Bill Text: MS HB1047 | 2011 | Regular Session | Introduced
Bill Title: Live bait fish; create license for recreational fishing for.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-02-01 - Died In Committee [HB1047 Detail]
Download: Mississippi-2011-HB1047-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Ellington
House Bill 1047
AN ACT TO AMEND SECTION 49-15-64.4, MISSISSIPPI CODE OF 1972, TO CREATE A LICENSE AND SET A FEE FOR RECREATIONAL FISHING FOR LIVE BAIT FISH; TO PROVIDE THAT IF A VESSEL HAS A LICENSE FOR RECREATIONAL SHRIMPING, THEN NO ADDITIONAL LICENSE FEE IS REQUIRED FOR RECREATIONAL FISHING FOR LIVE BAIT FISH; TO PROVIDE THAT THE TAKING OF LIVE BAIT FISH OR SHRIMP FOR RECREATIONAL PURPOSES SHALL NOT BE SUBJECT TO THE OPENING OR CLOSING OF ANY FISHING SEASONS; TO AMEND SECTION 49-15-64.5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 49-15-96, MISSISSIPPI CODE OF 1972, TO ALLOW A VESSEL LICENSED FOR RECREATIONAL FISHING FOR LIVE BAIT FISH OR LICENSED FOR RECREATIONAL SHRIMPING TO KEEP CERTAIN AMOUNTS OF SHRIMP, LIVE BAIT FISH OR OTHER SPECIFIC FISH, ONLY FOR PERSONAL CONSUMPTION OR FOR USE AS LIVE BAIT IN RECREATIONAL FISHING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-64.4, Mississippi Code of 1972, is amended as follows:
49-15-64.4. (1) Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat engaged in those operations. The operations shall not exceed two (2) boats per license.
(2) Each "live bait dealer" engaging in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of the applicant's "live bait catcher boat," the name of the captain of that "live bait catcher boat," the dealer's Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers shall not operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this section, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a "live bait dealer" license shall contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road or waters located within the three (3) coastal counties. Applications for "live bait dealers" license must be completed and submitted to the commission between the first day of January and the last day of April of each year. Any "live bait dealer" desiring to engage in the catching of live shrimp in one (1) location and then transporting them to the dealer's licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after that verification the commission shall issue a permit authorizing the transportation of live shrimp.
(3) Each recreational vessel that engages in fishing for live bait fish with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00); however, if the vessel has paid a license fee for engaging in recreational shrimping under Section 49-15-64.5, then no license fee is required for engaging in recreational fishing for live bait fish. The taking of live bait fish for recreational purposes under this subsection (3) of this section shall not be subject to regulation by the commission as to the opening or closing of any fishing seasons.
SECTION 2. Section 49-15-64.5, Mississippi Code of 1972, is amended as follows:
49-15-64.5. (1) (a) Each freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license and pay a license fee at the following rates:
(i) Fifty Dollars ($50.00) for resident boats or vessels under thirty (30) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels under thirty (30) feet in length in overall measurements;
(ii) Seventy-five Dollars ($75.00) for resident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements;
(iii) One Hundred Dollars ($100.00) for resident boats or vessels greater than forty-five (45) feet in length in overall measurements and Two Hundred Dollars ($200.00) for nonresident boats or vessels greater than forty-five (45) feet in length in overall measurements.
(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of saltwater shrimp using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.
(2) Each recreational vessel engaging in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00); however, if the vessel has paid a license fee for engaging in recreational fishing for live bait fish under Section 49-15-64.4, then no license fee is required for engaging in recreational shrimping. The taking of shrimp for recreational purposes under this subsection (2) of this section shall not be subject to regulation by the commission as to the opening or closing of any fishing seasons.
(3) Every freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing, drying or as bait shall register the name of the captain of the vessel at the time that the vessel obtains the annual privilege license provided for in this section. The individual registered as the captain of the vessel may be substituted after notification to and the approval of the deputy director or the deputy director's designated representative. The captain shall purchase a license entitled "captain license." This license shall be purchased at the same time the vessel license is purchased. The fee for a captain license shall be a minimum of Ten Dollars ($10.00).
(4) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
SECTION 3. Section 49-15-96, Mississippi Code of 1972, is amended as follows:
49-15-96. (1) Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family).
(2) A vessel licensed to engage in recreational fishing for live bait fish under Section 49-15-64.4 or in recreational shrimping under Section 49-15-64.5 may keep, only for personal consumption or for use as live bait in recreational fishing, the following: (a) the types of fish described in subsection (1) of this section and any shrimp or live bait fish that are caught in the shrimp nets or trawls of the vessel, up to a cumulative maximum total weight of twenty-five (25) pounds per recreational trip; and (b) three (3) dozen blue crabs (portunidae family) per recreational trip.
(3) The exemptions for personal consumption and for use as live bait in recreational fishing do not apply to fish or crabs that are otherwise illegal to possess or catch.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
