MISSISSIPPI DEPARTMENT OF MARINE RESOURCES

The MDMR will inspect commercial land-based and float aquaculture systems at least every six months. Notes 22 Miss. Code. R. 13-5.3 Miss. Code Ann. §§ 49-15-15, 49-27-1, 79-22-1 Adopted 8/22/2021

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 Re…

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 b…

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). Notes 22 Miss. Code. R. 15-03-100

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 reconside…

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 …

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 …

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, person…

The Commission is not authorized to issue subpoenas. Parties to an evidentiary hearing are responsible for assuring the attendance of their witnesses. Notes 22 Miss. Code. R. 15-04-102

The Commission shall not be bound by the strict rules of evidence, but shall base all its determinations on sufficient evidence. Notes 22 Miss. Code. R. 15-04-105

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. Notes 22 Miss. Code. R. 15-04-107

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 …

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 t…

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 b…

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. Notes 22 Mis…

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…

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 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 arbitra…

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. Notes 22 Miss. Code. R. 15-05-110…

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 subj…

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 jurisdict…

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. Notes 22 Miss. Code. R. 15-06-100

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such. Notes 22 Miss. Code. R. 15-06-101

This part establishes rules and regulations for the safe use and operation of vessels on the marine waters of the State of Mississippi. Notes 22 Miss. Code. R. 16-1.1 MISS. CODE ANN. §§ 59-21-117, 59-21-119, 59-21-121, 59-21-127 and 59-21-151. Amended 10/25/2021

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 consti…

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. Notes 22 Miss. Code. R. 16-11.1 Miss. Code …

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…

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 wh…

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 t…

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 (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 establis…

This same procedure may be used by any citizen to request the removal or modification of an existing no wake zone. Notes 22 Miss. Code. R. 16-5.2 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 59-21-15. Amended 10/25/2021…

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 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 …

A permit is required by any person, organization or group sponsoring a regatta, motorboat or other race, marine parade, exhibition, firework displays etc. Notes 22 Miss. Code. R. 16-8.1 Amended 10/25/2021

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 requ…

Applicant must submit a copy of any entry requirements as well as any special rules pertaining to equipment, rigs or procedures. Notes 22 Miss. Code. R. 16-8.3 Amended 10/25/2021

Applicant must attach a section of a chart or a scale drawing showing the boundaries and/or course and markers contemplated. Notes 22 Miss. Code. R. 16-8.4 Amended 10/25/2021

Applicant is responsible for providing adequate protection from marine traffic interference and hazards. Notes 22 Miss. Code. R. 16-8.5 Amended 10/25/2021

Applications must be received by the MDMR no less than thirty (30) days prior to the date of the event. Notes 22 Miss. Code. R. 16-8.6 Amended 10/25/2021

The Executive Director of the MDMR is hereby granted the authority to issue permits for marine events. Notes 22 Miss. Code. R. 16-8.7 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. Amended 10/25/2021

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. Notes 22 Miss. Code. R. 16-9.1 MISS. CODE ANN. §§ 59-21-83, 59-21-87, 59-21-117, 59-21-119, 59…

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 Commission is required by Miss. Code Ann. § 49-15-15(1) (c) to regulate all seafood sanitation and processing programs. Notes 22 Miss. Code. R. 17-02-101

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). Notes 22 Miss. Code. R. 17-02-102

Miss. Code Ann. § 49-15-28, addresses seafood wholesale licensing. Notes 22 Miss. Code. R. 17-02-103

Miss. Code Ann. § 49-15-29, authorizes the Commission to assess and collect certain taxes and license fees. Notes 22 Miss. Code. R. 17-02-104