Mississippi Administrative Code

A. All off-bottom molluscan shellfish aquaculture harvesters must adhere to the rules outlined in the lease contract, lease permit, this Part, and the most current version of the NSSP Model Ordinance. B. All off-bottom molluscan shellfish aquaculture harvesters must have a trip t…

A. When molluscan shellfish are transferred from a harvester to a dealer or from a dealer's mobile unit to another dealer's mobile unit, the transfer of tagged molluscan shellfish must take place across transfer facilities or locations that are periodically monitored by MDMR for …

All molluscan shellfish shipped within, into or out of the State of Mississippi by a certified dealer must be tagged and legibly labeled in accordance with the most current version of the NSSP Model Ordinance. Notes 22 Miss. Code. R. 1-05-5.1 MISS. CODE ANN. §§ 49-15-42, 49-15-46…

Bulk tagging of shellstock is permitted in accordance with the most current version of the NSSP Model Ordinance. Notes 22 Miss. Code. R. 1-05-5.2 MISS. CODE ANN. § 49-15-42; NSSP Model Ordinance §§ II-VII, II-X Adopted 8/22/2021 Amended 7/24/2023 Amended 7/19/2024

All molluscan shellfish harvested for personal consumption by a commercial or recreational harvester must be red tagged and accompanied by a trip ticket indicating all harvest information. Notes 22 Miss. Code. R. 1-05-5.3 MISS. CODE ANN. § 49-15-46; NSSP Model Ordinance § II-VII …

A. All containers or packages enclosing fresh shucked or frozen raw shucked molluscan shellfish and shucked molluscan shellfish products shipped within, into or out of the State of Mississippi must originate from a certified dealer and must be conspicuously, indelibly, and legibl…

A. All on-bottom and off-bottom molluscan shellfish reef lessees must adhere to the labeling and tagging rules and regulations outlined in the Lease Agreement for Oyster Production, or Molluscan Shellfish Commercial On-Bottom Lease Permit, and the most current version of the NSSP…

A. Dealers receiving shellstock from a harvester must only accept shellstock that is accompanied by documentation from the harvester confirming that the shellstock was harvested in accordance with the most current time and temperature chart developed by the MDMR. B. Molluscan she…

A. Certified dealers and processors must keep accurate records showing the names, addresses, and certification numbers of all persons from whom lots of molluscan shellfish are received, the source of each lot (growing area), the names and addresses of persons to whom lots are sol…

A. It is unlawful for any person, firm or corporation within the state of Mississippi to produce, harvest, provide, purchase, sell, offer, possess, expose for sale, or have in possession with intent to sell, any raw shellfish and shellfish products which are adulterated, misbrand…

A. When molluscan shellfish have been landed and moved into or through the handling, processing and/or marketing system and have been determined by the MDMR Authority as subjected to contamination that threatens public health, the molluscan shellfish will be recalled. B. The reca…

A. Transported shellstock must be legally harvested from the originating State and legally transported in accordance with the most current version of the NSSP Model Ordinance. B. Licensed harvesters may transport their own daily harvested shellstock intrastate, unrefrigerated, wi…

A. Interstate shipping of molluscan shellfish must only be through a licensed and certified seafood dealer and/or processor. B. Only a Mississippi Certified Dealer is permitted to ship molluscan shellfish, harvested from Mississippi waters, or landed in the state, into interstate…

A. Must comply with all permits and regulations governing molluscan shellfish including the most current version of the NSSP Model Ordinance. Harvested molluscan shellfish, whether from aquaculture farms, leases, or facilities, must be landed and tagged according to this Part. B.…

A. Any cultch materials used for molluscan shellfish aquaculture must be approved by the MDMR before use. All material must be Approved Cultch Material as defined in Chapter 02 of this Part. 1. Approval is based, in part, on the environmental suitability of the material. 2. Cultc…

A. Aquaculture harvesters are permitted to grow aquaculture seed in marinas and other prohibited or unclassified growing waters.1. Harvesters must obtain a permit for this activity from the MDMR Shellfish Bureau. 2. Harvesters must adhere to the rules and regulations outlined in …

A. It is unlawful for any person, firm, or corporation to engage in handling, shucking, packaging, repackaging, or shipping molluscan shellfish without a license and certification from the MDMR Authority. B. The license and certification must be renewed annually. C. This rule doe…

All certified molluscan shellfish seafood facilities must follow the provisions described in the most current version of the NSSP Model Ordinance. Notes 22 Miss. Code. R. 1-09-9.2 MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance § II-I, II-VI, II-VII, III-I…

Any person, firm, or corporation intending to alter an existing or construct a new molluscan shellfish handling, transporting, and/or processing facility must acquire a Mississippi Certified Shellfish Sanitation or Processing Plant license and certification from the MDMR Authorit…

Post-Harvest Processing of molluscan shellfish is permitted as described in the most current version of the NSSP Model Ordinance. Notes 22 Miss. Code. R. 1-09-9.4 MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-I, II-VI, II-VII, III-I, III-XVI, IV-II…

A. The MDMR will issue certifications and conduct routine inspections of molluscan shellfish facilities in accordance with the most current version of the NSSP Model Ordinance. B. The MDMR will issue to certified dealers, itemized statements of compliances and non-compliances. C.…

It is the duty and responsibility of each owner, manager, and operator of a certified molluscan shellfish facility: A. To ensure that all regulations are strictly adhered to and that only safe, wholesome, unadulterated molluscan shellfish are offered for sale to the consuming pub…

A. License and certification held by any person, firm or corporation will be suspended or revoked by the MDMR Authority:1. If there is reason to believe that a public health hazard exists. 2. If the holder violates any of the requirements of this regulation. 3. If the holder inte…

A. Appropriate poles, stakes, or buoys, constructed of such material as will not be injurious to watercraft, must mark all leases at the expense of the leaseholder. B. Each leaseholder must mark corners of each lease with an appropriate marker and must maintain all markers. If th…

A. All off-bottom molluscan shellfish aquaculture harvesters must adhere to the rules and regulations outlined in the applicable Public Trust Tidelands Sublease, Commercial Aquaculture Permit, this Part, and the most current version of the NSSP Model Ordinance. B. Each off -botto…

A. Lease Application 1. Any person wanting to lease bottoms must complete an on-bottom shellfish lease application in writing and submit it to the MDMR Authority. 2. Applications will be available at the MDMR office and on it's website. 3. An application fee of $50 must be render…

Depuration of shellstock is permitted as described in the most current version of the NSSP Model Ordinance. Notes 22 Miss. Code. R. 1-11-11.1 MISS. CODE ANN. §§ 49-15-15, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II- XV, III-XV Adopted 8/22/2021 Amended 7/24/2023 Amended 7/19…

It is unlawful for any person, firm, or corporation to place or cause to be placed any material or gear used in the catching or taking of saltwater fish, shrimp, crabs or shellfish, with the exception of crab traps or pots, or hook and line fishing or cast nets on any public reef…

A. Relaying Application1. All persons, firms, or corporations other than the MDMR wanting to relay molluscan shellfish in the State of Mississippi must complete and submit an application for a relaying permit to the MDMR. Applications are available from the MDMR. 2. All applicant…

A. The Permittee is not permitted to harvest relayed shellfish without prior written permission from the MDMR Authority. The Permittee must complete and submit a request to harvest relayed shellstock and receive written permission from the MDMR Authority. B. Harvesting of shellst…

A. There must be a sufficient time interval to allow natural biological cleansing of the shellfish between the time the permittee is permitted to take the shellfish from the restricted area(s), and the time they are then allowed to harvest these shellfish or any other shellfish f…

A. All relayed shellfish must be protected from contamination sources such as, but not limited to, boat fuel, oil, bilge, dogs, cats, birds, and other animals, and from sunlight for extended periods of time. B. All portions of boats and other equipment coming in contact with shel…

A. The MDMR Shellfish Bureau and each permittee must maintain adequate relaying records. B. Each record must note the quantity and type of shellfish relayed, dates of relaying, specific areas shellfish are relayed from and to, and any other required information. C. Specific harve…

Marine litter has become an ever-growing concern in the Gulf of Mexico, averaging in volume over one (1) ton per mile of shoreline. Notes 22 Miss. Code. R. 10-02-100

Plastics which comprise 50-70% of all floating items sighted at sea and may require up to 450 years to completely decompose. Notes 22 Miss. Code. R. 10-02-101

Marine litter is known to cause the death of marine birds, fin-fish mammals and reptiles, some of which are presently in danger of extinction. Notes 22 Miss. Code. R. 10-02-102

Marine litter and debris pose an increasing menace to navigation, fouling propellers and water intake structures. Notes 22 Miss. Code. R. 10-02-103

Marine litter aesthetically blights our shorelines affecting tourism and requiring thousands of tax dollars to clean our beaches. Notes 22 Miss. Code. R. 10-02-104

The Marine Litter Act of 1989 prohibits the dumping of wastes, garbage and other debris from vessels, both recreational and commercial, within Mississippi State waters and empowers the Mississippi Department of Marine Resources (MDMR) marine officers to uphold and enforce the pro…

The Mississippi Commission on Marine Resources (MCMR) has been vested with the authority to promulgate regulations to carry out this act, including adopting the provisions of ANNEX V of the Protocol of 1978 of the International Convention for the Prevention of Pollution by Ships.…

VESSEL shall mean any boat, barge, or other vehicle operating in the marine environment from the largest supertanker to the smallest recreational craft. Notes 22 Miss. Code. R. 10-03-100

DISCHARGE shall mean any release however caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. It does not include release of harmful substances directly arising from the authorized exploration, exploitation, and associated offsho…

GARBAGE shall means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically including dishwater and gray water. Notes 22 Miss. Code. R.…

DISHWATER shall mean the liquefied residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to them would not normally interfere with the operation of automatic dishwashers. Notes 22 Mis…

GRAYWATER shall mean drainage from dishwasher, shower, and laundry, bath, and washbasin drains and does not include drainage from toilets, urinals, hospitals, and drainage from cargo spaces. Notes 22 Miss. Code. R. 10-03-104

HARMFUL SUBSTANCE AND HAZARDOUS SUBSTANCE shall mean any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea. Hazardous substances shal…

PLASTIC shall mean any garbage that is solid material that contains as an essential ingredient one or more synthetic organic high polymers and is formed or shaped during either manufacture of the polymers or fabrication into a finished product by heat or pressure or both. Example…