Section 50-5-1105 - Catch limits; bait dealer taking and possession requirements; penalties(A) When taking shrimp over bait, there is a catch limit of not more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, for each set of poles a day. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp for each boat a day or for each person when no boat is used. When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.(B) It is unlawful for a person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while upon the waters or the lands immediately adjacent to the waters from May 1 through December 15. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp while not on the waters or lands immediately adjacent to the waters unless a person has in possession a bill of lading or receipt showing that the shrimp have been purchased from a licensed retail or wholesale dealer. This subsection does not apply to a licensed trawler lawfully fishing or transporting the catch, or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product.(C) From December 16 through April 30, except as otherwise provided in this subsection, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of this State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a trawler lawfully fishing or transporting the catch or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product. No trawler may have a cast net or other recreational shrimping gear aboard during this period. Charter fishing vessels properly licensed under Section 50-5-1930 may not have aboard more than a total of twenty-five dozen live or dead shrimp while upon the waters of this State from December 16 through April 30.(D) Any bait dealer harvesting live shrimp to be sold as bait: (1) must have in possession a valid bait dealer license;(2) must have a live bait tank or bait tanks aboard the harvesting vessel with a compatible aeration system;(3) may not have dead shrimp aboard; and(4) must be certified by the department as a bona fide bait dealer. The department may annually certify bone fide bait dealers, and this department certification must be in writing and must be in the bait dealer's possession at all times when harvesting live shrimp for bait or while in possession of live shrimp to be sold as bait. For purposes of certification the department may inspect the business premises and floating equipment of a person engaged in harvesting and selling shrimp to be used as bait.(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the entire catch is contraband and must be seized and disposed of as provided in this chapter. If the shrimp involved in the violation were caught over bait, the privilege to catch shrimp over bait must be suspended for two years from the date of conviction.(F) No part of the fine, forfeiture, or suspension of privileges imposed for a violation under this section may be suspended.2000 Act No. 245, Section 6.Code Commissioner's Note
At the direction of the Code Commissioner, "50-5-1910" was deleted from the last sentence of subsection (C) because that section was repealed by 2009 Act No. 15.