Mississippi Administrative Code

When molluscan shellfish have been landed and have moved into or through the handling, processing and/or marketing system and have been determined by the DMR as subjected to contamination that threatens imminent peril to public health, such oysters shall be recalled. The recalled…

Depuration of shellstock is permitted as described in the current NSSP Model Ordinance guidelines. Notes 22 Miss. Code. R. 17-17-100

Post Harvest Processing is permitted as described in the current NSSP Model Ordinance guidelines. Notes 22 Miss. Code. R. 17-18-100

It shall be the duty and responsibility of each owner, manager, and operator of a certified molluscan shellfish plant to insure that all regulations pertaining thereto are strictly adhered to and that only safe, wholesome, unadulterated molluscan shellfish shall be offered for sa…

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 unless a p…

Violations of more than one section or subsection of this Part or part thereof shall be considered separate offenses and punished as such. Notes 22 Miss. Code. R. 17-20-101

Any molluscan shellfish in violation of any section of this Part shall be subject to confiscation and disposal of such molluscan shellfish by direction of any designated Marine Patrol Officer of the DMR. Notes 22 Miss. Code. R. 17-20-102

Each section and subsection of this Part is hereby declared separable, and if any section or subsection or part thereof shall be held invalid or unconstitutional, the balance of said Title 22 Part 17 shall remain in full force and effect. Notes 22 Miss. Code. R. 17-21-100

Pursuant to the amendments to the Administrative Procedures Act, Section 25-43-101.1, et seq., of the Mississippi Code of 1972, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 17.001 has been modified and the commission a…

The Mississippi Department of Marine Resources (MDMR) is vested with the jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood. Notes 22 Miss. Code. R. 18-02-2.1 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-303, 49-15-304, 49-15…

The MDMR is authorized to prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resources studies. Notes 22 Miss. Code. R. 18-02-2.2 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49…

The MDMR is authorized to promulgate rules and regulations governing the taking of oysters and shrimp by nonprofit organizations and shall issue such regulations to all organizations upon request and the issuance of the special permit. Notes 22 Miss. Code. R. 18-02-2.3 MISS. CODE…

The MDMR is authorized to issue permits to obtain estuarine and marine brood stock. Notes 22 Miss. Code. R. 18-02-2.4 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and 79-22-15. Adopted 7/29/2022

Each application received will be reviewed based on individual project merit. After review by personnel of the MDMR, a recommendation will be made to the Executive Director of the MDMR or his designee as to the validity of the permit request and if it has sufficient merit for iss…

The Non-Profit Organization Harvesters Permit must be signed by both the Executive Director of the MDMR and the permittee. Notes 22 Miss. Code. R. 18-03-3.10 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307. Adopted 7/29/2022

Violation of any of these conditions will render the Special Permit null and void and subject the violator to penalty provisions identified in Chapter 9 below. Notes 22 Miss. Code. R. 18-03-3.11 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-1…

The Executive Director of the MDMR or his designee reserves the right to cancel for cause at any time an existing Special Permit. Notes 22 Miss. Code. R. 18-03-3.2 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307. Adopted 7/29/2022

The original permit or a copy of the original permit must be in the possession of one of the permittees when taking or possessing samples under the conditions of the permit. Permits are not transferable but may be issued in more than one person's name. Notes 22 Miss. Code. R. 18-…

The MDMR reserves the right at any time to send an observer aboard any vessel to monitor collection or harvesting activities. Notes 22 Miss. Code. R. 18-03-3.4 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307. Adopted 7/29/2022

The taking of threatened, endangered, or otherwise prohibited species is strictly prohibited, unless proper authority is received from the controlling regulating federal/state agency. A copy of said authority must be submitted to the MDMR along with the initial application of the…

No other commercial or recreational harvesting and/or collecting can take place during the harvesting or collecting activity being conducted under the issuance of any Special Permits, unless otherwise authorized by the Executive Director. Notes 22 Miss. Code. R. 18-03-3.6 MISS. C…

All MDMR Special Permits are valid only in the marine waters and state managed areas under the territorial jurisdiction of the MDMR. These waters include all waters south of Interstate 10 in Hancock, Harrison and Jackson Counties and extend to approximately three miles south of t…

The MDMR Marine Patrol Office (228) 523-4134 must be notified the morning of sampling in advance of the start of any research activity. Notes 22 Miss. Code. R. 18-03-3.8 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-64, 49-15-303, 49-15-304, 49-15-307. Adopted 7/29/2022

All Special Permits will expire December 31 of the year of issuance, unless otherwise noted. The Executive Director or his designee may set time limits or restrict the duration of harvest activities as deemed necessary. Notes 22 Miss. Code. R. 18-03-3.9 MISS. CODE ANN. §§ 49-15-1…

For the purpose of this permit, scientific research is defined as any research, monitoring, restoration, or collection activity having potential direct or indirect impact to state-managed natural resources. When making the initial request in writing for an MDMR Scientific Researc…

A complete written report of all collection activities must be submitted on a form provided by the MDMR within 30 days of the expiration date of the permit. Notes 22 Miss. Code. R. 18-04-4.2 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-30…

None of the samples collected under the authority of an MDMR Scientific Research Permit are to be sold, bartered, traded or consumed. Only applicants who can demonstrate a specific need for retaining samples as an integral part of the project will be authorized to retain samples.…

If the non-profit organization is requesting to harvest shrimp prior to the official opening of the season or if the non-profit organization is requesting to harvest oysters outside the open season or in areas not normally open to harvest, the initial request must be submitted in…

Applicants must be tax-exempt organizations under Section 501 (c) of the United States Internal Revenue Code and have on file with the State Tax Commission a tax-exempt letter issued by the United States Internal Revenue Service. Each application received will be reviewed by Offi…

The Shrimp Permit will only be issued to non-profit organizations that conduct functions prior to the official opening of shrimp season. The Oyster Permit will only be issued to non-profit organizations demonstrating a need to harvest oysters outside the open season or in areas c…

Trawling and oyster harvesting is limited to the hours beginning thirty (30) minutes before legal sunrise and ending thirty (30) minutes after legal sunset on the date that harvest is permitted. In the event of inclement weather an alternate date must be included on the applicati…

The total catch of shrimp will be limited to that deemed necessary by the MDMR and the applicant, but will not exceed a maximum of 500 pounds. Any by-catch must be returned to the water immediately. The Executive Director will determine the total number of oysters the permittee w…

A complete written report of all harvest activities must be submitted on a form provided by the MDMR within 30 days of the expiration date of the permit. Notes 22 Miss. Code. R. 18-05-5.6 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, and 49-1530…

When making the initial request in writing for a Marine Brood Stock Collection Permit the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of all person(s) that will be …

A complete written report of all collection activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit. Notes 22 Miss. Code. R. 18-06-6.2 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-…

None of the finfish or shellfish collected under the authority of a Marine Brood Stock Collection Permit are to be sold, bartered, traded or consumed. Notes 22 Miss. Code. R. 18-06-6.3 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-64, 49-15-303, 49-15-304, 49-15-307, and…

When making the initial request in writing for an Experimental Gear/Underutilized Species Permit the applicant must include the following information on a form provided by the MDMR: A. Name, address, email address and daytime phone number of applicant B. Names of all person(s) th…

A complete written report of all harvest activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit to include but not limited to: A. Number of trips B. Duration of trips C. Number and/or pound…

Only the target species harvested under the authority of a Marine Experimental Gear/Underutilized Species Permit are allowed to be sold, bartered, traded or consumed. All other species of marine organisms must be returned immediately to the marine waters under the territorial jur…

The Executive Director of the MDMR or his designee will determine the types of commercial licenses that must be obtained for harvesting seafood under the Marine Experimental Gear/Underutilized Species Permit. Notes 22 Miss. Code. R. 18-07-7.4 MISS. CODE ANN. §§ 49-15-11, 49-15-15…

If any agency, institution, organization, or corporation requests to transport for the purposes of rehabilitation, research or education any live or dead specimen(s) of marine species for which harvest or possession is otherwise prohibited, the initial request must be submitted i…

A complete written report of all transport activities must be submitted on a form provided by the MDMR Office of Marine Fisheries within 30 days following the expiration date of the permit. Notes 22 Miss. Code. R. 18-08-8.2 MISS. CODE ANN. §§ 49-15-11, 49-15-15, 49-15-36, 49-15-6…

Violations under this part will be charged in accordance with the provisions of Miss. Code Ann. § 49-15-1 et seq. Each day of a continuing violation constitutes a separate violation. Violations of more than one chapter or subchapter of this part or part thereof will be considered…

Each chapter and subchapter of this Part is hereby declared separable, and if any chapter or subchapter or part thereof is held invalid or unconstitutional, the balance of said Title 22 Part 18 will remain in full force and effect. Notes 22 Miss. Code. R. 18-10-10.1 MISS. CODE AN…

This Part establishes regulations for public use of state-owned Coastal Preserve Areas (CPAs) Notes 22 Miss. Code. R. 19-01-1.1 MISS. CODE ANN. § 49-27-1 et seq. Adopted 1/20/2022

The mission of the Coastal Preserves Program is to effectively preserve, conserve, restore, and manage Mississippi's coastal ecosystems to perpetuate their natural characteristics, features, ecological integrity, social, economic and aesthetic values for future benefit. Notes 22 …

The Coastal Preserves Program is charged with managing and maintaining its properties to the fullest extent possible in their natural state, except for the public purposes of hunting, fishing, and public outdoor recreational purposes consistent with preservation of the properties…