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