Public Notices

Title 22 Part 08 - Definitions - Proposed Changes

The Mississippi Department of Marine Resources (MDMR) does hereby give public notice that on January 24, 2019 at a special session meeting of the Commission on Marine Resources, the Commission approved a Notice of Intent to update, modify and change below listed sections of Title 22 Part 8. Said Notice of Intent was filed with the Mississippi Secretary of State’s office on January 24, 2019. A complete copy of Title 22 Part 8 and the proposed changes are available at www.dmr.ms.gov. Public comments on the proposed regulation changes will be accepted through February 18, 2019. All comments should be mailed to the MDMR, Attn: Joe Jewell, 1141 Bayview Avenue, Biloxi, MS 39530 or emailed to: This email address is being protected from spambots. You need JavaScript enabled to view it. and delivered by 5:00 PM on February 18, 2019.

Complete description of proposed changes:

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 8 RULES AND REGULATIONS FOR OFFICIAL STANDARDS OF MEASURE AND DEFINITIONS FOR MARINE FISHERIES IN THE STATE OF MISSISSIPPI

Chapter 4 Definitions

 

116 ENTANGLEMENT –a method in which fish are primarily ensnared or entangled by the gills or other boney projections through interaction with gear.

 

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.

 

116 118 EXECUTIVE DIRECTOR - shall mean the Executive Director of MDMR.

 

117 119 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:

117.01  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

117.02 119.02 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.

 

118 120 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.

 

119121 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.

 

120122 GIG – shall be defined as any hand held shaft with one or more points which may or may not be barbed.

 

121123 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.

 

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.

 

122 125 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.

 

123 126 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.

 

124 127 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.

 

125 128 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.

 

126 129 LANDED – When seafood is first brought to a point of land after being harvested and is no longer transported by boat or vessel.

 

127 130 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.

 

128 131 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.

 

128 132 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.

 

129 133 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"

 

130 134 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.

 

131 135 PLACARD - Marking or identification permanently attached to nets or fishing devices that verifies that they meet specified requirements such as an approved degradable material.

 

132 136 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.

 

133 137 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.

 

134 138 PUSH TRAWL - shall mean a trawl that is spread by poles suspended in a "V" configuration from the bow of the trawler.

 

135 139 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.

 

136 140 REPACKER –RP—Aperson 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.

 

137 141 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.

 

138 142 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.

 

139 143 ROE MULLET SEASON - shall be defined as occurring on and between October 15 through December 15 of each year. 

 

140 144 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.

 

141 145 SANITARY SURVEY – The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing area water quality.

 

142 146 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.

 

143 147 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.

 

144 148 SHELLFISH - All edible species of oysters, clams, mussels, or scallops; either shucked or in the shell; fresh or frozen; whole or in part.

 

145 149 SHELLSTOCK - Shellfish in the shell.

 

146 150 SHELL STOCK SHIPPER –SS – Aperson 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.

 

147 151 SHUCKER‑PACKER –SP – Aperson 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.

 

148 152 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.

 

149 153 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.

 

150 154 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.

 

151 155 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.

 

152 156 WING NET - (Butterfly trawl) shall mean a trawl with a rigid frame holding open the trawl mouth rather than using trawl doors.

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