Bill Text: MS SB2600 | 2016 | Regular Session | Engrossed
Bill Title: Commission on Marine Resources; remove requirement that waters of oyster reefs be tested within a certain period of time.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-04 - Approved by Governor [SB2600 Detail]
Download: Mississippi-2016-SB2600-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Ports and Marine Resources
By: Senator(s) Gollott, Jackson (11th)
Senate Bill 2600
(As Passed the Senate)
AN ACT TO AMEND SECTION 49-15-36, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT WATERS OF OYSTER REEFS BE TESTED WITHIN A CERTAIN PERIOD OF TIME AFTER A CLOSURE BY THE COMMISSION ON MARINE RESOURCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-36, Mississippi Code of 1972, is amended as follows:
49-15-36. (1) The commission shall have full jurisdiction and control of all public and natural oyster reefs and oyster bottoms of the State of Mississippi. The commission may delegate this authority to the executive director of the department.
(2) Public reefs may be opened for harvest of oysters during the season on a rotating basis. If the commission determines that a particular reef has been over-harvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the commission may close designated reef areas and keep them closed during the season.
(3) The commission shall
promulgate regulations regarding the closing of oyster reefs to protect the
public health. * * * When that testing indicates the
oysters on the closed reef are suitable for consumption, the reef shall be
opened for the taking of oysters as soon as notice of that opening may be made
to interested parties. The authority to open or close oyster reefs under this
chapter shall be solely within the discretion of the commission, acting through
the department. The Gulf Coast Research Laboratory or other certified
laboratory shall cooperate with the department and shall conduct necessary
tests to determine the condition of oyster reefs at the request of the
department. The department may limit the sale of oysters for human
consumption, but all matters concerning the harvesting of oysters shall be
within the jurisdiction of the commission.
(4) (a) The commission may issue special permits for the purpose of catching oysters outside the open season or in areas not normally open to harvest 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.
(b) The commission shall promulgate rules and regulations governing the taking of oysters by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
(5) The commission shall establish a reasonable period of time for depuration of oysters replanted from restricted waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
