Mississippi Administrative Code

Education, outreach, and special events including but not limited to competitive races, receptions, lectures, benefits, etc. may be authorized, by a Letter of Permission, if impacts are deemed negligible by CPA staff, purpose serves a higher public interest, and all other limitat…

MDMR retains the authority to revoke a Letter of Permission authorization at any time. Notes 22 Miss. Code. R. 19-10-10.4 MISS. CODE ANN. § 49-27-1 et seq. Adopted 1/20/2022

Letters of Permission shall be issued for a specific activity or group of activities on a specific day or group of days. If an event needs to be rescheduled, a modification to the Letter of Permission will be required. Notes 22 Miss. Code. R. 19-10-10.5 MISS. CODE ANN. § 49-27-1 …

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 Notes 22 Miss. Code. R. 19-11-11.1 MISS. CODE ANN. §§ 49-15-63 and 49-27-1 et seq. Adopted 1/20/2022…

Each chapter and subchapter of Title 22, Part 19 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 19 shall remain in full force and effect. Notes 22 Miss. Code. R. 19-12-12…

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. 19-12-12.2 MISS. CODE ANN. § 49-15-301. Adopted 1/20/2022

A. BIB OR TONGUE- An extension of the middle section of the upper part of the net with a triangular piece of webbing. The bib or tongue requires additional line(s), other than the lines attached to the trawl boards, which run from the bridle or boat to the bib or tongue. B. FOOTR…

Any person, licensed live bait dealers, licensed live bait shrimpers and licensed commercial shrimpers shall be allowed to take shrimp with cast nets or brille nets not exceeding twelve (12) feet (maximum radius or length) in the bays of Bay St. Louis, Biloxi and Pascagoula with …

Commercial and recreational shrimping in Mississippi territorial waters with any type of trawl shall be limited to those areas and seasons defined in Miss. Code Ann. § 49-15-64.1. Notes 22 Miss. Code. R. 2-03-3.2 Miss. Code Ann. §§ 49-15-15, 49-15-64.1, 49-15-303, 49-15-304, 49-1…

It shall be unlawful to use any trawl within one mile of the Gulf Islands National Seashore islands of Petit Bois, Horn and Ship islands. Notes 22 Miss. Code. R. 2-03-3.3 Miss. Code Ann. §§ 49-15-15, 49-15-64.1, 49-15-303, 49-15-304, 49-15-307, 36 CFR 1.2, 36 CFR 2.3, 40 Miss. Ad…

Except for a test or try trawl, it shall be unlawful for any boat or vessel to use more than two (2) trawls provided that when two (2) trawls are used such trawls shall not exceed a length of twenty-five (25) feet on the headrope and thirty-two (32) feet on the footrope for each …

It shall be unlawful for any person, firm, or corporation to use any single trawl for the catching or taking of shrimp in the waters under the territorial jurisdiction of the State of Mississippi north of the line described in Rule 4.1 of this Part with a measurement of more than…

It shall be unlawful for any person, firm or corporation to use skimmer trawls, wing nets (butterfly nets), Siamese trawls or any like contrivance which is in excess of twenty-five (25) feet on the headrope and thirty-two (32) feet on the footrope for each trawl when employed in …

It shall be unlawful for any person, firm or corporation to use any test or try trawl for the catching or taking of shrimp in the waters under the territorial jurisdiction of the State of Mississippi north of the line described in Rule 4.1 of this Part with a measurement of more …

It shall be unlawful for any person, firm or corporation to catch or take with a trawl, attempt to catch or take with a trawl, or to possess any shrimp taken with a trawl from the waters under the territorial jurisdiction of the State of Mississippi that are closed to shrimping b…

It shall be unlawful for any person, firm, or corporation to drag, or pull a trawl or try net under the water with the bag tied or untied in any area of the territorial waters of the State of Mississippi which are closed to shrimping. Notes 22 Miss. Code. R. 2-04-4.6 Miss. Code A…

It shall be unlawful for any person, firm, or corporation to drag, or pull double or multiple rigs under the water with the bags tied or untied in any area of the territorial waters of the State of Mississippi which are closed to the use of double rigs, or in waters which are clo…

For enforcement purposes, in determining the legal size of shrimp, three (3) pounds of shrimp with the heads on shall be taken at random from the deck of each boat or vessel. Said three (3) pounds of shrimp shall be counted and the number of shrimp shall be divided by three (3). …

Any person, firm, or corporation violating any of the provisions of this Part shall be guilty of a misdemeanor and upon conviction shall be penalized in accordance with§ 49-15-63 of the Mississippi Code Ann. of 1972, as amended. Violations of more than one chapter or subsection o…

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 02 shall remain in full force and effect. Notes 22 Miss. Code. R. 2-07-7.1 Miss. Co…

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. 2-07-7.2 Miss. Code Ann. §§ 49-15-15, 49-15-64.1, 49-15-303, 49-15-304 and 49-15-307 Amended 5/1/2022

Part 20 provides the procedures for conducting administrative hearings for violations of rules, regulations and statutes within the purview of the Commission on Marine Resources (CMR) and the Department of Marine Resources (DMR). Mississippi Code Section 49-15-401 (Miss. Leg. 200…

The provisions contained herein apply only to complaints filed on or after the effective date of Part 20. Notes 22 Miss. Code. R. 20-01-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Administrative record" means all documents and records timely filed with the CMR/DMR including pleadings, petitions, motions, and legal arguments in support thereof; all documents or records admitted into evidence or administratively noticed by the hearing officer; all official …

"Citation" means a charge against an individual commenced by a Marine Patrol Officer. Notes 22 Miss. Code. R. 20-02-101 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Complainant" means the CMR/DMR, acting through any of its employees that have been authorized to investigate, issue, and prosecute a complaint under Part 20. Notes 22 Miss. Code. R. 20-02-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Complaint" means a document issued by the DMR that seeks administrative civil penalties as an alternative to judicial civil penalties or prosecution of criminal offenses. "Complaint" does not include a citation issued by a Marine Patrol Officer charging an individual with misdem…

"Consent Order" means an order entered by the hearing officer/executive director in accordance with the settlement agreement of the parties. Notes 22 Miss. Code. R. 20-02-104 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Days" means calendar days. Notes 22 Miss. Code. R. 20-02-105 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Default" means the failure of any party to take the steps necessary and required by these regulations to further the hearing towards resolution, resulting in a finding by the hearing officer adverse to the respondent. Notes 22 Miss. Code. R. 20-02-106 Amended 11/17/2018 Amended …

"Discovery" refers to the process set forth in Chapter 14 allowing a party to request and obtain information relevant to the complaint proceedings. The scope of discovery is limited by the express terms of that chapter. Notes 22 Miss. Code. R. 20-02-107 Amended 11/17/2018 Amended…

"Executive Director" refers to the executive director of the Mississippi Department of Marine Resources or his designee. Notes 22 Miss. Code. R. 20-02-108 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Hearing Officer" refers to the individual or commissioner selected by the CMR to preside over the hearing on the complaint. Notes 22 Miss. Code. R. 20-02-109 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Informal settlement conference" refers to a meeting between the Executive Director and the respondent to discuss the complaint and the Executive Director's recommendation to the CMR regarding the imposition of an administrative penalty. Notes 22 Miss. Code. R. 20-02-110 Amended …

"Proceeding" means any hearing, determination or other activity before the hearing officer involving the parties to a complaint. Notes 22 Miss. Code. R. 20-02-111 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Respondent" means the alleged violator and any person, firm or corporation against whom a complaint has been filed. Notes 22 Miss. Code. R. 20-02-112 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

"Response/Request for Hearing" means a document, responsive to the complaint and signed by the respondent, in which respondent requests a hearing before a hearing officer and admits or denies the allegations of the complaint or asserts affirmative defenses to the action. Notes 22…

A party may appear in person or through a representative, who is not required to be an attorney at law. The right to representation is at the party's own expense. Following notification that a party is represented by a person other than him or herself, all further communications …

A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding. Persons who appear as representatives shall not engage in unethical conduct or intentionally fail to observe the procedures set forth in these rules and the…

A representative may withdraw an appearance by filing a written notice of withdrawal with the hearing officer and by serving a copy on all parties. Notes 22 Miss. Code. R. 20-03-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020

All actions required pursuant to these rules shall be completed within the times specified, unless extended by the hearing officer upon a showing of good cause. Requests for extensions of time for the filing of any pleading, letter, document, or other writing or completing any ot…

In computing the time within which a right may be exercised, or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included. If the last day falls on a Saturday, Sunday, or a state holiday; time sh…

Papers delivered to or received by the hearing officer during regular business hours (8 a.m. to 5 p.m.) will be filed on that date. Papers delivered or received at times other than regular business hours will be filed on the next regular business day. Notes 22 Miss. Code. R. 20-0…

Except as otherwise provided in Part 20, the original of every pleading, petition, letter, document, or other writing served in a proceeding under these rules shall be filed with the CMR and the Hearing Officer by submitting them to the Administrative Office of the DMR. Notes 22 …

The complaint and all accompanying information shall be served on the respondent by any method provided by the Mississippi Rules of Civil Procedure. No additional service is required for citation issued by a Marine Patrol Officer. Notes 22 Miss. Code. R. 20-05-101 Amended 11/17/2…

Unless otherwise required, service of any documents in the proceedings may be made by personal delivery; by United States first-class or interoffice mail, by overnight delivery, or by fax. Notes 22 Miss. Code. R. 20-05-102 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020…

Service and notice to a party who has appeared through a representative shall be made upon such representative. Notes 22 Miss. Code. R. 20-05-103 Amended 11/17/2018 Amended 4/19/2019 Amended 1/21/2020