22 Miss. Admin. Code Pt. 16, R. 2.1 Definitions

A. COVERED RECREATIONAL VESSEL – means a recreational vessel that is less than 26 ft. overall in length and capable of developing 115 pounds or more of static thrust.

B. ENFORCING AUTHORITY - means Marine Patrol Officers of the Mississippi Department of Marine Resources (MDMR) or any other duly deputized law enforcement officer of the State of Mississippi.

C. ENGINE CUT-OFF SWITCH (ECOS) – An Engine Cut-off Switch is a safety mechanism used to shut off propulsion machinery when the operator is displaced from the helm.

D. ENGINE CUT-OFF SWITCH LINK (ECOSL) – An ECOSL is the device that connects the operator to the ECOS. The link must be attached to the operator, the operator’s clothing, or operator’s personal floatation device. It is typically a coiled lanyard, but may also be an electronic fob.

E. MARINE SAFETY ZONE - means an area of marine waters where special marine safety rules are instituted by the Executive Director of the MDMR.

F. MOTORBOAT - means any undocumented vessel propelled by machinery, whether such machinery is the principal source of propulsion.

G. NO WAKE ZONE - means an area of navigable marine water in which vessels are not allowed to create a potentially damaging wake or to operate the vessel above idle speed within one hundred (100) feet adjacent to any public harbor and/or public marina or within one hundred (100) feet of any public boat launching ramp facility.

H. OWNER - means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

I. OPERATOR - means the person who operates or has charge of the navigation or use of a motorboat or vessel.

J. PERSONAL FLOATATION DEVICE - means a wearable flotation device classified and approved by the United States Coast Guard which is in such a condition that it is fit for its intended purpose, bears a legibly marked United States Coast Guard approval number, and is of an appropriate size for the person who intends to use it.

K. PERSONAL WATERCRAFT - means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel.

L. VENDOR - means an individual or company in the business of renting vessels or personal watercraft to the general public for their use.

M. VESSEL - means every description of watercraft, other than seaplane on the water, used or capable of being used as a means of transportation on the water.

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 and 46 U.S.C.A §4312.

Chapter 03 RESTRICTIONS

22 Miss. Admin. Code Pt. 16, R. 3.1 Rule 3.1

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.

22 Miss. Admin. Code Pt. 16, R. 3.2 Rule 3.2

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.

Chapter 04 RECKLESS AND NEGLIGENT OPERATION

22 Miss. Admin. Code Pt. 16, R. 4.1 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.

Chapter 05 PROCEDURES FOR ESTABLISHING NO WAKE ZONES

22 Miss. Admin. Code Pt. 16, R. 5.1 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.

22 Miss. Admin. Code Pt. 16, R. 5.2 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 59-21-151.

Chapter 6 ESTABLISHMENT OF TEMPORARY SPECIFIC NO WAKE ZONES; EMERGENCY RULE

22 Miss. Admin. Code Pt. 16, R. 6.1 Rule 6.1

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

Chapter 7 ESTABLISHMENT OF DESIGNATED MARINE SAFETY ZONES

22 Miss. Admin. Code Pt. 16, R. 7.1 Rule 7.1

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.

Chapter 8 PERMITS FOR EVENTS ON MARINE WATERS

22 Miss. Admin. Code Pt. 16, R. 8.1 Rule 8.1

A permit is required by any person, organization or group sponsoring a regatta, motorboat or other race, marine parade, exhibition, firework displays etc.

22 Miss. Admin. Code Pt. 16, R. 8.2 Rule 8.2

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.

22 Miss. Admin. Code Pt. 16, R. 8.3 Rule 8.3

Applicant must submit a copy of any entry requirements as well as any special rules pertaining to equipment, rigs or procedures.

22 Miss. Admin. Code Pt. 16, R. 8.4 Rule 8.4

Applicant must attach a section of a chart or a scale drawing showing the boundaries and/or course and markers contemplated.

22 Miss. Admin. Code Pt. 16, R. 8.5 Applicant is responsible for providing adequate protection from marine traffic interference and hazards

22 Miss. Admin. Code Pt. 16, R. 8.6 Applications must be received by the MDMR no less than thirty (30) days prior to the date of the event

22 Miss. Admin. Code Pt. 16, R. 8.7 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.

Chapter 9 RULES OF THE ROAD

22 Miss. Admin. Code Pt. 16, R. 9.1 Rule 9.1

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.

Chapter 10 PENALTIES

22 Miss. Admin. Code Pt. 16, R. 10.1 Rule 10.1

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.

Chapter 11 CHAPTERS AND SUBCHAPTERS DECLARED SEPERABLE

22 Miss. Admin. Code Pt. 16, R. 11.1 Rule 11.1

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.

Part 17 REGULATION OF SHELLFISH LANDING, UNLOADING, TRANSPORTING, PROCESSING, BUYING, SELLING, OPENING, AND OTHER SHELLFISH RELATED ACTIVITIES IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

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.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

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.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

The Commission is required by Miss. Code Ann. § 49-15-15 (1) (c) to regulate all seafood sanitation and processing programs.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

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).

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

Miss. Code Ann. § 49-15-28, addresses seafood wholesale licensing.

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

Miss. Code Ann. § 49-15-29, authorizes the Commission to assess and collect certain taxes and license fees.

22 Miss. Admin. Code Pt. 17, R. 105 Rule 105

Miss. Code Ann. § 49-15-30, authorizes the Commission to promulgate regulations for nonresident certificates.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

Miss. Code Ann. § 49-15-42, addresses tagging, landing and unloading of oysters.

22 Miss. Admin. Code Pt. 17, R. 107 Rule 107

Miss. Code Ann. § 49-15-43, addresses the packaging of oysters.

22 Miss. Admin. Code Pt. 17, R. 108 Rule 108

Miss. Code Ann. § 49-15-45, provides that certain municipalities may enforce oyster regulations.

22 Miss. Admin. Code Pt. 17, R. 109 Rule 109

Miss. Code Ann. § 49-15-46 (4), requires all oysters harvested in Mississippi shall be tagged.

22 Miss. Admin. Code Pt. 17, R. 110 Rule 110

Miss. Code Ann. § 49-15-63, addresses general penalties for violation of these regulations.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

ADULTERATED – 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.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

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.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

CERTIFIED INTERSTATE SHELLFISH SHIPPER – An individual, firm or corporation who has been issued a numbered license and certification by the Commission or the Mississippi Department of Marine Resources (DMR), its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee for molluscan shellfish handling and processing, or a non-resident individual, firm or corporation who has been issued a numbered license and certification by the non-resident's appropriate State Shellfish Control Authority indicating that the individual, firm or corporation operates in compliance with the sanitation and program regulations of the NSSP, and is therefore eligible to participate in the interstate shipment of molluscan shellfish.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

CERTIFIED SHELLFISH PLANT – A certified shellfish plant is defined as a shellfish plant which complies with the provisions of this Part and which possesses a valid shellfish processing plant license and certification from the Commission or the DMR, its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee for shellfish handling and processing. A certified shellfish plant is recognized as a Certified Interstate/Intrastate Shellfish Shipper. A certified shellfish plant is designated as either a: Shellstock Shipper (SS), Shucker- Packer (SP), Repacker (RP) or Reshipper (RS).

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

ILLEGAL MOLLUSCAN SHELLFISH – All molluscan shellstock, molluscan shellfish, obtained from uncertified shops or dealers or from an unlicensed harvester, molluscan shellstock obtained from waters not declared safe and sanitary by the DMR

and offered for sale or sold, and shucked molluscan shellfish obtained from uncertified shops or dealers (Miss Code Ann. §49-15-3(e)).

22 Miss. Admin. Code Pt. 17, R. 105 Rule 105

INTERSTATE COMMERCE – The movement of a shipment or service across state or international borders; or the intent to continue a movement within a state that originated from another state or country.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

INTRASTATE COMMERCE – The movement that originates in a single state, moves in that state only and delivers in that originating state.

22 Miss. Admin. Code Pt. 17, R. 107 Rule 107

LANDED – The point at which molluscan shellfish first are brought to a point of land after being harvested and are no longer transported by boat or vessel.

22 Miss. Admin. Code Pt. 17, R. 108 Rule 108

MOLLUSCAN SHELLFISH – All edible molluscan shellfish species of oysters, clams, mussels, or scallops; either shucked or in the shell; fresh or frozen; whole or in part.

22 Miss. Admin. Code Pt. 17, R. 109 Rule 109

MISBRANDED – Shucked molluscan shellfish shall be deemed to be misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance to Chapter 11 (Labeling and Tagging of Molluscan Shellfish) of this Part.

22 Miss. Admin. Code Pt. 17, R. 110 Rule 110

REPACKER (RP) – A person other than the original certified shucker-packer who repacks shucked molluscan shellfish into other containers. A repacker may also repack and ship shellstock. A repacker shall not shuck molluscan shellfish.

22 Miss. Admin. Code Pt. 17, R. 111 Rule 111

RESHIPPER (RS) – A person who purchases shucked molluscan shellfish or shellstock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers.

22 Miss. Admin. Code Pt. 17, R. 112 SHALL – Is used to state mandatory requirements

22 Miss. Admin. Code Pt. 17, R. 113 SHELLSTOCK – Molluscan s hellfish in the shell

22 Miss. Admin. Code Pt. 17, R. 114 Rule 114

SHELLSTOCK SHIPPER (SS) – A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck molluscan shellfish or to repack shucked molluscan shellfish. A shellstock shipper may also ship shucked molluscan shellfish

22 Miss. Admin. Code Pt. 17, R. 115 Rule 115

SHOULD – Is used to state recommended or advisory procedures or to identify recommended equipment.

22 Miss. Admin. Code Pt. 17, R. 116 Rule 116

SHUCKER-PACKER (SP) – A person who shucks and packs molluscan shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack molluscan shellfish originating from other certified dealers.

Chapter 04 Requirements for Non-Residents

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

As provided for in Miss. Code Ann. § 49-15-30, it shall be unlawful for any nonresidents buying, selling, transporting, or handling molluscan shellfish in the State of Mississippi to fail to:

22 Miss. Admin. Code Pt. 17, R. 100.01 Rule 100.01

Purchase or pay all fees and licenses required of a Mississippi resident engaged in a similar or like activity in said nonresident's state. 100.02 Purchase or pay all additional fees and licenses required of a Mississippi resident engaged in a similar or like activity in Mississippi.

Chapter 05 Transfer of Tagged Molluscan Shellfish

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

When molluscan shellfish are transferred from a licensed harvester to a certified dealer or from a certified dealer’s mobile unit to another certified dealer’s mobile unit, the transfer of tagged molluscan shellfish shall take place across transfer facilities or locations that are periodically monitored by DMR for sanitary conditions or at a certified dealer’s facility that is inspected by the DMR. There shall be no such transfers at any other locations except for emergency conditions as declared by the certified dealer and approved by the DMR. It shall be unlawful to fail to comply with the terms of this section.

Chapter 06 Molluscan Shellfish Handling and/or Processing Facilities

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Any person, firm, corporation or business desiring to alter an existing or construct a new molluscan shellfish handling/transporting/processing facility shall acquire a Mississippi Certified Shellfish Sanitation or Processing Plant license and certification from the DMR to operate any such facility, should contact the DMR staff in charge of the regulatory molluscan shellfish handling and processing responsibilities. The DMR staff shall be contacted prior to handling or processing any molluscan shellfish in any fashion in any altered or new molluscan shellfish handling/ transporting/processing facility. It shall be unlawful to fail to comply with the terms of this section.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

The DMR shall manage the State of Mississippi’s molluscan shellfish sanitation program according to the relevant specifications stated in the current NSSP Model Ordinance Guidelines/ISSC, and according to Commission Title and Parts that are not in conflict with these specifications and according to the applicable statutes of the State of Mississippi. The current NSSP Model Ordinance is available from the ISSC website: http://www.issc.org.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

The DMR’s management includes inspections of the certified facilities in accordance with relevant NSSP/ISSC sanitation/health safety specifications and issuance to certified dealers itemized statements of compliances and non-compliances with these specifications. For the cited excessive non-compliances, the DMR shall provide the

processor a schedule of corrections to bring the facilities into compliance according to the current and applicable NSSP/ISSC specifications. Otherwise, certification shall not be issued or renewed, and will be considered revoked. It shall be unlawful to operate a processing or shipping facility without a current valid license and certification.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

The implementation of the requirements by the DMR as specified herein is subject to the following:

22 Miss. Admin. Code Pt. 17, R. 103.01 Rule 103.01

No procedure or guideline of the NSSP/ISSC, which is or may be in conflict with any statute of the Legislature of the State of Mississippi has or should be in the future applied or enforced by the DMR. 103.02 No procedure or guideline of the NSSP/ISSC which may be more stringent than any relevant federal regulation or law has or should be applied by the DMR. 103.03 The DMR may, consistent with its existing practice, dispute any proposed or adopted procedure or guideline of the NSSP/ISSC, in accordance with the procedures laid down therefore by said Conference; when, in the opinion of the DMR, any such proposed guideline or regulation would appear to be unnecessary for the accomplishment of the goals of the NSSP/ISSC, or scientifically invalid, or unduly and unnecessarily burdensome upon the State of Mississippi’s molluscan shellfish industry, or for any other reason deemed proper by the DMR.

Chapter 07 Legally Harvested and Properly Tagged

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

It shall be unlawful for any person, firm, or corporation to possess, land, handle, unload, open, sell or offer for sale or transport any molluscan shellfish taken from the waters under the territorial jurisdiction of the State of Mississippi except those molluscan shellfish taken legally and properly tagged from an area declared open to molluscan shellfish harvesting by public order of the Commission or as hereby authorized by the DMR, its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee in accordance with the procedures outlined in the most current version of Title 22 Part I (Oyster Harvesting) and as provided for in Miss. Code Ann. § 49-15-42.

Chapter 08 Possession of Illegal Molluscan Shellfish

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

It shall be unlawful for any person, firm or corporation to sell or possess any illegal molluscan shellfish as provided for in Miss. Code Ann. § 49-15-44.

Chapter 09 Processing Plant Requirements for License and Certification

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

As provided in Miss. Code Ann. § 49-15-15 (1)(c), in the three coastal counties, the shellfish sanitation program regulating processing plants and molluscan shellfish sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the Commission.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

It shall be unlawful for any person, firm or corporation to engage in handling, shucking, packaging, repackaging, or shipping molluscan s hellfish for sale, who does not possess a dealer’s or processor’s license and certification from the Commission or as hereby authorized by the DMR, its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee in charge of molluscan shellfish handling and processing. The license and certification must be renewed annually. This does not apply to a restaurant or similar establishment, which may shuck and serve, under sanitary conditions, raw oysters at a half-shell bar for consumption on the premises.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

Each certified molluscan shellfish seafood facility shall follow the provisions as described in the general requirements for dealers in the current NSSP Model Ordinance Guidelines.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

A license and certification held by a person shall be suspended or revoked by the Commission when it has reason to believe that a public health hazard exists or whenever the holder has violated any of the requirements of this regulation or whenever the holder has interfered with a representative of the DMR in the performance of duties.

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

The DMR shall in all cases serve upon the holder a written notice of intent to suspend the license and certification. The notice shall specify the violations and afford the holder such reasonable opportunity to correct such violations as may be agreed to by the parties or in absence of agreement fixed by the Commission before making any order of suspension effective. A copy of the inspection sheet handed to the license and certification holder or his authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute a written notice to suspend the license and certification.

22 Miss. Admin. Code Pt. 17, R. 105 Rule 105

A suspension of license and certification shall remain in effect until the violation has been corrected to the satisfaction of the Commission. In a case where the molluscan shellfish and molluscan shellfish products involved create a health hazard or whenever adulterated or misbranded molluscan shellfish and/or molluscan shellfish products are found, or in any case of willful refusal to permit an inspection, the DMR, its Executive Director, Seafood Technology Bureau Director, or other DMR personnel designated by the DMR Executive Director, may issue a Cease and Desist order effective immediately to suspend all related molluscan shellfish activities. This order shall be in effect until such time as proper corrective actions have been taken and the order is officially lifted.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

Upon request for reapplication, from any person whose license and certification has been suspended, the Commission or as hereby authorized DMR officers, the DMR shall make such inspection(s) and/or collect samples as deemed necessary to determine compliance

with the requirement of this regulation. Upon repeated violations, the Commission may revoke a license and certification following reasonable notice to the license and certification holder and an opportunity for a hearing.

Chapter 10 Adulterated, Misbranded, or Unlabeled Molluscan Shellfish and Molluscan Shellfish Products Prohibited

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

It shall be unlawful for any person within the state of Mississippi, under the jurisdiction and authority of the Commission in accordance with Miss. Code Ann. 49-15-15 (1) (c) to provide, purchase, sell, offer, possess, or expose for sale, or have in possession with intent to sell, any raw molluscan shellfish and molluscan shellfish products which are adulterated, misbranded, mislabeled or unlabeled.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

No person shall hold or pack molluscan shellfish under conditions whereby the molluscan shellfish may become adulterated.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

Any adulterated, misbranded, mislabeled, or unlabeled molluscan shellfish or molluscan shellfish products under the jurisdiction and authority of the Commission in accordance with Miss. Code Ann. 49-15-15 (1) (c), may be impounded by the direction of the Commission or as hereby authorized by the DMR, its Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or other DMR designee in charge of molluscan shellfish handling and processing, or Marine Patrol Officer.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

Seizure and disposal of molluscan shellfish products shall be carried out by a Marine Patrol Officer as directed by the Commission, or as hereby authorized by the DMR Executive Director, Director of Marine Fisheries, Seafood Technology Bureau Director or Certified Seafood Officer, in charge of molluscan shellfish handling and processing.

Chapter 11 Labeling and Tagging of Molluscan Shellfish

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

All containers or packages enclosing fresh shucked or frozen raw shucked molluscan shellfish and shucked molluscan shellfish products shipped within, into or out of the State of Mississippi shall originate from a certified dealer and shall be conspicuously, indelibly, and legibly labeled with the following information:

22 Miss. Admin. Code Pt. 17, R. 100.01 Rule 100.01

Name of the product. 100.02 Name and address of the packer, repacker, or distributor. 100.03 Size of container. 100.04 Certification number. 100.05 Net drained weight when packed. 100.06 On packages containing sixty-four (64) fluid ounces or more shall have on the lid and sidewall or bottom the “DATE SHUCKED” indicated as the number of the day, month and year or the month, day and year.

22 Miss. Admin. Code Pt. 17, R. 100.07 Rule 100.07

On packages of less than sixty-four (64) fluid ounces of fresh product labeled with the wording “SELL BY’ followed by a date expressed as a month, day and year, not to exceed seventeen (17) days from the date shucked. 100.08 Containers of frozen shucked molluscan shellfish shall show the date the product was shucked and the date frozen, labeled as "DATE SHUCKED" and "DATE FROZEN" followed by the date expressed as the month, day, and year. Shucked product previously frozen must be labeled with the wording "PREVIOUSLY FROZEN".

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

All molluscan shellfish shipped within, into or out of the State of Mississippi by a certified dealer shall be tagged with the following indelible, legible information:

22 Miss. Admin. Code Pt. 17, R. 101.01 Rule 101.01

Dealer’s name 101.02 Dealer’s address 101.03 Dealer certification number and original shellstock shipper’s certification number 101.04 Date of harvest 101.05 Harvest area

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

When both the harvester and dealer tags appear on the container, the dealer’s tag is not required to duplicate the information on the harvester’s tag.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

It shall be unlawful for any molluscan shellfish harvested from Mississippi waters or landed in the state and shipped into interstate commerce to originate from other than a Mississippi Certified Dealer.

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

If the molluscan shellfish is removed from the original container by the dealer, the tag on the new container shall meet the requirements in Chapter 11 of this Part.

22 Miss. Admin. Code Pt. 17, R. 105 Rule 105

All molluscan shellfish and shucked molluscan shellfish shipped by a certified dealer within, into or out of the State of Mississippi shall be accompanied by a bill of lading or bill of sale with the following information:

22 Miss. Admin. Code Pt. 17, R. 105.01 Rule 105.01

Shipper's name, address, and certification number. 105.02 Date of shipment. 105.03 Name and address of consignee. 105.04 Type and quantity of molluscan shellfish products. 105.05 Bulk tagging of shellstock is permitted when conducted in accordance with current NSSP guidelines as described in the most current version of the NSSP’s Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

The Executive Director may establish additional labeling and tagging requirements as may be required or necessary according to the most recent labeling/tagging changes in the current version of the ISSC’s NSSP Model Ordinance.

Chapter 12 Purchase and Sales Records / Molluscan Shellfish Tag Retention

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Persons, firms or corporations handling, shucking, buying, selling, or shipping molluscan shellfish shall keep accurate records showing the names, addresses, and certification numbers of all persons from whom lots of molluscan shellfish are received, the source of each lot (growing area) and the names and addresses of persons to whom lots are sold or shipped and the dates of the aforementioned transactions. Shellfish tags are required to be attached to containers until containers are empty and thereafter kept on record for at least ninety (90) days. Persons, firms or corporations handling, shucking, buying, selling or shipping shellstock shall record the tag number of each container of shellstock and to whom or from whom the shellstock were shipped, sold, bought or received. Such records shall be open to inspection at any time during operating hours, by any duly authorized representative of the DMR, including Officers of the Marine Patrol.

Chapter 13 Shipping and Transportation of Molluscan Shellfish

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Licensed harvesters may transport their own daily harvested shellstock intrastate unrefrigerated, within the time limits under the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance .

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

Interstate shipping of molluscan shellfish shall only be through a certified seafood dealer or processor and no molluscan shellfish shall enter or exit the state of Mississippi un- refrigerated.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

It shall be unlawful for shellstock to fail to be transported in refrigerated trucks when the shellstock have been previously refrigerated.

22 Miss. Admin. Code Pt. 17, R. 103 When mechanical refrigeration units are used, the units shall:

22 Miss. Admin. Code Pt. 17, R. 103.01 Rule 103.01

Be equipped with automatic controls; and 103.02 Maintain the ambient air temperature in the storage area at temperatures consistent with the requirements in the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

All ice used in the processing, storage, or transportation of shellstock or shucked molluscan shellfish shall:

22 Miss. Admin. Code Pt. 17, R. 104.01 Rule 104.01

Be made on-site from potable water in a commercial ice machine; or 104.02 Come from a facility sanctioned by the DMR or the appropriate regulatory agency.

22 Miss. Admin. Code Pt. 17, R. 105 Dealers and Processors shall ship all molluscan shellfish:

22 Miss. Admin. Code Pt. 17, R. 105.01 Rule 105.01

Adequately iced as defined in the most current version of the ISSC’s NSSP Model Ordinance; or 105.02 In mechanically refrigerated conveyances which are equipped with automatic temperature controls that maintain the ambient air temperature in the storage area at temperatures consistent with the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

It shall be unlawful for any transportation of shucked molluscan shellfish to fail to be in either mechanically refrigerated vehicles or adequately iced as defined in the most current version of the ISSC’s NSSP Model Ordinance and protected from contamination.

22 Miss. Admin. Code Pt. 17, R. 107 Rule 107

It shall be unlawful for any molluscan shellfish, whether refrigerated or not, to be unprotected from sun and contamination during transport. Dogs, cats, birds, and other animals shall not be allowed in any vehicle or vessel used to transport molluscan shellfish.

22 Miss. Admin. Code Pt. 17, R. 108 Rule 108

All vehicles transporting shucked molluscan shellfish intrastate must be properly licensed in accordance with Miss. Code Ann. 49-15-28 and 49-15-29.

22 Miss. Admin. Code Pt. 17, R. 109 Rule 109

Frozen molluscan shellfish shall be transported in such a manner as to remain frozen solid and the temperature of the product maintained at 0°F (-17.8°C) or less.

22 Miss. Admin. Code Pt. 17, R. 110 Rule 110

Other than documented common carriers, all mechanically refrigerated transport vehicles used by DMR certified dealers for transporting molluscan shellfish must be certified and inspected by the DMR.

22 Miss. Admin. Code Pt. 17, R. 111 Rule 111

It shall be unlawful to open containers of shucked molluscan shellfish in transit, except for inspection by an official of the DMR or other duly authorized official.

22 Miss. Admin. Code Pt. 17, R. 112 Rule 112

The Executive Director may establish other time and temperature controls on the shipping and transportation of shellstock as may be required or necessary according to the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

Chapter 14 Receiving and Storage of Molluscan Shellfish

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Dealers receiving shellstock from a harvester shall only accept shellstock that is accompanied by documentation from the harvester demonstrating that the shellstock was harvested under the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

When the dealer is also the harvester, molluscan shellfish shall be placed in a mechanically refrigerated unit within the requirements of the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

Molluscan Shellfish dealers and processors shall place molluscan shellfish under temperature control within the requirements of the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 103 Rule 103

Molluscan Shellfish shall be stored in a mechanically refrigerated conveyance or unit which is equipped with automatic temperature controls and maintains the ambient air temperature in the storage area consistent with the requirements of the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

22 Miss. Admin. Code Pt. 17, R. 104 Rule 104

Shucked molluscan shellfish may be stored adequately iced as defined in the most current version of the ISSC’s NSSP Model Ordinance provided that the ice is from a DMR approved water source and is free of contaminants.

22 Miss. Admin. Code Pt. 17, R. 105 Rule 105

Frozen molluscan shellfish shall be stored in such a manner as to remain frozen solid and the temperature of the product maintained at 0°F (-17.8°C) or less.

22 Miss. Admin. Code Pt. 17, R. 106 Rule 106

Once placed under temperature control and until sale to the final processor or consumer, it shall be unlawful to fail to keep molluscan shellfish:

22 Miss. Admin. Code Pt. 17, R. 106.01 Rule 106.01

Adequately iced as defined in the most current version of the ISSC’s NSSP Model Ordinance; or 106.02 Placed and stored in a storage area or conveyance maintained according to the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance; and 106.03 Without ice, mechanical refrigeration or other approved methods of refrigeration for more than two (2) hours at points of transfer.

22 Miss. Admin. Code Pt. 17, R. 107 Rule 107

Shellstock oysters shall be packed in clean barrels, sacks, hampers, or other measurable containers.

22 Miss. Admin. Code Pt. 17, R. 108 Rule 108

The Executive Director may establish other time and temperature controls on receiving and storing shellstock as may be required or necessary according to the most recent time/temperature changes in the current version of the ISSC’s NSSP Model Ordinance.

Chapter 15 Recreationally Harvested Shellstock or Molluscan Shellfish Purchased for Personal Consumption

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Chapters 13 & 14 of this Part shall not apply to recreationally harvested shellstock or molluscan shellfish purchased for personal consumption from a licensed and certified establishment or individual. All molluscan shellfish purchased for personal consumption must be properly labeled as specified in this Part, and be accompanied by a receipt or a

bill of sale containing the following information, the intent being that the following information is present and available for inspection by any official of DMR:

22 Miss. Admin. Code Pt. 17, R. 100.01 Rule 100.01

Name, license and certification number of seller 100.02 Quantity of molluscan shellfish purchased 100.03 Purchase date

Chapter 16 Molluscan Shellfish Recall

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

When molluscan shellfish have been landed and have moved into or through the handling, processing and/or marketing system and have been determined by the DMR as subjected to contamination that threatens imminent peril to public health, such oysters shall be recalled. The recalled oysters shall be properly disposed of under the supervision of the DMR to prevent human consumption.

Chapter 17 Depuration

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Depuration of shellstock is permitted as described in the current NSSP Model Ordinance guidelines.

Chapter 18 Post Harvest Processing

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Post Harvest Processing is permitted as described in the current NSSP Model Ordinance guidelines.

Chapter 19 Responsibility

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

It shall be the duty and responsibility of each owner, manager, and operator of a certified molluscan shellfish plant to insure that all regulations pertaining thereto are strictly adhered to and that only safe, wholesome, unadulterated molluscan shellfish shall be offered for sale to the consuming public. It shall be his duty and responsibility to see that his plant is properly supervised at all times and all molluscan shellfish can be identified, whether shellstock or shucked molluscan shellfish, to ensure that they were harvested from approved growing waters and that they have been handled and processed in a sanitary manner. Each owner shall be subject to penalties under this Part and Miss. Code Ann.

Chapter 20 Penalties

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. §

49-15-63 unless a penalty is specifically provided elsewhere in the Mississippi Code of 1972, Annotated.

22 Miss. Admin. Code Pt. 17, R. 101 Rule 101

Violations of more than one section or subsection of this Part or part thereof shall be considered separate offenses and punished as such.

22 Miss. Admin. Code Pt. 17, R. 102 Rule 102

Any molluscan shellfish in violation of any section of this Part shall be subject to confiscation and disposal of such molluscan shellfish by direction of any designated Marine Patrol Officer of the DMR.

Chapter 21 Sections and Subsections Declared Separable

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Each section and subsection of this Part is hereby declared separable, and if any section or subsection or part thereof shall be held invalid or unconstitutional, the balance of said Title 22 Part 17 shall remain in full force and effect.

Chapter 22 Administrative Procedures Act

22 Miss. Admin. Code Pt. 17, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act, Section 25-43-101.1, et seq., of the Mississippi Code of 1972, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 17.001 has been modified and the commission and department 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.

Part 18 RULES AND REGULATIONS FOR SPECIAL PERMITS IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 18, R. 1.1 This part provides regulations for special permits

CHAPTER 02 JUSTIFICATION AND AUTHORITY

22 Miss. Admin. Code Pt. 18, R. 2.1 Rule 2.1

The Mississippi Department of Marine Resources (MDMR) is vested with the jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-303, 49-15-304, 49-15-307, 57-15-10, and 79-22- 15.

22 Miss. Admin. Code Pt. 18, R. 2.2 Rule 2.2

The MDMR is authorized to prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resources studies.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-303, 49-15-304, 49-15-307, 57-15-10, and 79-22- 15.

22 Miss. Admin. Code Pt. 18, R. 2.3 Rule 2.3

The MDMR is authorized to promulgate rules and regulations governing the taking of oysters and shrimp by nonprofit organizations and shall issue such regulations to all organizations upon request and the issuance of the special permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 2.4 The MDMR is authorized to issue permits to obtain estuarine and marine brood stock

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 79-22-15.

CHAPTER 03 CONDITIONS APPLICABLE TO ALL SPECIAL PERMITS

22 Miss. Admin. Code Pt. 18, R. 3.1 Each application received will be reviewed based on individual project merit

After review by personnel of the MDMR, a recommendation will be made to the Executive Director of the MDMR or his designee as to the validity of the permit request and if it has sufficient merit for issuance.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.2 Rule 3.2

The Executive Director of the MDMR or his designee reserves the right to cancel for cause at any time an existing Special Permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.3 Rule 3.3

The original permit or a copy of the original permit must be in the possession of one of the permittees when taking or possessing samples under the conditions of the permit. Permits are not transferable but may be issued in more than one person’s name.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.4 Rule 3.4

The MDMR reserves the right at any time to send an observer aboard any vessel to monitor collection or harvesting activities.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.5 Rule 3.5

The taking of threatened, endangered, or otherwise prohibited species is strictly prohibited, unless proper authority is received from the controlling regulating federal/state agency. A copy of said authority must be submitted to the MDMR along with the initial application of the appropriate permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.6 Rule 3.6

No other commercial or recreational harvesting and/or collecting can take place during the harvesting or collecting activity being conducted under the issuance of any Special Permits, unless otherwise authorized by the Executive Director.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.7 Rule 3.7

All MDMR Special Permits are valid only in the marine waters and state managed areas under the territorial jurisdiction of the MDMR. These waters include all waters south of Interstate 10 in Hancock, Harrison and Jackson Counties and extend to approximately three miles south of the barrier islands. All state managed areas include those parcels acquired and managed by the MDMR’s Coastal Preserves Program. To conduct sampling activities within the one-mile boundary of the Gulf Islands National Seashore permission must also be obtained from the National Park Service located in Ocean Springs, MS at (228) 875-9057.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.8 Rule 3.8

The MDMR Marine Patrol Office (228) 523-4134 must be notified the morning of sampling in advance of the start of any research activity.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.9 All Special Permits will expire December 31 of the year of issuance, unless otherwise noted

The Executive Director or his designee may set time limits or restrict the duration of

harvest activities as deemed necessary.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.10 Rule 3.10

The Non-Profit Organization Harvesters Permit must be signed by both the Executive Director of the MDMR and the permittee.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 3.11 Rule 3.11

Violation of any of these conditions will render the Special Permit null and void and subject the violator to penalty provisions identified in Chapter 9 below.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 04 SCIENTIFIC RESEARCH PERMIT

22 Miss. Admin. Code Pt. 18, R. 4.1 Rule 4.1

For the purpose of this permit, scientific research is defined as any research, monitoring, restoration, or collection activity having potential direct or indirect impact to state-managed natural resources. When making the initial request in writing for an MDMR Scientific Research Permit the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of all person(s) that will be conducting field research activities under the provisions of the specific permit. C. Registration and/or documentation number(s) of all vehicles or vessels that will be involved in research activities and name of vessel(s), as applicable. D. A general description of all activities which will be conducted, including a schedule of activities, research methods, number and size of all gear to be used, and frequency of activity by gear type, and a target sample/harvest size, as applicable. E. A map showing the geographical location of the research activities, with each location identified by coordinates.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 4.2 Rule 4.2

A complete written report of all collection activities must be submitted on a form provided by the MDMR within 30 days of the expiration date of the permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

22 Miss. Admin. Code Pt. 18, R. 4.3 Rule 4.3

None of the samples collected under the authority of an MDMR Scientific Research Permit are to be sold, bartered, traded or consumed. Only applicants who can demonstrate a specific need for retaining samples as an integral part of the project will be authorized to retain samples.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307.

CHAPTER 05 NON-PROFIT ORGANIZATION HARVESTERS PERMIT

22 Miss. Admin. Code Pt. 18, R. 5.1 Rule 5.1

If the non-profit organization is requesting to harvest shrimp prior to the official opening of the season or if the non-profit organization is requesting to harvest oysters outside the open season or in areas not normally open to harvest, the initial request must be submitted in writing and the applicant must include the following information on a form provided by the MDMR. A. Applicant name, date, official name and tax exempt number of non-profit organization, phone number of applicant, email address and address. B. Names of all person(s) that will be harvesting or transporting shrimp and/or oysters. C. Registration and/or documentation number(s) of all vehicles or vessels involved in harvesting or transporting shrimp and/or oysters and name of vessel(s), as applicable. D. A general description of all activities which will be conducted, including a schedule of harvest activities, number and size of all gear to be used, frequency of collection activity by gear type, and a target harvest amount. E. A description of the general area where harvest activity will take place. F. The point of departure and return must be included in the application. G. Name and date of the function shrimp or oyster are harvested for.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 5.2 Rule 5.2

Applicants must be tax-exempt organizations under Section 501 (c) of the United States Internal Revenue Code and have on file with the State Tax Commission a tax-exempt letter issued by the United States Internal Revenue Service. Each application received will be reviewed by Office of Marine Fisheries personnel, and a recommendation will be made to the Executive Director of the MDMR or his designee as to the validity of the permit request and if it has sufficient merit for issuance.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 5.3 Rule 5.3

The Shrimp Permit will only be issued to non-profit organizations that conduct functions prior to the official opening of shrimp season. The Oyster Permit will only be issued to non-profit organizations demonstrating a need to harvest oysters outside the open season or in areas closed to harvest. All regulations and statutes must be adhered to as defined in the current version of Title 22 Parts 1 and 2 as well as the applicable state statute.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 5.4 Rule 5.4

Trawling and oyster harvesting is limited to the hours beginning thirty (30) minutes before legal sunrise and ending thirty (30) minutes after legal sunset on the date that harvest is permitted. In the event of inclement weather an alternate date must be included on the application. Harvest activities must be coordinated with the Office of Marine Fisheries a

minimum of one week prior to any harvesting and all harvest activities as regulated under State Statute or Part apply.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 5.5 Rule 5.5

The total catch of shrimp will be limited to that deemed necessary by the MDMR and the applicant, but will not exceed a maximum of 500 pounds. Any by-catch must be returned to the water immediately. The Executive Director will determine the total number of oysters the permittee will be allowed to harvest under the conditions of the permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 5.6 Rule 5.6

A complete written report of all harvest activities must be submitted on a form provided by the MDMR within 30 days of the expiration date of the permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

CHAPTER 06 MARINE BROOD STOCK COLLECTION PERMIT

22 Miss. Admin. Code Pt. 18, R. 6.1 Rule 6.1

When making the initial request in writing for a Marine Brood Stock Collection Permit the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of all person(s) that will be conducting field collections under the provisions of the specific permit. C. Registration and/or documentation number(s) of all vehicles or vessels that will be involved in collection activities and name of vessel(s) if applicable. D. A general description of all activities which will be conducted, including a schedule of collection activities, collection methods, number and size of all gear to be used, frequency of collection activity by gear type. E. A map showing the geographical location of the collection activities. F. Target species and proposed number of each species to be harvested.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 79-22-15.

22 Miss. Admin. Code Pt. 18, R. 6.2 Rule 6.2

A complete written report of all collection activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 79-22-15.

22 Miss. Admin. Code Pt. 18, R. 6.3 None of the finfish or shellfish collected under the authority of a Marine Brood Stock

Collection Permit are to be sold, bartered, traded or consumed.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 79-22-15.

CHAPTER 07 EXPERIMENTAL GEAR/UNDERUTILIZED SPECIES PERMIT

22 Miss. Admin. Code Pt. 18, R. 7.1 Rule 7.1

When making the initial request in writing for an Experimental Gear/Underutilized Species Permit the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of all person(s) that will be conducting harvest activities under the provisions of the specific permit. C. Registration and/or documentation number(s) of all vehicles or vessels that will be involved in harvest activities and name of vessel(s), as applicable. D. A general description of all activities which will be conducted, including a schedule of harvest activities, harvest methods, number and size of all gear to be used, including a diagram of gear to be used, and a target harvest amount, as applicable.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-15- 307.

22 Miss. Admin. Code Pt. 18, R. 7.2 Rule 7.2

A complete written report of all harvest activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit to include but not limited to: A. Number of trips B. Duration of trips C. Number and/or pounds of target species harvested D. Disposition of catch E. Area of harvest

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 57-15-10.

22 Miss. Admin. Code Pt. 18, R. 7.3 Rule 7.3

Only the target species harvested under the authority of a Marine Experimental Gear/Underutilized Species Permit are allowed to be sold, bartered, traded or consumed. All other species of marine organisms must be returned immediately to the marine waters under the territorial jurisdiction of the State of Mississippi.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 57-15-10.

22 Miss. Admin. Code Pt. 18, R. 7.4 Rule 7.4

The Executive Director of the MDMR or his designee will determine the types of commercial licenses that must be obtained for harvesting seafood under the Marine Experimental Gear/Underutilized Species Permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 57-15-10.

CHAPTER 08 SPECIAL TRANSPORT PERMIT

22 Miss. Admin. Code Pt. 18, R. 8.1 Rule 8.1

If any agency, institution, organization, or corporation requests to transport for the purposes of rehabilitation, research or education any live or dead specimen(s) of marine species for which harvest or possession is otherwise prohibited, the initial request must be submitted in writing and the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of person(s) that will be conducting transport operations under the provisions of the specific permit. C. Registration and/or documentation number(s) of all vehicles or vessels that will be involved in transport activities and name of vessel(s) if applicable. D. A general description of all activities which will be conducted, including a schedule of transport activities and transport methods. E. Species and proposed number of each species to be transported.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 57-15-10.

22 Miss. Admin. Code Pt. 18, R. 8.2 Rule 8.2

A complete written report of all transport activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit.

MISS. CODE ANN. §§49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 57-15-10.

CHAPTER 09 PENALTIES

22 Miss. Admin. Code Pt. 18, R. 9.1 Violations under this part will be charged in accordance with the provisions of Miss

Code Ann. §49-15-1 et seq. Each day of a continuing violation constitutes a separate violation. Violations of more than one chapter or subchapter of this part or part thereof will be considered separate offenses and punished as such.

MISS. CODE ANN. §§49-15-1 et seq.

CHAPTER 10 CHAPTERS AND SUBCHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 18, R. 10.1 Rule 10.1

Each chapter and subchapter of this Part is hereby declared separable, and if any chapter or subchapter or part thereof is held invalid or unconstitutional, the balance of said Title 22 Part 18 will remain in full force and effect.

MISS. CODE ANN. §§49-15-1 et. seq.

Part 19 Part 19: Rules and Regulations for the Use of State-Owned Coastal Preserve Areas

Chapter 01 INTRODUCTION

22 Miss. Admin. Code Pt. 19, R. 1.1 This Part establishes regulations for public use of state-owned Coastal Preserve Areas (CPAs)

MISS. CODE ANN. §49-27-1 et seq.

Chapter 02 JUSTIFICATION AND AUTHORITY

22 Miss. Admin. Code Pt. 19, R. 2.1 Rule 2.1

The mission of the Coastal Preserves Program is to effectively preserve, conserve, restore, and manage Mississippi's coastal ecosystems to perpetuate their natural characteristics, features, ecological integrity, social, economic and aesthetic values for future benefit.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

22 Miss. Admin. Code Pt. 19, R. 2.2 Rule 2.2

The Coastal Preserves Program is charged with managing and maintaining its properties to the fullest extent possible in their natural state, except for the public purposes of hunting, fishing, and public outdoor recreational purposes consistent with preservation of the properties in their natural state.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

22 Miss. Admin. Code Pt. 19, R. 2.3 Rule 2.3

It is the public policy of this state to favor the preservation of the natural state of the coastal wetlands and their ecosystems and to prevent the despoliation and destruction of them.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

22 Miss. Admin. Code Pt. 19, R. 2.4 Rule 2.4

The Executive Director is vested with authority to adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora (plants), fauna (animals), tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to the marine resources under its jurisdiction.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

22 Miss. Admin. Code Pt. 19, R. 2.5 Rule 2.5

The killing or materially damaging any flora or fauna on or in any coastal wetland is subject to regulation by the Executive Director.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

22 Miss. Admin. Code Pt. 19, R. 2.6 Rule 2.6

The Executive Director is vested with the authority to adopt regulations to manage any matter pertaining to the marine resources of the state.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-5, and 57-15-10.

Chapter 03 GENERAL

22 Miss. Admin. Code Pt. 19, R. 3.1 Rule 3.1

These regulations are effective within and on all state-owned Coastal Preserve Areas (CPAs) under the jurisdiction of the Mississippi Department of Marine Resources (MDMR).

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 3.2 Users shall be responsible for any loss or damage caused to CPA facilities and natural resources within CPA boundaries

The MDMR reserves the right to pursue any legal means, whether civil and/or criminal, to recover its losses or damages.

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 3.3 Rule 3.3

CPAs are open to the public from 1 (one) hour before sunrise to 1 (one) hour after sunset with the exception of the state-owned portions of Deer Island and the state-owned portions of Cat Island, which are open twenty-four (24) hours.

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 3.4 Rule 3.4

Any CPA or parts thereof, including Deer Island and Cat Island, may be closed at any time for the protection and safety of the public or for the protection and management of the natural resources. Signs will be posted indicating the site is closed to the public and the public will be notified on the MDMR website and social media outlets.

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 3.5 The MDMR is not responsible for any accidents or injuries to any persons

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 3.6 The MDMR shall not be responsible for any property or article lost, stolen, or damaged on or in any CPA

MISS. CODE ANN. §§11-46-1 et seq. and 97-17-1 et seq.

Chapter 04 CAMPING

22 Miss. Admin. Code Pt. 19, R. 4.1 Recreational camping is only allowed on the state-owned sand beach areas of the Deer Island CPA and the Cat Island CPA

Camping may be considered on other CPAs on a case by case basis. If approved, a Letter of Permission will be granted from the MDMR Coastal Preserves Program.

MISS. CODE ANN. §49-27-3 et seq.

22 Miss. Admin. Code Pt. 19, R. 4.2 Rule 4.2

Recreational camping is limited to no more than seven (7) consecutive days without prior written approval, in the form of a Letter of Permission, from the MDMR Coastal Preserves

Program.

MISS. CODE ANN. §49-27-3 et seq.

22 Miss. Admin. Code Pt. 19, R. 4.3 Rule 4.3

Camping within three hundred (300) feet of any beach nesting shore bird colonies, bald eagle nests or osprey nests shall be considered harassment of wildlife.

MISS. CODE ANN. §49-27-3 et seq.

22 Miss. Admin. Code Pt. 19, R. 4.4 Campfires are permitted on bare sandy areas of the Cat Island and Deer Island CPAs near the water

Fire must be completely extinguished before leaving the area. In seasons of unusual dryness or excessive fire danger, fires may be prohibited on all CPAs. Burn bans will be enforced.

MISS. CODE ANN. §49-27-3 et seq.

22 Miss. Admin. Code Pt. 19, R. 4.5 Carving, chopping, or cutting down any live or dead standing vegetation for firewood or other use is prohibited

No wood containing nails, staples or metal of any kind may be used as firewood. Only loose, woody material on the ground may be collected for burning.

MISS. CODE ANN. §49-27-3 et seq.

Chapter 05 BOATING

22 Miss. Admin. Code Pt. 19, R. 5.1 Boaters must abide by the Mississippi Boating Law of 1960 and the Alcohol Boating Safety Act of 1995

MISS. CODE ANN. §§59-21-1 et seq. and 59-23-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 5.2 Rule 5.2

Liveaboards and houseboats are not allowed to be secured or otherwise attached to any lands or structures within CPAs for more than seven (7) consecutive days without prior written approval, in the form of a Letter of Permission, from the MDMR Coastal Preserves Program.

MISS. CODE ANN. §§59-21-1 et seq. and 59-23-1 et seq.

Chapter 06 HUNTING, TRAPPING, FISHING AND WILDLIFE

22 Miss. Admin. Code Pt. 19, R. 6.1 Rule 6.1

All persons must abide by all local, state and federal laws, and regulations governing hunting, trapping and fishing promulgated by the Mississippi Department of Marine Resources and the Mississippi Commission on Wildlife, Fisheries and Parks.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.2 Any CPA property lying within city limits is closed to hunting unless otherwise provided through city ordinance

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.3 Construction of, or hunting from, any permanent stands or blinds is prohibited

Destroying, defacing, cutting, driving nails or spikes into, or otherwise damaging any standing live tree, natural feature, or plant is prohibited. Portable stands (including tripods and ground blinds) must be removed from the CPA daily. Stands not in compliance with these regulations will be confiscated and disposed of by the MDMR.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.4 Rule 6.4

For safety purposes, no hunting is permitted within six hundred (600) feet of nature trails, roadways, parking lots, residences or other permanent structures, with the exception of archery hunting, with a safety zone of three hundred (300) feet. Discharge of a firearm or bow must be conducted in a manner not reasonably expected to cause the projectile to cross the boundary of the state-owned CPA, parking lot, road, or trail or to impact near any persons or manmade structures.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.5 Feeders shall not be erected on any CPA

Any feeders found will be confiscated and disposed of by the MDMR.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.6 Rule 6.6

Trapping of any kind is not allowed on CPAs unless a Letter of Permission is granted by the MDMR Coastal Preserve Program. A Letter Permission will generally be considered only for invasive species control. A Special Permit, as defined in Title 22, Part 18, is required for research and collecting biological specimens on all CPAs.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.7 Rule 6.7

Releasing into the wild any live animal or plant of any kind is prohibited without prior written approval in the form of a Letter of Permission from MDMR Coastal Preserves Program and a permit from the Mississippi Department of Wildlife, Fisheries and Parks.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.8 Any person engaging in fishing activities must have a valid Mississippi Fishing License

Any person engaging in hunting actives must have a valid Mississippi Hunting License. Only species that can be lawfully taken with these licenses may be removed from state-owned CPAs.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.9 Nuisance animals may be hunted in accordance with Title 40, Part 2, Chapter 7 Nuisance Animals

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.10 Harassment of wildlife, including spotlighting, is prohibited

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

22 Miss. Admin. Code Pt. 19, R. 6.11 Rule 6.11

All birds of prey (eagles, hawks, osprey, owls, kites and vultures) and other nongame birds and animals are protected and shall not be captured, hunted, molested, removed, bought or sold. A Letter of Permission for interaction with these species may be granted, if the applicant has been issued the necessary permits from the appropriate state and federal regulatory agencies. A Special Permit, as defined in Title 22, Part 18, is required for research and collecting biological specimens on all CPAs.

MISS. CODE ANN. §§49-7-1, 49-7-3, 49-7-8, 49-15-69, 49-7-80, and 49-7-95.

Chapter 07 COASTAL PRESERVES PROPERTY

22 Miss. Admin. Code Pt. 19, R. 7.1 Rule 7.1

No person shall destroy, cut, break, remove, mutilate, injure, take, or gather in any manner any tree, shrub, plant, rock, or mineral unless authorized by the MDMR. No person shall cut or saw any live or dead trees or their parts, with any type of equipment, power or otherwise, or remove any live or dead trees. Permission to collect plant material will be considered only for research purposes or invasive species control. A Special Permit as defined in Title 22, Part 18, is required for research on all CPAs.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.2 Rule 7.2

No person shall throw, dump, or leave trash of any kind anywhere in the waters, along the roads, on camping sites, beaches, or any other lands or water of a CPA. No person shall throw, cast, lay or discard into or leave any substance, matter or thing, liquid or solid, in the lakes, streams, and water which would pollute such waters in accordance with Title 22, Part 10.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.3 No person shall dump any dead wildlife, wildlife parts or waste in an CPA

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.4 Rule 7.4

No person shall in any manner injure, deface, disturb, destroy, disfigure, or remove any part of a building, sign, wall, fence, bench, or other object or structure within the CPA property.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.5 Homesteading or otherwise using CPAs for a sole place of residence is prohibited

The act of Homesteading includes but is not limited to: erecting permanent or semi-permanent structures. No person shall construct or erect any building or structure on CPA land or water.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.6 Rule 7.6

Dogs are welcome on all CPAs but shall be on a leash at all times and owners shall properly dispose of their animal's waste.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.7 Possession of metal detectors is prohibited on all CPA

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.8 No person shall attach or post notices, signs, or any other objects or structures

The use of paint, blazes, tacks, or other types of markers is prohibited.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.9 Rule 7.9

No person shall distribute any handbills, circulate, post, place, or erect any bills, notices, papers, advertising devices, signs, or printed matter of any kind.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.10 No person shall remove or plant, seeds or vegetation of any kind on CPA except as otherwise provided in this part

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

22 Miss. Admin. Code Pt. 19, R. 7.11 Rule 7.11

Native American sites, old home sites, and other structures, along with objects and artifacts associated with them, are state historical and archaeological resources. No person shall excavate, damage, or remove historical artifacts from state property without a permit from the Mississippi Department of Archives and History, and a Letter of Permission from the MDMR.

MISS. CODE ANN. §§39-7-1 et seq., 49-27-3, 97-15-30, and 97-15-32.

Chapter 08 VEHICLE USE

22 Miss. Admin. Code Pt. 19, R. 8.1 Rule 8.1

All motorized vehicles, ATVs (all-terrain vehicles), ORVs (off-road vehicles), motorcycles, personal watercraft, airboats, hovercrafts, vessels and aircraft or aquaplanes are prohibited in the emergent vegetation and surrounding land areas of the CPAs, except those vehicles and vessels operated by the MDMR or as otherwise permitted pursuant to Title 22, Part 19. Operating any vehicle in disregard of the rights and safety of others is prohibited.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.2 Rule 8.2

Both the owner and the operator of any motorized vehicles, ATVs (all-terrain vehicles), ORVs (off-road vehicles), motorcycles, personal watercraft, airboats, hovercrafts, vessels and aircraft or aquaplanes shall be held liable for the injury and/or damages resulting from any motorized vehicles accident and/or misuse of motorized vehicles resulting in

damages to others, state property or the wildlife thereof.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.3 Any operator of any vehicle motorized or otherwise must comply with all applicable Mississippi laws

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.4 Rule 8.4

No owner or driver shall cause or permit a vehicle to stand anywhere outside of designated parking areas, except to receive and discharge passengers.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.5 Blocking any gate, road, trail, or right-of-way is prohibited and vehicle will be towed at the owner's expense

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.6 Bicycles are permitted only on designated trails

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.7 Rule 8.7

Electronic Personal Mobility Devices (EPAMDs) shall not be operated at a speed greater than five (5) mph on any path, or trail. Only persons with disabilities shall operate EPAMDs and wheelchairs.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.8 Rule 8.8

Golf carts and Limited Speed Motor Vehicles (LSMVs) shall be used on the Heritage Trail Possum Walk only and operated only by NASA Infinity staff or volunteers. (LSMV is a four-wheeled vehicle whose top speed is twenty (20) mph).

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 8.9 Rule 8.9

The provisions of this chapter shall not apply in the case of an emergency or to any employee conducting the official business of a municipal, county, state, or federal agency, or persons conducting activities pursuant to a contract or sub-grant with a state or federal agency. Exceptions to the provisions in this chapter may be given, in the form of a Letter of Permission from the MDMR Coastal Preserves Program, on a case by case basis for vehicle use directly related to scientific research or other specific uses.

MISS. CODE ANN. §49-27-1 et seq.

Chapter 09 FIREARMS, FIREWORKS AND EXPLOSIVES

22 Miss. Admin. Code Pt. 19, R. 9.1 Rule 9.1

Any person possessing a valid permit to carry a concealed handgun, as issued by the Mississippi Department of Public Safety - or any state which Mississippi recognizes as having

reciprocal requirements for issuing such licenses - may carry a handgun concealed upon his or her person while in or on any CPA.

MISS. CODE ANN. §§45-9-101 and 49-27-1.

22 Miss. Admin. Code Pt. 19, R. 9.2 Firearm use is restricted to hunting

No target shooting, practice, or random shooting of any kind are allowed on CPAs. No person shall shoot paintballs, clay pigeons, or any other shooting competitions on CPAs.

History

• Source: MISS. CODE ANN. §§45-9-101 and 49-27-1.

22 Miss. Admin. Code Pt. 19, R. 9.3 The possession of any explosive substance, such as dynamite, tannerite, fireworks, or rockets in any CPA is prohibited

Pursuant to Title 22, Part 16, any Marine Event within the riparian zone of any CPA, permitted through the Office of Marine Patrol is exempt from this regulation.

History

• Source: MISS. CODE ANN. §§45-9-101 and 49-27-1.

Chapter 10 LETTERS OF PERMISSION

22 Miss. Admin. Code Pt. 19, R. 10.1 Rule 10.1

All activities other than hiking, hunting, fishing, wildlife watching, or exempt camping on Deer Island CPA and Cat Island CPA, require a Letter of Permission issued by MDMR Coastal Preserves Program.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 10.2 Rule 10.2

Activities requiring a Letter of Permission include, but are not limited to, archaeological research, invasive species control, trapping, extended camping, special events, and establishing a geocache. Approval is dependent on an assessment by CPA staff that the activity will have only minimal, temporary, impacts to public safety and the natural resources. A Special Permit, as defined in Title 22, Part 18, is required for research and collecting biological specimens on all CPAs.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 10.3 Rule 10.3

Education, outreach, and special events including but not limited to competitive races, receptions, lectures, benefits, etc. may be authorized, by a Letter of Permission, if impacts are deemed negligible by CPA staff, purpose serves a higher public interest, and all other limitations set forth by this document are addressed and met.

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 10.4 MDMR retains the authority to revoke a Letter of Permission authorization at any time

MISS. CODE ANN. §49-27-1 et seq.

22 Miss. Admin. Code Pt. 19, R. 10.5 Letters of Permission shall be issued for a specific activity or group of activities on

a specific day or group of days. If an event needs to be rescheduled, a modification to the Letter of Permission will be required.

MISS. CODE ANN. §49-27-1 et seq.

Chapter 11 PENALTIES

22 Miss. Admin. Code Pt. 19, R. 11.1 Rule 11.1

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor

MISS. CODE ANN. §§49-15-63 and 49-27-1 et seq.

Chapter 12 CHAPTERS AND SUBCHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 19, R. 12.1 Rule 12.1

Each chapter and subchapter of Title 22, Part 19 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 19 shall remain in full force and effect.

MISS. CODE ANN. §49-15-301.

22 Miss. Admin. Code Pt. 19, R. 12.2 Rule 12.2

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such.

MISS. CODE ANN. §49-15-301.

Part 21 RULES AND REGULATIONS FOR THE PREPARATION, PICKING, PACKING, SHIPPING, AND SALE OF SALTWATER CRABS AND SALTWATER CRAB PRODUCTS IN THE STATE OF MISSISSIPPI

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

This Part establishes the minimum requirements necessary to regulate the processing of saltwater crabs.

Chapter 02 Justification and Authority

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

The Mississippi Commission on Marine Resources (MCMR) has determined that it is in the best interest of the State of Mississippi and necessary for the protection, conservation, and propagation of all saltwater crabs in the waters under the territorial jurisdiction of the State of Mississippi to regulate the processing of saltwater crabs in the state.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

The MCMR is authorized by Miss. Code Ann. § 49-15-15 (1) (c), as amended, to regulate all seafood sanitation and processing programs.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

Miss. Code Ann. § 49-15-63, as amended, addresses general penalties for violation of these regulations.

Chapter 03 Definitions

22 Miss. Admin. Code Pt. 21, R. 100 BACKING – the act of removing a crab’s carapace and internal organs

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

CERTIFICATION or CERTIFY – the issuance of a numbered certificate to a person, firm, or corporation that indicates permission from the authority to process crabs.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

CERTIFICATION NUMBER – a unique combination of letters and numbers, as assigned by the Mississippi Department of Marine Resources (MDMR), to each processor for each location. Each certification number shall consist of a three-digit Arabic number preceded by the two-letter state abbreviation (MS) and followed by the two-letter abbreviation for the activity of crab processing (CP).

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

CERTIFIED CRAB PLANT – a person, firm, or corporation that has a building or facility/unit, used for processing saltwater crabs and possesses a valid seafood processor’s license and certification number.

22 Miss. Admin. Code Pt. 21, R. 104 Rule 104

COMPLIANCE SCHEDULE – a written schedule that provides a correction date to eliminate the deficiencies noted during inspections.

22 Miss. Admin. Code Pt. 21, R. 105 Rule 105

CRITICAL DEFICIENCY (“C”) – a condition or practice that results in the production of a product that is unwholesome or presents a threat to the health or safety of the consumer.

22 Miss. Admin. Code Pt. 21, R. 106 Rule 106

CROSS CONNECTION – an unprotected actual or potential connection between a potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe and potable.

22 Miss. Admin. Code Pt. 21, R. 107 Rule 107

EASILY CLEANABLE – a surface which is readily accessible and is made of such materials, has a finish, and is so fabricated that normal cleaning methods will effectively remove residues.

22 Miss. Admin. Code Pt. 21, R. 108 Rule 108

FINISHED PRODUCT CONTAINER – any receptacle used for containing processed saltwater crabs.

22 Miss. Admin. Code Pt. 21, R. 109 Rule 109

FOOD CONTACT SURFACE – those surfaces that contact human food and those surfaces from which drainage onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food contact surfaces of equipment.

22 Miss. Admin. Code Pt. 21, R. 110 Rule 110

KEY DEFICIENCY (“K”) – a condition or practice that could potentially result in adulterated, decomposed, misbranded or unsanitary product.

22 Miss. Admin. Code Pt. 21, R. 111 Rule 111

LABEL – any written, printed or graphic matter affixed to or appearing upon any finished product container.

22 Miss. Admin. Code Pt. 21, R. 112 Rule 112

MISBRANDED – products shall be deemed misbranded if its labeling is false or misleading in any way, or if it does not bear a label in accordance with this Part.

22 Miss. Admin. Code Pt. 21, R. 113 Rule 113

OTHER DEFICIENCY (“O”) – a condition or practice which is not defined as critical or key and is not in accordance with the requirements of this Part.

22 Miss. Admin. Code Pt. 21, R. 114 Rule 114

PEST – any objectionable animals or insects including, but not limited to birds, rodents, flies, and larvae.

22 Miss. Admin. Code Pt. 21, R. 115 Rule 115

PROCESSING – the act of preparing, changing into different market forms, manufacturing, preserving, picking, chilling, backing, packaging, labeling finished product containers, and storage of processed saltwater crabs.

22 Miss. Admin. Code Pt. 21, R. 116 Rule 116

PROCESSOR – any person, firm, or corporation engaged in commercial, custom, or institutional processing of saltwater crabs.

22 Miss. Admin. Code Pt. 21, R. 117 Rule 117

SALTWATER CRAB – shall mean all species of saltwater crabs that are commercially processed.

22 Miss. Admin. Code Pt. 21, R. 118 Rule 118

SALTWATER CRAB PRODUCTS – the edible meat of a processed saltwater crab distributed for consumption.

22 Miss. Admin. Code Pt. 21, R. 119 Rule 119

SANITIZE – to adequately treat food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, substantially reducing the numbers of other undesirable microorganisms, and not adversely affecting the product or its safety for the consumer.

22 Miss. Admin. Code Pt. 21, R. 120 Rule 120

SWING DEFICIENCY (“S O/K” or “S K/C” ) – a deficiency noted on the inspection form which, depending upon the severity and circumstances, can be a “Critical, Key, or Other” deficiency.

Chapter 04 Application

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

The provisions of this Part shall apply to: 100.01 All persons, firms, or corporations engaged in the processing of saltwater crabs intended for human consumption. 100.02 Retail establishments located in Hancock, Harrison and Jackson Counties of the State of Mississippi operating in conjunction with a certified crab plant or seafood market which primarily deal with saltwater crabs or saltwater crab products.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

The provisions of this Part shall not apply to: 101.01 Seafood establishments dealing with seafood products other than saltwater crabs; 101.02 Harvesting or transporting saltwater crabs or saltwater crab products without engaging in processing.

Chapter 05 MDMR Program Management

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

The MCMR authorizes MDMR to manage the saltwater crab plant certification program activities according to the relevant specifications stated in this Part and the applicable statutes of the State of Mississippi.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

The MDMR management includes inspections of the certified facilities in accordance with relevant seafood sanitation/health safety specifications specified herein. 101.01 The MDMR shall issue to certified crab plants written information of non- compliance with these specifications. 101.02 For the cited excessive non-compliances, the MDMR shall provide the processor a reasonable schedule for correction to bring the facilities into compliance according to the current and relevant sanitation/health safety specifications stated herein.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

The MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing or his designee will declare that saltwater crabs or saltwater crab products be recalled when the MDMR determines that a recall is required to eliminate a public health risk to consumers. The recalled saltwater crabs or saltwater crab products will be properly disposed of in accordance with Chapter 13 Subchapter 103 of this Part to prevent human consumption.

Chapter 06 Processor Certification

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

General requirements 100.01 It shall be unlawful for a person, firm, or corporation to process saltwater crabs prior to obtaining a seafood processor’s license and certification from the MDMR. 100.02 Any person who wants to be a processor shall provide the MDMR a business address at which inspections of the facilities, activities, or equipment can be conducted. 100.03 The MCMR authorizes MDMR to certify all saltwater crab processors that comply with the terms of this Part, within the jurisdiction of the MCMR, for processing saltwater crabs or saltwater crab products. 100.04 Any such certification shall be issued provided the requesting applicant’s facility/unit is subject to a comprehensive onsite inspection by a seafood inspector of the MDMR, using the appropriate inspection form, within the 120-day period immediately prior to the issuance or renewal of the certification. 100.05 All certifications shall expire annually on the last day of a month selected by the MDMR. 100.06 The MDMR shall issue only one certification number to a processor for a location. A processor may obtain more than one certification if each business is maintained as a separate entity and is not found in the same location. 100.07 The MDMR has the authority to allow separate certified crab plants to share a facility. 100.08 The certification number issued to each processor by the MDMR shall be unique.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

Initial certification shall be granted provided the following standards are met: 101.01 No critical deficiencies; 101.02 Not more than 3 key deficiencies; 101.03 Not more than 5 other deficiencies; 101.04 The initial certification includes a compliance schedule to correct the deficiencies if necessary; and 101.05 Processor is properly licensed.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

Renewal of certification shall be at the request of the certified processor at the time specified by the MDMR. Recertification shall be granted provided the processor has: 102.01 Eliminated any critical deficiencies; 102.02 Agreed to a compliance schedule which carries forward into the next certification period no more than 4 key deficiencies and no more than 6 other deficiencies identified in previous inspections; 102.03 Addressed any new key or other deficiencies in a new or revised compliance schedule; and 102.04 Provided evidence of proper certification and licensing in accordance with this Part.

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

Any person, firm, or corporation applying for certification/recertification must meet the following requirements: 103.01 A processor must have available fixed cold temperature holding space adequate to hold the maximum amount of saltwater crabs or saltwater crab products received on any given day. 103.02 Available space adequate to accommodate at proper temperature the total accumulation of saltwater crabs or saltwater crab products held for more than one day under cold temperature holding space conditions. 103.03 A certified crab processor’s operational activities shall meet all seafood safety and sanitation control procedures/requirements as set out in this Part.

Chapter 07 Responsibility of Processor, Manager, and Operator

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

Each certified crab plant processor, manager, and operator shall assure that all regulations as specified in this Part are strictly adhered to and that only safe and sanitary product shall be offered for sale to the consuming public.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

The processor shall assure that the certified crab plant is supervised in accordance with Chapter 13 Subchapter 110 of this Part.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

The owner of a certified crab plant shall keep all safety/sanitation and marketing records (not including price information) for a minimum of one (1) year for fresh products and a minimum of two (2) years or the shelf-life, whichever is longer, for frozen products.

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

In the event the MDMR issues a recall of saltwater crab products based upon the need to eliminate a public health risk, the processor shall fully cooperate with the MDMR in implementing the product recall. The processor shall be responsible for determining where the recalled saltwater crab products were moved to in the market system, contacting the receivers of the product, stopping any further market distribution of the saltwater crab products, removing the associated saltwater crab products from the market as directed by the MDMR, and providing the MDMR proof of removal in the form of bills of lading, receipts, or some other similar documentation.

Chapter 08 Inspections

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

After initial certification or recertification, the MDMR is authorized to make unannounced inspections of the processor’s facilities during periods of activity and no less frequently than once per quarter.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

The MDMR has the authority to officially inspect the certified crab plant more frequently than once per quarter if it consistently has excessive critical and non-critical deficiencies as defined by the MDMR that are not corrected based upon a reasonable correction schedule as agreed upon by the MDMR and the certificate holder.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

The MDMR shall provide a copy of the completed inspection form to the person in-charge at the certified crab plant operation at the time of the inspection. The inspection form shall contain a listing of deficiencies by area in the operation with corresponding citation from this Part.

Chapter 09 Actions Triggered by Inspections

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

When any MDMR inspector detects a critical deficiency: 100.01 The owner/supervisor shall correct the deficiency during that inspection; or 100.02 The processor must cease the production affected by the deficiency

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

When the processor fails to comply with (100) above, the MDMR is authorized to immediately begin actions to suspend or revoke the processor’s certification.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

Product affected by a critical deficiency shall be controlled to prevent contaminated or adulterated product from reaching consumers. When necessary, the MDMR is authorized to: 102.01 Detain or seize any undistributed lots of product that have been adulterated; 102.02 Initiate a recall of any distributed product; and 102.03 Immediately notify the enforcement officials of the Food and Drug Administration (FDA) and any other Authorities where product was distributed.

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

Temporary hold on saltwater crabs or saltwater crab products 103.01 The MDMR, while in a certified crab plant, has the authority to place any saltwater crabs or saltwater crab products in the facility/unit on a temporary hold to prevent the designated products from leaving the facility/unit. 103.02 Saltwater crabs or saltwater crab products in the certified crab plant can only be placed on the temporary hold in cases where there is evidence, as documented on the official inspection form signed and dated by the MDMR to support such action. The inspection must show with clear and

convincing evidence that the products involved are misbranded, adulterated, or that a health hazard or potential health hazard exists. A copy of the official inspection sheet, with the temporary hold order, handed to the certificate holder or the certificate holder’s authorized representative, or in their absence, posted in a conspicuous place at the facility/unit, shall constitute a written notice for a temporary hold on the products. 103.03 The temporary hold shall remain in effect until the processor is notified in writing by the MDMR that the violation has been corrected and the products confiscated have been destroyed or managed in some other manner that allows the products to be safely marketed for human consumption. These corrective actions must be done to the satisfaction of the MCMR or as hereby authorized the MDMR, Executive Director, or the MDMR designee in charge of saltwater crab processing.

22 Miss. Admin. Code Pt. 21, R. 104 Rule 104

Cease and Desist Orders 104.01 After seventy-two (72) hours on temporary hold of a certified crab plant’s saltwater crab product, the MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing has the authority to issue a cease and desist order which will remain in effect until such time that product acceptability can be verified. 104.02 In a case where any saltwater crab products involved create a health hazard or whenever adulterated or misbranded products are found, or in any case of willful refusal to certify an inspection, the MDMR has the authority to issue a cease and desist order effective immediately to suspend all related processing activities. This order shall be in effect until proper corrective actions have been taken and the order is lifted as provided in writing. 104.03 Verification that proper corrective actions have been taken shall be provided in writing and will be noted on the official inspection form during an official inspection of the certified crab plant.

22 Miss. Admin. Code Pt. 21, R. 105 Rule 105

Suspension or Revocation of a Seafood Processors Certificate 105.01 A certification held by a person shall be suspended or revoked by the MCMR when presented evidence as follows: 105.01.01 The certified crab plant owner, operator, or manager interfered or failed to cooperate as necessary, with the MDMR during an inspection. 105.01.02 The certificate holder interfered or prevented the temporary hold or confiscation and disposal of saltwater crabs or saltwater crab products by the MDMR when the saltwater crabs or saltwater crab products were declared, in writing, an adulterated product and a public health risk or a potential public health risk by the MDMR, and the MDMR concluded that the stated foods had to be confiscated and removed from the facility/unit and properly disposed.

22 Miss. Admin. Code Pt. 21, R. 105.02 Rule 105.02

The suspension or revocation of a certification shall be implemented provided the MDMR shall in all cases serve upon the holder a written notice of intent to suspend or revoke the certificate. The notice shall specify the violations and allow the holder such reasonable opportunity to correct such violations as agreed to by the parties before making any order of suspension/revocation effective. A copy of the official signed suspension or revocation order handed to the certification holder or the certification holder’s authorized representative, or in their absence, posted in a conspicuous place in the establishment, shall constitute a written notice to suspend or revoke the certificate. A suspension/revocation of a certificate shall remain in effect until the violation has been corrected to the satisfaction of the MDMR or, in an absence of a correction satisfactory to the MDMR, to the satisfaction of the MCMR. 105.03 Upon receipt of an application from any person whose certificate has been suspended or revoked, the MDMR shall make such inspection(s) and as deemed necessary, collect samples, and test them to determine compliance with the requirements of this Part. 105.04 Upon the occurrence of repeated critical health hazards to humans or violation(s) in other regulated seafood sanitation and health safety categories, the MCMR has the authority to revoke such certificate following reasonable notice to the certificate holder and an opportunity for a hearing.

Chapter 10 Labeling of Saltwater Crab Products

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

All finished product containers or packages enclosing saltwater crab products shall originate from a certified crab processor and shall be conspicuously, indelibly, and legibly labeled with the following information: 100.01 Name of the product. 100.02 Name and address of the packer, repacker, or distributor. 100.03 Size of the container or package. 100.04 Certification number. 100.05 Containers of frozen saltwater crab products shall bear on the label nutritional facts as required by federal regulations unless otherwise exempt.

Chapter 11 Purchase and Sales Records

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

All saltwater crabs and saltwater crab products purchased, sold, or shipped by a certified processor within, into or out of the State of Mississippi shall be accompanied by a bill of lading or bill of sale with the following information: 100.01 Processor’s name, address, and license/certificate number. 100.02 Date of transaction.

22 Miss. Admin. Code Pt. 21, R. 100.03 Rule 100.03

Name and address of consignee. 100.04 Type and quantity of saltwater crabs or saltwater crab products.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

All saltwater crabs and saltwater crab products purchased for personal consumption must be accompanied by a receipt or a bill of sale containing the following information: 101.01 Name and certificate or license number of seller. 101.02 Quantity of saltwater crabs or saltwater crab products purchased. 101.03 Purchase date.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

Such records shall be open for inspection at any time by any duly representative of the MDMR.

Chapter 12 Adulterated or Misbranded Saltwater Crab Products

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

No person, firm, or corporation shall within the state of Mississippi hold or pack saltwater crab products under conditions whereby the product may become adulterated and/or a known public health risk.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

It shall be unlawful within the state of Mississippi to produce, provide for sale, purchase, offer, possess, or have in possession with intent to sell, any saltwater crab products which are adulterated or misbranded.

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

Any adulterated, misbranded, mislabeled, or unlabeled saltwater crab products under the authority of the MCMR are subject to be impounded by the MDMR Executive Director, the Director of Marine Fisheries or the MDMR designee in charge of saltwater crab processing.

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

Marine Patrol is authorized to seize and dispose of saltwater crab products as directed by the MCMR, the MDMR Executive Director, the Director of Marine Fisheries, the Seafood Technology Bureau Director, or a certified Seafood Inspector.

Chapter 13 Sanitation Requirements

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

The following are the requirements specific for processing saltwater crabs and saltwater crab products. The criticality of the requirement is noted after each as (“C”), (“K”), (“O”) or (“S O/K” or “S K/C” ).

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

For the safety of water used for processing and ice production the processor shall assure: 101.01 Process water is safe and of adequate sanitary quality; (C), and 101.02 Water used for washing, rinsing, or conveying is of safe and adequate sanitary quality; (C), and 101.03 Water used for ice manufacture is of safe and adequate sanitary quality; (C), and

22 Miss. Admin. Code Pt. 21, R. 101.04 Rule 101.04

No cross connections between sewer or wastewater and processing water are present. (C)

22 Miss. Admin. Code Pt. 21, R. 102 Rule 102

The processor shall maintain the condition and cleanliness of food contact surfaces in that: 102.01 Food contact surfaces are designed, fabricated, maintained, and installed to be easily cleanable and capable to withstand the environment of use and cleaning compounds; (K), and 102.02 Smoothly bonded seams exist on all food contact surfaces of equipment and utensils; (K), and 102.03 The food contact surface is cleaned and sanitized before use, after interruptions, and as necessary; (K), and 102.04 Outer garments are suitable to the operation and cleaned in a manner that protects against the contamination of food, food-contact surfaces, or food packaging materials; (O), and 102.05 Gloves are impermeable, clean, and sanitary. (O)

22 Miss. Admin. Code Pt. 21, R. 103 Rule 103

The processor shall prevent cross contamination of food and food contact surfaces by: 103.01 Ensuring employees conform to hygienic practices and maintain personal cleanliness adequately and as necessary to prevent contamination of food, food contact surfaces, or food packaging materials; (K), and 103.02 Washing and sanitizing hands before start of work, after absence from workstation and when hands have become contaminated; (K), and 103.03 Removing or covering jewelry that cannot be sanitized; (O), and 103.04 Storing clothing or personal items away from exposed food or where equipment or utensils are washed; (O), and 103.05 Preventing employees from eating, chewing gum, drinking, or using tobacco near exposed food or food contact surfaces; (K), and 103.06 Taking precautions as necessary to protect against contamination of food, food-contact surfaces, or food packaging materials with microorganisms, or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin; (K), and 103.07 Applying effective measures to protect finished product contamination by raw materials, other ingredients, or refuse. When raw materials, other ingredients, or refuse are unprotected, they shall not be handled simultaneously in a receiving, loading, or shipping area if that handling could result in contaminated food; (S O/K ), and 103.08 Protecting food transported by conveyor against contamination as necessary; (S O/K ), and 103.09 Practicing sanitary procedures; (K), and 103.10 Ensuring that the plant design reduces the potential for contamination of food, food contact surfaces, and packaging materials and prevents employees from contaminating food from clothing or personal contact; (O), and 103.11 Separating operations to prevent cross contamination of food, food-contact surfaces, and packaging materials by location, time, partition, air flow, enclosed system, or other effective means. (O)

22 Miss. Admin. Code Pt. 21, R. 104 Rule 104

The processor shall maintain hand washing, hand sanitizing and toilet facilities by: 104.01 Providing warm water at all locations for hand washing at a minimum temperature of 100°F dispensed from a hot and cold mixing or combination faucet; (K), and 104.02 Providing hand washing, and where appropriate, hand sanitizing facilities at each location where good sanitary practice dictates their use; (K), and 104.03 Having effective hand cleaning and hand sanitizing preparations, such as a supply of hand cleansing soap, hand sanitizer, sanitary towel service or suitable drying devices present, an easily cleanable waste receptacle and handwashing signs in a language understood by the employees; (O), and 104.04 Designing and constructing devices or fixtures to protect against recontamination of clean sanitized hands; (O), and 104.05 Providing an adequate and functioning sewage disposal system; (S K/C ), and 104.06 Providing adequate, readily accessible toilet facilities maintained in a sanitary condition, in good repair at all times with self-closing doors that protect food from airborne contamination (K).

22 Miss. Admin. Code Pt. 21, R. 105 Rule 105

The processor shall protect food and food contact surfaces from adulteration by: 105.01 Assuring the design, construction, and use of equipment precludes adulteration of food with lubricants, fuel, metal fragments, contaminated water, or other contaminates; (S O/K ), and 105.02 Taking all reasonable precautions to ensure production procedures do not contribute to contamination from any source; (S O/K ), and 105.03 Holding raw materials, other ingredients, and rework in bulk, or in containers designed and constructed to protect against contamination and held at such temperature and relative humidity and in such a manner as to prevent adulteration of the food; (S O/K ), and 105.04 Identifying product scheduled for rework as such; (O), and 105.05 Holding liquid or dry raw materials and other ingredients received and stored in bulk form in a manner that protects against contamination; (O), and 105.06 Conducting work-in-process in a manner that protects against contamination; (K), and 105.07 Constructing, handling, and maintaining equipment, containers, and utensils used to convey, hold, or store raw materials, work-in-process, rework, or food during manufacturing or storage in a manner that protects against contamination; (O), and 105.08 Performing mechanical manufacturing steps to protect food against contamination; (K), and 105.09 Treating or maintaining batters, breading, sauces, gravies, dressings, and other preparations in such a manner that they are protected against contamination; (K), and 105.10 Performing in such a way the filling, assembling, packaging, and other operations such that the food is protected from contamination; (K), and

22 Miss. Admin. Code Pt. 21, R. 105.11 Rule 105.11

Storing and transporting finished food under conditions that will protect food against physical, chemical, and microbial contamination as well as against deterioration of the food and the container; (S K/C ), and 105.12 Assuring that drip or condensate from fixtures, ducts and pipes do not contaminate food, food-contact surfaces, and food packaging materials; (S K/C ), and 105.13 Providing adequate physical protection of food from contamination that may drip, drain, or be drawn into the food; (S K/C ), and 105.14 Providing adequate physical protection of components from contaminants that may drip, drain, or be drawn into them; (S K/C ), and 105.15 Providing aisles or working spaces between equipment and walls, that are adequately unobstructed and of adequate width to permit employees to perform their duties and to protect against contaminating food or food- contact surfaces with clothing or personal contact; (O), and 105.16 Treating compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment in such a way that food is not contaminated with unlawful indirect food additives (K).

22 Miss. Admin. Code Pt. 21, R. 106 Rule 106

The processor shall properly label, store, and use toxic compounds according to the following: 106.01 Toxic cleaning compounds, sanitizing agents, and pesticides are identified, held, and stored in a manner that protects food, food contact surfaces, and food packaging materials from contamination, and all relevant regulations for their use followed; (K), and 106.02 Permitting the use of insecticides or rodenticides under precautions and restrictions that will protect against the contamination of food, food-contact surfaces, or food packaging materials. (K)

22 Miss. Admin. Code Pt. 21, R. 107 Rule 107

The processor shall control employee health conditions by: 107.01 Ensuring any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food packaging materials becoming contaminated, be excluded from any operations which may be expected to result in such contamination until the condition is corrected; (K), and 107.02 Instructing employees to report such health conditions to their supervisor. (K) 108 The processor shall control pests by: 108.01 Excluding all pests from any area of the certified crab plant; (K), and 108.02 Providing effective measures to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests; (K), and 108.03 Providing, where necessary, adequate screening or other protection against pests. (K)

22 Miss. Admin. Code Pt. 21, R. 109 Rule 109

The processor shall provide equipment and utensils used in processing such that: 109.01 Non-food contact surfaces in processing areas are constructed to be easily cleanable; (O), and 109.02 Holding, conveying, and manufacturing systems are designed and constructed to be maintained in an appropriate sanitary condition; (O), and 109.03 Freezers and cold storage compartments are fitted with an indicating thermometer, temperature measuring device, or temperature recording device and should be fitted with automatic control for regulating temperature or with an automatic alarm to indicate temperature change; (K), and 109.04 Instruments and controls used for measuring, regulating, or recording temperatures, pH, etc. shall be accurate and adequately maintained, and adequate in number for their designed use. (O)

22 Miss. Admin. Code Pt. 21, R. 110 Rule 110

All operations in the receiving, inspecting, transporting, preparing, manufacturing, packaging and storage of saltwater crab products shall be conducted in accordance with the sanitation requirements as follows to ensure that: 110.01 Raw materials and other ingredients shall either not contain levels of microorganisms that have the ability to produce poisoning or diseases in humans or they shall be pasteurized or otherwise treated to reduce levels; (K), and 110.02 Raw materials and other ingredients susceptible to contamination with natural toxins shall comply with current FDA regulations and guidelines, and action levels before incorporated into finished food; (K), and 110.03 Raw materials, other ingredients, and rework susceptible to contamination with undesirable microorganisms, pests, or extraneous material shall comply with FDA regulations, guidelines, and defect action levels; (K), and 110.04 When frozen materials/products are thawed, it is done in a manner that protects the materials/products from adulteration; (S O/K ), and 110.05 All saltwater crab product manufacturing, including packaging and storage of saltwater crab products, is conducted under such conditions and controls as necessary to minimize the potential for growth of microorganisms, (S K/C ), and 110.06 Saltwater crab products that can support the rapid growth of microbes are held in a manner that prevents adulteration by: 110.06.1 Maintaining refrigerated saltwater crab products at 40

F or below as appropriate; (C), and 110.06.2 Maintaining frozen food in a frozen state. (K) 110.07 Methods used to destroy or prevent the growth of undesirable microbes are adequate under the conditions of manufacturing and distribution to prevent adulteration; (K), and 110.08 Effective measures are taken to protect food from inclusion of metal or other extraneous material; (O), and 110.09 Adulterated saltwater crab products are disposed of in a manner that protects other foods from contamination; (S K/C ), and

22 Miss. Admin. Code Pt. 21, R. 110.10 Rule 110.10

Ingredients used are free from contamination; (C), and 110.11 Heat processes are used where applicable; (C), and 110.12 Time temperature controls are in place; (C), and 110.13 Product is cooled to the adequate temperature during manufacturing; (C), and 110.14 Disposing of batters are at appropriate intervals to protect against the growth of microorganisms; (K), and 110.15 Food containers and packaging materials are safe and suitable; (O), and 110.16 Physical protection from contamination is provided; (O), and 110.17 Food manufacturing areas and equipment used in manufacturing human food are not used to manufacture non-human food-grade animal feed or inedible products, unless no possibility of contamination to human food exists. (K)

22 Miss. Admin. Code Pt. 21, R. 111 Rule 111

The processor shall take all precautions and measures to ensure the following: 111.01 Employees are wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other hair restraints; (O), 111.02 Product handlers and supervisors receive appropriate training in proper food handling techniques and food protection principles and are informed of the danger of personal hygiene and insanitary practices; (K), and 111.03 Clearly assigned, competent supervisory personnel. (K)

22 Miss. Admin. Code Pt. 21, R. 112 Rule 112

The grounds about the certified facility under the control of the processor shall be kept in a condition that will protect against the contamination of food. The requirements for adequate maintenance of grounds include, but are not limited to: 112.01 Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the facility that constitute an attractant, breeding place, or harborage for pests. (O) 112.02 Maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where food is exposed. (O) 112.03 Adequately draining areas that contribute contamination to food by seepage, foot-borne filth, or providing a breeding place for pests. (O) 112.04 Operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination in areas where food is exposed. (O) 112.05 If the plant grounds are bordered by areas not under the operator’s control and these areas are in an unsanitary condition, care shall be exercised in the plant to exclude pests, dirt, and filth that are a source of contamination. (O)

22 Miss. Admin. Code Pt. 21, R. 113 Rule 113

The plant building, fixtures, structures, and other physical facility requirements are: 113.01 The plant building, fixtures, structures and other physical facilities are maintained and repaired to prevent adulteration of food. (O) 113.02 Cleaning and sanitizing is done in a manner that protects from contamination. (O)

22 Miss. Admin. Code Pt. 21, R. 113.03 Rule 113.03

Non-food contact surfaces are cleaned as frequently as necessary to protect from contamination. (O) 113.04 Single-service articles used, stored, handled, dispensed, and disposed of in a manner to protect against contamination of food or food contact surfaces. (O) 113.05 Storage of cleaned and sanitized portable equipment in a location that protects food contact surfaces from contamination. (O) 113.06 Adequate lighting in handwashing areas, dressing or locker rooms, and toilet facilities, and all rooms where food is examined, processed, or stored and where utensils and equipment are cleaned to be provided with safety- type light bulbs or other means of protecting against food contamination in case of breakage. (O) 113.07 Floors, walls and ceilings shall be kept clean and in good repair. (O)

22 Miss. Admin. Code Pt. 21, R. 114 Rule 114

Sanitary facilities and controls shall be such that: 114.01 Plumbing is of adequate size and design, installed and maintained to carry sufficient quantities of water to required locations, able to properly convey sewage and other liquid disposable wastes from the plant, able to avoid constituting a source of contamination to food, water supplies, equipment, or utensils. (S O/K ) 114.02 Adequate floor drainage is provided in all areas where floors are subject to flood-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. (O) 114.03 Refuse receptacles are constructed and maintained to protect food against contamination. (O) 114.04 Garbage and offal are conveyed, stored, and disposed of to minimize potential for pest harborage or breeding, and protect against contamination of food, food contact surfaces, and water supply. (O)

Chapter 14 Enforcement

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

The MDMR is authorized to use any combination of fines, certification cancellations, temporary suspension of operating licenses, embargoes, product condemnations or product seizures to accomplish the implementation of this Part.

Chapter 15 Penalties

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amended, unless a penalty is specifically provided elsewhere in the Mississippi Code Ann. of 1972, as amended.

Chapter 16 Chapters and Subchapters Declared Separable

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

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 21 shall remain in full force and effect.

22 Miss. Admin. Code Pt. 21, R. 101 Rule 101

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such.

Chapter 17 Administrative Procedures Act

22 Miss. Admin. Code Pt. 21, R. 100 Rule 100

Pursuant to the amendments to the Administrative Procedures Act § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 21.000 has been modified and the MCMR 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.

Part 22 Administrative Handbook of the Mississippi Commission on Marine Resources

22 Miss. Admin. Code Pt. 22 Administrative Handbook of the Mississippi Commission on Marine Resources

Title 22: Mississippi Department of Marine Resources Part 22: Administrative Handbook of the Mississippi Commission on Marine Resources

ADMINISTRATIVE HANDBOOK

OF THE

MISSISSIPPI

COMMISSION ON MARINE RESOURCES

ADOPTED JUNE, 1995

Amended May, 1996 Amended March, 1997 Amended May, 2002 Amended January 18, 2011 Amended March 18, 2014

Foreword

The Administrative Handbook of the Commission on Marine Resources (Commission Handbook) is intended to provide guidance to the Commission and the Executive Director for the operation of the Department of Marine Resources.

The handbook addresses the general authority, function, policy and operating principles governing the Commission, the relationship of the Commission with the Executive Director, and the general authority, function, policy and operating principles governing the Executive Director. Every attempt has been made to assure the accuracy of the statements made within the Handbook. However, the statutes governing the Commission and the Department and the Ordinances adopted by the Commission are the authoritative sources for the rules concerning the powers of the Commission and the procedures governing the exercise of such powers. In the event of any conflict between any statement in this handbook and any statute concerning the Commission or any Ordinance adopted by the Commission, the provisions of the statutes or Ordinances are controlling.

In addition to the following policies set forth in this handbook, the Commission and the Executive Director should exercise a common sense and reasonable judgment approach, in consultation with legal counsel, in carrying out the mission of the department.

Contents

Section 1.0 Name of the Commission ................................................................................ 1

Section 2.0 Authority and Function .................................................................................... 1

Section 3.0 Membership ..................................................................................................... 2

Section 4.0 Officers ............................................................................................................ 4

Section 5.0 Meetings .......................................................................................................... 5

Section 6.0 Commission/Executive Director Relationship .............................................. 10

Section 7.0 Duties and Responsibilities of the Executive Director ................................. 11

Section 8.0 Procedure for Enacting Commission Rules and Regulations ....................... 13

Section 9.0 Commission Policies and Directives ............................................................. 15

Section 10 .0 Procedures for Amending the Commission Handbook ................................ 16

1 MISSISSIPPI COMMISSION ON MARINE RESOURCES

COMMISSION GUIDELINES

Objective

These guidelines will serve to establish clearly the function of the Commission and to provide operating instructions enabling it to act effectively in carrying out its responsibilities. The Commission Handbook will serve as the bylaws of the Commission on Marine Resources and will fulfill the requirements of Miss. Code Ann. §49-15-301(6), as amended. In the event of any conflict between any statute having application to the actions of the Commission or any other Ordinances adopted by the Commission and any provision of this Handbook, the statutes and Ordinances shall control.

Policy

In accordance with the above objective, the Commission will function under the following guidelines:

Section 1.0 NAME OF THE COMMISSION

The name of this body is the Commission on Marine Resources.

Section 2.0 AUTHORITY AND FUNCTION

2.1 Authority

The general authority of the Commission on Marine Resources is created and defined in Miss. Code Ann. §49-15-301 and §49-15-303, as amended.

2.2 Functions

The functions of the Commission shall be to:

(1) Adopt, amend and repeal such regulations, ordinances and rules as may be necessary for the operation of the Department;

(2) Approve policy within jurisdiction of the Commission;

2

(3) Establish, appoint and provide direction to advisory committees for the Department of Marine Resources;

(4) Execute power and authority to issue all licenses, fees, and permits within jurisdiction of department, and to revoke licenses as provided by statute and rules of the Commission;

(5) Submit three (3) nominees for the position of the Executive Director to the Governor in accordance with Miss. Code Ann. §49-15-305, when a vacancy occurs in the office;

(6) Work with the Executive Director to insure that the public remains informed and understands the goals, objectives, plans and programs of the Commission and the department;

(7) Hold monthly meetings of the Commission as prescribed by law and as set by the Commission;

(8) Establish adequate controls through periodic reports from the Executive Director which are of sufficient scope to insure that:

A. all legal requirements, as set forth in statutes, rules and regulations are met;

B. established goals and objectives of the department are met;

C. approved policies are adhered to; and

D. adequate performance in all program areas is attained;

(9) Conduct hearings, gather testimony and perform other functions required to carry out its powers and duties as prescribed by statute; and

(10) Discharge such other duties, responsibilities and powers as are prescribed by statute.

Section 3.0 MEMBERSHIP

The composition, terms of office, and compensation of the Commission are prescribed by

3 Miss. Code Ann. §49-15-301, as amended.

3.1 Composition of the Commission

The Commission shall consist of the members as set forth in Miss. Code Ann. §49-15-301, as amended. All appointments shall be made by the Governor and confirmed by the Senate. Each member of the Commission shall take the Oath of Office prescribed by Section 268 of the Constitution. Each commissioner shall be covered by a blanket bond carried by the Department of Marine Resources.

3.2 Terms of Office

The terms of office shall be as prescribed in Miss. Code Ann. §49-15- 301(2)(b), as amended.

3.3 Vacancies

The Governor shall make appointments to fill unexpired terms and such appointments shall be confirmed by the Senate. See Miss. Code Ann. §49-15- 301(2) (d), as amended.

3.4 Compensation

The members of the Commission shall receive per diem compensation, as provided by law, for each day devoted to the discharge of official duties.

In addition, the members of the Commission shall be reimbursed the actual and necessary expenses incurred in the discharge of their duties, such expenses not to exceed those limitations set forth in Miss. Code Ann. §25-3-41, as amended. Commission members are solely responsible for the accuracy of reimbursement vouchers submitted by them, and shall keep sufficiently accurate records to justify such claims. Commissioners shall use discretion in requesting expense reimbursement, insuring that all expenses are reasonable.

All requests for reimbursement of lodging, commercial travel and registration fees shall be accompanied by a receipt. No member of the Commission shall receive more in per diem than the limit provided by law.

3.5 Conflict of Interest

Conflict of interest and improper use of office are addressed in Miss. Code Ann. §25-4-101 through §25-4-119, as amended. A member of the Commission is defined as a "public servant", meaning any elected or appointed official of the government.

4

“Conflicts of interest” includes but is not necessarily limited to:

(1) No public servant shall use his official position to obtain pecuniary benefit for himself other than that compensation provided for by law, or to obtain pecuniary benefit for any relative or any business with which he is associated.

(2) No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed, or order made by any board of which he may be or may have been a member.

3.6 Financial Statements

Commission members shall complete and file in a timely manner those financial statements required by the Mississippi Ethics Commission as directed by Miss. Code Ann. §25-4-25 through §25-4-31, as amended.

3.7 Inventory of State Property

The Executive Director shall assign, in his discretion, inventory items to members of the Commission. Commission members shall be responsible for the safe keeping, care and accountability of inventory items assigned to them.

Section 4.0 OFFICERS

4.1 Enumeration

The Commission on Marine Resources shall have two officers; a Chairman and a Vice-Chairman.

4.2 Election, Term

The Commission officers shall be elected from among the Commission membership by majority vote. Terms of office shall be for a period of one (1) year, and elections shall be held annually at the July Commission meeting.

4.3 Duties

5

The duties of the officers of the Commission on Marine Resources are as follows:

(1) The Chairman presides over regular and special Commission meetings. Assigns special responsibilities to other Commission members on occasion when required; executes Commission documents that require such signature; performs other duties delegated by the Commission; and insures that Commission members adhere to the Commission rules and other applicable policies.

(2) In the absence of the Chairman, the Vice-Chairman presides at Commission meetings and performs all those duties usually performed by the Chairman.

Section 5.0 MEETINGS

5.1 Regular Monthly Meetings

The Commission will hold regular meetings at least once each month. Normally, the Commission will meet at the headquarters of the Department. Regular monthly meetings of the Commission will be held on the third Tuesday of each month at 9:00 a.m. at the Department of Marine Resources, 1141 Bayview Avenue, Biloxi, MS. Upon a majority vote of the commissioners in attendance at a regularly scheduled monthly meeting the Commission may change the time, day and location of a scheduled monthly meeting. Special meetings may be called when they are justified. The provisions in this Handbook on regular meetings and special meetings shall replace and supersede any prior Commission resolutions on meetings of the Commission.

5.2 Called Special Meetings

Requests for a Called Special Meeting may be made by any Commission member or the Executive Director. Such requests shall be directed to the Chairman and shall specify the reason for the special meeting. Called Special Meetings may be conducted at locations and times designated by the Chairman. The Chairman or his designee shall, at a minimum, telephone each member of the Commission and advise them of the reason for the Called Special Meeting and the time and place for conducting the meeting. Notice to the public of Called Special Meetings shall comply with the terms of Miss. Code Ann. §25-41-13, as amended. Notice of the Called Special Meeting shall be posted on the door or bulletin board outside the regular meeting room of the Commission. Any Called Special Meeting may be

6 scheduled to commence after providing at least (4) hours advance notice of the Called Special Meeting.

5.3 Attendance

All members of the Commission are strongly encouraged to attend each regular and special meeting of the Commission. Any member of the Commission who shall not attend three (3) consecutive regular scheduled meetings of the Commission shall be subject to removal by majority vote of the Commission.

5.4 Quorum Voting

A simple majority of the Commission shall constitute a quorum for transacting business. Each member having one (1) vote the act of a majority of the members present will constitute Commission action.

5.5 Telephone Votes

Requirement that official meetings be open to the public at all times may not be avoided by use of telephone polls among members of a public body to conduct official acts; however, recording of final vote by telephone is not prohibited when the vote is reduced to public record and all deliberations prior to the final vote have taken place in accordance with the open meetings act.

5.6 Agenda

An agenda shall govern the conduct of business of each Commission meeting. The Commission, in consultation with the Executive Director, is responsible for establishing the agenda for each regular Commission meeting. A tentative agenda containing a listing of the items of business to be transacted shall be sent by the Executive Director to each Commission member prior to each regular meeting. Every agenda shall include the item "Other Business". The tentative agenda and copies of documents that will be considered by the Commission shall be sent to each of the Commissioners not later than seven (7) days prior to each regularly scheduled meeting of the Commission.

5.7 Minutes

Accurate written minutes shall be kept for each regular or special meeting of the Commission. The Executive Director shall be responsible for insuring that such minutes are maintained. The minutes, whether in open or executive session, shall show the members present, and accurately record any final actions taken at the meeting. At each Commission meeting the minutes of the preceding meeting shall be approved and shall then become a part of the official record of the Commission to

7 be maintained by the Department. The minutes shall be made available for public inspection during regular business hours. Any documents or materials presented to the Commission by the Department or by any person, firm or corporation in support of or in opposition to any matter presented to the Commission requiring the approval by vote of the Commission shall also be a part of the official record of the Commission and the Executive Director shall be responsible for maintaining these as attachments to the approved minutes.

5.8 Open Meetings

All meetings of the Commission are declared to be open meetings and shall be open to the public at all times unless executive session is declared. All meetings shall be conducted in accordance with Miss. Code Ann. §25-41-1 through §25-41- 17, as amended, which govern open meetings.

5.9 Executive Session

The Commission may enter into executive session for the transaction of public business as permitted in §25-41-7, as amended, and in adherence with the following procedures:

(1) A motion must be made to close the meeting in order to make a determination of the necessity for executive session;

(2) A majority vote is required in order to close the meeting;

(3) The Chairman must announce that meeting is closed to make a determination of the necessity for executive session;

(4) The only matter that can be addressed during closed session is whether or not to go into executive session to discuss a particular subject;

(5) A motion must be made to enter into executive session;

(6) A THREE-FIFTHS MAJORITY vote is required in order to go into executive session;

(7) The Chairman or his designee must announce in open meeting 1 that the Commission is going into executive session, and must state the specific reason for doing so (e.g., "The Commission has voted

1 No additional vote shall be required to re-open the meeting for the purpose of announcing that the Commission has voted to go into executive session. It shall be sufficient to announce to the members of the public in attendance that the Commission has voted to go into executive session and the reason for the executive session.

8 unanimously to go into executive session to discuss the prospective purchase of land");

(8) In the executive session the Commission may discuss only the matter for which executive session was declared; and

(9) The Chairman must re-open the meeting at the close of executive session.

Mississippi Code Annotated §25-41-7(4), as amended, provides that a public body may enter into executive session for any of the following reasons:

• Transaction of business and discussion of personnel matters relating to the job performance, character, professional competence, or physical or mental health of a person holding a specific position;

• Strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body;

• Transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices;

• Investigative proceedings by any public body regarding allegations of misconduct or violation of law;

• Any body of the Legislature which is meeting on matters within the jurisdiction of such body;

• Cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons and/or property within the jurisdiction of such public body;

• Transaction of business and discussion regarding the prospective purchase, sale or leasing of lands;

• Discussions between a school board and individual students who attend a school within the jurisdiction of such school board or the parents or teachers of such students regarding problems of such students or their parents or teachers;

• Transaction of business and discussion concerning the preparation of tests for admission to practice in recognized professions;

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• Transaction of business and discussions or negotiations regarding the location, relocation or expansion of a business or an industry; and

• Transaction of business and discussion regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position. The exemption provided by this paragraph includes the right to enter into executive session concerning a line item in a budget which might affect the termination of an employee or employees. All other budget items shall be considered in open meetings and final budgetary adoption shall not be taken in executive session.

5.10 Conduct of Persons Attending Meetings

Commission meetings shall be conducted in an orderly manner. Commission members, department personnel and the public are all expected to conduct themselves in a courteous manner. The Commission may make and enforce reasonable rules and regulations for the conduct of persons attending its meetings.

5.11 Hearings

From time to time the Commission may conduct formal hearings into matters under its purview in harmony with the rules adopted by the Commission on public hearings and/or adversarial hearings.

5.12 Access to the Commission

The public shall have access to the Commission on matters within the Commission's purview. Persons desiring to present a matter to the Commission at a scheduled meeting shall contact the Executive Director in advance so that the matter may be placed on the agenda. Requests to be placed on the Commission's agenda must be made in writing and must be received by the Executive Director at least ten (10) days in advance of the Commission meeting. The Commission may limit the number of individuals that may address the Commission at each meeting and may limit the time of each presentation.

Individuals who have not previously submitted a matter to be placed on the agenda may address the Commission during a scheduled meeting regarding a matter that is not on the regular agenda by completing a Public Comments Sign-In sheet provided by the Commission prior to the commencement of the scheduled meeting. Those individuals who indicate on the Sign-In sheet that they wish to make oral comments will be called on to do so during the Public Comments segment of the

10 meeting. Any individual called on to make oral comments may waive his election to do so. The Chairman will announce before the commencement of Public Comments the length of time each individual will be allowed to make comments. The time limit will be set after considering the number of individuals requesting time for oral comments and the length of the regular agenda. Individuals called upon to make their oral comments will not be allowed to allot any unused time to another individual. The Chairman will make any additional decisions, orders and/or rulings regarding appropriate procedure which in his judgment are necessary for the orderly, fair, and efficient conduct of the scheduled meeting.

Individuals wishing to contact the Commission in writing may address their correspondence to the Commission in care of the Executive Director of the Department of Marine Resources. Correspondence should be directed to the physical address of the Department.

5.13 Rules of Order

The conduct of Commission meetings shall be guided by parliamentary procedure in general conformity with "Roberts Rules of Order". However, failure to strictly comply with parliamentary procedure shall not be cause for reversal of any Commission action. Only Commission members may raise a point of order and must do so contemporaneously with the objectionable action.

Section 6.0 COMMISSION/EXECUTIVE DIRECTOR RELATIONSHIP

6.1 Objective

To establish guidelines governing the basic relationship between the Commission and the Executive Director.

6.2 Guidelines

In performing his duties the Executive Director shall follow the following guidelines:

1. The Executive Director shall submit to the Commission for their review all policies formulated by the department and shall keep the Commission informed of plans and programs of the department;

2. The Executive Director shall be responsible for carrying out all policies adopted by the Commission;

3. Efficient management of the Department requires that the

11 Executive Director exercise judgment in executing the duties of the Executive Director and the policies of the Commission;

4. The Executive Director will faithfully perform his duties and the implementation of the policies of the Commission; and

5. The flow of authority for the management of the Department shall pass through the Executive Director and the Executive Director shall be the connecting link between the Commission and the Department.

In their relationship with the Executive Director the Commissioners shall follow the following guidelines:

1. Commission members shall coordinate requests for assistance from Department personnel through the Executive Director, the Deputy Director, or, if they are not available, directly through the appropriate office director;

2. The Commission acknowledges that the Executive Director must exercise judgment and gives the Executive Director that latitude of judgment and discretion that is required; and

3. The Commission shall offer guidance to the Executive Director and annually review and evaluate the performance of the Executive Director.

Section 7.0 DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR

7.1 Objective

The objective of this section is to clearly define the duties and responsibilities of the Executive Director as established by statute and by delegation from the Commission that give him the authority necessary to adequately direct the operations of the Department.

7.2 Policy

Subject to the general policy established by the Commission and state statute, the Executive Director shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department.

7.3 Authority

The general authority of the Executive Director is created and defined by Miss. Code Ann. §49-15-305, as amended. The powers and duties of the Department shall be

12 exercised through the Executive Director in accordance with the statutes.

7.4 Functions

The functions of the Executive Director shall include:

1. The supervision and direction of all administrative and technical activities of the department;

2. The selection of qualified professional personnel and such other technical and clerical staff as may be required for the operation of the department;

3. The coordination of all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;

4. The preparation of and delivery to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, and any recommendations the department may have;

5. The establishment and implementation of cooperative agreements with any federal or state agencies or subdivisions thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, cooperation or association in connection with studies and investigations pertaining to the use and conservation of marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;

6. The enforcement of all regulations and rules adopted by the commission and all licenses and permits issued by the commission;

7. The enforcement of all policies adopted by the Commission;

8. The exercise of all necessary powers not specifically conferred on the Commission;

9. The management of all fishing seasons and resources as specifically authorized by the Commission or as provided for in rules, regulations and ordinances enacted by the Commission; and

10. The issuance of orders and public notices on behalf of the Commission to facilitate actions taken by the Commission.

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Section 8.0 PROCEDURES FOR ENACTING COMMISSION RULES AND REGULATIONS

8.1 Objective

The objective of this section is to establish clearly the procedures for enacting Commission rules and regulations in order to legally and effectively carry out Commission responsibilities.

8.2 Policy

It shall be the policy of the Commission to only enact rules, regulations and ordinances after careful preparation and presentation of the proposed rules, regulations or ordinances and in compliance with this section.

8.3 Notice of Intent

The Department shall present the Commission a PROPOSED Notice of Intent setting out the rule or regulation the Department or the Commission wishes to have enacted. (Note that a Notice of Intent is designated by the letter (I).) No proposed adoption of a rule, regulation or ordinance shall be acted upon by the Commission until the proposal is reduced to writing. Further, changes to existing rules, regulations and ordinances must be submitted to the Commission in advance in accordance with Section 5.6 and the proposed changes shall appear in context so that the Commission can fully evaluate the proposed amendment. The forgoing requirements may be waived if THREE-FIFTHS of the members present find that there is a compelling need to proceed immediately.

The Commission shall then vote on whether or not to adopt the Notice of Intent. If the Commission votes to adopt the Notice of Intent, the Notice of Intent is filed with the Secretary of State's Office, along with an Administrative Procedures Filing Notice. The Administrative Procedures Filing Notice designates the person to be contacted if there are comments to be made with respect to the proposed action.

8.4 Comment Period

A minimum thirty-day comment period shall follow the filing of the Notice of Intent. A public hearing shall be conducted during that period if required by statute or requested by the Commission or the Executive Director of the Department. The procedure for offering comments or contesting the making of a proposed rule or regulation are set out in Title 22, Part 15, Administrative Rules as Required by the Mississippi Administrative Procedures Law.

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8.5 Final Adoption

Following the comment period, the Department reports to the Commission on the proposed rule or regulation and recommends any changes to the proposed amendment.

The Commission shall then vote on whether or not to adopt the rule or regulation with or without changes. If the Commission votes to adopt the rule or regulation, the rule or regulation shall then be filed with the Secretary of State's Office. An Administrative Procedures Filing Notice is also filed indicating the final action taken. The rule or regulation becomes effective on the date specified by the Commission, but in no event less than thirty (30) days from the date the final notice is filed.

8.6 Emergency Rules and Regulations.

An emergency rule or regulation may become effective immediately upon filing with the Secretary of State if the Commission finds that immediate adoption is necessary because of imminent peril to the public health, safety or welfare.

8.7 Petitions for Review (See also Title 22, Part 15)

After the Commission enacts a rule or regulation, any person opposed to the rule or regulation may file a Petition for Review before the Commission. Such Petition must be filed within fourteen days after the date of final adoption of the rule or regulation and must in all respects comply with Title 22, Part 15.

In acting on a Petition for Review, the Commission may (1) make a final disposition of the Petition by either granting or denying the requested action without further argument; (2) request a response from the appropriate division of the Department prior to making a final disposition (the staff shall be granted adequate time to prepare a response); (3) set the matter for an evidentiary hearing; or (4) make such further order as it deems appropriate under the circumstances.

Once a Petition for Review has been considered and ruled on by the Commission, no further requests for review shall be allowed.

8.8 Repeal or Amendment of Existing Rules and Regulations

The procedures stated above for enactment of a rule or regulation also apply to the repeal or amendment of a rule or regulation.

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Section 9.0 COMMISSION POLICIES AND DIRECTIVES

9.1 Objective

The purpose of this section is to define commission policies and directives and to establish the procedures that the Commission will follow in adopting policies and in issuing directives to the Executive Director and the Department.

9.2 Defining “policies” and “directives”

For purposes of this section “policies” are defined as general principles adopted by the Commission to guide the Executive Director and the Department in the management of their duties to the Commission and the public. Policies are pronouncements of the Commission that are not time-limited and provide guidance on the expectations of the Commission on the operations of the Department. Policies shall not be used as a substitute for enacting rules, regulations and ordinances that affect the general public and the implementation of statutes within the purview of the Commission and the Department. For the purposes of this section “directives” are statements or requests issued by the Commission to the Executive Director and the Department concerning matters that are time-limited in that they expire with the completion or accomplishment of a particularly described task or duty. Directives are matters and tasks that will be tracked by the Executive Director and reported on to the Commission until completion.

9.2 Policies to be written

Commission policies shall be reduced to writing and formally adopted by the Commission. Policies shall be maintained, compiled and indexed by the Executive Director in a handbook of Commission policies.

9.3 Adoption of policies and directives

Commission policies and directives shall be effective upon adoption by the Commission at a regularly scheduled monthly meeting. Commission policies that are not prepared and reduced to writing prior to adoption shall, as soon as practical but no later than the next regularly scheduled Commission meeting, be committed to writing and formally adopted by the Commission. Policies shall require at least a two-thirds (2/3) vote of the commissioners in attendance for adoption and passage by the Commission. Directives shall require a majority vote of the commissioners in attendance for adoption and passage.

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Section 10.0 PROCEDURES FOR AMENDING THE COMMISSION HANDBOOK

10.1 Objective

The objective of this section is to establish clearly the procedures for amending the Commission Handbook.

10.2 Policy

The Commission Handbook serves as the working bylaws of the Commission on Marine Resources. Amendments to the Commission Handbook should be made only when there is a compelling need to do so. Therefore, amendments to the Commission Handbook shall be made in accordance with the following procedure:

10.3 Justification

Only the Commission on Marine Resources can amend the Commission Handbook. Any proposal to amend the Commission Handbook must be submitted to the full Commission in writing along with the justification for the amendment.

10.4 Consideration of the Amendment

Proposed amendments to the Commission Handbook must be submitted to the Commission at a regularly scheduled monthly meeting of the Commission. The proposed amendment shall not be considered for final action by the Commission until the next regularly scheduled monthly meeting of the full Commission.

10.5 Voting on the Amendment

In order for the Commission Handbook to be amended THREE-FIFTHS of the members of the full Commission must vote in favor of the proposal.

10.6 Effective date of the Amendment

Amendments to the Commission Handbook shall be effective at the next regularly scheduled monthly meeting of the Commission.

The Administrative Handbook of the Mississippi Commission on Marine Resources was adopted and approved by the Commission on the 18 th day of March, 2014.

17 MISSISSIPPI COMMISSION ON MARINE RESOURCES

s/Jimmy Taylor____________________________________ Jimmy Taylor, Chairman

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

s/Jamie M. Miller___________________________________ Jamie M. Miller, Executive Director

Part 23 Part 23: THE MISSISSIPPI COASTAL PROGRAM

22 Miss. Admin. Code Pt. 23, R. 4.3 Rule 4.3

Upon receipt of an application and application fee, the Department will evaluate the application for completeness and compliance with the Coastal Wetlands Protection Act and this Program. MISS. CODE ANN. §49-27-1 et seq. and 57-15-6. CHAPTER 05: PUBLIC NOTICE AND HEARINGS Rule 5.1 Upon receipt of a permit application to conduct regulated activities, the Department must provide notice of the project to the public, to affected parties, and to the Coastal Program Agencies at least thirty (30) days prior to issuance of a permit to allow for their review in accordance with Chapter 16. MISS. CODE ANN. §§49-27-13, 49-27-15, and 49-27-21. Rule 5.2 The Department may schedule a hearing on any application and will schedule a hearing as required by the CWPA and the Department’s Administrative Rules. MISS. CODE ANN. §§25-43-1 et. seq., 49-27-1 et. seq., MISS. ADMIN. CODE Title 22, Part 15. CHAPTER 06: APPLICATION EVALUATION Rule 6.1 The Executive Director must base all decisions on the rules, guidelines, and procedures found in this Program, and specifically on the findings and recommendations of the Department and the Advisory Commission and make the basis of those decisions a part of the minutes of the regularly scheduled monthly Advisory Commission Meeting. MISS. CODE ANN. §§49-15-304, 49-27-27, 49-27-35, 49-27-59, 57-15-6, 57-15-10. Rule 6.2 In making recommendations for regulated activities, the Department will evaluate the proposed activity against the public policy. Preference is to be given to preserving the coastal wetlands in their natural state, and the burden of demonstrating the higher public interest in altering Coastal Wetlands rests with the party proposing the alteration. MISS. CODE ANN. §49-27-1 et. seq. Rule 6.3 In evaluating the public interest and making recommendations regarding regulated activities, the Department will consider and make findings on the following: A. Applicable legislative and judicial statements of public interest.

B. The Coastal Wetlands Use Plan: Permits will be granted only for projects allowed by the Use Plan. The Plan is divided into use districts with specific allowable uses within each district as specified in Chapter 07. Changes to the Use Plan may be granted at the discretion of the Executive Director, based on findings and recommendations from the Department. The process for requesting and justifying a change to the Use Plan is described in Chapter 07.

C. Requirements for Conducting Regulated Activities: The applicable requirements for conducting regulated activities as specified in 0 must be followed unless the applicant specifically requests and justifies a variance. Variances may be granted at the discretion of the Executive Director, based on findings and recommendations from the Department. The process for requesting and justifying a variance is described in Chapter 08.

D. Precedent setting effects and existing or potential cumulative impacts of similar or other development in the project area.

E. The extent to which the proposed activity would directly and indirectly affect the biological integrity and productivity of coastal wetlands communities and ecosystems.

F. The full extent of the project, including impacts induced by the project, both intended and unintended but reasonably anticipated.

G. The extent of any adverse impact that can be avoided through project modifications, safeguards, or other conditions, (e.g., piers in lieu of channel dredging).

H. The extent of alternative sites available to reduce unavoidable project impacts.

I. The extent to which a proposed activity requires a waterfront location: Upon notice from parties proposing to erect structures on suitable sites for water dependent industry as defined in M.C.A. § 49-27-5(i), the Department will make a finding as to whether the proposed activity is the construction of a home, fish camp, or similar structure by an individual on his own property, or as to whether the proposed activity is a water dependent industry within the meaning of M.C.A. § 49-27-5(i) of the Mississippi Code. Chapter 09 specifies that certain activities and facilities will be considered to be water dependent and provides guidelines for evaluating applications for non-water dependent facilities on suitable sites for water dependent industry.

J. The preservation of natural scenic qualities: Private parties and local governments are encouraged, but not required to consider the guidelines Chapter 10 when planning projects involving regulated activities. Where a conflict arises between these guidelines and a Special Management Area as designated and approved under Chapter 17, the provisions of the Special Management Area Plan will prevail.

K. The national interest: The following aspects of the national interest will be considered.

1. The need for national defense and to establish and maintain facilities necessary to accomplish national defense

2. The National Energy Policy

3. The need to improve public recreational opportunities

4. The national need for transportation, including ports and navigation

5. The protection of federally listed endangered flora and fauna. The Department will consult with the Mississippi Natural Heritage Program and the U. S. Fish and Wildlife Service concerning projects that may affect endangered flora and fauna

6. The consideration of wild and scenic rivers and the coordination of activities affecting such rivers with efforts under the Wild and Scenic Rivers Act

7. The reduction of the loss of life and property damage from natural hazards, including flooding and erosion. In this connection, consideration will be given to protecting the physical integrity of Mississippi’s barrier islands so that they may continue to shelter the coastal area from devastation

L. Comments received from Coastal Program Agencies in accordance with their responsibilities as outlined in Chapter 16, and comments received through public notices and hearings.

M. The provisions of approved SMA plans. Specific provisions of SMA plans will prevail over the considerations noted above.

MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-23, 49-27-27, 49-27-35, 49-27-59, 57-15-6, 57- 15-10. Rule 6.4 All uses in Coastal Wetlands previously authorized as of the adoption of Title 22, Part 23 are allowed to continue to the extent provided under said authorization. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, and 57-15-10. Rule 6.5 Failed structures that are not serving the purpose for which they were constructed must conform to current guidelines. Failing structures may be granted authorization for repairs in their original location, size, configuration and design at the discretion of the Executive Director or their delegate. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, and 57-15-10. Rule 6.6 As a condition of granting a permit, the Advisory Commission may recommend that the Executive Director require mitigation as a means of minimizing net adverse impacts on Coastal Wetlands. The magnitude of any mitigation requirement must be reasonably related to the magnitude of the activity under consideration. Where an area management plan is in force, the Executive Director will not require mitigation above and beyond that called for in the plan. In the absence of an area management plan, mitigation will be determined on a case-by-case basis. MISS. CODE ANN. §§49-27-23, 49-27-29. Rule 6.7 An applicant, or any person, corporation, municipal corporation, county, or interested community group authorized by Miss. Code Ann. §49-27-39 to take an appeal to Chancery Court may request the Executive Director to reconsider a permit decision. A copy of such request must be provided to the Executive Director, who will consider the request and may secure any additional information necessary, either through the Department or through testimony from interested parties. MISS. CODE ANN. §§49-27-39 and MISS. ADMIN. CODE Title 22, Part 15. CHAPTER 07: COASTAL WETLANDS USE PLAN Rule 7.1 The Department maintains a digital map that depicts the Coastal Wetlands Use Plan that serves as the basis for permitting. A. The Coastal Wetlands Use Plan depicted on this map and presented in this Chapter is binding only on Coastal Wetlands below the OHWM.

B. A permit will not be issued for a regulated activity unless that activity is associated with a use allowed in the Coastal Wetlands Use Plan.

C. The Executive Director will not consider the exclusions listed in Chapter 11 to be in compliance with the public policy of wetlands protection unless the activity in question is allowable under the Coastal Wetlands Use Plan.

D. Special Management Area plans adopted pursuant to Chapter 17 shall override the Coastal Wetlands Use Plan. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 7.2 The Coastal Wetlands Use Plan is divided into use districts. These districts and the allowable uses within each district are described below: A. Industrial Development (I) Districts are coastal wetlands areas designated to accommodate water dependent industrial development. 1. Allowable uses or activities in an industrial development district are the construction of piers, docks, wharfs, dolphins, bulkheads, skids, marine launchways, dry docks, graving docks, launching ramps, hoists, cranes, submarine cables or pipelines, water intake or effluent discharge structures, other similar structures necessary for water dependent industrial development. 2. Uses allowed in C and G districts are also allowable.

B. Commercial Fishing, Recreational Marina, and Dockside Gaming (C) Districts are coastal wetlands areas designated to accommodate developments necessary to support commercial fishing or recreational marinas, dockside gaming and associated activities. 1. Allowable uses or activities are commercial fishing and recreational marinas, dockside gaming, shorefront finfish and shellfish processing facilities, ice plants and boat repair facilities for commercial fishing and recreational use, the construction of piers, docks, dolphins, bulkheads, wharfs, launching ramps, hoists or cranes, other similar structures necessary for commercial fishing, dockside gaming and recreational marina use as well as dredging and filling necessary to accommodate these uses. 2. Uses allowed in G districts are also allowable.

C. General Use (G) Districts are coastal wetlands areas where only minor alterations are allowed when such alterations do not adversely affect recreation, swimming, fishing, and the natural scenic qualities of the wetlands. 1. Allowable uses or activities are the construction of piers, docks, bulkheads, boat launching ramps, and other similar structures for non-commercial purposes, unless the specific commercial purpose is allowed by the zoning district of the city or county in which the proposed project is located; submarine cables and pipelines; oyster farming, transportation facilities developed under a plan reviewed and found to be consistent under Chapter 13; overhead transmission lines; beach nourishment activities; reasonable dredging necessary to accommodate the above uses. 2. All wetlands not otherwise designated are considered general use areas.

D. Preservation (P) Districts are coastal wetlands areas where no permanent alterations are allowed except as described below. 1. Allowable uses are activities such as fishing, oystering, swimming, hunting, trapping, scientific or educational pursuits and other passive recreation. Where a P district adjoins private property, the riparian owner may construct a pier to gain water access. 2. Coastal Wetlands designated for preservation are indicated by map code P l and seagrass beds designated for preservation are indicated by map code P

. 3. Projects intended to provide restoration or enhancement of coastal wetlands may be allowed within Preservation Districts. The use district for the project area will be changed to S

.

E. Special Use (S) Districts are areas of coastal wetlands which are leased and/or designated for certain specific uses. These uses and their corresponding map codes are described below. 1. S

: Natural and artificial oyster reefs where seafood harvesting operations as provided for by law are allowed. New artificial oyster reefs reviewed and approved by the Executive Director become S

designation on the Coastal Wetlands Use Plan Map. 2. S

: Leased coastal wetlands for oyster cultivation where only seafood harvesting by the leaseholder is allowed. Oyster leases granted by the Department become S

designation on the Coastal Wetlands Use Plan Map.

3. S

: Leased coastal wetlands for other purposes, where uses specified in a lease from the State of Mississippi are allowed, provided the activities have previously been reviewed and approved by the Commission or the Executive Director. Leases let by the Secretary of State andresearch projects designated non-harvest for a specified time, reviewed and approved by the Executive Director become Special Use S

Districts on the Coastal Wetlands Use Plan Map. This designation is in addition to the existing use designation. 4. S

: Areas of coastal wetlands designated for dredged material disposal other than beneficial use of dredged material. New dredged material disposal sites reviewed and approved by the Executive Director become S

designation on the Coastal Wetlands Use Plan Map. 5. S

: Areas of coastal wetlands where navigation channels may be constructed and maintained. New public navigation channels reviewed and approved by the Executive Director become S

designation on the Coastal Wetlands Use Plan Map. 6. S

: Restoration and enhancement areas. Uses allowed in P districts are allowable unless otherwise prohibited. New restoration and enhancement areas by governmental entities, including sites for beneficial use of dredged material, reviewed and approved by the Executive Director become S

designation on the Coastal Wetlands Use Plan Map. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, and 57-15-10. Rule 7.3 Applicants proposing to conduct regulated activities which are not associated with a use allowed in the current use district may petition the Executive Director for a change to the use district by specifically justifying the request. Adjustments to the Coastal Wetlands Use Plan may be granted at the discretion of the Executive Director, based on findings and recommendations from the Department and the Advisory Commission. Hearings and notices thereof must be in accordance with Chapter 05. Notification must provide the general public or governmental entities an opportunity to comment or object to the activity and include the opportunity for a public hearing. Approval of an adjustment must be based on one (1) or more of the following criteria: A. No significant environmental impacts would occur as a result of the use allowed; no feasible, alternative sites in the use designation being requested are available; the general public and governmental entities were notified of the activity; no significant conflicts

with surrounding uses or public access to Coastal Wetlands would occur; and the activity does not adversely affect the public interest in protecting Coastal Wetlands;

B. There is a significant public benefit in the activity; impacts to public access and adverse environmental impacts have been minimized; the general public and governmental entities were notified of the project; and a public hearing was conducted;

C. The adjustment would be for a temporary activity in the public interest with the adjustment occurring in a prescribed period set by the Executive Director, at the end of which the area would revert to the original use designation.

D. There was a mistake in the original drafting of the Coastal Wetlands Use Plan. MISS. CODE ANN. §§25-43-1 e. seq.,49-15-304, 49-27-13, 49-27-59, 57-15-6, 57-15-10 CHAPTER 08: REQUIREMENTS FOR CONDUCTING REGULATED ACTIVITIES Rule 8.1 Docks, Piers, Boat Shelters (including boathouses), and Hoists: A. Must be constructed in a manner that will not affect the ebb and flow of the tide. All structures must be configured to minimize adverse environmental impacts.

B. Must be of sufficient length to reach navigational depths adequate for their proposed use in order to minimize the necessity of dredging.

C. Must be constructed in a manner that does not restrict access to public beach areas.

D. Must not create a navigation hazard in waterways.

E. Mooring pilings and buoys require authorization and must be constructed in accordance with the requirements for docks, piers, boat shelters and boat hoists. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.2 Boat Ramps: A. Must be located in areas which do not require the destruction of sensitive coastal wetlands, and which require minimum dredging to reach adequate water depths; both initial and maintenance dredging must be considered.

B. Must have adequate storm water runoff management and runoff from parking areas must not be directed down the boat ramp or be allowed to damage sensitive coastal wetlands.

C. Must be designed so that they do not interrupt the natural movement or supply of sediments.

D. Must not include more fill material than necessary to meet the project requirements.

E. Must minimize adverse impacts, consist of environmentally acceptable materials, and demonstrate sound design and construction so that they can reasonably be expected to be safe and effective.

F. See also Requirements for Dredging and Excavation (Rule 8.18). MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.3 Marinas, Boat Basins, and Boat Slips: A. Must be located in areas that will have minimal adverse impact on wetlands, water quality, wildlife and marine resources, or sensitive coastal wetlands, and where minimal initial and maintenance dredging will be required.

B. Must not disrupt currents or restrict tidal flow.

C. Must be located at least one thousand (1,000) feet from shellfish harvesting areas and at least seventy-five (75) feet from areas containing submerged or regularly flooded emergent vegetation.

D. More efficient utilization of existing marina space is preferred over new marina construction. Innovative solutions to increased demands for additional boat mooring and storage space, including dry stack storage or alternative slip mooring configurations, are encouraged and must be addressed in the environmental assessment required by Chapter 040.

E. Must be designed to avoid sumps and other conditions which would result in long-term degradation of water quality. Depths of marina basins, boat basins, and boat slips must be

no deeper than the controlling depth of the parent body of water (navigational depth of adjacent waterway) and must become gradually shallower proceeding from the parent body of water to the nearshore area.

F. Must not be sited in areas of known high siltation and high shoaling rates or be located in areas of poor water circulation.

G. Proposals must include a long term dredged material disposal plan which provides for suitable upland disposal sites of sufficient size to accommodate disposal of dredged material from initial and future maintenance dredging.

H. Boat slips must be designed to have angled sides of one hundred and twenty-five (125) degrees or greater in order to provide for proper flushing and tidal exchange. Existing keyhole boat slips that are being modified must be modified in such a manner that allows for increased tidal flushing of waters.

I. Must provide for water circulation and be designed to accommodate tidal flushing by incorporating flow through breakwaters or similar structures. Marinas excavated from uplands or that are otherwise enclosed must have two (2) or more unrestricted openings for tidal movement.

J. The marina developer or agent must provide the Department a completed “Coastal Marina Screening Checklist” prior to filing a permit application with the Department or as an attachment to the application.

K. Marinas other than for expansion of existing municipal marinas or the construction of new public marinas by city, county, state or federal entities must not be located on or waterward of public beaches.

L. Marina proposals require surveys for submerged aquatic vegetation and shellfish within the area proposed for marina development.

M. Project proposals must include facilities for the proper handling of petroleum products, sewage, litter, waste, and other refuse. Marinas must have facilities for the collection and disposal of wastewater generated on site and must provide pump-out facilities for the collection and disposal of wastewater from onboard holding tanks. Connections from

marina disposal systems to existing sewage collection systems are preferable to collection of waste in a holding tank, and holding tanks are preferable to on-site collection and treatment of wastewater. If a holding tank collection system is utilized, proof of a contract with a pump-out service must be provided. Waste disposal and collection systems must be approved by appropriate state agencies, must have adequate signage directing vessels to the pumpout facility, and must describe the method of operation for the pumpout system.

N. Marinas are prohibited from conducting or allowing any activity that would negatively impact the current classification of adjacent shellfish growing waters as classified by the Department in accordance with Title 22, Part 1.

O. See also Requirements for Bulkheads and Seawalls (Rule 8.4), Channels and Access Canals (Rule 8.7), Dredged Material Disposal (Rule 8.8), Filling Other Than Dredged Material Disposal (Rule 8.15), and Dredging and Excavation (Rule 8.18). MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.4 Bulkheads, Seawalls, Breakwaters, Groins and Jetties: A. For erosion control, nonstructural methods must be used in preference to structural methods. Vegetation as a nonstructural method is preferred to structural methods of sloping (3:1) rip-rap, and rip-rap is preferred to vertical seawalls. Vertical face bulkheads may be used only in low energy areas such as canals, bayous, tidal rivers, protected ports and harbors.

B. Structural methods may only be used when there is a reasonable probability of controlling erosion at the immediate site, and where the structure will not significantly increase erosion in nearby areas.

C. Vertical face structures must be aligned no further waterward than the current OHWM and constructed so that reflective wave energy does not damage adjacent wetlands habitat.

D. Vertical face structures intended to replace failed erosion control structures that are beyond repair shall not extend more than 24” waterward from the base of a failed structure.

E. Breakwaters, groins and jetties must be constructed in a manner that allows for tidal flow and flushing.

F. Rock breakwaters, groins and jetties must have sloping sides appropriate to the proposed location and purpose.

G. Breakwaters, groins and jetties must not adversely alter tidal circulation patterns, sediment transport processes, the natural supply of sediment and nutrients to the coastal wetlands or the long-term biological productivity of the coastal wetlands’ ecosystem.

H. Breakwaters, groins and jetties must not be constructed in areas of sensitive coastal wetlands.

I. Groins and jetties to trap sediments are only allowed as a means to reduce shoaling of navigable channels and boat basins.

J. See also Requirements for Filling Other Than Dredged Material Disposal (Rule 8.15). MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.5 Cables, Pipelines and Transmission Lines: A. Permanent open water canals in coastal wetlands for installation of cables, pipelines and transmission lines are not authorized. 1. Where temporary dredging or excavation is required in coastal wetlands, all dredged/excavated areas must be backfilled with the removed material after installation of the appropriate structure, with care taken to maintain the original wetland elevation in both the dredged/excavated area and removed material disposal area. 2. Removed material must be temporarily stockpiled in discontinuous banks so that sheet flow is not disrupted. 3. Appropriate erosion control measures must be employed during the crossing of wetland areas.

B. After dredging/excavation and backfilling is complete, all impacted coastal wetlands must be re-vegetated with indigenous species.

1. If the areas have not re-vegetated to pre-project conditions within one (1) year of the completion of the project, restoration of the impacted area will be required.

C. In open water areas, removed material must be deposited in discontinuous piles on opposite sides of the dredge area, which must be backfilled after project completion. 1. After the project is complete the impacted area must be restored to pre- construction conditions, and all excess removed material must be beneficially utilized or deposited in upland areas.

D. Alignments of new projects must be designed to use existing rights-of-way and topographic features, wherever feasible.

E. Projects must be aligned along the least environmentally damaging route. 1. Sensitive coastal wetlands must be avoided when possible. 2. If sensitive coastal wetlands cannot be avoided, the applicant must demonstrate that the alternative proposed is the least damaging most practicable alternative.

F. Projects must be aligned to avoid shipwrecks and areas of unique historical and cultural interest.

G. Must be buried at least ten (10) feet below authorized channel depth within maintained channels and four (4) feet below the mud line outside maintained channels.

H. See also Requirements for Dredging and Excavation (Rule 8.18). MISS. CODE ANN. §§49-15-304, 49-27-59, 49-27-61, 57-15-6, 57-15-10. Rule 8.6 Transportation: A. Bridging must be used in preference to filling to create roadbeds, railways, and other transportation facilities. Suitable erosion control methods must be used on bridge approaches.

B. Structures must be designed to preserve natural water flow and circulation regimes and to prevent excessive shoaling or erosion.

C. Except for the construction of replacement bridges and approaches, transportation improvement projects must generally follow existing alignments in coastal wetlands.

D. Transportation facilities must be designed to accommodate other public utilities, thus avoiding other unnecessary coastal wetland alteration. An example would be the use of existing rights-of-way and bridges to accommodate cables, transmission lines or pipelines.

E. Roadway embankments and fill areas must be stabilized by utilizing appropriate erosion devices and/or techniques to minimize erosion and water quality degradation problems. 1. Where appropriate, culverts are requiredin order to maintain normal tidal influence and minimize disruption of drainage patterns.

F. All streams must be bridged or provided with culverts to prevent alterations to tidal influence and natural drainage patterns.

G. Culverts or similar structures must be installed under the road at appropriate intervals (never more than two hundred and fifty (250) feet apart) to prevent blockage of surface drainage or tidal flow, with all culvert openings being subsequently maintained. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.7 Channels and Access Canals: A. Must be designed to ensure adequate flushing and must not create stagnant pockets; they must use existing drainage patterns to maximum advantage; they must be of uniform depth or become gradually shallower proceeding from the receiving body of water; they must be no deeper than the parent body of water (navigational depth of adjacent waterway) and where feasible, must be aligned with prevailing summer winds to increase circulation.

B. Alignments must make maximum use of natural or existing channels to minimize initial and maintenance dredging requirements.

C. Alignments must avoid sensitive coastal wetlands, nursery and spawning areas, and archeological and historical sites. A submerged aquatic vegetation (grassbed) or an archeological survey may be required.

D. Permanent dredged material disposal sites must be designated for initial construction as well as future maintenance dredging for all canal or channel projects.

E. Construction must be conducted in a manner that minimizes turbidity and dispersal of dredged materials into adjacent coastal wetlands, and on schedules that minimize interference with fish and shellfish migration and spawning.

F. Designs must not significantly alter tidal circulation patterns or sediment transport processes, create change in salinity regimes, or change related nutrient and aquatic life distribution patterns.

G. New canals for waterfront lots must be constructed from the OHWM landward and must be open to a major waterway at two (2) or more points.

H. Dead end canals are not permitted except where water flow is sufficient to flush the canal on a regular basis. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.8 Dredged Material Disposal: A. All dredged material will be viewed as a potential reusable resource, and all disposal plans must include provisions for access to such resources.

B. Dredged material suitable for beach replenishment, habitat restoration and enhancement, construction, or other purposes (sanitary landfill, agricultural soil improvement, etc.) must be used immediately for such purposes or stockpiled in designated beneficial use staging areas or other nonwetland areas for later use.

C. All projects involving the removal of over two thousand five hundred (2500) cubic yards of dredged material must evaluate the dredged material in accordance with approved procedures to determine suitability.

D. All dredged material determined to be suitable for beneficial uses must participate in the Department programs involving beneficial use.

E. If dredged material is not suitable for beneficial use, then existing upland disposal areas must be used to the fullest extent possible. Examples include raising the height of containment embankments to increase the holding capacity of the disposal area, and the application of modern engineering techniques to render the material suitable for useful purposes.

F. Disposal dikes for non-beneficial use and upland disposal areas must be shaped and stabilized immediately upon construction to minimize erosion and dike failure, and out- falls must be positioned to empty back into the dredged area.

G. Areas containing sensitive coastal wetlands must not be used for dredged material disposal.

H. Toxic and highly organic materials must be disposed of in a manner that prevents their harmful release into the environment.

I. New dredged material disposal proposals must include a maintenance plan for the shorter of fifty (50) years or the life of the project. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.9 Tidal Marsh and Watershed Impoundments: A. New tidal marsh impoundments are prohibited except where a proposed impoundment is part of a plan adopted by the Executive Director following the same procedures used for promulgating regulations.

B. Proposals to repair or replace existing impoundment structures will be allowed only if all other applicable guidelines are met and the use for which the impoundment was originally created is its current use.

C. Impoundments of rivers and bayous alter the quality, quantity and timing of freshwater flows into estuaries as well as block migration of fishery resources. Such impoundments are prohibited except where a proposed impoundment is part of a plan adopted by the Executive Director following the same procedures used for promulgating regulations. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10

22 Miss. Admin. Code Pt. 23, R. 8.10 Drainage Canals or Ditches: A

Must not be extended through Coastal Wetlands or tidally-influenced marshes (except where land subsidence has severely lowered the developed lands).

B. Must terminate at the landward edge of the Coastal Wetlands or tidally-influenced marshes, to allow filtration through the Coastal Wetlands.

C. A spreader canal, or a canal designed to disperse water over the landscape in more natural sheet flow, may be used along the uplands adjacent to marsh. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.11 Oil and Gas Exploration and Production: A. Directional drilling from existing sites, canals, bayous, deeper bay waters, or non-marsh locations must be used in preference to temporary roadbeds.

B. Temporary roadbeds (preferably plank roads) to provide access from land must be used in preference to dredging canals for access to well sites.

C. Proposed road alignments must use upland or previously disturbed marsh areas.

D. All streams must be bridged or provided with culverts to prevent alterations to tidal influence and natural drainage patterns.

E. Culverts or similar structures must be installed under the road at appropriate intervals to prevent blockage of surface drainage or tidal flow, with all culvert openings being subsequently maintained. 1. Appropriate intervals are never more than two hundred and fifty (250) feet apart.

F. No hydrocarbons, hydrocarbon containing substances, drilling muds, drill cuttings, or toxic substances are allowed to flow into coastal wetlands or other wetlands adjacent to coastal wetlands.

G. Upon completion or abandonment of wells in coastal wetlands or other wetlands adjacent to coastal wetlands, all unnecessary equipment must be removed; the well site, levees,

roads, and work areas must be restored to the conditions that supported the type of wetland that existed prior to development.

H. Existing navigable waters must be used for access to oil and gas extraction sites in preference to new dredging or excavation.

I. Sensitive coastal wetlands and other productive shallow water areas must be avoided when siting extraction facilities. 1. Directional drilling must be employed when the shorelines of barrier islands or beaches, small fishing banks, hard banks, or reefs would otherwise be disturbed.

J. No discharge is permitted into coastal wetlands or wetlands adjacent to coastal wetlands of cuttings, drilling fluids, produced waters, sanitary wastes, contaminated deck drainage, or any other materials that are associated with oil and gas operations. 1. Non-contact cooling waters may be allowed when permitted for discharge under the National Pollutant Discharge Elimination System program.

K. No structures are authorized to be placed either temporarily or permanently on the top of small fishing banks. 1. Small fishing banks are generally five hundred (500) acres or less.

L. For exploration and production activities in close proximity to sensitive coastal wetlands or fishing areas, uncontaminated drill cuttings must be: 1. Shunted away from sensitive areas and discharged at or near the bottom or 2. Transported to shore or to less sensitive offshore locations.

M. Drilling and production structures, and oil pipelines must not be placed within one (1) mile of the bases of live reefs.

N. All facilities, obstructions, or debris that could impair recreational or commercial fishing must be removed or terminated beneath the water bottom. 1. Whenever this is not practicable, a lighted buoy must mark them to prevent fouling of fishing gear.

O. All pipelines placed in coastal wetlands must be buried.

P. See also Requirements for Dredging and Excavation (Rule 8.18). MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.12 Other Mineral Extraction: A. Extractions of marine mineral resources (sand, gravel, shell, phosphates, etc.) from coastal wetlands within one thousand five hundred (1,500) feet of tidal marshes or within one (1) mile of the base of live reefs is prohibited except for obtaining cultch material or material for beach replenishment.

B. Extraction of marine mineral resources (sand, gravel, shell, phosphates, etc.) within sensitive coastal wetlands is prohibited except for obtaining cultch material or material for beach replenishment.

C. If extraction of marine mineral resources is allowed under this section, site reclamation and restoration is required. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.13 Facilities Requiring Water for Cooling or Heating: A. Once-through cooling systems must not be used in areas where fishery organisms are concentrated, specifically in estuaries, inlets, and small coastal embayments.

B. Intake and discharge facilities must be placed in areas of low organism concentrations.

C. Intakes must be designed to minimize impingement.

D. If offshore intakes are employed, velocity caps or similar means must be used to produce horizontal intake currents with a maximum velocity of one-half (1/2) foot per second (fps) at the intake screen.

E. All discharges must meet the requirements in the “State of Mississippi Water Quality Criteria for Intrastate, Interstate, and Coastal Waters”, which can be accessed at: http://www.deq.state.ms.us/mdeq.nsf/page/WQSB_Water_Quality_Standards.

F. Industrial water reuse is encouraged to minimize adverse impacts from intake and discharge lines that may be situated in coastal wetlands.

MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.14 Activities Affecting Coastal Wetlands: A. Activities located outside of Coastal Wetlands must avoid and minimize effects to the following characteristics of Coastal Wetlands to the maximum extent practicable: 1. The natural supply of sediment and nutrients to the Coastal Wetlands. 2. The natural temperature regimes that are part of the ecosystem of Coastal Wetlands. 3. Salinity regimes. 4. Sediment transport processes. 5. Water flow and natural circulation. 6. The long-term biological productivity of the Coastal Wetlands’ ecosystem

B. Activities in the Coastal Zone requiring a Section 404 permit from the U. S. Army Corps of Engineers for discharges into navigable waters of the United States, their tributaries, and adjacent wetlands are highly likely to affect Coastal Wetlands by altering the characteristics of the ecosystem. These activities may constitute regulated activities under M.C.A. § 49-27-5(c) (ii) and (iii). Where such activities are conducted outside of Coastal Wetlands, proper application to the U. S. Army Corps of Engineers constitutes sufficient notification to the Department .

MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.15 Filling Other Than Dredged Material Disposal: A. Permanent filling of coastal wetlands below the OHWM is not authorized.

B. Permanent filling of coastal wetlands above the OHWM for the purpose of constructing public access facilities is authorized provided the applicant demonstrates a higher public interest.

C. Fill material must be nontoxic and either stabilized or of sufficient size as to not be displaced during typical storm tides. a. Beach nourishment does not require stabilization.

D. Fill proposals to eliminate existing poor water quality conditions (filling of dead-end canals, keyhole boat slips, etc.) will be considered.

E. See also Boat Ramps (Rule 8.2), Bulkheads and Seawalls (Rule 8.4), Transportation (Rule 8.6), Oil and Gas Exploration and Production (Rule 8.11), and Activities Affecting Coastal Wetlands (Rule 8.14). MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.16 Dockside Casinos: A. Must be located in areas that do not impact sensitive coastal wetlands.

B. Must be located in areas that require minimal dredging. 1. Provisions must be made to provide sufficient upland disposal areas to store maintenance dredging material for a minimum of fifty (50) years or the life of the project.

C. Marinas and boat slips associated with a dockside casino must be designed to conform to the marina guidelines listed in Rule 8.3. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.17 Intake and Discharge Structures: A. Are not permitted in critical habitat or sensitive coastal wetlands areas.

B. Only minimal dredging or filling necessary to create/maintain serviceable intake/discharge structures will be allowed.

C. Thermal discharges must not be placed in critical habitat or sensitive coastal wetlands area. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.18 Dredging/Excavation: A. Is not authorized in sensitive coastal wetlands.

B. Prior or concurrent authorization is required for dredged or excavated material to be placed in coastal wetlands.

C. A minimum ten-foot (10-foot) buffer must be maintained between dredging/excavation and any wetlands unless a turbidity curtain is in place for the entirety of the dredging operation, in which case the buffer may be decreased to five (5) feet.

D. The dredging/excavation process must avoid creating sinks or sumps. 1. Dredging/excavation depth is limited to that of the parent body of water (navigational depth of the adjacent waterway). 2. A minimum 3:1 (horizontal: vertical) side slope must be maintained in the dredged/excavated area.

E. Best Management Practices must be used at all times during the authorized activity to minimize turbidity at the dredged/excavated site and contaminated runoff into wetlands at the removed material disposal site(s). Acceptable methods include but are not limited to: 1. the installation of turbidity screens around the immediate project site, 2. staged construction, 3. staked hay bales, 4. staked filter cloth, and 5. sodding, seeding, and mulching. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 8.19 Variances to the Requirements for Regulated Activities may be granted at the discretion of the Executive Director, based on findings and recommendations from the Department. To petition for a variance to the requirements, an applicant must identify the requirement(s) to which a variance is requested and must specifically justify the request. A public hearing held as part of a permit or decision process required under state or federal law, and that is referenced in Chapter 05, will be sufficient to meet the requirements of this section, if the hearing has addressed the issue of a variance. Approval of a variance must be based on one or more of the following: A. The impacts on Coastal Wetlands would be no worse than if the requirements were followed;

B. The variance would be temporary, with restoration to conform with the requirements taking place within a period specified in a permit, which period must be no less than thirty (30) days nor more than one hundred and twenty (120) days following completion of the activity;

C. No feasible, alternative sites or construction techniques are available; there is a significant public benefit in the activity; and a public hearing has been conducted ;

D. The activity requires a waterfront location; there is a significant public benefit in the activity; and a public hearing has been conducted . MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. CHAPTER 09: WATER DEPENDENT INDUSTRY Rule 9.1 The Department will find the following to be water dependent industry: A. Activities that meet the definition in Mississippi Code Ann. §49-27-5(i).

B. Water access facilities, including piers, docks, wharfs, dolphins, skids, marine launchways, dry docks, graving docks, launching ramps, hoists, and cranes; also included are water intake structures, effluent discharge structures, and attendant pipeline corridors fifty (50) feet or less in width.

C. Ports and associated facilities, both public and private, including water access facilities, fuel terminals, warehouses in support of port operations, bulk material handling facilities for both dry and liquid materials, tanks and silos used in material transfer operations from or to waterborne transport, grain elevators, open storage areas in support of port operations, trailer marshaling yards, any facilities designed to accommodate cargo moving in domestic or international waterborne commerce, and facilities constructed as part of a corridor from the waterfront to an inland activity which either ships or receives goods and raw materials by waterborne commerce.

D. Vessels approved for casino gaming purposes and adjacent facilities required by dockside gaming regulations. MISS. CODE ANN. §§49-15-304, 49-27-5, 49-27-59, 57-15-6, 57-15-10, 75-76-1, 97-33-1.

22 Miss. Admin. Code Pt. 23, R. 9.2 The following are water dependent industries to the extent that they comply with the siting criteria below: A

Commercial and sportfishing facilities, including finfish and shellfish processing plants and large commercial docking facilities.

B. Shipbuilding and repair for barges, cargo vessels, combat ships, dredges, tugboats, floating dry docks, ferry boats, landing ships, marine lighters, marine rigging, passenger- cargo vessels, trawlers, sailing vessels, submarine tenders tankers, towboats, houseboats, and other marine vessels and transportation.

C. Fabrication of steel and concrete structural assemblies or components requiring water transport because of their size, including barge sections, ship sections, large metal buoys, offshore platforms and subassemblies, bridge sections, hoists, trusses, beams, and other such structural components.

D. Commercial, industrial or manufacturing activities that receive or ship raw materials or products by waterborne commerce.

E. Siting Criteria 1. The production site is on the landward side of its water access facility and has its smaller dimension on the waterfront. The production site is that area occupied by manufacturing facilities, including material storage yards, piping, conveyors, other handling facilities used in production, and outbuildings housing related manufacturing activities. Administration and other detached buildings not integrally related with production processes must be located either within the production site or on its landward side. The waterfront is the general shoreline of the site, notwithstanding inlets, finger canals, and the like. On corner lots, and on other parcels having more than one shoreline, the waterfront is a shoreline on which a water access facility is located. 2. To the extent that technical, safety, or economic requirements prevent compliance with these guidelines, a water dependent industry may site in accordance with such requirements in lieu of the criteria in the Guidelines for Water Dependent Industries. Technical requirements must be based on professionally accepted design standards or on physical requirements that stem from the size, weight, or configuration of raw materials or finished products. Safety requirements must be

based on either laws, rules, regulations or ordinances promulgated by a public entity, or on safety standards promulgated by trade, industrial, or engineering associations. Economic requirements are considered when compliance with these guidelines will preclude an activity’s products from being competitive in its usual markets. The demonstration that compliance with these guidelines is simply more costly than other alternatives will not in and of itself be considered economic requirement. 3. Where existing roads, rail lines, structures, or other physical barriers prevent an activity from complying with these guidelines by restricting the size of the area available for production facilities, structures may be built in a larger area to the extent necessary to accommodate the production facilities. 4. Where a suitable site for water dependent industry is covered by special management area plans incorporated into the Mississippi Coastal Program, and where the plan specifically treats water dependency criteria, the provisions of the special management area plan will be used in lieu of the siting criteria in these guidelines. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 9.3 In cases where a permit is required to build structures on suitable sites for water dependent industry, because the structure is being built by a non-water dependent industry, the Department will consider the following in making its recommendations, along with comments received through the policy coordination procedures. A. Factors in favor of granting a permit: 1. Technical and economic requirements; great weight will be given to granting permits for expansions of industries located on the waterfront, where such expansion involves the use of product outputs; by products, or common production facilities. 2. Where failure to grant permit would render site unsuitable for beneficial uses. 3. Where the proposed structure would not impair future waterfront industrial development of the site. 4. Good faith plans for waterfront uses (plans for speculative wetland filling will not be considered “good faith”). 5. Uncommonly high ratios of new jobs to the area of the site proposed for development. 6. Where a special area management plans provides for the activity in question.

MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. B. Factors for conditioning or denying a permit: 1. Where alternative, feasible sites exist. 2. Where siting is not required on technical or economic grounds. 3. Where a permit would result in an activity inconsistent with the Mississippi Coastal Program. 4. Where a permit would result in an activity injurious to public health and safety. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. CHAPTER 10: GUIDELINES FOR THE PRESERVATION OF NATURAL SCENIC QUALITIES Rule 10.1 Guidelines for Beaches: A. Permanent structures should not be built on the open beach except for facilities such as piers, public restrooms, and lifeguard stations.

B. Beaches should be well supplied with trash receptacles and sanitary facilities.

C. When additional parking is needed in high use beach areas, the new parking areas should be set back from the beach, and safety devices for highway crossings should be used where appropriate.

D. The parking lots should be marked and concealed with plantings, trees, earth mounds and berms. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.2 Guidelines for Islands and Dunes: A. Any structure should blend visually with the natural landscape and should not extend above the natural silhouette of the island. a. Lighthouses and aids to navigation are exceptions.

B. Except for low, visually un-obstructing access facilities such as piers, structures should not be built seaward of primary dunes, and should not destroy primary dune vegetation.

C. New development should not destroy dune vegetation, prevent natural movement of sand, or conflict with the visual dune forms. Vehicular and pedestrian traffic in dune areas should be channeled to those locations designed to handle the usage. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.3 Guidelines for Shorelines: A. Development, particularly tall structures, should be set back from the edge of natural coastal waters, rivers and bayous to preserve the visual quality of the waterbody, and to protect shoreline vegetation.

B. New structures should not extend seaward farther than adjacent structures in the area.

C. Facilities that are not dependent on a waterfront location should be located away from the shoreline, for environmental as well as aesthetic reasons.

D. The natural appearance and visual attractiveness of the shoreline should be maintained.

E. The upland vegetation against which wetlands are generally viewed should be maintained in the natural state, and

F. Structures built at the edge of coastal wetlands in predominantly undeveloped areas should be designed to blend with the surrounding area. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.4 Guidelines for Visual Access: A. Sites in areas of scenic importance or traditionally public viewing points should be avoided by new developments. This is particularly true for large scale developments.

B. The provision of public access to the shore, both physical and visual is encouraged.

C. Easements for public viewing and waterfront access at property sidelines should be considered.

D. Where visual buffer areas are created by design or as a result of building setbacks, public access should be provided to these open lands for passive recreational use and view access. Institutional developments easily lend themselves to this type of access.

E. Highways and other public facilities near the shore should be carefully designed to take advantage of waterfront views.

F. Public access areas should be provided in port areas and small craft harbors, subject to safety and security requirements.

G. Public facilities such as restaurants and fish houses should be provided to allow the public to enjoy the sights and activities of ports and harbors. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.5 Guidelines for Visual Buffers: A. Facilities with strong utilitarian or harsh visual character should be buffered by trees, or other plantings, fencing, earth berms, and creative grading. Within industrial areas, individual sites do not require vegetated buffers to divide them. Tree planting and other vegetative screening should be employed at public edges to reduce the visual impact.

B. Campgrounds should provide for privacy in individual sites through ample vegetative planting and screening.

C. Mobile home courts and parks should be similarly planted and screened; units should be clustered, and common open space provided. No trailers should be allowed in beach areas. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.6 Guidelines for Building Exteriors: A. In the case of large scale facilities, building mass should be broken into component units if doing so will permit some units to be better integrated into site topography.

B. Roof form and silhouette should be varied and styled to harmonize with the surrounding landscape and to blend with the natural tree line.

C. Except in highly developed areas, structures should reflect the natural surroundings and typical colors of existing coastal architecture.

D. Earth colors and sky blue can be universally used for general surfaces; black, navy blue, and battleship gray are appropriate for industrial or similar building types that are meant to recede visually.

E. Building materials and texture should reflect surrounding natural materials.

F. Articulation of elements on facades and the use of wood or slatting of synthetic materials are ways in which this can be accomplished.

G. Administration buildings and all structures whose design is not restricted by operational criteria should be designed to blend with surroundings, in terms of height, silhouette, mass, materials, and color.

H. Blighted and derelict facilities should be removed, restored or rehabilitated for new uses to reduce the degradation of natural scenic qualities. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.7 Guidelines for General Landscaping: A. Natural vegetation should be preserved wherever practicable.

B. It is the intent of this guideline to require the deliberate consideration of preserving natural vegetation through good design.

C. Landscaping should be used to enhance, not replace, natural scenic qualities.

D. Living plant materials should be used to harmonize structures with the landscape.

E. Unsightly facilities should be masked with foreground plantings to be made less readily visible from the shore or water.

F. Earth berms, mounds and other topographic modifications should be used to mask unsightly structures; where this would blend with the surrounding terrain.

G. Where hilly or rolling topography occurs naturally, earth forming should be used to enclose and conceal utilitarian structures and facilities.

H. Plantings should be used to stabilize shoreline erosion and to screen development along roads and other access routes.

I. Species, planting patterns, massing, and plant heights should be compatible with the structural masses they are intended to disguise or enhance.

J. Thinning of trees is preferable to clear cutting.

K. Natural shrubbery and trees such as live oaks should be preserved when practicable, and where removed, replaced with other vegetation equally effective with respect to natural scenic qualities. L. Special consideration should be given in the design of new developments for maintenance, care and long range health of the natural vegetation.

M. Cluster and planned unit developments should be encouraged to ensure preservation of natural scenic qualities. These developments should be guided by long range plans that integrate the public natural areas in different developments to form a continuous public system of open space.

N. Planting of mature plant specimens should be done in urban fringe areas to maintain vegetative continuity.

O. Tree preservation ordinances, sign ordinances, and minimum landscape ordinances for commercial structures should be adopted for urban and semi urban areas. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.8 Guidelines for Site Furniture: A. The shore environment is particularly sensitive to the visual intrusions caused by billboards, utility poles and transmission lines, fences, and similar fixtures.

B. Fencing, wastebaskets, park benches and lighting fixtures should be designed and built of materials which reflect the character of the coast, both in historic and architecturally valuable urban areas and in new developments.

C. Signage controls should be applied in all commercial areas to limit height, size, and lettering coverage of signs on buildings and those along roadsides and highways. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 10.9 Guidelines for Utilities: A. Utility lines should be underground where practicable, and those located above ground should be designed and located so that they avoid scenic areas, blend with the surrounding landscape or are screened from public view. a. These guidelines recognize that it is not practicable to locate high voltage transmission lines underground. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. CHAPTER 11 EXCLUDED ACTIVITIES Rule 11.1 Certain activities are excluded from the requirement to secure a permit based on: A. The nature of the activity,

B. The area where the activity would occur, or

C. The entity proposing the activity. MISS. CODE ANN. §49-27-7. Rule 11.2 Excluded activities must adhere to the public policy of Coastal Wetlands protection. MISS. CODE ANN. §§49-27-3, 49-27-7. Rule 11.3 Parties proposing to conduct excluded activities other than those listed in Miss. Code Ann. §§ 49-27-7(c) and 49-27-7(d) must notify the Department in accordance with 0. MISS. CODE ANN. §§49-15-304, 49-27-7, 49-27-59, 57-15-6, 57-15-10.

22 Miss. Admin. Code Pt. 23, R. 11.4 Rule 11.4

When an application for an excluded activity is received, the Department will prepare a set of findings as to whether the proposed activity is in compliance with the public policy of wetlands protection in Miss. Code Ann. §49-27-3. A. Such findings will be based on the decision factors in Chapter 06.

B. Conditions may be placed on these findings in order to ensure compliance with the public policy of wetlands protection when the excluded activity is conducted.

C. The results of or a copy of the findings will be provided to the party proposing the excluded activity through a Certificate of Exclusion, which will include any conditions necessary to ensure compliance.

D. Findings on excluded activities will be used by the Department and the Executive Director to carry out their respective administrative responsibilities under the Coastal Wetlands Protection Act particularly under Miss. Code Ann. § 49-27-3 and under the wetlands management authority in Miss. Code Ann. §57-15-5. MISS. CODE ANN. §§49-15-304, 49-27-3, 49-27-23, 49-27-29, 49-27-59, 57-15-5, 57-15-6, 57- 15-10. Rule 11.5 Regulated activities which, in the judgment of the Executive Director or their delegate, after an on-site inspection, have no harmful impact on the environment and which make no substantial change in the wetlands may be authorized by a Certificate of Waiver or similar authorization from the Executive Director or their delegate. A. A Certificate of Waiver may be issued only if the activity complies with the applicable provisions of all sections of these rules, regulations, guidelines and procedures.

B. Issuance and acceptance of a Certificate of Waiver does not relieve the applicant from the requirements of obtaining a permit from the U. S. Army Corps of Engineers or the DEQ, nor from the necessity of compliance with other applicable state or local laws, ordinances and zoning regulations.

C. Activities described as eligible for a general, regional, or national permit or similar authorization from the U. S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, or any memorandum of understanding or agreement with the U. S. Army Corps of Engineers, U. S. Coast Guard or other state or

federal agency having regulatory responsibility in coastal wetlands, provided such agreement or authorization has previously been reviewed by relevant federal and state agencies, are eligible for a Certificate of Waiver.

D. Emergency activities that are necessary to prevent loss of life, imminent destruction of property or activities which eliminate hazards to the public well-being are eligible for a Certificate of Waiver. MISS. CODE ANN. §§49-15-304, 49-27-7, 49-27-59, 57-15-6, 57-15-10. Rule 11.6 Excluded activities proceeding without authorization under a Certificate of Exclusion or Certificate of Waiver are subject to enforcement action, as provided for in Chapter 12. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. CHAPTER 12 ENFORCEMENT Rule 12.1 The Department is responsible for conducting inspections to ensure that the CWPA is upheld. Individuals are requested to report any apparent violations of the CWPA to the Department. MISS. CODE ANN. §§49-15-304,49-27-63, 57-15-6 and 57-15-10. Rule 12.2 If a permittee exceeds the scope of or does not comply with one or more of the conditions or limitations set forth in the Permit, Certificate of Exclusion, Certificate of Waiver, or other authorization granted by the Executive Director, or their designee, or if any party or parties conduct or cause to be conducted a regulated activity or excluded activity without first applying for and being granted the required authorization, the following procedures must be followed: A. The Department will issue a notice of violation by mail and/or by posting the notice at the site of the regulated activity in question. The notice of violation will: 1. Demand the affected party to cease any regulated activity and to contact the Department to resolve the apparent violation, and 2. Inform the affected party that the apparentviolation will be brought before the next regularly scheduled meeting of the Advisory Commission.

B. Upon recommendation from the Advisory Commission, the Executive Director may:

1. Suspend or revoke the Permit, Certificate of Exclusion, or Certificate of Waiver. Notice of the suspension or revocation must be sent to the permittee within thirty (30) days from the date of the hearing. 2. Require restoration of all affected Coastal Wetlands to their condition prior to the violation. 3. Levy a fine. 4. Issue an after-the-fact Permit, Certificate of Exclusion, or Certificate of Waiver after proper application for such in accordance with the application procedures in Chapter 04. MISS. CODE ANN. §§49-15-304, 49-27-1 et seq., 57-15-6, 57-15-10. Rule 12.3 Procedures for action against a permittee or party proceeding without proper authorization will be halted if the affected party makes satisfactory arrangements to bring the activity into conformance with the permit or the apparent violation into compliance. The preparation and submittal of an application for after-the-fact approval will be considered as a satisfactory arrangement. MISS. CODE ANN. §§49-15-304, 49-27-1 et seq., 57-15-6, 57-15-10. Rule 12.4 If a permittee proceeds contrary to a suspension or revocation of Permit, Certificate of Exclusion, or Certificate of Waiver, the Attorney General will be requested to initiate legal action immediately. MISS. CODE ANN. §§49-15-304, 49-27-1 et seq., 57-15-6, 57-15-10. CHAPTER 13 FEDERAL CONSISTENCY REVIEWS Rule 13.1 Federal actions that may have reasonably foreseeable effects on coastal uses and resources of the state’s coastal zone will be reviewed for consistency with the enforceable policies of the state coastal management program. MISS. CODE ANN. §§49-27-1 et seq., 15 C.F.R. 923 and 15 C.F.R. 930. CHAPTER 14 STATE AGENCY ACTIONS SUBJECT TO REVIEW Rule 14.1 All State actions listed in this section are considered reviewable unless otherwise determined to be consistent. The following list of actions have been determined to be consistent. A. Activities outside of the Coastal Zone, with the exception of activities taking place in Major Coastal Rivers and Streams.

MISS. CODE ANN. §57-15-6. Rule 14.2 Agencies proposing reviewable actions must submit such actions for review at least sixty (60) days prior to such action, provided that surface mining permits issued through the DEQ will have a forty-five-day (45-day) review period so that reviews under these policy coordination procedures do not conflict with the statutory review time for such permits. Reviewable actions are listed below: A. Department of Environmental Quality-Office of Pollution Control: 1. Issuance of new air or water pollution permits. 2. Renewal of such permits. 3. Substantive regulatory changes, including but not limited to changes in the designation of water quality areas, and modifications to water quality parameters for these areas. 4. Financial assistance administered through the Office of Pollution Control. 5. The review and approval of plans and specifications for sewage collection systems for new subdivisions, extensions of municipal systems, and for new or expanded privately or publicly owned wastewater treatment facilities. 6. Procedural changes in rules and regulations.

B. Department of Environmental Quality-Office of Geology and Energy Resources: 1. The leasing of any state-owned minerals in the coastal area at least sixty (60) days prior to the advertisement for such lease. 2. Plans or programs for mineral leasing. 3. Surface mining permits (subject to forty-five-day (45-day) review period only). 4. Permit and lease renewals. 5. Assessment documents for the DEQ Rules and Regulations Governing Leasing for Production or Extraction of Oil, Gas and other Minerals from State Owned Lands.

C. Department of Environmental Quality -Office of Land and Water Resources: 1. Issuance of water withdrawal or impoundment permits either in the coastal area or on major coastal rivers and streams in George, Stone, or Pearl River Counties when these water diversions are not returned to the stream upstream of the coastal area. 2. Delineation of capacity use areas for groundwater. 3. Issuance of permits for groundwater utilization in capacity use areas.

4. Permit renewals.

D. Department of Wildlife, Fisheries and Parks: 1. Planning programs for park acquisition and development land acquisitions. 2. Land acquisitions. 3. Plans and specifications for park development (review should take place at preliminary plan stage). 4. Construction of parks.

E. Department of Archives and History: 1. Acquisition of real or personal property in the coastal area. 2. Issuance of permits for state archeological landmarks. 3. Renewal of permits.

F. Secretary of State: 1. Any lease of state owned or public trust lands. 2. Renewals of such leases.

G. Board of Health: 1. Promulgation of rules and regulations for hazardous waste disposal and for sanitary landfills. 2. Substantive changes in such rules and regulations. 3. Issuance of permits for hazardous waste disposal sites and sanitary landfills. 4. Renewal of permits.

H. Department of Transportation: 1. Planning programs for new or improved highway systems. 2. Plans and specifications for new construction (review should take place at the preliminary plan state). 3. Acquisition of land. 4. Right of way clearing. 5. New construction projects. 6. Maintenance work that requires dredging or filling in wetlands. 7. Grants, loans, or other forms of assistance awarded by the department. 8. Landscaping and scenic enhancement projects.

9. Removal of roadside hazards and obstacles where natural scenic qualities are affected. 10. Widening and overlay projects requiring fill in wetlands.

I. Bureau of Buildings, Ground, and Real Property Management: 1. Planning programs to determine long term building needs. 2. Plans and specifications for the construction of buildings (review should take place at preliminary design phase). 3. Land and other property acquisition. 4. Construction of projects.

J. Institutions of Higher Learning: 1. Building programs. 2. Annual Sea Grant work program.

K. Department of Marine Resources: 1. Wetlands permits and renewals. 2. Planning, research, acquisition and construction grants. 3. Changes in rules, regulations, guidelines and procedures. 4. Adoption of special area management plans. 5. Oyster reef creation projects and oyster leases.

L. Mississippi Development Authority: 1. Certificates of public convenience and necessity issued in conjunction with industrial development efforts. 2. Financial assistance to local governments and private parties. 3. Construction activities at the Mississippi State Port at Gulfport.

M. Oil and Gas Board: 1. Permits issued for oil and gas operations in coastal wetlands, unless such operation has been considered during the review of a proposed lease in coastal wetlands.

N. Public Service Commission: 1. Certificates of public convenience and necessity issued in connection with construction activities of public utilities in the coastal area.

MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. . CHAPTER 15 STATE AGENCY ACTION CONSISTENCY CERTIFICATION Rule 15.1 The Department will provide a copy of the notification to the Coastal Program Agencies at least thirty (30) days prior to a determination of Coastal Zone Consistency. The Coastal Program Agencies must review the proposed action in accordance with their responsibilities as described in Chapter 16. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.2 Based upon Coastal Program Agency review and the consistency certification procedures in this Chapter the Department will notify the state agency whether the Department has determined the activity to be consistent to the maximum extent practicable with the PROGRAM. A. Concurrence must be in the form of a Coastal Program Consistency Certification.

B. In the event of an objection based on inconsistency with the PROGRAM, the Department will accompany the objection with reasons and supporting information. The response will describe the following: 1. How the proposed activity will be inconsistent with specific elements of the PROGRAM. 2. Alternative measures, if feasible, which could be adopted by the state agency to make the proposed action consistent. 3. The nature and necessity of additional information that would be necessary to determine the consistency of the activity or development. C. Notice of concurrence with or objection to a Consistency Certification will be provided within forty-five (45) days of receipt of the information required for a consistency review. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.3 If a state agency and the Department disagree, the Department will utilize any remaining portion of the review period to attempt to resolve its differences with the state agency. This Chapter pertains only to the review of state agency actions listed in Chapter 14. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10.

22 Miss. Admin. Code Pt. 23, R. 15.4 Rule 15.4

If no Coastal Program Agency has objected to the proposed action on the basis of regulatory policies, guidelines, or statutes the Department will issue a Coastal Program Consistency Certification. If a Coastal Program Agency has not commented within the allotted review time, its concurrence with the proposed activity will be assumed. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.5 Conditional Consistency Certifications may be issued by the Department when requested based on regulatory policies, guidelines, or statutes. The proposed action will be considered in compliance with the PROGRAM only if the specified conditions are met. A conditioned consistency certification allows a proposed action to proceed provided that the specified conditions are met. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.6 A Consistency Certification may be withheld if a Coastal Program Agency finds that there is insufficient information to make a determination on whether a proposed activity complies with the provisions of the PROGRAM and if the Consistency Certification cannot be reasonably conditioned. A reviewing agency making such a finding must state specifically the additional information necessary to make a determination. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.7 If a Coastal Program Agency objects to a proposed action on the basis that it does not comply with the provisions of the PROGRAM then such action will not be considered in compliance with the PROGRAM. The agency proposing the action may use the Conflict Resolution Procedure in Rule 15.10 of this chapter to resolve coastal program compliance disputes. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.8 At times, an action subject to review may not be ready for a determination of coastal program consistency because the notification is insufficiently specific about the activity’s location and impacts. In this case, reviewing agencies must request from the applicant the additional information necessary for a determination. The action will proceed subject to further coordination with the requesting agency. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10.

22 Miss. Admin. Code Pt. 23, R. 15.9 Rule 15.9

If an agency proceeds with its proposed action over an adverse determination from a Coastal Program Agency, or if an agency refuses to comply with any required conditions, the Department will prepare a set of findings describing the proposed actions and their conflicts with the PROGRAM. This set of findings will be provided to the Attorney General with a request for appropriate action. A copy of the findings will also be provided to the agency involved in the proposed action. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 15.10 If a Consistency Certification is withheld for any reason, the agency proposing the reviewable action may elect to utilize the Conflict Resolution Procedure described below: A. Submit a written request to the Department to utilize the Conflict Resolution Procedure.

B. When an agency elects to utilize this Conflict Resolution Procedure, the objecting Coastal Program Agency must reduce its objection to writing, specifying in clear and concise terms the issues that must be resolved to achieve compliance with the PROGRAM. Representatives of the conflicting agencies must meet to resolve the specified issues. A representative of the Department will be made available upon request to assist in the resolution.

C. If such a meeting does not result in resolution, the governing body of the agency objecting to the action will determine whether the proposed action is consistent with its regulatory authorities. If the governing body of a Coastal Program Agency objects to the proposed action, then it will be considered out of compliance with the PROGRAM.

D. Any interested party may petition the governing body of the objecting Coastal Program Agency, or the Executive Director to hold a hearing on an action determined to be inconsistent to hear any new information that should be brought to bear on the subject. The Executive Director may, in their discretion, hold such a hearing. If a hearing is held, the Executive Director will state their recommendations for the record. However, a Coastal Program Agency commenting within the purview of its primary jurisdiction will prevail in its regulatory comments. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. CHAPTER 16 COASTAL PROGRAM AGENCY RESPONSIBILITIES

22 Miss. Admin. Code Pt. 23, R. 16.1 Rule 16.1

The Coastal Program Agencies must review the applications, notifications, and certifications provided in accordance with Chapter 05, Chapter 13, and Chapter 14 and will determine whether a proposed activity complies with the provisions of the coastal program. A. Department of Marine Resources: 1. The Department will keep a written record of all coastal program agency comments and will prepare a consistency certification based on these comments. The Department is responsible for monitoring consistent action notifications to ensure that the proposed actions conform with interagency agreements and prior reviews. 2. The Department will review and comment with respect to wetlands protection. 3. The Department will review and comment with respect to the efficient utilization of waterfront sites. The Department will base this review on the water dependent industry guidelines. 4. The Department will review and comment with respect to seafood conservation. 5. The Department will review and comment with respect to the preservation of natural scenic qualities and in accordance with the guidelines. 6. The Department will review and comment with respect to the national interest. MISS. CODE ANN. §39-7-3, 49-15-1, 49-15-304, 49-17-3, 49-27-3, 51-3-1, 57-15-6. B. Department of Environmental Quality: 1. The Department of Environmental Quality Office of Pollution Control will review and comment on the proposed state and federal actions with respect to preserving air and water quality. This review will consider as program standards the provisions of the Clean Water Act and the Clean Air Act, as well as the provisions of state laws and regulations implementing these Acts. 2. The Department of Environmental Quality Office of Land and Water Resources will review and comment on proposed state and federal actions with respect to the coastal program goal of conserving water resources. Water occurring in any watercourse, lake, or other natural water body in the coastal area is among the basic resources of this state and subject to appropriation in accordance with applicable state statutes. The Department of Environmental Quality Office of Land and Water Resources will review and comment on groundwater withdrawals to the extent that coordination and limited regulation would be necessary to protect the interest and rights of residents or property owners. MISS. CODE ANN. §39-7-3, 49-15-1, 49-15-304, 49-17-3, 49-27-3, 51-3-1, 57-15-6.

C. Department of Archives and History: 1. The Department of Archives and History will review and comment on proposed actions with respect to the coastal program goal of preserving historical and archeological resources. 2. The state’s comprehensive historic preservation plan will be considered in this review. MISS. CODE ANN. §39-7-3, 49-15-1, 49-15-304, 49-17-3, 49-27-3, 51-3-1, 57-15-6. Rule 16.2 The Coastal Program Agencies must: A. State whether they object or not to the issuance of a permit for the proposed regulated activities and, in the case of an objection, state the specific reasons for this objection.

B. Request any additional information or time needed to complete their analysis of the application.

C. State specifically any conditions they require to be included in a permit, if issued, including the policies, guidelines, or statutes on which these conditions are based.

D. Include any information they request that the Department and/or Executive Director consider when determining whether to issue, deny, or conditionally approve a permit application.

E. Consider the direct, indirect or induced effects of the proposed action. If, in the opinion of the reviewing agency, unintended induced effects can be reasonably expected, the reviewing agency will consider these effects in its review. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 16.3 If a Coastal Program Agency has not commented within the allotted review time there is a presumption of concurrence with the proposed activity. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10. Rule 16.4 Agencies other than Coastal Program Agencies are encouraged to review and comment on proposed actions, but such comments will be considered informational comments. MISS. CODE ANN. §§49-15-304, 49-27-1 et. seq, , 57-15-6, 57-15-10.

CHAPTER 17 SPECIAL MANAGEMENT AREA PLANS Rule 17.1 The purposes of special management area (SMA) designation are: A. To apply the general provisions of the coastal program to specific geographical areas

B. To streamline regulatory decisions in these areas through planning for and resolving permit conflicts in advance of individual development projects being implemented

C. To coordinate federal and state regulatory decisions with the affirmative development efforts of the coastal program and of local governments

D. To provide assistance to local governments and state agencies to plan for public facilities and services in areas whose use is historically, economically, and culturally tied to coastal waters MISS. CODE ANN. §§49-27-1 et seq. and15 C.F.R. 923.20 – 923.25. Rule 17.2 A SMA designation does not authorize the imposition of new regulatory authorities. SMA designations are not mandatory and will not be construed to require local governments to agree to a plan for an area. SMA plans will not be adopted by the Executive Director without the concurrence of the local government or state agency having jurisdiction. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25. Rule 17.3 Those SMAs identified in the PROGRAM as of the date these procedures and guidelines are adopted, are designated as SMAs. The following process will be used to designate additional SMAs. A. An area may be nominated by a concerned agency, organization, or person. The nomination must include a specific description of the area and a justification for the nomination.

B. The Department will conduct an examination of the nomination to determine its merits, and more specifically to determine whether a SMA designation is needed to manage the area properly in light of the purposes specified in this chapter. A public hearing may be held at the discretion of the Executive Director. After completing its examination of the nomination, the Department will make a recommendation to the Executive Director as to whether the nominated areas should be designated as a SMA.

C. The Executive Director may act on the Department’s recommendation. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25. Rule 17.4 The responsible local government and the Executive Director, acting through the Department, will enter into an agreement to develop a SMA Plan. The agreement may be at the initiative of either party. The agreement must state the scope of work to be performed, the responsibilities of the parties involved, and the nature of any involvement with other agencies or consultants. A. Federal agencies, particularly the U. S. Army Corps of Engineers, the Fish and Wildlife Service, the National Marine Fisheries Service, and the Environmental Protection Agency, must be consulted and involved in the early stages of planning. The Department and the local government will jointly develop a draft of the plan in cooperation with federal agencies, with the Department providing general oversight. During the course of the plan’s development, public hearings or meetings may be held. If private lands are included in a SMA Plan, a hearing must be held.

B. The draft SMA Plan must be submitted to the local government or state agency and the Executive Director for concurrence and must be submitted to appropriate federal agencies.

C. A public hearing must be held on the draft plan prior to its formal adoption. Such a hearing must be advertised and held in the manner specified in Chapter 05.

D. Based on the comments received during the public hearing, the draft plan will be revised as appropriate, and considered for final approval by the local government or agency involved, and the Executive Director. Upon final approval by the Executive Director, a notice must be published at least once a week for three weeks. The notice must describe the contents of the proposal.

E. When approved according to these procedures, the specific provisions of a SMA Plan will prevail over the more general provisions of the coastal program. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25.

22 Miss. Admin. Code Pt. 23, R. 17.5 Rule 17.5

SMA Plans must define the boundaries of the area, and provide a clear description of how the physical development of the area is to be managed. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25. Rule 17.6 SMA Plans must recognize environmental and economic factors, and where a plan is intended to prevail over the more general provisions of the PROGRAM, the plan must include analyses of environmental impacts and alternatives comparable to that ordinarily required for permit decisions. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25. Rule 17.7 SMA Plans must specify the implementation responsibilities of local, state, and federal agencies, and include any interagency agreements and similar instruments necessary for carrying out the plan. MISS. CODE ANN. §§49-27-1 et seq. and 15 C.F.R. 923.20 – 923.25. CHAPTER 18 ADJUSTMENTS, VARIANCES, AMENDMENTS, AND REVISIONS TO THE PROGRAM Rule 18.1 The Executive Director may from time to time make revisions to these rules, regulations, and procedures. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 18.2 Any revision must be preceded by a notice of a public hearing once a week for three consecutive weeks in a newspaper having general circulation throughout the affected area. The first notice must appear at least thirty days prior to the hearing date. Notice must also be provided to the Coastal Program Agencies at least forty-five (45) days prior to approval of the proposed change. Copies of the proposed revision must be made available at the Department when the public hearing notice is first published. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 18.3 Where the proposed revision concerns the regulation of suitable sites for water dependent industry, the Department must serve a copy of the proposed revision upon the board of supervisors and port authority, development commission, or port and harbor commission in Hancock, Harrison, and Jackson Counties at least sixty (60) days prior to the public hearing. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10.

22 Miss. Admin. Code Pt. 23, R. 18.4 Rule 18.4

Following the public hearing, the Executive Director will consider the proposed revision in light of comments made at the public hearing and may make changes as deemed appropriate. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 18.5 Before becoming effective, any revision must be published at least once a week for three (3) consecutive weeks in a newspaper having general circulation throughout the State of Mississippi and must be filed with the Secretary of State at least thirty (30) days prior to its effective date. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 18.6 The Executive Director may make revisions to these rules, regulations, guidelines and procedures (including the Coastal Wetlands Use Plan) without the federal government’s approval under the Coastal Zone Management Act of 1972, as amended. However, federal approval of revisions is desirable so that they may be enforced through the federal consistency provisions of Section 307 of the Act, and so that financial assistance may be secured to implement the revisions. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10 Rule 18.7 Parties other than the Executive Director desiring to revise or contest the making of any rule, regulation, guideline, or procedure must observe the following procedures. Proposed revisions or contests must be filed with the Department in writing, along with any explanatory material deemed appropriate by the party requesting the change. The Department will evaluate the proposed revision and report its findings to the Executive Director. The Executive Director will determine whether the proposed revisions, or some variation thereof, have merit. It may then institute the procedure for revisions. If the Executive Director declines to implement a requested change, the party requesting the change will be notified of that decision and the reasons thereof. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. Rule 18.8 The Executive Director may issue corrections to these rules, regulations, guidelines, and procedures without public hearing by carrying out the requirements above. Corrections are limited to obvious compilation errors, errors in cross references, and changes in nomenclature. MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. CHAPTER 19: CHAPTERS AND SUBCHAPTERS DECLARED SEPARABLE

22 Miss. Admin. Code Pt. 23, R. 19.1 Rule 19.1

Each chapter and subchapter of Title 22, Part 23 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 23 shall remain in full force and effect. Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such MISS. CODE ANN. §49-15-301.