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Mississippi Statutes, Title 59

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Mississippi/Statutes

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Title 59, Ports, Harbors, Landings and Watercraft

14 chapters · 305 sections in this title.

All chapters in Title 59305 Ch 7, County and Municipal Harbors75 Ch 9, County Port Authority or Development…43 Ch 21, Boats and Other Vessels41 Ch 5, State Ports and Harbors35 Ch 17, State Inland Ports29 Ch 1, Harbor or Port Commissions; Powers o…24 Ch 3, Ports of Entry11 Ch 15, Small Craft Harbors10 Ch 25, Certificates of Title for Boats and …9 Ch 13, Harbor Improvements by Coast Counties8 Ch 19, Landings8 Ch 6, Compact for Development of Deep Draf…4 Ch 11, County Port and Harbor Commission4 Ch 23, Alcohol Boating Safety Act4

305 sections·Filtered byTitle 59✕

Miss. Code Ann. § 59-19-9 Appeal of assessment to circuit court
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Should the owner of the land, or other person claiming compensation or damages, be not satisfied with the verdict of the jury, such person may appeal from the order of the board of supervisors confirming the same, within ten days after such order, to the circuit court; and the co…
Miss. Code Ann. § 59-21-1 Short title
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This chapter may be cited as the “Mississippi Boating Law of 1960.”
Miss. Code Ann. § 59-21-11 Application for certificate of number
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(a) The owner of any vessel required to be numbered under this chapter shall apply, within ten (10) days from the date of acquisition of the vessel, to the commission, on forms provided, for a certificate of number. The application for a number shall include the following:(a) Nam…
Miss. Code Ann. § 59-21-111 Assumption of duties and responsibilities of Boat and Water Safety Commission
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(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Mississippi Boat and Water Safety Commission, and shall exercise the duties and responsibilities of the Mississippi Boat and Water Safety Commission through the Mississippi Department of Wildlife, Fisher…

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Miss. Code Ann. § 59-21-117 Promulgation of rules and regulations generally

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(1) The commission shall adopt and promulgate rules and regulations for the administration and enforcement of the provisions of this chapter, and to advertise and promote the fresh waterways of the state. (2) The Commission on Marine Resources shall adopt and promulgate rules and…

Miss. Code Ann. § 59-21-119 Purchase, operation and maintenance of equipment; purchase of property damage insurance

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The commission is hereby authorized to purchase, operate and maintain such motor vehicles, boats, trailers, motors and other equipment as may be deemed necessary and proper for the administration of this chapter. The commission may purchase property damage insurance on its motor …

Miss. Code Ann. § 59-21-121 Regulation of regattas, boat races, exhibitions, etc

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Any person or organization sponsoring a regatta, motorboat or other boat race, marine parade, tournament or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards. The commission may adopt and may from time to time amend reg…

Miss. Code Ann. § 59-21-123 Enforcement officers; employment and compensation

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The executive director with the approval of the commission may employ and fix the duties of such clerical assistants, enforcement officers and other agents as may be deemed necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensati…

Miss. Code Ann. § 59-21-125 Enforcement officers; bond

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Each enforcement officer shall execute and file with the state treasurer a good and sufficient surety bond in the sum of two thousand dollars ($2,000.00), conditioned on the faithful performance of his respective duties. Each enforcement officer shall be reimbursed by the commiss…

Miss. Code Ann. § 59-21-127 Enforcement officers; powers and duties

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(1) It shall be the duty of all enforcement officers to enforce, and to obey and carry out all instructions, directions, rules and regulations of the department with respect to the enforcement of the provisions of this chapter. Each enforcement officer shall account for and pay o…

Miss. Code Ann. § 59-21-129 Adoption of special rules and regulations

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(1) Any agency or political subdivision of this state may make application to the commission for special rules and regulations with reference to the operation, equipment or safety of vessels on any waters of this state within its territorial limits or authorized jurisdiction and …

Miss. Code Ann. § 59-21-13 Renewal of certificate of number; notice as to loss or destruction; replacement of certificate of number

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An application for renewal of a certificate of number shall be made by the owner on an application which must be received by the commission within the last ninety (90) days before the expiration date on the certificate of number. The same number will be issued upon renewal. If a …

Miss. Code Ann. § 59-21-15 Certified statement of ownership as evidence of ownership; effect of liens as to determination of ownership; application for number by person obtaining title through default in terms of lien instrument

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The certified statement of ownership on the application for the award of a number shall constitute prima facie evidence of proof of ownership. Liens of all kinds, including reservations or transfers of title to secure debts or claims, will be disregarded in determining ownership …

Miss. Code Ann. § 59-21-151 Enforcement of chapter

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All peace officers and other law enforcement officials are hereby authorized, empowered and enjoined to enforce the provisions of this chapter within their respective jurisdictions. It shall be the duty of each district attorney in this state and each county prosecuting attorney …

Miss. Code Ann. § 59-21-153 Penalties

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(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the following penalties:(a) For a violation of any of the provisions of Sections 59-21-23(d), 59-21-29, 59-21-33, 59-21-55, 59-21-81 through 59-21-87, and 59-21-111 throu…

Miss. Code Ann. § 59-21-155 Disposition of fines and penalties

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All monies collected as fines or penalties for violation of the provisions of this chapter shall be paid over by the court, justice court judge, or other officer collecting or receiving the fines or penalties to the county having jurisdiction over the violation as provided by law…

Miss. Code Ann. § 59-21-157 Civil liability for violation of provisions of chapter

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The owner or operator of a vessel, or both, shall be civilly liable for any injury or damage proximately resulting from the negligent failure of such owner or operator to comply with any of the provisions of this chapter.

Miss. Code Ann. § 59-21-159 Venue of actions based upon chapter

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The venue of any action based on this chapter may be in the county in which the vessel is usually moored, docked, housed or garaged, or in the county in which a vessel is involved in a boating accident, or in event of a boating accident taking place on a navigable waterway which …

Miss. Code Ann. § 59-21-161 Service of process on nonresidents

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The acceptance by a nonresident of the right and privileges of operating a vessel or motorboat on any of the waters of this state, as evidenced by his operating, either in person or by agent or employee, a vessel or motorboat upon any of the navigable waters of this state, shall …

Miss. Code Ann. § 59-21-163 Effect of Sections 59-21-157 through 59-21-161 on other causes of action

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The provisions of Sections 59-21-157 through 59-21-161 shall not be construed to limit any cause of action heretofore maintainable at common law, maritime law or in admiralty, but shall be cumulative and supplemental thereto.

Miss. Code Ann. § 59-21-17 Contents of certificate of number; duties of commission; release of information on vessels; fees and charges for copying, certifying or searching records

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(1) The certificate of number shall include the following:(a) Name and full address of owner, including zip code.(b) Date of birth of owner.(c) Present citizenship of owner (county, state, country).(d) State and county in which vessel is principally operated.(e) Present registrat…

Miss. Code Ann. § 59-21-19 Size of certificate of number; temporary certificates; expiration dates; livery boat certificates; manufacturers’ and dealers’ certificates and numbers

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(1) The certificate of number shall be pocket-size, approximately two and one-half inches (2-1/2”) by three and one-half inches (3-1/2”), and water resistant. (2) Pending the issuance of the original certificate of number, the owner of the vessel may be furnished a temporary cert…

Miss. Code Ann. § 59-21-21 Surrender of certificate of number; notification of change of owner’s address or loss, destruction, abandonment or transfer of vessel; application for number by new owner of vessel

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(1) When the owner of a numbered vessel removes his residence to another state, or the numbered vessel is not usually moored, docked, housed or garaged within this state, the owner shall, within ninety (90) days thereafter, surrender the certificate of number to the commission. (…

Miss. Code Ann. § 59-21-23 Cancellation or voiding of certificate of number

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(a) Certificates of number may be cancelled or voided under the following circumstances:(a) Surrender of certificate for cancellation;(b) Issuance of a new number for the same vessel;(c) Issuance of a marine document by the Bureau of Customs for the same vessel;(d) False or fraud…

Miss. Code Ann. § 59-21-25 Fees for certificates of number; disposition of proceeds

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(1) Fees for the award of certificates of number for original, transfer, renewal, livery, dealer and duplicate shall be as follows:(a) Less than 16 feet $ 7.50(b) 16 feet but less than 26 feet $22.50(c) 26 feet but less than 40 feet $45.00(d) 40 feet and over $45.00(e) Dealer num…

Miss. Code Ann. § 59-21-27 Additional certificates of numbers for livery boats; fees; renewals

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An owner of more than one livery boat shall be entitled to be awarded certificates of number for all such vessels on the payment of fees provided in Section 59-21-25. Each vessel shall have a separate and distinct number and shall be issued a separate certificate of number. Certi…

Miss. Code Ann. § 59-21-29 Registration of serial numbers of outboard motors

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Each person registering a boat or boats under this chapter may at the same time register with the commission the serial numbers of all outboard motors owned by said person.

Miss. Code Ann. § 59-21-3 Definitions

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(a) As used in this chapter, unless the context clearly requires a different meaning:(a) “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks.(b) “Length” means the length of the vessel measured from end to end over the deck excluding sheer.(c) “Livery b…

Miss. Code Ann. § 59-21-31 Alteration of identification numbers or marks on vessels, outboard motors, boats or boat trailers; purchase, sale or possession of vessels, outboard motors, boats or boat trailers with altered identifications; examinations and reports

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No person shall remove, change or in any manner mutilate or deface any number awarded a vessel, or any motor number or other stamped, cast, or forged numbers or letters or other marks upon any vessel, outboard motor, boat or boat trailer, or assist in so doing, or, having knowled…

Miss. Code Ann. § 59-21-33 Seizure and forfeiture of vessels, outboard motors, boats and trailers with altered identification numbers or marks

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All vessels, outboard motors, boats and trailers having awarded numbers or identification numbers or marks which have been removed, changed, mutilated or defaced contrary to this chapter are subject to forfeiture. Any such property shall be seized by any conservation officer or e…

Miss. Code Ann. § 59-21-41 Duplication of boat hulls and parts by direct molding process

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(1) As used in this section:(a) “Direct molding process” means any process in which the original manufactured boat hull or component part of a boat is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.(b) “Mold” means a matrix or…

Miss. Code Ann. § 59-21-5 Requirement of numbering of undocumented vessels

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(1) All sailboats and every undocumented vessel equipped with propulsion machinery, whether or not such machinery is the principal source of propulsion, using the territorial and navigable waters of the State of Mississippi, and every such vessel owned in the State of Mississippi…

Miss. Code Ann. § 59-21-51 Duty to report boating accidents; “boating accident” defined

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In the case of a boating accident involving collision, accident or other casualty involving a motorboat or vessel subject to this chapter, while operated upon the waters of this state, the operator thereof, if the collision, accident or other casualty results in death to any pers…

Miss. Code Ann. § 59-21-53 Time for submission of accident reports; contents; distribution; disclosure

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(1) Whenever death results from a boating accident, a written report shall be submitted within forty-eight (48) hours. For every other reportable boating accident a written report shall be submitted within five (5) days after such accident. The operator(s) of the boat(s) shall pr…

Miss. Code Ann. § 59-21-55 Duty of vessel operator to remain at scene of accident and render aid and assistance; liability for rendering assistance

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(1) It shall be the duty of the operator of any vessel involved in a boating accident to remain at the scene of such accident until he has rendered all necessary aid and assistance, including the carrying or the making of arrangements for the carrying of any person involved in su…

Miss. Code Ann. § 59-21-7 Numbering pattern

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The numbering pattern to be used shall be as follows: The number shall be divided into three (3) parts. The first part shall consist of the symbol MI; the second part shall consist of a numerical group having a maximum of four (4) digits; the third part shall consist of an alphab…

Miss. Code Ann. § 59-21-81 Requirements as to lights, personal flotation devices and other safety equipment; children required to wear personal flotation devices; vessels to be seaworthy; safety requirements for operation of personal watercraft

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(1) Every vessel shall have on board a Coast Guard approved personal flotation device for each person aboard such vessel, and every person twelve (12) years or younger on board a motorboat, sailboat, or vessel which measures less than twenty-six (26) feet in length shall wear a t…

Miss. Code Ann. § 59-21-83 Operation of vessel in reckless or negligent manner, while operator is incapacitated, etc

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No vessel shall be operated within this state in a reckless or negligent manner or at a rate of speed greater than is reasonable and prudent under the then existing circumstances or when the operator is so physically or mentally incapacitated as to be incapable of safely operatin…

Miss. Code Ann. § 59-21-85 Age restrictions on operation of motorboats

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(1) (a) No motorboat required to be numbered under this chapter shall be operated by any person who is under the age of twelve (12) years, unless he possesses a certificate as required under this section and is also accompanied by a parent, guardian or other person who is at leas…

Miss. Code Ann. § 59-21-87 Regulation of water skiing, aquaplaning, etc

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No person shall operate a motorboat on any waters of this state while towing a person on water skis, or on an aquaplane or similar device, without an observer in the boat in addition to the operator. Such observer shall be above ten years of age. The provisions of the first parag…

Miss. Code Ann. § 59-21-89 Use of oscillating or rotating blue lights on vessels

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(1) It is unlawful for any person, other than a law enforcement officer on duty, to use or display oscillating or rotating blue lights on a vessel operating on the public waters of this state. Upon the approach of an authorized law enforcement vessel operating a strobe, rotating …

Miss. Code Ann. § 59-21-9 Display of awarded number on vessel; use of other numbers prohibited

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(1) The number awarded shall be painted on or attached to each side of the bow of the vessel for which it was issued. The numbers shall be placed on each side of the forward half of the vessel in such position as to provide clear legibility for identification. The numbers shall r…

Miss. Code Ann. § 59-23-1 Short title

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This chapter shall be known and may be cited as the “Alcohol Boating Safety Act.”

Miss. Code Ann. § 59-23-3 Definitions

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(a) For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:(a) “Chemical test” means an analysis of a person’s blood, breath, urine or other bodily substance for the determination of the presence of alc…

Miss. Code Ann. § 59-23-5 Consent to chemical or breath tests by persons operating watercraft; offer and administration of tests; advisement of effect of refusal to submit to test; advisement of persons arrested of rights; uniform citation form

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(1) A person who operates a watercraft in waters over which this state has jurisdiction shall be deemed to have given consent to submit to a chemical test or test of his breath for the purpose of determining the alcohol content of his blood, as a condition of operating the waterc…

Miss. Code Ann. § 59-23-7 Offenses and penalties

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(1) It is unlawful for any person to operate a watercraft on the public waters of this state who:(a) Is under the influence of intoxicating liquor;(b) Is under the influence of any other substance which has impaired such person’s ability to operate a watercraft; or(c) Has eight o…

Miss. Code Ann. § 59-25-1 Definitions

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(a) The following words, as used in this chapter, shall have the following meanings:(a) “Certificate of origin” means the document provided by the manufacturer of a new vessel, or its distributor, which is the only valid indication of ownership between the manufacturer, its distr…

Miss. Code Ann. § 59-25-11 Transfer of title by operation of law

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(1) In the event of a transfer by operation of law of the title or interest of an owner in a vessel or motor titled under this chapter, the transferee or his legal representative shall apply to the department for a certificate of title within thirty (30) days of the transfer. The…

Miss. Code Ann. § 59-25-13 Certificate of title showing security interest

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(1) The department, upon receiving an application for a certificate of title to a vessel or motor showing security interest on the vessel or motor, shall show upon the face of the certificate of title all security interest in the order of their priority as shown on the applicatio…

Miss. Code Ann. § 59-25-15 Certificate of number prima facie evidence of ownership

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Issuance of a certificate of number shall be prima facie evidence of ownership of a vessel and entitles a person to a certificate of title, but certificate of number and certificate of title shall be subject to rebuttal.