Mississippi Administrative Code

MISBRANDED - Shucked shellfish shall be deemed to be misbranded if its labeling is false or misleading in any way, or if it does not bear a label containing (1) the name and place of business of the processor or packer (2) an accurate statement of the quantity of the contents in …

MULLET FISHING - shall be defined as a fishing activity where the sole purpose is to catch mullet (Mugil sp.). It shall be unlawful for any person, firm, or corporation, while engaged in any mullet fishing activity or "set" to catch in excess often percent (10%) by weight of spec…

PLACARD - Marking or identification permanently attached to nets or fishing devices that verifies that they meet specified requirements such as an approved degradable material. Notes 22 Miss. Code. R. 8-04-135 Amended 3/22/2019

PROHIBITED AREA - Waters that are prohibited for the harvest of shellfish for any purpose except depletion. A prohibited shellfish growing area is a closed area for the harvesting of shellfish at all times. Notes 22 Miss. Code. R. 8-04-136 Amended 3/22/2019

PURSE SEINE - shall be defined as any net or device commonly known as a purse seine and/or ring net that can be pursed or closed by means of a drawstring or other device that can be drawn to close the bottom of the net, or the top of the net, or both. Such nets are constructed of…

PUSH TRAWL - shall mean a trawl that is spread by poles suspended in a "V" configuration from the bow of the trawler. Notes 22 Miss. Code. R. 8-04-138 Amended 3/22/2019

RECREATIONAL FISHERMAN - shall be defined as those individuals taking and/or catching seafood for recreational or personal consumption, and who does not sell, trade, barter or otherwise exchange or offer to exchange any part of his catch for monetary or personal gain. Notes 22 Mi…

REPACKER -RP- A person other than the original certified shucker-packer who repacks shucked shellfish into other containers. A repacker may also repack and ship shell stock. A repacker shall not shuck shellfish. Notes 22 Miss. Code. R. 8-04-140 Amended 3/22/2019

RESHIPPER -RS- A person who purchases shucked shellfish or shellstock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers. Notes 22 Miss. Code. R. 8-04-141 Amended 3/22/2019

RESTRICTED AREA - Closed area waters from which shellfish may be harvested only if permitted and subjected to a suitable and effective purification process as determined and permitted by the MCMR. Notes 22 Miss. Code. R. 8-04-142 Amended 3/22/2019

ROE MULLET SEASON - shall be defined as occurring on and between October 15 through December 15 of each year. Notes 22 Miss. Code. R. 8-04-143 Amended 3/22/2019

SALTBOX - shall mean any container or similar device in which the salinity is greater than one hundred (100) parts per thousand and is used to aid in separating the shrimp from the bycatch. Notes 22 Miss. Code. R. 8-04-144 Amended 3/22/2019

SANITARY SURVEY - The evaluation of all actual and potential pollution sources and environmental factors having a bearing on shellfish growing area water quality. Notes 22 Miss. Code. R. 8-04-145 Amended 3/22/2019

SEAFOOD PRIVILEGE TAX LICENSE DECAL - A decal issued to a commercial harvester at the time the fisherman purchases a license for the vessel to harvest seafood. Notes 22 Miss. Code. R. 8-04-146 Amended 3/22/2019

SEINE - shall be defined as any net used to enclose or entrap fish either in a bag or where its ends are pulled together on a vessel or a shore and constructed with a mesh of such size and design as not to be used primarily to ensnare or entangle commercial size fish by the gills…

SHELLFISH - All edible species of oysters, clams, mussels, or scallops; either shucked or in the shell; fresh or frozen; whole or in part. Notes 22 Miss. Code. R. 8-04-148 Amended 3/22/2019

SHELLSTOCK - Shellfish in the shell. Notes 22 Miss. Code. R. 8-04-149 Amended 3/22/2019

SHELL STOCK SHIPPER -SS - A person who grows, harvests, buys, or repacks and sells shellstock. They are not authorized to shuck shellfish or to repack shucked shellfish. A shellstock shipper may also ship shucked shellfish. Notes 22 Miss. Code. R. 8-04-150 Amended 3/22/2019

SHUCKER-PACKER -SP - A person who shucks and packs shellfish. A shucker-packer may act as a shellstock shipper or reshipper or may repack shellfish originating from other certified dealers. Notes 22 Miss. Code. R. 8-04-151 Amended 3/22/2019

SIAMESE TRAWL - shall mean a trawl that has two tongues one on the headrope and one on the footrope at or near the center of the net which requires additional line(s), other than the lines attached to the trawl boards, which run from the bridle, outrigger or boat to the tongues. …

SKIMMER TRAWL - shall mean a trawl that extends from the outrigger of a vessel with a cable and a lead weight holding the trawl mouth open. Notes 22 Miss. Code. R. 8-04-153 Amended 3/22/2019

TRAMMEL NET - shall be defined as any device composed of layers of netting material attached to one or more float lines or one or more weighted bottom lines, with the layers of netting being constructed of fine mesh and of larger mesh so that a fish attempting to pass through the…

UNCLASSIFIED AREA - Waters that are presently unclassified and from which the harvest of shellfish is prohibited pending classification of the area as prohibited, restricted, conditionally approved, or approved based on a sanitary survey of the area and granting of permission to …

WING NET - (Butterfly trawl) shall mean a trawl with a rigid frame holding open the trawl mouth rather than using trawl doors. Notes 22 Miss. Code. R. 8-04-156 Adopted 3/22/2019

The seafood privilege tax license decal must be displayed on each vessel engaged in commercial fishing activities but will not be valid without the proper commercial harvesters license. The decal must be displayed next to the state registration number or federal documentation num…

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 08 shall remain in full force and effect. Notes 22 Miss. Code. R. 8-07-100 Amended …

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. 8-07-101 Amended 3/22/2019

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 8.004 has been modified and the MC…

This Part provides regulations for the recording, reporting, and confidentiality of Mississippi seafood landings. Notes 22 Miss. Code. R. 9-01-1.1 Miss. Code Ann. §§ 49-13-3, 49-15-1 et seq. and 79-23-1. Amended 5/1/2022 Amended 2/1/2024

It is necessary to obtain information on seafood landed or processed in the State of Mississippi to properly manage the marine fisheries resource. Notes 22 Miss. Code. R. 9-02-2.1 Miss. Code Ann. §§ 49-13-3, 49-15-1 et seq. and 79-23-1. Amended 5/1/2022 Amended 2/1/2024

Information gathered may often be of a confidential nature, the unauthorized disclosure of which could be prejudicial or harmful. Notes 22 Miss. Code. R. 9-02-2.2 Miss. Code Ann. §§ 49-13-3, 49-15-1 et seq. and 79-23-1. Amended 5/1/2022 Amended 2/1/2024

Proprietary information required to be submitted to the Mississippi Department of Marine Resources (MDMR) is exempt from disclosure. Notes 22 Miss. Code. R. 9-02-2.3 Miss. Code Ann. §§ 49-13-3, 49-15-1 et seq. and 79-23-1. Amended 5/1/2022 Amended 2/1/2024

All data collected or otherwise obtained by statistical personnel in the course of their duties and other landings data collected by information confidentiality officers of the MDMR are confidential, and unless specific authorization is given, are not to be divulged, except in ag…

Information confidentiality officers for the MDMR must be designated as such in writing by the Executive Director. Aggregate form, with respect to data, shall mean data or information submitted by three (3) or more persons that have been summed or assembled in such a manner so as…

The MDMR will not voluntarily release confidential information to other state or federal agencies, except as provided for above, and to the fullest extent possible, will oppose other agency and congressional subpoenas to obtain confidential information. The MDMR will not disclose…

MDMR enforcement personnel are authorized to inspect any and all seafood purchase and/or sales receipts from firms or individuals, whether or not licensed by the MDMR to ensure reporting requirements listed in this Part. Notes 22 Miss. Code. R. 9-04-4.1 Miss. Code Ann. §§ 49-15-1…

A licensed commercial fisherman may only sell to a seafood dealer or processor. Notes 22 Miss. Code. R. 9-05-5.1 Miss. Code Ann. §§ 49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq. Amended 5/1/2022 Amended 2/1/2024…

A validly licensed commercial fisherman may sell only their catch to a consumer if they have in their possession a fresh product permit obtained from the MDMR. Notes 22 Miss. Code. R. 9-05-5.2 Miss. Code Ann. §§ 49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C.…

A secondary fresh product permit may be obtained from the MDMR for a commercial fisherman's spouse or family member that will allow them to sell their catch to consumers while the commercial fisherman continues to fish. There will be no fee for this permit. Notes 22 Miss. Code. R…

Each seafood dealer or processor is required to accurately complete Mississippi trip tickets using the electronic reporting system provided by the MDMR. Commercial fishermen, who sell their catch to individuals other than a Mississippi dealer or processor or transport their catch…

A completed Mississippi trip ticket is only required for the initial point of sale of the seafood product. All completed trip tickets must be submitted to the MDMR on or before the tenth of each month for actual transactions from every commercial fisherman during the preceding mo…

All applicable fields on a trip ticket must be filled out completely. The seafood dealer, processor, or fisherman is required to verify the accuracy of the tickets before electronic submission or by signing each paper ticket. Notes 22 Miss. Code. R. 9-06-6.3 Miss. Code Ann. §§ 49…

Menhaden processors must provide information on catch in accordance with the requirements of the National Marine Fisheries Service. Notes 22 Miss. Code. R. 9-06-6.4 Miss. Code Ann. §§ 49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 180…

Daily records on catches and sales of live bait shrimp and must be kept and be readily available at the camp location. Notes 22 Miss. Code. R. 9-07-7.1 Miss. Code Ann. §§ 49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et seq. Ame…

Monthly records on catches of live bait shrimp and sales of bait (shrimp, croakers, chum, squid, crabs, bull minnows) and other bait products must be reported on forms furnished by the MDMR and submitted to the MDMR on a monthly basis. Notes 22 Miss. Code. R. 9-07-7.2 Miss. Code …

Live Bait Dealer Reports must be postmarked no later than the tenth day of the month following the monthly reporting period. Notes 22 Miss. Code. R. 9-07-7.3 Miss. Code Ann. §§ 49-15-1 et seq., NAO 216-100, 5 U.S.C. 552, 50 CFR 229.10, 16 U.S.C. 1361 et seq., 16 U.S.C. 1801 et se…