RULES AND REGULATIONS FOR VESSEL SEAFOOD TRANSPORT

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 12 RULES AND REGULATIONS FOR VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI Chapter 01 Introduction Purpose 100 This Part establishes regulations of vessel seafood transport Chapter 02 Justification and Authority 100 Miss. Code Ann. § 49-15-34, as amended, authorizes the Mississippi Commission on Marine Resources (MCMR) to regulate seafood transport and to permit the landing of seafood in the state which is legally taken outside of the Mississippi territorial waters without obtaining a license under Title 49, Chapter 15 of the Mississippi Code Ann. of 1972, as amended. 101 Miss. Code Ann. § 49-15-34 (2), as amended authorizes the MCMR to establish a permit fee in an amount not to exceed the amount of the license fee established in Miss. Code Ann. § 49-15-28 (1), as amended. Chapter 03 Transport Permit Required 100 A transport permit is required for each vessel desiring to land seafood in the state, which is legally taken outside of the Mississippi territorial waters without obtaining a license under Miss. Code Ann. § 49-15-1 et seq. as amended. 101 A transport permit fee of one hundred dollars ($100.00) shall be paid upon issuance of said transport permit. Chapter 04 Penalties 100 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 amended, unless a penalty is specifically provided elsewhere in § 49-15-1, et seq. of the Mississippi Code Ann. of 1972, as amended. In the case of continuing violations, each day shall constitute a separate offense. Chapter 05 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 12 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 and punished as such. Chapter 06 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 12.002 has been modified and the MCMR and Mississippi Department of Marine Resources 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 12 RULES AND REGULATIONS FOR VESSEL SEAFOOD TRANSPORT IN THE STATE OF MISSISSIPPI, shall take 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 W. Walker, Ph.D., Executive Director