RULES AND REGULATIONS TO PROHIBIT THE DISPOSAL OF PLASTICS

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 10 RULES AND REGULATIONS TO PROHIBIT THE DISPOSAL OF PLASTICS AND OTHER GARBAGE IN MARINE WATERS OF THE STATE OF MISSISSIPPI REQUIREMENTS FOR DISPOSAL FACILITIES ON VESSEL AND AT CERTAIN ACCESS AREAS AND TO PROVIDE PENALTIES FOR THE VIOLATIONS OF THE MARINE LITTER ACT OF 1989, AS AMENDED Chapter 01 Introduction Purpose 100 This Part provides regulations to prohibit the disposal of plastic and other garbage in marine waters. This Part also provides for disposal facilities on vessels and at certain access areas and to provide penalties for the violations of the Marine Litter Act of 1989, Miss. Code Ann. § 51-2-1, et seq., as amended. Chapter 02 Justification and Authority 100 Marine litter has become an ever-growing concern in the Gulf of Mexico, averaging in volume over one (1) ton per mile of shoreline. 101 Plastics which comprise 50-70% of all floating items sighted at sea and may require up to 450 years to completely decompose. 102 Marine litter is known to cause the death of marine birds, fin-fish mammals and reptiles, some of which are presently in danger of extinction. 103 Marine litter and debris pose an increasing menace to navigation, fouling propellers and water intake structures. 104 Marine litter aesthetically blights our shorelines affecting tourism and requiring thousands of tax dollars to clean our beaches. 105 The Marine Litter Act of 1989 prohibits the dumping of wastes, garbage and other debris from vessels, both recreational and commercial, within Mississippi State waters and empowers the Mississippi Department of Marine Resources (MDMR) marine officers to uphold and enforce the provisions set forth in the Act. 106 The Mississippi Commission on Marine Resources (MCMR) has been vested with the authority to promulgate regulations to carry out this act, including adopting the provisions of ANNEX V of the Protocol of 1978 of the International Convention for the Prevention of Pollution by Ships. Chapter 03 Definitions 100 VESSEL shall mean any boat, barge, or other vehicle operating in the marine environment from the largest supertanker to the smallest recreational craft. 101 DISCHARGE shall mean any release however caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. It does not include release of harmful substances directly arising from the authorized exploration, exploitation, and associated offshore processing of seabed mineral resources; or release of harmful substances for purposes of legitimate scientific research relating to pollution abatement or control. 102 GARBAGE shall means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically including dishwater and gray water. 103 DISHWATER shall mean the liquefied residue from the manual or automatic washing of dishes and cooking utensils which have been pre-cleaned to the extent that any food particles adhering to them would not normally interfere with the operation of automatic dishwashers. 104 GRAYWATER shall mean drainage from dishwasher, shower, and laundry, bath, and washbasin drains and does not include drainage from toilets, urinals, hospitals, and drainage from cargo spaces. 105 HARMFUL SUBSTANCE AND HAZARDOUS SUBSTANCE shall mean any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea. Hazardous substances shall include fuel, oil, paints, varnishes, solvents, pesticides, insecticides, fungicides, algicides, other hazardous liquids. It is important to note that "garbage," including but not limited to plastics, is considered to be a "harmful substance" since it is liable to "create hazards to human health, to harm living resources and marine life, and to damage amenities". 106 PLASTIC shall mean any garbage that is solid material that contains as an essential ingredient one or more synthetic organic high polymers and is formed or shaped during either manufacture of the polymers or fabrication into a finished product by heat or pressure or both. Examples of plastics included but are not limited to: packaging (vapor proof barriers, bottles, containers, liners), ship construction (fiberglass and laminated structures, siding, piping, insulation, flooring, carpets, fabrics, adhesives, electrical and electronic components), disposable eating utensils and cups (including foamed products), bags, sheeting, floats, synthetic fishing nets, monofilament fishing line, strapping bands, hardhats, synthetic ropes and lines. This definition excludes glass, paints, varnishes, waxes (all of which might be considered "plastics" by other definitions), and plastic polymers naturally produced by living organisms but harvested and used by man, such as chitin. 107 VICTUAL WASTE shall mean any spoiled or unspoiled food waste. 108 MARINE WATERS OR MARINE ENVIRONMENT shall mean any waters influenced by the ebb and flow of the tide and includes all rivers, streams, bays, sounds, and waters extending three (3) miles south of the barrier islands within the State of Mississippi. 109 PERSON shall mean any human individual conduction or causing to conduct the discharge of garbage from land, vessel, plane, or fixed or floating platforms including those for mineral exploration. 110 MARINAS shall mean facilities which provide services and wharfage to three (3) or more recreational or commercial vessels. 111 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 recreational or commercial vessels. 112 PORT shall mean: 112.01 A group of terminals that combines to act as a unit; 112.02 A port authority or other organization that chooses to be considered a port, and/or; 112.03 Terminals or facilities which provide wharfage or other services to ships, including but not limited to commercial fishing facilities, naval facilities, shipbuilding and vessel repair facilities, recreational boating facilities, or mineral and oil industry shorebases. 113 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. 114 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 containers shall include, but not be limited to, buckets or cans with lids, or water tight garbage bags with appropriate ties. Closed containers shall be clearly and permanently marked with weather resistant materials. Chapter 04 Unlawful Discharge 100 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. 101 It shall be unlawful for any person or vessel to discharge any hazardous substances into the marine waters of the State of Mississippi. Chapter 05 Marina and Vessel Requirements 100 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 substances and hazardous substances, plastics, and victual waste. 101 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 the State of Mississippi. Chapter 06 Hazardous Substances 100 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 shall not be required for substances intended for human consumption, or for bait. Closed containers shall not be required while vessels are taking on or unloading cargo and provisions. Chapter 07 Emergencies and Accidental Release of Substances 100 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: 100.01 Discharges from a ship for the purpose of securing the safety of a ship and those on board or saving life at sea. 100.02 The escape of substances resulting from damage to a ship or its equipment, if all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the escape. 100.03 The accidental loss of synthetic fishing nets or the loss of synthetic material during repair of nets provided all reasonable precautions have been taken to prevent such losses. Snagged or entangled fishing tackle and nets shall be recovered as much as reasonably possible, and the unrecovered remainder is caused to sink. Chapter 08 Penalties 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 Dollars ($500.00) or community service requiring litter collection of not less than twenty-five (25) hours nor more than two hundred fifty (250) hours, or both. Persons under eighteen (18) years of age shall be penalized with community service, and may be assessed a fine as well. Each day of a continuing violation constitutes a separate violation. Violations of more than one section or subsection of the Ordinance, or part thereof, shall be considered separate offenses and punished as such. 101 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), or revocation of boating licenses, or both. Chapter 09 Chapters and Subchapters Declared Separable 100 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. 101 Violations of more than one chapter or subchapter of this Part or part thereof shall be considered separate offenses and punished as such. Chapter 10 Administrative Procedures Act 100 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 MCMR and MDMR have adopted the terminology and numbering system developed by the Secretary of State. Therefore, references to “ordinance” or to “Part” appearing in these regulations or the underlying statutes are used interchangeably and refer to the same instrument. TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 10 RULES AND REGULATIONS TO PROHIBIT THE DISPOSAL OF PLASTICS AND OTHER GARBAGE IN MARINE WATERS OF THE STATE OF MISSISSIPPI REQUIREMENTS FOR DISPOSAL FACILITIES ON VESSEL AND AT CERTAIN ACCESS AREAS AND TO PROVIDE PENALTIES FOR THE VIOLATIONS OF THE MARINE LITTER ACT OF 1989, AS AMENDED, shall be in effect and be in force from and after the 1st day of January 2007. Adopted this the 19th day of December 2006. MISSISSIPPI COMMISSION ON MARINE RESOURCES By: /s/ Vernon Asper Vernon Asper, Ph.D., Chairman MISSISSIPPI DEPARTMENT OF MARINE RESOURCES By: /s/ William W. Walker William Walker, Ph.D., Executive Director