Mississippi Administrative Code
Chapter 4 - Harvesting, Landing and Transfer of Molluscan Shellfish
Rule 22-1-4.2 - Harvesting Molluscan Shellfish from Public Reefs

Universal Citation: MS Code of Rules 22-1-4.2

Current through December 27, 2021

A. All molluscan shellstock taken from public reefs by any person, firm or corporation must measure three (3) inches or more from end to end. End to end measurement is the greatest length from the hinge to the bill. It is unlawful for any person, firm, or corporation to purchase, sell or possess molluscan shellfish harvested from public reefs that are under the legal-size limit.

B. Any person, firm or corporation harvesting molluscan shellfish on public reefs must first register on the day of harvest at a check station drop box in the area where harvesting will occur.

1. Check stations will operate from 7:00 a.m. to 4:00 p.m. local time when the area is open for harvest or until the final harvester that checked in for the day has checked out.

2. All shellfish harvesting activities must cease prior to 4:00 p.m. each day and all fishermen must be checked out at the appropriate check station by 4:00 p.m. If a harvester does not return to a check station by 4:00 p.m., all shellfish harvested that day will be confiscated by an MDMR Authority.

3. All harvesters must check out at the same designated check station where they checked in.

4. Any exception to these conditions due to unforeseen circumstances must have prior approval by an MDMR Authority.

C. All molluscan shellfish must be properly tagged immediately upon landing on the date of harvest.

D. All shellstock must be packed in clean containers before the boat or vessel leaves the natural reef from which they were harvested.

E. Molluscan shellstock must be culled.

1. Harvesters must immediately scatter and broadcast evenly, all dead shells, small oysters, and oysters in excess of the daily sack limits onto the natural reefs from which they are taken.

2. A ten percent (10%) tolerance by number is allowed in relation to any culling. The ten percent (10%) tolerance is determined from a representative sample of ten percent (10%) of the total catch.

F. It is unlawful to transfer molluscan shellfish from one vessel to another vessel, until the vessels have been checked out at the appropriate check station.

G. While engaged in the harvest of molluscan shellfish, it is unlawful for any boat or vessel to tow or to be tied to any other boat or vessel licensed for shellfish harvesting.

H. It is unlawful for any boats or vessels engaged in the harvest of molluscan shellfish to fail to be continuously manned by a qualified person capable of operating the boat or vessel from the time of check-in for the day until the time of check-out.

I. Upon registration, while harvesting, or upon check-out, each person may be required to show their license to an MDMR Authority.

J. It is unlawful for any harvester engaged in harvesting molluscan shellfish on a tonging reef to have an oyster dredge on board the boat or vessel.

22 Miss. Code. R. § 1-4.2

Miss. Code Ann. §§ 49-15-15, 49-15-36, 49-15-38, 49-15-39, 49-15-303, 49-15-304; NSSP Model Ordinance §§ II-VIII, III-VIII, IV-II

Adopted August 22, 2021

This section was updated on 7/28/2021 by overlay.

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