Mississippi Administrative Code

MARINAS shall mean facilities which provide services and wharfage to three (3) or more recreational or commercial vessels. Notes 22 Miss. Code. R. 10-03-110

ACCESS AREAS include but are not limited to ports, harbors, boat launching ramps, seafood and ice dealers, bait camps, yacht clubs, vessel repair and construction yards, and private mooring facilities including boat slips, or any other facilities offering services or wharfage to …

PROPER DISPOSAL FACILITIES shall mean facilities capable of holding without overflow, a quantity of garbage equal to that calculated in accordance with the worksheets contained in the Annex V regulations promulgated by the U.S. Coast Guard. Notes 22 Miss. Code. R. 10-03-113

CLOSED CONTAINER shall mean any sealed and properly labeled receptacle. The size and volume of the container shall be determined by the length and purpose of the cruise/voyage, the number of passengers and crew on board, and the amount of trash or garbage to be generated. Closed …

It shall be unlawful for any person or vessel to discharge any type of plastics, including synthetic ropes, fishing nets, garbage bags, and other garbage including paper products, glass, metal, dunnage, lining and packing materials into the marine waters of this state. Notes 22 M…

It shall be unlawful for any person or vessel to discharge any hazardous substances into the marine waters of the State of Mississippi. Notes 22 Miss. Code. R. 10-04-101

It shall be required that all marinas have proper disposal facilities on site for all vessel wastes, including, but not limited to: garbage, dishwater, graywater, including drainage of toilets, marine sanitation devices (MSD's), urinals, hospitals and cargo space, harmful substan…

All vessels shall have on board a clearly marked closed container for the proper disposal of waste, trash and other garbage. Signage shall be posted on board notifying passengers and crew that it is unlawful to dispose of waste, trash and other garbage into the marine waters of t…

All hazardous substances shall be kept in closed containers wherever present on a vessel in the marine waters of this state. The containers shall be sufficient to prevent the substances from escaping in the event the container is released into marine waters. Closed containers sha…

The regulations contained herein pertaining to the release of substances covered in Chapter 4 and Chapter 6 of this Part shall not apply during the following emergencies, accidents or releases due to an act of nature: Notes 22 Miss. Code. R. 10-07-100

Any person, or vessel convicted of violating the Marine Litter Act of 1989, Miss. Code Ann. § 51-2-1, et seq., as amended, or any provision of this Ordinance shall be guilty of a misdemeanor and upon a first conviction shall be punished by a fine not to exceed Five Hundred Dollar…

Any person or vessel convicted of a second or subsequent violation of the Marine Litter Act of 1989, as amended, or of any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00),…

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 10 shall remain in full force and effect. Notes 22 Miss. Code. R. 10-09-100

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. 10-09-101

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 10.003 has been modified and the M…

The MCMR is required by law to seize certain equipment or nets during the course of enforcing the provisions of § 49-15-1, et seq., of the Mississippi Code Ann. of 1972, as amended. Notes 22 Miss. Code. R. 11-02-100

The MCMR is required in § 49-15-15(1) (k), as amended, to provide for the disposition of this equipment if the sale thereof is not directed by the justice court as provided in § 49-15-65 of the Mississippi Code Ann. of 1972, as amended. Notes 22 Miss. Code. R. 11-02-101

Prior to the sale of any equipment or nets seized pursuant to § 49-15-1, et seq. of the Mississippi Code Ann. of 1972, as amended, the MCMR shall review each item and determine which shall be sold and which shall be destroyed. Notes 22 Miss. Code. R. 11-03-100

All equipment or nets seized by the law enforcement officers of the MCMR pursuant to § 49-15-1et seq. of the Mississippi Code Ann. of 1972, as amended, to be sold, shall be sold at public auction for cash to the highest and best bidder. Each public auction held by the MCMR shall …

The advertisements providing notice of said public auction shall contain a description of the property to be sold and a statement of the time and place of the sale. The name of the owner of said property shall be included at the discretion of the agency. Notes 22 Miss. Code. R. 1…

At the discretion of the agency, the equipment or nets to be sold may be viewed by the public prior to the auction, whereupon notice of same shall be included in the advertisements of public auction. Notes 22 Miss. Code. R. 11-03-103

Sales of equipment or nets seized shall be held each year, forty-five days, more or less, following the opening of shrimp season, as provided in § 49-15-15 of the Mississippi Code Ann. of 1972, as amended. Additional sales may be scheduled at the discretion of the MCMR. Proceeds …

Equipment or nets shall be destroyed only after approval has been obtained from the MCMR and the MCMR has been notified of the reasons for the destruction of said equipment or nets and the manner in which said equipment or nets are to be destroyed. Notes 22 Miss. Code. R. 11-03-1…

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor and upon conviction, said person shall be punished in accordance with Miss. Code Ann. § 49-15-63, as amende…

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 11 shall remain in full force and effect. Notes 22 Miss. Code. R. 11-05-100

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such. Notes 22 Miss. Code. R. 11-05-101

Pursuant to the amendments to the Administrative Procedures Act, § 25-43-1.101, et seq., of the Mississippi Code Ann. of 1972, as amended, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 11.001 has been modified and the M…

This Part establishes regulations of vessel seafood transport. Notes 22 Miss. Code. R. 12-1.1 MISS. CODE ANN. §§ 49-15-28, 49-15-34. Amended 10/25/2021

A transport permit is required for each vessel desiring to land seafood in the state, which is legally taken outside of the Mississippi territorial waters without obtaining a license under MISS. CODE ANN. § 49-15-1 et seq. Notes 22 Miss. Code. R. 12-2.1 Amended 10/25/2021

A transport permit fee of one hundred dollars ($100.00) shall be paid upon issuance of said transport permit. Notes 22 Miss. Code. R. 12-2.2 MISS. CODE ANN. §§ 49-15-28, 49-15-34. Amended 10/25/2021

Any unlawful act under this Part committed by any person, firm, or corporation shall be deemed a violation of the provisions of this Part and shall constitute a misdemeanor. In the case of continuing violations, each day shall constitute a separate offense. Notes 22 Miss. Code. R…

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 12 shall remain in full force and effect. Notes 22 Miss. Code. R. 12-4.1 Amended 10…

Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate and punished as such. Notes 22 Miss. Code. R. 12-4.2 MISS. CODE ANN. § 49-15-301. Amended 10/25/2021

The following requirements shall apply to all types of aquaculture activities in the marine waters of the State of Mississippi. A. Aquaculture operations must not discharge any waste materials into the surrounding waters. For purposes of this section, waste materials include soli…

Net-pen or other containment systems for culturing finfish, crustaceans or other non-molluscan marine organisms shall be located in waters of sufficient depth. A minimum clearance of ten (10) feet below the bottom of the net-pen system shall be maintained at all times. The distan…

Net-pen aquaculture operations shall not be located within two (2) miles of the shoreline. Notes 22 Miss. Code. R. 13-4.2 Miss. Code Ann. §§ 49-15-15, 49-27-1 Adopted 8/22/2021

Variations to the requirements in this Chapter are allowed for cultivation of filterfeeder species without commercial feeds, with approval by the MCMR. Notes 22 Miss. Code. R. 13-4.3 Miss. Code Ann. §§ 49-15-15, 49-27-1 Adopted 8/22/2021

All purchases of live fish, regardless of life stage, must be accompanied by a USDA accredited veterinarian signed "Certificate of Veterinary Inspection" attesting to the good health of the species. Notes 22 Miss. Code. R. 13-4.4 Miss. Code Ann. §§ 49-15-15, 49-27-1, 79-22-1 Adop…

The aquaculture operation must maintain records and provide a monthly report of the following: A. A daily record of the number of incidental deaths of vertebrate coastal wildlife that occur within the leased area. Additionally, the aquaculture operation must notify the MDMR immed…

The MDMR will maintain the following records provided by the permittee while the aquaculture operation continues: A. Construction and remodeling plans for any permitted aquaculture facility; B. Aquaculture operational plans; and C. Aquaculture permits. Notes 22 Miss. Code. R. 13-…

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 …