Section 49-15-47 - Prohibition against discharging human waste in Mississippi's marine waters from vessels harvesting or transporting oysters; approved marine sanitation devices required; penalties(1) It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.(2) Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall: (a) Be used only for the purpose intended.(b) Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.(c) Be emptied only into an approved sewage disposal system.(d) Be cleaned before being returned to the vessel.(e) Not be cleaned with equipment used for washing or processing food.(3) The use of other receptacles for sewage disposal may be approved by the department if the receptacles are: (a) Constructed of impervious, cleanable materials and have tight-fitting lids; and(b) Meet the requirements listed in subsection (2).(4) Any person, firm or corporation violating the provisions of this chapter, shall, on conviction, be fined not less than Five Thousand Dollars ($5,000.00), and the license of the convicted party shall be revoked for one (1) year. For conviction of a second offense, the fine shall be not less than Ten Thousand Dollars ($10,000.00), and the license of the convicted party shall be revoked for two (2) years. For a conviction of a third offense, the fine shall be not less than One Hundred Thousand Dollars ($100,000.00), and the license of the convicted party shall be permanently revoked.(5) Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.
Miss. Code § 49-15-47
Laws, 2010, ch. 378, § 1, eff. 7/1/2010.Amended by Laws, 2024, ch. (number not assigned at time of publication), SB 2648,§ 6, eff. 5/13/2024.Amended by Laws, 2023, ch. 496, SB 2544,§ 22, eff. 4/17/2023.