Mississippi Digest of Freshwater Commercial Fishing Laws and
Transcription
Mississippi Digest of Freshwater Commercial Fishing Laws and
Mississippi Digest of Freshwater Commercial Fishing Laws and Regulations HIGHLIGHTS OF CHANGES MADE IN AUGUST 2008: • • • • REQUIREMENTS FOR HELPER MUST REPORT HARVEST LICENSE REQUIRED TO SELL NON-NATIVE FISH SPECIAL PERMITS REQUIRED TO HARVEST PADDLEFISH Persons fishing freshwater commercial fishing gear and/or selling the following non-game gross fish and non-native fish from all freshwaters of Mississippi, except in those waters closed to the use of freshwater commercial fishing gear, must possess a Freshwater Commercial Fishing License. channel catfish blue catfish flathead catfish freshwater drum smallmouth buffalo bigmouth buffalo black buffalo alligator gar spotted gar bowfin gizzard shad silver carp common carp yellow bullhead brown bullhead black bullhead river carpsucker quillback highfin carpsucker blacktail redhorse shortnose gar longnose gar american eel threadfin shad bighead carp grass carp threadfin shad gizzard shad THE FOLLOWING PERSONS ARE REQUIRED TO POSSESS A COMMERCIAL FISHING LICENSE: 1) Any person engaged in fishing for commercial purposes and selling nongame gross fish at retail or wholesale or shipping these fish to markets and dealers; 2) each person buying or handling nongame gross fish secured from commercial fisherman or others for the purpose of resale; 3) each resident shipping nongame gross fish not their own catch out of the State of Mississippi is considered a wholesale dealer; 4) nonresident dealers who buy nongame gross fish from fisherman or resident dealers for the purpose of resale; 5) any nonresident bringing nongame gross fish into the state from another state for the purpose of resale to a wholesale or retail dealer; 6) each person engaged in buying and selling nongame gross fish as a wholesale dealer's agent, and not selling on the open market; 7) any person, firm or corporation that sells minnows to others for resale (except those Mississippi residents who raise minnows on their own property); 8) any person selling minnows taken from public streams 9) any person who takes nongame gross fish with nets, seines, or traps (slat baskets are considered traps) for personal use and person who takes common snapping turtles. Such persons and firms listed above must have one or more of the following licenses: Freshwater Commercial Fishing License Types Cost Resident Fishing License ........................................$30 Nonresident Fishing License ..................................$200 Slat Basket License (for each basket) ....................$30 Slat Basket Tag (for each basket) ............................$3 Commercial Fishing Equipment Tag........................$3 Agent & Processing fees apply. Note: Prices subject to change without notice. Licenses are valid 365 days from the date of purchase. Paddlefish harvest requires special permits. It is unlawful to procure a license under an assumed name or in which an address other than legal place of residence is given, or to make false statements in making application for license or to lend or transfer or borrow or use the license of another. HELPER - A person holding a freshwater commercial fishing license can be assisted, while in the direct immediate presence of the licensed person, by a helper who has any valid license issued by the Mississippi Department of Wildlife Fisheries & Parks. Helpers can not sell, resell or ship for sale nongame gross fish or non native fish. 2 FRESHWATER COMMERCIAL FISHING GEAR A person must possess a commercial fishing license to fish trotlines with more than 100 hooks in aggregate, gill nets, trammel nets, hoop nets, or slat baskets. A slat basket license is required for each basket in addition to a commercial fishing license. TROTLINES - Season - throughout the year in open areas. Hooks must be tied at least 24 inches apart so they cannot slip together. No trotlines or throw lines shall exceed 1,000 feet. A commercial fishing equipment tag shall be attached within 5 feet of one end of the mainline of each trotline. SNAG LINES are prohibited statewide HOOP NETS or BARREL NETS - Season - throughout the year in open areas. Mesh size - minimum of 3 inch square measure. Twine or cord only. Leads - maximum of seven per fishermen, 35 yards in length for each of 2 barrel nets used (Section 49-7-9), made of three (3) inch square mesh, No. 15 twine or bigger and treated. Hearts may be used only between the main levees of the Mississippi River. Hoop nets or barrel nets must be set at least 100 yards apart (Section 49-7-81) EXCEPT in areas where nets may be fished on each end of a lead, as such this constitutes one set and each set must be 100 yards apart. Legally licensed residents of Mississippi fishing barrel nets and/or hoop nets in Mississippi waters, which are a common boundary between Mississippi and another state (oxbow lakes included) may use a mesh size which is the same mesh size allowed in the other state. EXCEPT, leads, hearts and wings are prohibited in Mississippi waters when attached to barrel or hoop nets with minimum square mesh of less than three (3) inches. A commercial fishing equipment tag shall be attached to the front hoop (opposite from catch area) on each net. TRAMMEL NETS and GILL NETS - Season - throughout the year in open areas with a minimum mesh of four (4) inches square measure may be fished statewide EXCEPT that a minimum of three (3) inch mesh square measure gill 3 and trammel nets may be used in the main channels of the Mississippi and Pearl Rivers, Pickwick Lake, and in lakes and streams where the Mississippi/Louisiana stateline occurs, including any public waters that are within the overflow of the Mississippi River along the MS/LA border. A minimum of 3.5 inch mesh square measure gill and trammel nets shall be used in the border waters between Mississippi and Arkansas, including the main channel of the Mississippi River and all public waters between the main levees of the Mississippi River where it is the state line between Arkansas and Mississippi (PN 3672). Nets must be set at least 100 yards apart (Section 49-7-81) and no nearer than 20 yards to piers. Maximum length shall be 3,000 feet. Gill nets and trammel nets of any material other than mono or multi filament twine are unlawful in freshwater. A commercial fishing equipment tag shall be attached to one end of the float line of each gill or trammel net. SLAT BASKETS - Season - throughout the year in open areas. Any person using a slat basket shall pay a license of THIRTY DOLLARS ($30.00) per basket per annum in addition to a commercial licenses. Slat baskets are defined as commercial fishing devices used solely for the capture of catfish. Slat baskets shall be made entirely of wood and/or plastic slats in a boxlike or cylindrical shape. Slat baskets shall not exceed six (6) feet in length nor exceed fifteen (15) inches in width and height or diameter, may have no more than two (2) throats, and must have at least four (4) slot openings of a minimum one and one-half (1.5 ) inches by twenty-four (24) inches evenly spaced around the sides of the catch area. The one and one half (1.5 ) inch wide slots must begin at the rear of the basket and run twenty-four (24) inches toward the throat end of the basket. Slat baskets shall be placed at least one hundred (100) yards apart and may not be used with any form of leads, netting or guiding devices. ANY PERSON using a slat basket in Mississippi waters must purchase a Mississippi slat basket license and a Mississippi slat basket tag for each slat basket. The tag shall be attached to the front end of the basket. Slat baskets may be fished statewide except where specifically prohibited (see “Waters Closed to All Types of Commercial Fishing Gear” section). A violation of the slat basket provisions shall be a Class 1 violation. 4 SEINES - The use of seines is prohibited for all non-game gross fish, including shad. TAGGING REQUIREMENTS ON BORDER WATERS All commercial fishing gear must be tagged on those border lakes and waters that are part of the reciprocal agreements between Mississippi & Louisiana (Public Notice 2358) and Mississippi & Arkansas (Public Notice 3672). Commercial fishing gear (except slat baskets) fished by nonresidents in Mississippi waters specified in those reciprocal agreements must either tag their gear with the type of tag specified in the state where they are licensed or purchase a Mississippi commercial fishing equipment tag issued by the Mississippi Department of Wildlife, Fisheries & Parks. ANY PERSON using a slat basket in Mississippi waters must possess a valid Mississippi Department of Wildlife, Fisheries & Parks slat basket license and slat basket tag for each basket. LENGTH LIMITS AND CREEL LIMITS FOR COMMERCIAL FISHING It is unlawful for any person to offer for sale undersized nongame gross fish as set out and classified herein and it is unlawful to take or to possess non-game gross fish commercially below the following total lengths: Species Total Dressed Creel Length Length Limit Buffalo..................16 inches........12 inches......No limit Flathead Catfish ..16 inches........12 inches......No limit Other Catfish ........12 inches........9 inches........No limit Alligator Gar......................................................2 per day Sturgeon................No harvest Paddlefish ............Special regulations (PN 3798) On reciprocal border waters with Alabama, Arkansas, and Tennessee no more that ONE catfish (blue catfish, channel catfish or flathead catfish) greater than 34 inches may be in possession by commercial fishermen MEASURING FISH Total length is measured with a flatboard with fish mouth closed and tail squeezed to give the maximum overall length. 5 RESTRICTED SPECIES GAME FISH - All game fish caught in freshwater commercial fishing equipment shall be returned to the water immediately (Section 49-7-83). It is unlawful for any fish dealer to buy, sell, offer to buy or sell, or knowingly have in possession any game fish (Section 49-7-89). It is unlawful for any person to sell, offer for sale or exchange any game fish whether taken within or coming from without the state (Section 49-7-87). PADDLEFISH – Special permits are required to take paddlefish or to sell paddlefish roe: See public Notice 3798. Illegal possession of paddlefish or paddlefish parts is a Class I violation. STURGEON - All Mississippi waters are closed to the commercial harvest of all sturgeon species (Alabama shovelnose sturgeon, Gulf sturgeon, Pallid sturgeon, and Shovelnose sturgeon). MUSSELS - All Mississippi waters are closed to the commercial harvest of mussels (Public Notice 3361). TURTLES – The harvest, possession, shipment, sale and transport of turtle or tortoise eggs of any species is prohibited (Public Notice 2552). COMMON SNAPPING TURTLES can be harvested by persons with a commercial fishing license and a commercial common snapping turtle permit obtained from the Department. Commercially harvested common snapping turtles must have a carapace length of a least 12 inches. (Public Notice 3201). NON-GAME wildlife (turtles, snakes, frogs, fish, etc.) or their parts taken from wild Mississippi populations may not be bought, sold, offered for sale or exported for sale (Public Notice 3201). RESTRICTIONS ON FISHING It is unlawful to: ■set any freshwater commercial fishing equipment so that it extends more than half way across any stream, channel, drain or any other body of water. (Section 49-7-81); ■drive or attempt to drive fish into any freshwater commercial fishing gear by any means; 6 ■possess both sport and commercial gear when engaged in fishing or out on a water body; ■raise or run or take fish from any legal freshwater commercial fishing gear which is not tagged in your name with out permission of the owner; ■sell, offer for sale or exchange any game fish whether taken within or coming from outside the state (Section 49-7-51); ■see list of “Waters Closed to All Types of Commercial Fishing Gear”. BAIT AND MINNOWS TAKE The use of minnow seines in any of the public lakes in Mississippi and in certain waters below the flood control reservoir dams is prohibited. MINNOW SEINES totaling no more than 25 feet in length and four (4) feet in depth and/or MINNOW TRAPS or jars constructed of glass, plastic, non metallic or wire mesh not more than 30 inches in length and 12 inches in diameter having no wings or leads and having an entrance no larger than one inch in diameter may be used for taking minnows. MINNOW SALES - All wholesale minnow dealers (with the exception of those Mississippi residents growing minnows on their own property, Section 49-7-29) must have a freshwater commercial fishing license to engage in the selling of minnows. All persons selling minnows taken from public streams and rivers must have a commercial fishing license. A copy of the commercial fishing license shall be carried at all times in each vehicle which transports minnows into or within the state, if such license is required. The sale of minnows at wholesale without a commercial fishing license is a Class I violation (Section 49-7-26). No minnows from public waters may be taken outside the state for sale. BAIT- Mississippi residents may use dip or landing nets, cast nets, boat-mounted scoops and wire baskets to harvest shad and minnows for personal use in sport fishing (49-7-81). Legally taken game fish may be used for bait on trotlines as long as the daily creel limit for these species is not exceeded. 7 NEW REPORTING REQUIREMENTS Any person required to purchase a commercial fishing license must report their catch and/or other activities on forms provided by Mississippi Department of Wildlife Fisheries & Parks. FINES AND PENALTIES It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission {Class I violation}. Any such hoop net, barrel net, seine, gill net, slat basket, trammel net, and/or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and shall be subject to forfeiture. Illegal gear, untagged gear and/or improperly tagged gear may be seized by Conservation Officers. Any non-resident who engages in freshwater, commercial fishing without having the required licenses is guilty of a Class I violation and punishable as provided under Section 49-7-141 and shall forfeit any equipment, gear or nets used in the offense. {Section 49-7-12(4)}. Any person convicted of a Class I violation shall be fined not less than $2,000.00 nor more than $5,000.00 and shall be imprisioned in the county jail for five days. The person shall also forfeit all hunting, trapping and fishing privileges for a period of not less than 12 consecutive months from the date of conviction. WATERS CLOSED TO ALL TYPES OF COMMERCIAL FISHING GEAR ■ In the Coldwater River from the outlet works of Arkabutla Dam downstream to the Corps of Engineers cable crossing, a distance of approximately one fourth mile. ■In the Tallahatchie River and Barrow Lake below Sardis Dam from the outlet works downstream to U. S. Highway 51 bridge crossing of said river. ■In the Yocona River from the outlet works of Enid Dam to U. S. Highway 51 bridge crossing of said river. ■In the Yalobusha River from the outlet works of Grenada Dam downstream to south bound lane of I-55 bridge river crossing. 8 ■In the Tennessee-Tombigbee Waterway (TTW) south from Hwy. 25 (Scrugg's Bridge) over the Yellow Creek embayment of Pickwick Lake in Tishomingo County all impoundments (Divide Section Canal, Bay Springs Lake, Pools E, D, C, B, and A) to the confluence of the old Tombigbee River and the navigation channel at mile marker 366.3 in Aberdeen Lake south of Amory. ■Columbus Lake, in Monroe County from the Aberdeen Lock and Dam downstream to mile marker 355.5, locally known as "Morgan's Landing Boat Ramp", including the river channel bendways. ■Aliceville Lake, in Lowndes County from Columbus Lock & Dam downstream to mile marker 328 at the junction of the navigation channel and the mouth of Luxapalila Creek, including the river channel bendways. ■Ross Barnett Reservoir from the Main Dam upstream to Lowhead Dam near Ludlow, Mississippi. ■Pearl River below Ross Barnett Reservoir from the Spillway outlet to the City of Jackson's Water Works lowhead dam. ■Pearl River upstream from State Hwy 15. ■All waters of Okatibbee Reservoir. ■Muddy Bayou in Warren County from its mouth at Eagle Lake to the Muddy Bayou structure at Steele Bayou (Section 49-7-91). ■Moon Lake in Coahoma County including Phillip Bayou and Yazoo Pass in Coahoma County. ■All waters in the Bay of Biloxi/Back Bay north and west of a line extending across the Bay of Biloxi/Back Bay begin ning 100 feet north of the Highway 90 bridge and the rivers, bayous, bays, streams, lakes, inlets, and bodies of water whatsoever connecting the Back Bay Biloxi. ■Red and Black Creeks and tributaries and the water area beginning at the mouth of Dead Lake in Jackson County upstream to the origin of said creeks. ■In any connected or unconnected oxbow lake or tributary stream of the Pascagoula River where the main channel of the Pascagoula River is bordered by the Upper Pascagoula River WMA, the Lower Pascagoula WMA or the Ward Bayou WMA. 9 All waters of Bay St. Louis, which are north of a line extending from Hancock County to Harrison County, 100 feet north of the Highway 90 bridge, and the rivers, bayous, bay streams, lakes and other waters tributary to said designated part of Bay St. Louis. Bowie River and all associated oxbow lakes, tributaries and water areas upstream from it’s confluence with the Leaf River All State Fishing Lakes and State Park Lakes owned by the Miss. Dept. of Wildlife, Fisheries & Parks. The Yockanookany River between Hwy. 35 and Hwy. 429 due to high levels of PCB (PN 2735). Roebuck Lake in Leflore County is closed to commercial fishing (PN 3692) WATERS CLOSED TO THE USE OF HOOP NETS, BARRELS NETS, GILL NETS OR TRAMMEL NETS ( trotlines, throwlines, slat baskets and minnow seines may be used in these areas) The Yocona River from the U. S. Highway 51 bridge crossing of said river downstream to the Pope-Crowder Road Bridge. The Yalobusha River from south bound I-55 bridge below Grenada Dam downstream to State Highway 8 and 35 bridge crossing of said river. Bull Mountain Creek from its confluence with of Tombigbee River to Mississippi-Alabama State Line. Luxapalilia Creek from its confluence with the Tombigbee River to Mississippi-Alabama State Line. Buttahatchie River from its confluence with the TTW Navigational Channel to Mississippi-Alabama State Line. WATERS CLOSED TO USE OF HOOP NETS AND BARREL NETS Pascagoula River from the Wade-Vancleave Bridge downstream to the Hwy 90 bridge including Little River and the East and West Pascagoula Rivers and all water areas in between the East and West Pascagoula Rivers. Escatawpa River south of Interstate 10. 10 FROM APRIL 1 TO OCT. 31, COMMERCIAL FISHING WITH GILL OR TRAMMEL NETS SHALL BE CLOSED IN THE FOLLOWING RIVERS: ■Bogue Chitto River from the confluence of the East and West Bogue Chitto Creeks west of Hartman, MS down stream to the MS/LA state line. ■Chickasawhay River from Hwy 11 bridge north of Enterprise, MS downstream to it’s confluence with the Pascagoula River. ■Leaf River from I-59 bridge west of Moselle, MS down stream to it’s confluence with the Pascagoula River. ■Pascagoula River from it’s origin at the confluence of the Leaf and Chickasawhay Rivers north of Merrill, MS downstream to the Hwy 90 bridge. This includes the East and West Pascagoula Rivers and all water areas in between the two said rivers. WATERS CLOSED TO THE USE OF SLATBASKETS ■All waters in Old River Wildlife Management Area. This digest is not a complete text of the commercial fishing laws and regulations. It is furnished for use and guidance of the fisherman. (See Public Notice F5-2999 and Mississippi Code of 1972 as amended statutes 49-7-9, 49-7-81, 49-7-90; 49-7-21, 49-7-29, 49-7-45 , 49-7-83, 49-7-91, 49-7-12, 49-787, 49-7-89 and 49-7-69. HOW TO OBTAIN A COMMERCIAL FISHING LICENSE Commercial freshwater fishing licenses, slat basket licenses, equipment tags and slat basket tags can be purchased from the Jackson Office, any MDWFP District Office, and any MDWFP State Park listed in this publication by applying in person or by mail. Mail applications are available from these offices on request. All applicants must send a copy of their drivers' license and appropriate fees along with their application. Non-residents purchasing MDWFP tags must also send a copy of their resident commercial fishing license. 11 Mississippi Department of Wildlife, Fisheries & Parks Offices MDWFP License Division 1505 Eastover Drive Jackson, MS 39211-6374 Phone (601) 432-2055 MDWFP - District One 272 CR 995. Tupelo, MS 38804 Phone (662) 840-5172 MDWFP - District Two 831 CR 36 Enid, MS 38927 Phone (662) 563-6330 MDWFP - District Three 506 Hwy 43 South Canton, MS 39046 Phone (601) 859-3421 MDWFP - District Four 4025 Hatchery Dr. Meridian, MS 39307 Phone (601) 692-2776 MDWFP - District Five 304 S. Second St. Brookhaven, MS 39601 Phone (601) 835-3050 MDWFP - District Six 211 Critz St. N Wiggins, MS 39577 Phone (601) 928-3720 12 Mississippi State Parks Clarko State Park 386 Clarkco Road Quiman, MS 39355 Office: (601) 776-6651/6527 George P. Cossar State Park 165 County Road 170 Oakland, MS 38948 Office: (662) 623-7356/7372 Great River Road P.O. Box 292 Rosedale, MS 38769 Office: (662) 759-6762 Holmes County State Park 5359 State Park Road Durant, MS 39063 Office: (662) 653-3351/6888 Hugh White State Park P.O. Box 725 Grenada, MS 38902 Office: (662) 226-4934 John Kyle State Park 4235 State Park Road Sardis, MS 38666 Office: (662) 487-1345/2982 J.P. Coleman State Park 613 CR 321 Iuka, MS 38852 Office: (662) 423-6515/3025 Lake Lincoln State Park 2573 Sunset Road NE Wesson, MS 39191 Office: (601) 643-9044 13 Mississippi State Parks Lake Lowndes State Park 3319 Lake Lowndes Road Columbus, MS 39702 Office: (662) 328-2110 Lefleur’s Bluff State Park 2140 Riverside Drive Jackson, MS 39202 Office: (601) 987-3923 Legion State Park 635 Legion State Park Road Louisville, MS 39339-8803 Office: (662) 773-8323 Leroy Percy State Park P.O. Box 176 Hollandale, MS 38748 Office: (662) 827-5436 Natchez State Park 230 B Wickliff Natchez, MS 39120 Office: (601) 442-2658 Paul B. Johndon State Park 319 Geiger Lake Road Hattiesburg,MS 39401 Office: (601) 582-7721/545-5609 Percy Quin State Park 2036 Percy Quin Drive McComb, MS 39648 Office: (601) 684-3938/249-4380 Roosevelt State Park 2149 Hwy 13 South Morton, MS 39117 Office: (601) 732-6316/2849 14 Mississippi State Parks Shepard State Park 1034 Graveline Drive Gautier, MS 39553 Office: (228) 497-2244 Tishomingo State Park P.O. Box 880 Tishomingo, MS 38873 Office: (662) 438-6914 Tombigbee State Park 264 Cabin Drive Tupelo, MS 38804 Office: (662) 842-7669 Trace State Park 2139 Faulkner Road Belden, MS 38826 Office: (662) 489-2958 Wall Doxey State Park 3946 Hwy 7 South Holly Springs,MS 38635 Office: (662) 252-4231 The MDWFP is an equal opportunity employer and provider of programs and services. If anyone believes they have been subjected to discrimination on the basis of political affiliation, race, color, national origin, marital status, sex, religion, creed, age, or disability, they may file a complaint alleging discrimination with either the MDWFP, 1505 Eastover Dr., Jackson, MS 392116374, or the U.S. Equal Opportunity Commission, 1801 L. Street, N.W., Washington, D.C. 20507. Published and printed by the Mississippi Department of Wildlife, Fisheries, and Parks Revised September 2008 Supersedes all previous issues. 15