Mussels

Miss. Code Ann. tit. 49, ch. 9
in effect

Miss. Code Ann. § 49-9-1 Definitions.

As used in this chapter, the following words shall have the meanings ascribed to them in this section: “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Department” means the Department of Wildlife, Fisheries and Parks. “Director” means the executive director of the department. “Exporter” means a person, firm or corporation who buys or obtains mussels from mussel harvesters or buyers for export from Mississippi. “Mussel,” means and embraces the pearly fresh water mussel, clam, or naiad, and the shells thereof. “Mussel Abatement Program” means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.

Miss. Code Ann. § 49-9-3 Mussels to be owned by state.

The ownership and title of all mussels found in or upon the fresh water bottoms within this state, is hereby declared to be vested in the state.

Miss. Code Ann. § 49-9-5 Unlawful to take; when.

It is unlawful for any person to take, catch or kill mussels by means of any kind of apparatus or in any manner whatsoever in any of the fresh waters of this state without first having secured a license or permit issued in accordance with this chapter. It is unlawful for any person to take from any of the fresh waters of this state any kind of mussels in any manner for the purpose of culture or scientific investigation, without first obtaining a permit from the commission. It is unlawful for any person to take mussels by means of dredges, drags or scoops, other than hand tongs.

Miss. Code Ann. § 49-9-7 License fees.

Any resident, except any company, commercial operation or farm which operates a mussel abatement program, desiring to catch, take or kill mussels in any of the fresh waters of this state except as provided for by subsection (2) of Section 49-9-5, shall apply to the commission, and pay a fee in the sum of Seven Hundred Fifty Dollars ($750.00). Any person desiring to purchase mussel shells as mussels in the shell shall apply to the commission accompanied by a fee of Two Thousand Five Hundred Dollars ($2,500.00). A nonresident desiring to catch, take or kill mussels in any fresh water of this state except as provided by subsection (2) of Section 49-9-5, shall apply to the commission, and pay a fee of not less than Two Thousand Dollars ($2,000.00). A nonresident from a state which does not issue a nonresident mussel license shall be prohibited from obtaining a nonresident license from this state.

Miss. Code Ann. § 49-9-9 License.

The director shall, upon receipt of the proper application provided for in Section 49-9-7, and the proper fee, issue a license to catch, take or kill mussels. All licenses issued shall be good from the date of issuance to the first day of July following such issuance. Licenses shall be consecutively numbered as issued and a record shall be kept thereof in the office of the department. Such license shall state whether it is a resident or a nonresident license, the address of the licensee, and the amount paid for the license. The license shall also state what waters have been closed to the capture of mussels by the commission. Every person while taking, catching or killing mussels shall have such license in his possession and shall exhibit the same when requested to do so by an authorized officer.

Miss. Code Ann. § 49-9-10 Exporters to pay severance fees; surety bonds.

Any exporter shall pay to the department a severance fee of an amount not to exceed one-tenth (1/10) of the value of the shells. The severance fee payments shall be made on the forms and in the manner prescribed by the commission. The exporter shall file a surety bond of Five Thousand Dollars ($5,000.00) with the department.

Miss. Code Ann. § 49-9-11 Deposit of collected monies in game and fish protection fund.

The executive director shall keep a record of all applications and licenses issued by him and on the first day of each month shall deposit all monies collected under this chapter into the Game and Fish Protection fund. All monies thus collected and deposited shall be used to administer the mussel program by the department and the executive director for the enforcement of this chapter, and the game and fish laws of this state, for propagation and for biological investigation, and such other investigations as may be necessary.

Miss. Code Ann. § 49-9-13 Regulation of mussel beds; taking of mussels; notice.

The commission shall make such requirements and regulations governing the operations of boats and equipment in the taking of mussels as it may deem best for the proper enforcement of this chapter. To prevent the depletion of the mussel beds and to insure proper propagation of the mussels, the commission may close any beds to operators at any time and for such length of time as it deems necessary. During such closed season on any bed, no one shall take mussels therefrom. When an order is issued closing any mussel bed, notice shall be given as required by law.

Miss. Code Ann. § 49-9-15 Hearings; notice; rules and regulations.

The commission shall set hearings at such times and places, after having given thirty (30) days notice thereof by publication in some newspaper published in the State of Mississippi of general circulation within the state, at which hearings evidence shall be received in regard to the operation of boats and equipment in the taking of mussels in the fresh waters of this state. After such hearings, the commission shall issue reasonable rules and regulations in regard to same, and if the evidence so indicates, shall, in order to prevent the depletion of mussel beds and to insure the proper propagation of mussels, adopt such regulations as it deems necessary.

Miss. Code Ann. § 49-9-17 Penalties.

Any person, firm, or corporation, violating this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined twice the fee for the required license, or be imprisoned not more than three (3) months, or both, and shall forfeit any license issued by the department for a period of not less than twelve (12) consecutive months from the date of conviction. Any violator whose license has been revoked and who is apprehended for taking mussels during the twelve-month period of revocation shall be imprisoned not less than thirty (30) days nor more than six (6) months.

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