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2001 Mississippi Legislative Update

Craig Pake 3L

The following is a summary of coastal, fisheries, marine, and water resources related legislation enacted by the Mississippi Legislature during the 2001 session.

2001 Mississippi Laws 346. (S.B. 2442)
Approved March 12, 2001 Effective March 12, 2001

Designates the portion of the Tangipahoa River from the Mississippi-Louisiana state line to U.S. Highway 51 in Pike County, as a state scenic stream. That portion of the Tangipahoa River is now included in the state scenic stream stewardship program.

2001 Mississippi Laws 426. (H.B. 1427)
Approved March 13, 2001 Effective July 1, 2001

Amends § 53-9-3 to begin a state program for abandoned mine reclamation, which is in accord with the Federal Surface Mining Control and Reclamation Act. Under this amendment “abandoned mine lands” are those lands and waters that are affected by the mining of coal, sand, gravel, clay, and soil, before August 3, 1977. The abandoned mine must be left in a condition where there is no beneficial use, or there is no continuing responsibility under state or federal law to clean up the area, and the mine prevents beneficial use of the land or it is a danger to the health and safety of the public. This amendment gives the state government the power to take these lands over and clean them up for the public use.

2001 Mississippi Law 466. (H.B. 862)
Approved March 3, 2001 Effective July 1, 2001

Amends § 49-15-80 to require all vessels and individuals that are engaged in commercial gig fishing to an annual commercial fishing license. Under the amendment all resident commercial gig fishing vessels shall be issued an annual license for $100, all nonresident commercial gig fishing vessels shall be issued an annual license for $400. Every individual on a commercial gig fishing vessel must have an individual fishing license. The fees for the individual fishing licenses are the same as for vessels, $100 for residents and $400 for non residents.

2001 Mississippi Laws 496. (S.B. 2659)
Approved March 3, 2001 Effective July 1, 2001

Amends § 59-21-81 for the purpose of defining all Jet Skis as a “personal watercraft” and requiring all persons who are on board a Jet Ski to wear a personal flotation device approved by the United States Coast Guard. Also requires that every vessel, 26 feet in length or less, have a personal flotation device approved by the United States Coast Guard for every person under the age of 12 or less and must be worn at all times while the vessel is under way.

2001 Mississippi Laws 499. (S.B. 2851)
Approved March 3, 2001 Effective July 1, 2001

Provides for regulation and the protection of paddlefish. The new law prohibits the fishing for paddlefish and disposal of any parts of a paddlefish into the waters of Mississippi. Violation of this law is considered a Class I violation.

2001 Mississippi Laws 553. (S.B. 2593)
Approved April 7, 2001 Effective April 7, 2001

Amends § 49-5-7 to conform with the Federal Migratory Bird Treaty Act. Under this amendment no person may interfere with a wild bird, nest, or eggs of the wild bird. However, landowners are not prohibited from controlling certain bird species on land under their control. This section does not authorize the killing of any migratory bird protected under the Migratory Bird Treaty.

2001 Mississippi Laws 560. (S.B. 2772)
Approved April 7, 2001 Effective July 1, 2001

Protects drinking water, by making discharges of hazardous waste from the manufacture of controlled substances a felony. This law targets the hazardous waste that is produced by the illegal crystal methamphetamine labs.

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