Bill Text: MS SB2311 | 2016 | Regular Session | Introduced
Bill Title: Commercial taking of redfish; revise the prohibition on.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2311 Detail]
Download: Mississippi-2016-SB2311-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Ports and Marine Resources
By: Senator(s) Wiggins
Senate Bill 2311
AN ACT TO AMEND SECTION 49-15-71, MISSISSIPPI CODE OF 1972, TO REVISE THE PROHIBITION ON THE COMMERCIAL TAKING OF REDFISH AND THE PENALTIES THEREFOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-71, Mississippi Code of 1972, is amended as follows:
49-15-71. (1) It is
unlawful for any boat or vessel carrying or using a purse seine to have more
than forty-five (45) redfish on board * * * the boat or vessel * * * any boat or vessel
using a purse seine must be equipped with a working large fish excluder or
similar working equipment designed to lessen the accidental taking of redfish.
(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.
(3) * * * A vessel owner who violates
the provisions of this section * * * shall
be subject to a civil penalty in the amount of One Hundred Dollars
($100.00) for each redfish possessed in violation of this section. All nets
used in violating this section * * * may be declared contraband
and * * * may
be subject to seizure and forfeiture. If the person in possession of or using
the nets in the violation is not the owner or licensee of the nets, the
department shall notify the owner or licensee of the nets. The nets * * * may be subject to forfeiture
unless the nets were stolen and prosecution for the theft is initiated. It
shall be the duty of the court to order the forfeiture of any nets used in
violating the provisions of this section. The fine imposed upon a person
convicted under this section shall not be suspended or reduced. The master and
owner of any vessel upon which redfish is possessed in violation of this
section shall be jointly and severally liable for the penalty imposed herein.
(4) For the purposes of this section, the term "redfish" means red drum or sciaenops ocellatus.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
