22 Miss. Code. R. 3-08-8.1

Current through December 10, 2024
Rule 22-3-08-8.1 - Commercial Size, Possession and Catch Limits
A. It is unlawful to barter, sell, offer for sale or transport for sale or possess for sale in or from the State of Mississippi the following named species of fish under the lengths prescribed:
1. Red Drum - eighteen (18) inches (total length).
2. Spotted Seatrout - fourteen (14) inches (total length).
3. flounders (Paralicthys sp.) - twelve (12) inches (total length).
4. Tripletail (Lobotes surinamensis) eighteen (18) inches total length.
5. Spanish Mackerel (Scomberomorus maculatus) - twelve (12) inches (fork length).
6. King Mackerel (Scomberomorus cavalla) - twenty-four (24) inches (fork length).
7. Red Snapper - thirteen (13) inches (total length).
8. Vermillion Snapper - ten (10) inches (total length).
9. Lane Snapper - eight (8) inches (total length).
10. Mutton Snapper - eighteen (18) inches (total length)
11. Gray, Mahogany, Schoolmaster, Dog, Cubera, and Yellowtail Snapper - twelve (12) inches (total length).
12. Blackfin, Queen, Silk and Wenchman snapper - no minimum length.
13. Tilefish - no minimum length.
14. Red Grouper - eighteen (18) inches (total length).
15. Yellowfin Grouper - twenty (20) inches (total length).
16. Black Grouper - twenty-four (24) inches (total length).
17. Gag Grouper - twenty-four (24) inches (total length).
18. Scamp - sixteen (16) inches (total length).
19. Yellowmouth, Rock Hind, Red Hind Grouper - no minimum length.
20. Misty, Snowy Yellowedge, Warsaw, Speckled Hind Grouper - no minimum length.
21. Gray Triggerfish - fourteen (14) inches (fork length).
22. Hogfish (lachnolaimus maximus) - fourteen (14) inches (fork length).
23. Greater Amberjack - thirty-six (36) inches (fork length).
24. Lesser Amberjack and Banded Rudderfish - may possess fish between fourteen (14) inches (fork length) to twenty-two (22) inches fork length.
25. Bigeye Tuna (Thunnus obesus) - twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length).
26. Yellowfin Tuna (Thunnus albacares) - twenty-seven (27) inches as measured from the tip of the upper jaw to the fork of the tail along the contour of the middle of the body (curved fork length).
27. Small Coastal Sharks - twenty-five (25) inches total length
28. Large Coastal Sharks - thirty-seven (37) inches total length

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

B. It is unlawful for commercial fishermen to possess any of the following species of sharks:
1. Sand Tiger (Odontaspis taurus)
2. Bigeye Sand Tiger (Odontaspis noronhai)
3. Whale (Rhincodon typus)
4. Basking (Cetorhinus maximus)
5. White (Carcharodon carcharias)
6. Dusky (Carcharhinus obscurus)
7. Bignose (Carcharhinus altimus)
8. Galapagos (Carcharhinus galapagensis)
9. Night (Carcharhinus signatus)
10. Caribbean Reef (Carcharhinus perezi)
11. Narrowtooth (Carcharhinus brachyurus)
12. Caribbean Sharpnose (Rhizorionodon porosus)
13. Smalltail (Carcharhinus porosus)
14. Atlantic Angel (Squatina dumerili)
15. Longfin Mako (Isurus paucus)
16. Bigeye Thresher (Alopias superciliousus)
17. Sevengill (Heptranchias perlo)
18. Sixgill (Hexanchus griseus)
19. Bigeye Sixgill (Hexanchus vitulus)
20. Sandbar (Carcharhinus plumbeus) sharks may only be possessed by fishermen possessing a research fishery permit issued by the National Marine Fisheries Service.
21. Silky (Carcharhinus falciformis)

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

C. It is unlawful for any commercial fishermen to possess any Cobia smaller than thirty-six (36) inches fork length or to possess more than a daily bag limit of two (2) Cobia per person.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38.

D. It is unlawful to sell, barter or trade any species of reef fish (identified in Chapter 08 Sections A7 through A24 without possessing the proper federal permits and/or licenses required by the NOAA Gulf of Mexico Reef Fish Fishery Management Plan and complying with any other conditions set forth by federal or state regulations for the management of the identified reef fish.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

E. It is unlawful to possess or harvest from Mississippi territorial waters, in excess of three thousand pounds (3,000) of King Mackerel, per vessel, per trip, per day (This is the Federal Limit for the Western Zone).

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

F. It is unlawful to sell or purchase the following species of billfish without the proper federal documentation: Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus), and Sailfish (Istiophorus platypterus).

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

G. The commercial fishing season for menhaden is from the third Monday in April through the first day of November of each year. It is unlawful to harvest menhaden, for the purposes of reduction, within one mile of the mainland shoreline of Harrison, Hancock, and Jackson County.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

H. The annual Total Allowable Catch (TAC) for commercial landings of flounder (Paralicthys sp.) will be set at seventy-four thousand (74,000) pounds. The commercial fishing season for landing flounder will commence on January 1 and end on December 31 each year.
I. The annual Total Allowable Catch (TAC) for commercial landings of Red Drum (Sciaenops ocellatus) will be set at sixty thousand (60,000) pounds. The commercial fishing season for landing Red Drum will commence on January 1st and end on December 31st of each year. The commercial TAC for the fishing season is divided into three four month periods as follows:
1. January 1st - April 30th twenty thousand pounds (20,000);
2. May 1st - August 31st twenty thousand pounds (20,000);
3. September 1st - December 31st twenty thousand pounds (20,000).

In the event the commercial TAC is not met or exceeded in any time period, the pounds will be added or subtracted to the following time period.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

J. The annual Total Allowable Catch (TAC) for commercial landings of Spotted Seatrout (Cynoscion nebulosus) will be set at fifty thousand (50,000) pounds. The commercial fishing season for landing Spotted Seatrout shall commence on January 1st and end December 31st each year. The commercial TAC for the fishing season is divided into two periods as follows: January 1st - June 30th twenty-five thousand pounds (25,000); July 1st - December 31st twenty-five thousand pounds (25,000). In the event the commercial TAC is not met or exceeded in the first time period January 1st - June 30th) the pounds will be added or subtracted to the second time period (July 1st - December 31st).

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

K. Individuals commercially harvesting Spotted Seatrout (Cynoscion nebulosus) must possess a Spotted Seatrout endorsement ($10.00) in addition to a current applicable harvester's license. To qualify for this endorsement an application must be completed. A Trip Ticket officer will validate, through the Trip Ticket system, that the applicant sold at least one thousand ($1,000) dollars of finfish or five thousand ($5,000) dollars of seafood product in the previous or current calendar year. The endorsement will be valid from January 1st - December 31st each year. In the event of a hardship approved by the Executive Director, the department may consider the applicants qualification based on sales one year prior to the onset of the approved hardship.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

L. The following provisions are provided to address safety concerns and allow fishermen to have another individual on board in case of an emergency:
1. For commercial hook and line fishermen,
a. if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement; however, that fisherman is required to possess an applicable commercial harvester's license.
b. If two or more commercial hook and line fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement.
2. For net fishermen, the vessel must possess a valid fishing boat license and
a. if only two fishermen are aboard a vessel commercially harvesting Spotted Seatrout, one of the fishermen is not required to possess the Spotted Seatrout endorsement.
b. If two or more net fishermen possessing the Spotted Seatrout endorsement are aboard a vessel commercially harvesting Spotted Seatrout, all fishermen aboard the vessel are required to possess the Spotted Seatrout endorsement.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

M. It is unlawful for any commercial fisherman to possess a daily bag limit of more than three (3) Tripletail per person.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38.

N. If any person, firm, or corporation, barters, sells, offers to sell or transports for sale or possesses for sale in the State of Mississippi any species of fish under the lengths or for which the fishing season is closed as prescribed in Title 22 Part 3 said person, firm or corporation shall possess valid documentation from the state or country of origin evidencing that the fish were legally harvested.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

O. Any individual or vessel commercially harvesting small coastal or large coastal sharks in Mississippi's territorial waters must possess a MDMR shark endorsement (10.00) in addition to a current applicable harvester license. In addition, all individuals applying for a shark endorsement must be a Mississippi resident and present documentation of the successful completion of a MDMR approved shark identification exam and protected species safe handling workshop. The open season in Mississippi territorial waters for the commercial harvest of sharks shall run concurrent with federal shark seasons for the Western Gulf of Mexico Sub-Region.
1. The practice of "finning", that is, removing only the fins and returning the remainder of the shark to the sea is unlawful. All sharks commercially harvested in Mississippi state territorial water must be landed in whole form with fins naturally attached by at least some portion of uncut skin. Sharks may be gutted prior to landing.
2. It is unlawful for any commercial fisherman to possess a daily bag limit of more than twenty-five (25) small and large coastal sharks in aggregate per vessel per day.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38.

P. It is unlawful to barter, sell, offer for sale, transport for sale, or possess for sale Atlantic Tarpon (Megalops atlanticus).

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

Q. It is unlawful for any commercial fishermen to possess any Atlantic Tarpon smaller than seventy-five (75) inches fork length or to possess more than a daily bag limit of one (1) Atlantic Tarpon per vessel.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305, 49-15-307 and 50 CFR 622.38.

R. Licensed commercial shrimp fishermen may keep in whole for personal consumption only, the following fish which are caught in shrimp nets or trawls of the vessel: White Trout, Atlantic Croaker, Black Drum, and Ground Mullet (Family Sciaenidae); Sheepshead (Family Sparidae); Gafftopsail Catfish (Family Ariidae); and flounders in the families Pleuronectidae and Bothidae. The cumulative total weight of fish shall not exceed twenty-five (25) pounds. These exemptions for personal consumption do not apply to fish that are otherwise illegal to possess.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

S. It is unlawful for commercial fishermen to possess more than one (1) Red Drum exceeding thirty (30) inches total length for a single day's catch.

Miss. Code Ann. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.

T. It is unlawful to sell, offer for sale, barter, trade, or purchase cobia landed in Mississippi. Cobia and any species of finfish that have an established annual quota and are landed legally elsewhere and/or transported into or within Mississippi for sale, must be accompanied by an affidavit or certificate from the regulating agency of the point of origin stating that the fish were legally landed or accompanied by a Bill of Lading if imported from a foreign country. Cobia and any species of finfish that have an established annual quota and are raised on permitted aquaculture facilities must be accompanied by a Bill of Lading with the permit number attached and may be sold below the prescribed minimum lengths.

22 Miss. Code. R. 3-08-8.1

MISS. CODE ANN. §§ 49-15-1, 49-15-3, 49-15-5, 49-15-15, 49-15-30, 49-15-35, 49-15-35, 49-15-63, 49-15-71, 49-15-75, 49-15-303, 49-15-304, 49-15-305 and 49-15-307.
Adopted 5/1/2022
Amended 7/19/2024