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Title 22 – Part 20 – Administrative Penalties Matrix – Proposed Changes

The Mississippi Department of Marine Resources (MDMR) does hereby give public notice that on November 19, 2019 at the regularly scheduled meeting of the Commission on Marine Resources, the Commission approved a Notice of Intent to update, modify and change below listed sections of Title 22 Part 20. Said Notice of Intent was filed with the Mississippi Secretary of State’s office on November 19, 2019. A complete copy of Title 22 Part 20 and the proposed changes are available at www.dmr.ms.gov. Public comments on the proposed regulation changes will be accepted through December 16, 2019. All comments should be mailed to the MDMR, Attn: TJ Moran, 1141 Bayview Avenue, Biloxi, MS 39530 or emailed to: TJ Moran at publiccomments@dmr.ms.gov and delivered by 5:00 PM on December 16, 2019.

Complete description of proposed changes:

TITLE 22 – MISSISSIPPI DEPARTMENT OF MARINE RESOURCES, PART 20  Administrative Penalty Procedures

Chapter 21 Penalties

104      Suspension or revocation of licenses or regulatory program requirements such as but not limited to, endorsements, tags, permits or similar provisions may be commenced in addition to seeking administrative penalties.

105  The Commission may suspend or revoke regulatory program requirements established by the Commission, such as but not limited to, endorsements, tags, permits, or similar provisions for violations related to that particular program in accordance with the following schedule:   

For 1st offenses, a suspension for up to 3 months;

For 2nd offenses, a suspension for up to 6 months;

For 3rd offenses, a suspension of up to 1 year;

For 4th and subsequent offenses, a suspension for up to 2 years or revocation.

Suspensions shall be scheduled for a time period coinciding with the particular fishing season in which the offense is related.

If the violation is deemed to be so egregious to warrant a suspension outside of the penalty matrix, the Commission, by unanimous vote, may impose a suspension outside of the above matrix by skipping to the next level.  (For example, if it’s a 1st offense that is deemed to be so egregious to warrant a suspension outside of the penalty matrix stated above, the Commission, by unanimous vote, may impose a suspension for up to 6 months as allowed under the 2nd offense tier.) 

In the event that a violator does not pay the administrative penalty assessed by the Commission in full within twenty-four (24) months, the Commission may, by majority vote, indefinitely suspend the endorsement, tag, permit or similar regulatory program requirement related to the violation until such time as the penalty is paid in full.

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