SEC. 49-15-39. Dredging limits; reefs reserved for tonging.
It shall be unlawful for any person to catch or take oysters by means of dredging in any of the following waters in the State of Mississippi:
(a) The Bay of Biloxi, except as provided in section 49-15-37.
(b) Waters of the Bay of St. Louis north of the Louisville and Nashville Railroad Company's bridge, except as provided in section 49-15-37.
(c) In the limits beginning at a point one (1) mile from shore in the City of Bay St. Louis at the Louisville and Nashville Railroad Company's bridge, thence southerly following the meanderings of the shore along Bay St. Louis and Waveland one and one-quarter (1 1 /4 ) miles therefrom to the head of Waveland Avenue in the Town of Waveland; thence westerly to the shore at the head of Waveland Avenue, except as provided in section 49-15-37.
(d) In the limits beginning at a point on the Mississippi seashore at Jeff Davis Avenue, in Long Beach, and extending south a distance of one and one-quarter (1 1 /4 ) miles; thence west, following the meanderings of said seashore one and one-quarter (1 1 /4 ) miles distant from same to the western corporate limits of the City of Pass Christian; thence north to the seashore at the head of Boisdore Avenue in said city.
(e) In the limits lying east of a line projected from the west bank of the mouth of Bayou Graveline in Jackson County to Round Island lighthouse and north of a line projected due east from Round Island lighthouse to the Mississippi-Alabama line, except as provided in section 49-15-37.
(f) In the limits described as follows: Commencing at the red beacon maintained by the United States governmental authorities offshore in the vicinity of the southern terminus of Church Street in the City of Pass Christian, Harrison County, Mississippi; from such red beacon running due south to a point two and one-half (2 1 /2 ) miles south of the shore line of the Mississippi Sound or Gulf of Mexico; thence running in an easterly direction, following the meanderings of the shore line to a point due south of the red beacon maintained by the United States governmental authorities situated in the vicinity of the southern terminus of Davis Avenue in the City of Pass Christian; thence running north to the red beacon situated near the southern terminus of Davis Avenue, thence running in a westerly direction to the place of beginning; that is to the red beacon situated near the southern terminus of Church Street.
(g) In the limits lying within one (1) mile from the shore line of the Gulf of Mexico or Mississippi Sound within the boundaries of a line extending due south from the foot of Jeff Davis Avenue in Long Beach for one (1) mile distance; thence easterly one (1) mile south of the meanderings of the Gulf of Mexico or Mississippi Sound to a point one (1) mile south of the Biloxi lighthouse in Biloxi, Mississippi. Also in the limits lying north of a point on the east end of Deer Island running thence east to a point one (1) mile south of Bayou Graveline in Jackson County, Mississippi. Also in the limits beginning at a point one (1) mile from shore in the City of Bay St. Louis at the Louisville and Nashville Company's bridge, thence southerly for a distance of one (1) mile, thence in an easterly direction following the meanderings of the shore line along Henderson Point and Pass Christian and one and one-quarter (1 1 /4 ) miles therefrom to a point one and one-quarter (1 1 /4 ) miles south of Boisdore Avenue in the City of Pass Christian.
(h) It shall be the duty of the commission to mark the boundaries of the areas above designated by appropriate poles, stakes or buoys of such material as will not injure watercraft, and such boundaries, when so designated by the commission, shall be final unless shown to be incorrect by a proceeding which may be brought by any person interested in the chancery court of the county adjacent thereto.
(i) In the event any boat or vessel shall be found catching or taking oysters by means of dredges, drags or scoops, other than hand tongs, from any of the areas described in this section, or with a dredge or dredges in the water, then and in that event, all oysters then on board such boat or vessel be and the same are hereby declared to be contraband and shall be taken and confiscated by the commission or any of its inspectors without court procedure, and the captain and crew of such boat or vessel, promptly upon being ordered so to do, shall transport such oysters to a point on the public reefs of the state where such boat or vessel is found and there scatter the same in accordance with instructions of such inspectors. For failure of the captain and crew of any boat to comply with such instructions such captain and all members of the crew shall be guilty of resisting an officer and punished as for a violation of this chapter and no permit or license shall issue under the laws of Mississippi, within twelve (12) months thereafter, to operate any boat on which such captain or any member of such crew may be employed.
SOURCES: Codes, Hemingway's 1917, Sec. 6162; 1930, Sec. 6880; 1942, Sec. 6075-12; Laws, 1913, ch. 4; 1926, ch. 295; 1944, ch. 287, Sec. 3; 1950, ch. 553; 1958, ch. 195, Sec. 52; 1977, ch. 463, Sec. 4, eff from and after passage (approved April 13, 1977).
1997 Amendment
SECTION 2. Section 49-15-39, Mississippi Code of 1972, is amended as follows:
49-15-39. (1) It is unlawful for any person to catch or take oysters by means of dredging in any of the * * * waters designated as tonging reefs by the commission.
* * *
(2) * * * The commission shall designate certain areas as tonging reefs. The commission * * * shall mark the boundaries of the areas * * * designated by appropriate poles, stakes or buoys of * * * material that will not injure watercraft, and the boundaries, when * * * designated by the commission, shall be final unless shown to be incorrect by a proceeding which may be brought by any person interested in the chancery court of the county adjacent to the area.
(3) If any boat or vessel * * * catches or takes oysters by means of dredges, drags or scoops, other than hand tongs, from any of the areas described in this section, or with a dredge or dredges in the water, then * * * all oysters * * * on board the boat or vessel * * * are hereby declared to be contraband and shall be taken and confiscated by the department or any marine law enforcement officer without court procedure. * * * The captain and crew of the boat or vessel, promptly upon being ordered so to do, shall transport the oysters to a point on the public reefs of the state where the boat or vessel is found and there scatter the oysters according to the instructions of the enforcement officers. * * * Any person who violates this section shall be punished as provided in Section 49-15-63. * * *
SOURCE: 1997 Laws, Chapter 399, Sec. 2, SB2777, Effective March 18, 1997.