REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES PART 7 REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS ON CERTAIN FISH SPECIES AND TO PREVENT SALE OF SEAFOOD BY RECREATIONAL FISHERMEN Chapter 01 Introduction Purpose 100 This Part provides for the regulations of commercial and recreational fishermen through size limits, bag limits and gear restriction. Chapter 02 Justification and Authority 100 The Mississippi Commission on Marine Resources has determined that the regulation of all user groups is necessary for the conservation, protection, or propagation of certain fish species. 101 The Mississippi Commission on Marine Resources has determined that regulations must be imposed on minimum lengths and bag limits of certain commercially and recreationally important fish species in order to insure the proper conservation, protection or spawning of stocks. 102 The Mississippi Commission on Marine Resources has determined that there is a need to support the decision of the United States Congress which authorized the United States Secretary of Commerce, the National Oceanic and Atmospheric Administration (NOAA) Assistant Administrator, for fisheries to adopt conservation measures for Atlantic Bluefin Tuna (Thunnus thynnus) as recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT), which was established by the International Convention for the Conservation of Atlantic Tunas, a treaty to which the United States and eighteen other countries are parties. 103 The Mississippi Commission on Marine Resources has determined a need to restrict the incidental catch of Atlantic Bluefin Tuna in accordance with Federal Regulations. 104 The Mississippi Commission on Marine Resources has determined that the ICCAT recommendation to prohibit a directed fishery on the Atlantic Bluefin Tuna spawning stocks in the Gulf of Mexico is a valid and necessary measure for the proper conservation of Atlantic Bluefin Tuna stocks. 105 The Mississippi Commission on Marine Resources is vested with the jurisdiction and authority over all marine aquatic life and is authorized to enact all regulations necessary for the protection, conservation or propagation of all shrimp, oysters, commercial fish and crabs in the waters under the territorial jurisdiction of the State of Mississippi, as provided for in Section 49-15-15 of the Mississippi Code of 1972, Annotated. 106 Section 49-15-63 of the Mississippi Code of 1972, Annotated, provides, in part, that any person, firm or corporation violating any of the provisions of any Title and Part adopted by the commission shall be guilty of a misdemeanor. 107 Section 49-15-96 of the Mississippi Code of 1972, Annotated; allows for the cleaning (filleting) of certain types of fish for personal consumption by licensed commercial shrimpers. 108 Section 49-15-317 of the Mississippi Code of 1972, Annotated; allows any charter or recreational fishing boat fishing outside the state’s waters in the Gulf of Mexico over twenty-four (24) hours before returning to land and filing a float plan with the Department of Marine Resources may possess filleted fish in Mississippi waters. Chapter 03 Definitions 100 FINAL DESTINATION shall be defined as a place on the mainland or a barrier island, not including piers or jetties, where the fishermen finally lands his catch and does not further transport the fish by boat. 101 RECREATIONAL FISHERMAN shall be defined as those individuals taking and/or catching seafood for recreation or personal consumption. 102 BAG LIMIT shall mean the total number of a particular species that a recreational fisherman can retain for a single day's catch. 103 TROTLINE shall be defined as a stationary anchored line with more than three (3) baited hooks. 104 SET POLE and LINE shall be defined as a line attached to a pole, suspended over water, located along a shoreline. This gear does not include rods with an attached reel or cane poles actively attended on-site by a fisherman engaged in fishing from the adjacent shoreline. Chapter 04 Commercial Closure Area 100 It shall be unlawful for any person, firm, or corporation to commercially take finfish from the marine waters north of the CSX bridges in the three (3) coastal counties of Mississippi, except for any euryhaline species of minnow in the Pascagoula river system. Chapter 05 Filet Regulations 100 It shall be unlawful for commercial or recreational fishermen to possess fish with heads, tails or flesh removed until delivered to the final destination; however, fish may be eviscerated, scaled or have gills removed. Any charter or recreational fishing boat fishing outside the state’s waters in the Gulf of Mexico over twenty-four (24) hours before returning to land and filing a float plan with the Department of Marine Resources may possess filleted fish in Mississippi waters. Said float plan must be received and filed with the Department of Marine Resources prior to departure and during the regular operating hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, and a copy of which must be on board said vessel for the duration of the trip. Said float plan must be submitted on forms provided by the Department of Marine Resources signed by the applicant and official accepting the float plan; and will contain the following information: 100.01 Name of the applicant 100.02 Owner of the vessel 100.03 Name of the vessel captain 100.04 Official vessel registration number 100.05 Description of the vessel 100.06 Date, time and location of departure 100.07 Destination(s) 100.08 Anticipated date, time, and location of return Chapter 06 Fish Allowed to Keep for Personal Consumption 100 Licensed commercial shrimp fishermen may keep in whole for personal consumption only, the following fish which are caught in shrimp nets or trawls of the vessel: White Trout, Atlantic Croaker, Black Drum, and Ground Mullet (Family Sciaenidae); Sheepshead (Family Sparidae); Gafftopsail Catfish (Family Ariidae); and flounders in the families Pleuronectidae and Bothidae. The cumulative total weight of fish shall not exceed twenty- five (25) pounds. These exemptions for personal consumption does not apply to fish that are otherwise illegal to possess. Chapter 07 Charter Boat Exemption from Certain Bag Limits 100 Persons on a licensed charter boat or headboat may possess a two-day (2) bag limit only when complying with the following conditions and only for the species listed in 100.06 of this chapter. 100.01 Charter boats must be less than one hundred (100) gross tons and meet Coast Guard requirements to carry six or fewer passengers. 100.02 Headboats must hold a valid certificate of inspection issued by the Coast Guard. 100.03 The charter boat or headboat must possess a reef fish permit if fishing for reef fish or in possession of reef fish in the EEZ. 100.04 The charter boat or headboat must have two (2) coast guard certified captains aboard (as required by Coast Guard regulations for trips over twelve (12) hours). 100.05 Each person aboard the charter boat or headboat must possess a certificate, issued in the name of the chartering company, stating the time and date the charter left the dock and the trip must be in excess of twenty-four (24) hours. 100.06 King and Spanish Mackerel, snappers (Red, Vermillion, Lane, Gray, Mutton, Yellowtail, Schoolmaster, Cubera, Dog, Mahogany, Queen, Blackfin, Silk, and Wenchman), groupers (Misty, Snowy, Yellowedge, Warsaw, Speckled Hind, Red, Yellowfin, Black, Gag, Scamp, Yellowmouth, Rock Hind, and Red Hind), Hogfish, Gray Triggerfish, Lesser Amberjack, Banded Rudderfish, Almaco Jack, Goldface Tilefish, Anchor Tilefish, Tilefish, Blackline Tilefish, Blueline Tilefish, and Greater Amberjack. 101 A licensed for-hire vessel may obtain a two-day bag limit endorsement from the Department for a fee of $100 per year. The endorsement allows the vessel to possess a two-day bag limit (whole or filleted) of Spotted Seatrout, Red Drum, and Southern Flounder under all of the following conditions: 101.01 The endorsement only applies while fishing in Mississippi territorial waters. 101.02 The trip must extend beyond 24 hours before returning to the mainland. 101.03 The harvest must comply with Mississippi’s current size limits, regardless of the place of harvest. 101.04 The harvest must comply with Mississippi daily catch limits. This endorsement does not authorize any person to take more than one daily Mississippi bag limit during one calendar day. 101.05 The vessel must obtain a float plan from the Department prior to each trip. 101.06 The vessel may possess the two-day limit only during its final return to the mainland. During the final return, fishing is prohibited. 102 The vessel operator must file a float plan with the Department during regular office hours prior to disembarking. A copy of the float plan must be on board the vessel for the duration of the trip. The float plan must be submitted on forms provided by the Department and must contain the following: 102.01 Name of the applicant. 102.02 Owner of the vessel. 102.03 Name of the vessel captain. 102.04 Official vessel registration number. 102.05 Description of the vessel. 102.06 Date, time, and location of departure. 102.07 Passenger manifest. 102.08 Destinations. 102.09 Anticipated date, time, and location of return. 102.10 Signatures of the applicant and the Department official receiving the plan. The vessel’s captain and crew are prohibited from keeping a recreational bag limit of Red Drum and Southern Flounder while exercising the endorsement. The presence of the captain and crew does not count towards the vessel’s daily possession limit for the species listed above. Charter vessel captain and crew are prohibited from keeping a recreational bag limit of Red Snapper, Greater Amberjack, and Spotted Seatrout. 105 This Chapter shall renew automatically on an annual basis for a one-year period unless the Commission initiates a review of this section. Chapter 08 Recreational Bag, Possession and Size Limits 100 It shall be unlawful for a recreational fisherman to possess any fish in excess of a one (1) day bag limit of the following named species as prescribed: 100.01 Fifteen (15) Spotted Seatrout (Cynoscion nebulosus) 100.02 Three (3) Red Drum (Sciaenops ocellatus) 100.03 Two (2) Cobia (Rachycentron canadum) 100.04 Three (3) King Mackerel (Scomberomorus cavalla) 100.05 One (1) Greater Amberjack (Seriola dumerili) 100.06 Two (2) Red Snapper (Lutjanus campechanus) 100.07 Fifteen (15) Spanish mackerel (Scomberomorus maculatus) 100.08 Ten (10) flounder (Paralichthys sp.) 100.09 Five (5) Hogfish (Lachnolaimus maximus) 100.10 Three (3) Tripletail (Lobotes surinamensis) 100.11 Fifteen (15) Sheepshead (Archosargus probatocephalus) 100.12 Ten (10) in aggregate: 100.12.01 Gray Snapper (Lutjanus griseus) 100.12.02 Mutton Snapper (Lutjanus analis) – may possess (5) within the (10) fish aggregate 100.12.03 Yellowtail Snapper (Ocyurus chrysurus) 100.12.04 Schoolmaster (Lutjanus apodus) 100.12.05 Cubera (Lutjanus cyanopterus) 100.12.06 Dog (Lutjanus jocu) 100.12.07 Mahogany (Lutjanus mahogany) 100.12.08 Queen (Etelis oculatus) 100.12.09 Blackfin (Lutjanus buccanella) 100.12.10 Silk (Lutjanus vivamus) 100.12.11 Wenchman (Pristipomoides aquilonaris) 100.13 Four (4) in the grouper aggregate: 100.13.01 Misty Grouper (Epinephelus mystacinus) 100.13.02 Snowy Grouper (Epinephelus niveatus) 100.13.03 Yellowedge Grouper (Epinephelus flavolimbatus) 100.13.04 Red Grouper (Epinephelus morio) 100.13.05 Yellowfin Grouper (Mycteroperca venenosa) 100.13.06 Black Grouper (Mycteroperca bonaci) 100.13.07 Gag Grouper (Mycteroperca microlepis) – may possess two (2) within the four (4) fish grouper aggregate 100.13.08 Scamp (Mycteroperca phenax) 100.13.09 Yellowmouth (Mycteroperca interstitialis) 100.13.10 Rock Hind (Epinephalus adscensionis) 100.13.11 Red Hind (Epinephalus guttatus) 100.14 One (1) per vessel within the four (4) fish grouper aggregate: 100.14.01 Speckled Hind (Epinephelus drummondhayi) 100.14.02 Warsaw Grouper (Epinephelus nigritus) 100.15 Twenty (20) in reef fish aggregate: 100.15.01 Gray Triggerfish (Balistes capriscus) – may possess one (1) within the twenty (20) reef fish aggregate 100.15.02 Vermillion Snapper (Rhomboplites aurorubens) 100.15.03 Lane Snapper (Lutjanus synagris) 100.15.04 Almaco Jack (Seriola rivoliana) 100.15.05 Goldface Tilefish (Caulolatilus chrysops) 100.15.06 Anchor Tilefish (Caulolatilus intermedius) 100.15.07 Tilefish (Lopholatilus chamaeleonticeps) 100.15.08 Blacklined Tilefish (Caulolatilus cyanops) 100.15.09 Bluelined Tilefish (Caulolatilus microps) 100.16 Five (5) in aggregate: 100.16.01 Lesser Amberjack (Seriola fasciata) 100.16.02 Banded Rudderfish (Seriola zonata) 100.17 Three (3) - Yellowfin Tuna (Thunnus albacares) 100.18 It shall be unlawful for recreational fishermen to possess more than four (4) of the following shark species in aggregate per person per day (small coastal sharks): 100.18.01 Atlantic Sharpnose (Rhizoprionodon terraenovae) 100.18.02 Finetooth (Carcharhinus isodon) 100.18.03 Blacknose (Carcharhinus acronotus) 100.18.04 Bonnethead (Sphyrna tiburo) 100.19 It shall be unlawful for recreational fishermen to possess more than one (1) of the following shark species per person per day and no more than three (3) of the following shark species in aggregate per vessel per day (large coastal and pelagic sharks): 100.19.01 Blacktip (Carcharhinus limbatus) 100.19.02 Spinner (Carcharhinus brevipinna) 100.19.03 Bull (Carcharhinus leucas) 100.19.04 Tiger (Galeocerdo cuvieri) 100.19.05 Lemon (Negaprion brevirostris) 100.19.06 Nurse (Ginglymostoma cirratum) 100.19.07 Scalloped Hammerhead (Sphyrna lewini) 100.19.08 Great Hammerhead (Sphyrna mokarran) 100.19.09 Smooth Hammerhead (Sphyrna zygaena) 100.19.10 Shortfin Mako (Isurus oxyrinchus) 100.19.11 Porbeagle (Lamna nasus) 100.19.12 Thresher (Alopias vulpinus) 100.19.13 Blue (Prionace glauca) 100.19.14 Oceanic Whitetip (Carcharhinus longimanus) 100.20 It shall be unlawful for recreational fishermen to possess any of the following species of sharks (protected Species of Sharks): 100.20.01 Sand Tiger (Odontaspis taurus) 100.20.02 Bigeye Sand Tiger (Odontaspis noronhai) 100.20.03 Whale (Rhincodon typus) 100.20.04 Basking (Cetorhinus maximus) 100.20.05 White (Carcharodon carcharias) 100.20.06 Dusky (Carcharhinus obscurus) 100.20.07 Bignose (Carcharhinus altimus) 100.20.08 Galapagos (Carcharhinus galapagensis) 100.20.09 Night (Carcharhinus signatus) 100.20.10 Caribbean Reef (Carcharhinus perezi) 100.20.11 Narrowtooth (Carcharhinus brachyurus) 100.20.12 Caribbean Sharpnose (Rhizorionodon porosus) 100.20.13 Smalltail (Carcharhinus porosus) 100.20.14 Atlantic Angel (Squatina dumerili) 100.20.15 Longfin Mako (Isurus paucus) 100.20.16 Bigeye Thresher (Alopias superciliousus) 100.20.17 Sevengill (Heptranchias perlo) 100.20.18 Sixgill (Hexanchus griseus) 100.20.19 Bigeye Sixgill (Hexanchus vitulus) 100.20.20 Sandbar (Carcharhinus plumbeus) 100.20.21 Silky (Carcharhinus falciformis) 100.21 It shall be unlawful for recreational fishermen to possess more than one (1) Atlantic Tarpon (Megalops atlanticus) per vessel per day. 101 The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful. 102 It shall be unlawful for recreational fishermen to possess any of the following named species of fish under the lengths prescribed: 102.01 Spotted Seatrout – fifteen (15) inches (total length). 102.02 Red Drum – eighteen (18) inches (total length). 102.03 Cobia – thirty-six (36) inches (fork length). 102.04 Greater Amberjack – thirty-four (34) inches (fork length). 102.05 Red Snapper – sixteen (16) inches (total length). 102.06 Mutton Snapper – eighteen (18) inches (total length). 102.07 Vermillion Snapper – ten (10) inches (total length). 102.08 Lane Snapper – eight (8) inches (total length). 102.09 Gray, Schoolmaster, Cubera, Dog, Mahogany, and Yellowtail Snapper – twelve (12) inches (total length). 102.10 Red and Yellowfin Grouper – twenty (20) inches (total length). 102.11 Gag and Black Grouper – twenty-four (24) inches (total length). 102.12 Scamp – sixteen (16) inches (total length). 102.13 Gray Triggerfish – fifteen (15) inches (fork length). 102.14 Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 102.15 King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 102.16 flounders (Paralicthys sp.) – twelve (12) inches (total length). 102.17 small coastal sharks – twenty-five (25) inches total length. 102.18 large coastal sharks – thirty-seven (37) inches total length. 102.19 Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 102.20 Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 102.21 Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 102.22 Blue Marlin (Makaira nigricans) – ninety-nine (99) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.23 White Marlin (Tetrapturus albidus) – sixty-six (66) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.24 Sailfish (Istiophorus platypterus) – sixty-three (63) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.25 Hogfish (Lachnolaimus maximus) – fourteen (14) inches (fork length) 102.26 Tripletail (Lobotes surinamensis) eighteen (18) inches total length 102.27 Sheepshead (Archosargus probatocephalus) fourteen (14) inches total length 102.28 Swordfish (Xiphias gladius) – forty-seven (47) inches as measured from the tip of the lower jaw to the fork of the tail (lower jaw fork length). 102.29 Atlantic Tarpon (Megalops atlanticus) – seventy-five (75) inches fork length. 103 However, recreational fishermen not fishing in Mississippi waters may transport and land fish that meet the minimum size and creel limits of the waters in which they were legally caught. Said recreational fishermen must possess a valid saltwater sportfishing license as may be required in the waters where the fish were caught. In the absence of minimum size or creel limits in another jurisdiction, Mississippi law will prevail. 104 It shall be unlawful for saltwater commercial or recreational fishermen to possess more than one (1) Red Drum exceeding thirty (30) inches total length for a single day's catch. 105 It shall be unlawful for any fisherman to remove an Atlantic Tarpon (Megalops atlanticus) over the length of forty (40) inches from the water unless the intent is to harvest within the limits defined in Sections 100 and 102 of this chapter. Chapter 09 Commercial Size, Possession and Catch Limits 100 It shall be unlawful for any person, firm, or corporation, to barter, sell, offer for sale or transport for sale or possess for sale in or from the State of Mississippi the following named species of fish under the lengths prescribed: 100.01 Red Drum – eighteen (18) inches (total length). 100.02 Spotted Seatrout – fourteen (14) inches (total length). 100.03 flounders (Paralicthys sp.) – twelve (12) inches (total length). 100.04 Tripletail (Lobotes surinamensis) eighteen (18) inches total length. 100.05 mullet (Mugil sp.) – ten (10) inches (total length). 100.06 Spanish Mackerel (Scomberomorus maculatus) – twelve (12) inches (fork length). 100.07 King Mackerel (Scomberomorus cavalla) – twenty-four (24) inches (fork length). 100.08 Red Snapper – thirteen (13) inches (total length). 100.09 Vermillion Snapper – ten (10) inches (total length). 100.10 Lane Snapper – eight (8) inches (total length). 100.11 Mutton Snapper – eighteen (18) inches (total length) 100.12 Gray, Mahogany, Schoolmaster, Dog, Cubera, and Yellowtail Snapper – twelve (12) inches (total length). 100.13 Blackfin, Queen, Silk and Wenchman snapper – no minimum length. 100.14 Tilefish – no minimum length. 100.15 Red Grouper – eighteen (18) inches (total length). 100.16 Yellowfin Grouper – twenty (20) inches (total length). 100.17 Black Grouper – twenty-four (24) inches (total length). 100.18 Gag Grouper – twenty-four (24) inches (total length). 100.19 Scamp – sixteen (16) inches (total length). 100.20 Yellowmouth, Rock Hind, Red Hind Grouper – no minimum length. 100.21 Misty, Snowy Yellowedge, Warsaw, Speckled Hind Grouper – no minimum length. 100.22 Gray Triggerfish – fourteen (14) inches (fork length). 100.23 Hogfish (lachnolaimus maximus) – fourteen (14) inches (fork length). 100.24 Greater Amberjack – thirty-six (36) inches (fork length). 100.25 Lesser Amberjack and Banded Rudderfish – may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length. 100.26 Bigeye Tuna (Thunnus obesus) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 100.27 Yellowfin Tuna (Thunnus albacares) – twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length). 100.28 Small Coastal Sharks – twenty-five (25) inches total length 100.29 Large Coastal Sharks – thirty-seven (37) inches total length 101 It shall be unlawful for commercial fishermen to possess any of the following species of sharks: 101.01 Sand Tiger (Odontaspis taurus) 101.02 Bigeye Sand Tiger (Odontaspis noronhai) 101.03 Whale (Rhincodon typus) 101.04 Basking (Cetorhinus maximus) 101.05 White (Carcharodon carcharias) 101.06 Dusky (Carcharhinus obscurus) 101.07 Bignose (Carcharhinus altimus) 101.08 Galapagos (Carcharhinus galapagensis) 101.09 Night (Carcharhinus signatus) 101.10 Caribbean Reef (Carcharhinus perezi) 101.11 Narrowtooth (Carcharhinus brachyurus) 101.12 Caribbean Sharpnose (Rhizorionodon porosus) 101.13 Smalltail (Carcharhinus porosus) 101.14 Atlantic Angel (Squatina dumerili) 101.15 Longfin Mako (Isurus paucus) 101.16 Bigeye Thresher (Alopias superciliousus) 101.17 Sevengill (Heptranchias perlo) 101.18 Sixgill (Hexanchus griseus) 101.19 Bigeye Sixgill (Hexanchus vitulus) 101.20 Sandbar (Carcharhinus plumbeus) sharks may only be possessed by fishermen possessing a research fishery permit issued by the National Marine Fisheries Service. 101.21 Silky (Carcharhinus falciformis) 102 It shall be unlawful for any commercial fishermen to possess any Cobia smaller than thirty- six (36) inches fork length or to possess more than a daily bag limit of two (2) Cobia per person. 103 It shall be unlawful for any commercial fisherman, person, firm or corporation, to sell, barter or trade any species of reef fish (identified in Chapter 09 Sections 100.08 through 100.25) without possessing the proper federal permits and/or licenses required by the NOAA Gulf of Mexico Reef Fish Fishery Management Plan and complying with any other conditions set forth by federal or state regulations for the management of the identified reef fish. 104 It shall be unlawful for any commercial fisherman, person, firm or corporation, to possess or harvest from Mississippi territorial waters, in excess of three thousand pounds (3,000) of King Mackerel, per vessel, per trip, per day. 105 It shall be unlawful for person, firm, or corporation to sell or purchase the following species of billfish without the proper federal documentation: Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus), and Sailfish (Istiophorus platypterus). 106 From and after January 1, 2012 the annual Total Allowable Catch (TAC) for commercial landings of flounder (Paralicthys sp.) will be set at seventy-four thousand (74,000) pounds. The 2012 commercial fishing season for landing flounder shall commence on January 1, 2012 and end December 31, 2012. Thereafter, the TAC shall commence on January 1 and end on December 31 of each subsequent year. The commercial fishing season for the current season will run from October 1, 2010 to December 31, 2011 and the TAC will be set at ninety-two thousand five hundred (92,500) pounds. 107 From and after October 1, 2015 the annual Total Allowable Catch (TAC) for commercial landings of Red Drum (Sciaenops ocellatus) will be set at sixty thousand (60,000) pounds. The TAC shall commence on January 1st and end on December 31st of each year. The commercial TAC for the fishing season shall be divided into three four month periods as follows: January 1st – April 30th twenty thousand pounds (20,000); May 1st – August 31st twenty thousand pounds (20,000); September 1st – December 31st twenty thousand pounds (20,000). In the event the commercial TAC is not met or exceeded in any time period, the pounds shall be added or subtracted to the following time period. 108 From and after February 1st, 2013 the annual Total Allowable Catch (TAC) for commercial landings of Spotted Seatrout (Cynoscion nebulosus) will be set at fifty thousand (50,000) pounds. The 2015 commercial fishing season for landing Spotted Seatrout shall commence on February 1st, 2015 and end October 31, 2015 and each subsequent year thereafter. The commercial TAC for the fishing season shall be divided into two periods as follows: February 1st – May 31st twenty-five thousand pounds (25,000); June1st – October 31st twenty- five thousand pounds (25,000). In the event the commercial TAC is not met or exceeded in the first time period (February 1st – May 31st) the pounds shall be added or subtracted to the second time period (June1st – October 31st). 109 Beginning January 1, 2019 individuals commercially harvesting Spotted Seatrout (Cynoscion nebulosus) must possess a Spotted Seatrout endorsement ($10.00) in addition to a current applicable harvester’s license. To qualify for this endorsement an application must be completed. For the 2019 fishing season the fisher must present documentation that a minimum of twenty (20) percent of their taxable income came from commercial fishing activities in a previous tax year between 2013-2018. Documentation shall be a copy of the appropriate filed IRS tax form showing the applicant’s taxable income for one of those years. A Marine Fisheries Trip Ticket officer will then run a sales summary for the year chosen using trip tickets to determine if the eligibility requirement has been met. This endorsement will be valid for a one-year period at which time a new application with qualifying documents for the previous tax year shall be submitted for a new endorsement. The endorsement will be valid from January 1st – December 31st each year. In the event of a hardship approved by the Commission, the department may consider qualifying documents for the two years prior to the onset of the hardship. 110 The following provisions are provided to address safety concerns and allow fishermen to have another individual on board in case of an emergency. For commercial hook and line fishermen, if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement; however, that fisherman is required to possess an applicable commercial harvester’s license. If two or more commercial hook and line fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement. For net fishermen, the vessel must possess a valid fishing boat license and if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement. If two or more net fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement. 111 It shall be unlawful for any commercial fisherman to possess a daily bag limit of more than three (3) Tripletail per person. 112 If any person, firm, or corporation, barters, sells, offers to sale or transports for sale or possesses for sale in the State of Mississippi any species of fish under the lengths or for which the fishing season is closed as prescribed in Title 22 Part 7 said person, firm or corporation shall possess valid documentation from the state or country of origin evidencing that the fish were legally harvested. 113 Beginning January 1, 2020, any individual or vessel commercially harvesting small coastal or large coastal sharks in Mississippi’s territorial waters must possess a MDMR shark endorsement (10.00) in addition to a current applicable harvester license. In addition, all individuals applying for a shark endorsement must be a Mississippi resident and present documentation of the successful completion of a MDMR approved shark identification exam and protected species safe handling workshop. The open season in Mississippi territorial waters for the commercial harvest of sharks shall run concurrent with federal shark seasons for the Western Gulf of Mexico Sub-Region. 113.01 The practice of “finning”, that is, removing only the fins and returning the remainder of the shark to the sea is unlawful. All sharks commercially harvested in Mississippi state territorial water must be landed in whole form with fins naturally attached by at least some portion of uncut skin. Sharks may be gutted prior to landing. 113.02 It shall be unlawful for any commercial fisherman to possess a daily bag limit of more than twenty-five (25) small and large coastal sharks in aggregate per vessel per day. 114 It shall be unlawful for any person, firm, or corporation, to barter, sell, offer for sale or transport for sale or possess for sale Atlantic Tarpon (Megalops atlanticus). 115 It shall be unlawful for any commercial fishermen to possess any Atlantic Tarpon smaller than seventy-five (75) inches fork length or to possess more than a daily bag limit of one (1) Atlantic Tarpon per vessel. Chapter 10 Unlawful to Sell or Buy Recreational Caught Fish 100 It shall be unlawful for recreational fishermen to sell or offer for sale any seafood caught in or landed in the State of Mississippi and only licensed commercial fishermen may catch and sell seafood. Furthermore, it shall be unlawful for any person, firm or corporation to purchase, buy, barter for, or trade for any seafood caught in or landed in the State of Mississippi that was caught or landed by a recreational fisherman, or that was transported into the State of Mississippi by a recreational fisherman. 101 It shall be unlawful for any person, firm or corporation to transport or deliver any recreationally caught finfish into a building or structure used by any commercial business or establishment that buys, sells or processes finfish. Furthermore, it shall be unlawful for any commercial business or establishment that buys, sells or processes finfish to receive or possess recreationally caught finfish. 102 The commission may issue special permits, for the purpose of possessing recreationally caught mullet (Mugil sp.) in a building or structure used by any commercial business or establishment that buys, sells or processes seafood, to those nonprofit organizations that are tax exempt under Section 501 (c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. A copy of this permit must be possessed by the commercial business or establishment. Chapter 11 Bluefin Tuna Possession Restrictions 100 It shall be unlawful for any person, firm, or corporation to take, catch, or have in possession any Atlantic Bluefin Tuna in the waters of the State of Mississippi except for incidental catches by recreational fishermen. 101 It is unlawful for landings of incidental catches of Atlantic Bluefin Tuna by recreational fishermen to exceed one (1) fish per boat per week, and landings must be reported to the Mississippi Department of Marine Resources. Chapter 12 Fish Unlawful to Possess 100 It shall be unlawful for any person, firm, or corporation to take, catch, or have in possession any Goliath Grouper (Epinephelus itajara), Nassau Grouper (Epinephelus striatus), Longbill Spearfish (Tetrapturus pfluegeri), Smalltooth Sawfish (Pristis pectinata), or Largetooth Sawfish (Pristis perotteti) in the waters of the State of Mississippi. Chapter 13 Trotline Regulations 100 Anyone trotline fishing south of Interstate 10 shall be registered with the DMR and be issued a unique number that is to be attached along with the fisherman’s name to both ends of the trot line in indelible ink on corrosion resistant tags so that it is readable by DMR personnel. If name and number is not attached to both ends and readable by DMR personnel and tending the bottom, the line will be deemed illegal and may be confiscated by DMR personnel. Additionally, a Marine Patrol Officer will issue a ticket to anyone operating an illegal trotline. 101 From and after January 1, 2020 both recreational and commercial trotline tags shall be renewed on an annual basis. Trotline tags will be valid from January 1st – December 31st of each year. Chapter 14 Set Pole and Line Regulations 100 Anyone set pole and line fishing must be on-site and attending their gear from a distance of no greater than fifty (50) feet and be available to move gear to allow for safe navigation. 101 Illegal to use a set pole and line with more than one (1) hook. 102 Illegal for any individual to use more than ten (10) set poles and lines in any marine waters south of Interstate 10. Chapter 15 Gear Restriction in Reef Areas 100 In the permitted reef areas bounded by the below coordinates it shall be illegal to fish with more than three (3) hooks per line or to use spear fishing gear equipped with power heads. 100.01 FH 4 - 3010.600/-8854.100,3010.245/-8854.100, 3010.600/-8853.600, 3010.395/- 8853.600 100.02 FH 8 3016.100/-8857.600,3015.900/-8857.600, 3016.100/8857.800,3015.900/8857.800 100.03 FH 9/11 – 3016.000/-8853.600, 3015.300/-8853.600, 3016.000/- 8854.300, 3015.300/-8854.300 100.04 FH 10 - 3016.00/-8838.900,3015.860/-8838.900, 3016.000/-8839.000, 3015.860/- 8839.000 100.05 FH 14 - 3012.440/-8849.499, 3012.200/-8849.499, 3012.440/-8849.720, 3012.200/-8849.720 100.06 Cat Island Reef - 3012.282/-8904.899, 3012.053/-8905.068, 3012.152/-8904.631, 3011.929/-8904.790 Chapter 16 Penalties 100 Any person, firm, or corporation violating any of the provisions of Title 22 Part 7 shall be guilty of a misdemeanor and on conviction shall be penalized as provided by law. Violations of more than one (1) section or subsection of this Title 22 Part 7, or part thereof, shall be considered separate offenses and punished as such. Chapter 17 Sections and Subsections Declared Separable 100 Each section and subsection of Title 22 Part 7 shall be declared separable, and if any section or subsection or part thereof shall be held invalid or unconstitutional, the balance of said Title 22 Part 7 shall remain in full force and effect. Chapter 18 Administrative Procedures Act 100 Pursuant to the amendments to the Administrative Procedures Act, Section 25 43-101.1, et seq., of the Mississippi Code of 1972, and the rules and regulations promulgated pursuant thereto by the Secretary of State; the former Ordinance 7.0029 has been modified and the commission and department 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 7 REGULATIONS TO PROVIDE SIZE LIMITS AND BAG LIMITS ON CERTAIN FISH SPECIES AND TO PREVENT SALE OF SEAFOOD BY RECREATIONAL FISHERMEN, shall be in effect and be in force from and after the 18th day of June 2020. Adopted this the 19th day of May 2020. MISSISSIPPI COMMISSION ON MARINE RESOURCES By: __/S/ Mark H. Havard________________________________ Mark H. Havard, III, Chairman MISSISSIPPI DEPARTMENT OF MARINE RESOURCES By: ___/S/ Joe Spraggins________________________________ Joe Spraggins, Executive Director