40 Miss. Code. R. 4-3.3 - RECIPROCAL AGREEMENT BETWEEN LOUISIANA AND MISSISSIPPI

Public Notice 2358.001 is hereby amended.

A. The Louisiana Department of Wildlife & Fisheries and the Mississippi Department of Wildlife, Fisheries and Parks hereby agree to enter into a cooperative agreement to allow properly licensed residents of the two states to hunt and fish on waters of the Mississippi River and along the Pearl and East Pearl Rivers, and the lands and waters described below where they form the common boundary between the two states.

B. Resident licensees of either state shall abide by the creel limits, daily bag limits, possession limits, size limits, length limits, gear restrictions, gear tagging requirements, and equipment restrictions in accordance with the laws and regulations of the state where the licensee is engaged in hunting, sport fishing and/or commercial fishing.

C. Where Louisiana and Mississippi both border along the Mississippi River, the following provisions shall apply:

1. Current Mississippi resident hunting, resident sport fishing and resident commercial fishing licenses shall be valid on:

a. Mississippi lands and waters that lie west of the main channel of the Mississippi River, and on;

b. Louisiana lands and waters that lie east of the main channel of the Mississippi River, and on;

c. State Line lakes that lie west of the main channel of the Mississippi River; designated on USGS Quadrangle maps as Bunchs Cutoff and Old River (also called Pittman Lake), Issaquena County, MS and East Carroll Parish, LA; Cottonwood Chute, Issaquena County, MS and East Carroll Parish, LA; Hodges Lake, Warren County, MS and Madison Parish, LA; Palmyra Lake ,and Chute, Warren County, MS and Tensas Parish, LA; Yucatan Lake (also called Hard Times Bend), Claiborne County, MS and Tensas Parish, LA; Giles Bend Cutoff, Adams County, MS and Concordia Parish, LA; Natchez Island Chute, Adams County, MS and Concordia Parish, LA; Old River'(also called Glasscock Chute), Adams County, MS and Concordia Parish, LA; and Brians Chute, Adams County, MS and Concordia Parish, LA.

2. Current Louisiana resident hunting, resident sport fishing and resident commercial fishing licenses shall be valid on:

a. Louisiana lands and waters that lie east of the main channel of the Mississippi River, and on;

b. Mississippi lands and waters that lie west of the main channel of the Mississippi River, and on;

c. State Line lakes that lie east of the main channel of the Mississippi River designated on USGS Quadrangle. maps as Old River Chute, East Carroll Parish, LA and Issaquena County, MS; Newman Cutoff and Albemarle Lake, East Carroll Parish, LA and Issaquena County, MS; Chotard Lake, East Carroll Parish LA and Warren County, MS; Eagle Lake, Madison Parish, LA and Warren County, MS; Paw Paw Chute, Madison Parish, LA and Warren County, MS; Centennial Lake, Madison Parish, LA and Warren County, MS; Lake Kamae, Tensas Parish, LA and Claiborne County, MS; Rodney Lake; Tensas Parish, LA and Jefferson County, MS; Gum Ridge Chute, Cypress Grove Lake, Duck Pond and Junkins Lake, Tensas Parish, LA and Jefferson County, MS; Coles Creek and Pumping Station Slough, Tensas Parish, LA and Jefferson and Adams Counties, MS.

D. Where Louisiana and Mississippi both border along the Pearl River and East Pearl River, the following provisions shall apply:

1. Mississippi resident hunting, resident sport fishing and resident commercial fishing licenses and Louisiana resident hunting, resident sport fishing, and resident commercial fishing licenses shall be valid for hunting, sport fishing and commercial fishing by licensees upon all lands and waters between the east top bank and west top bank of the Pearl River and the East Pearl River where these rivers form the boundary line between the State of Louisiana and the State of Mississippi and on:

a. Louisiana lands and waters that lie east of the main channel of the Pearl River or East Pearl River and on

b. Mississippi lands and waters that lie west of the main channel of the Pearl River or East Pearl River and on

c. State Line lakes that lie east of the main channel of the Pearl River or East Pearl. River designated on USGS Quadrangle maps as Old Jail Lake, Washington Parish, LA and Pearl River County, MS; unnamed lake east of Ox Lot Slough, Washington Parish, LA and Pearl River County, MS; Old River, Washington Parish, LA and Pearl River County, MS; Nicks Point, S1. Tammany Parish, LA and Pearl River County, MS and on

d. State Line lakes that lie west of the main channel of the Pearl River or East Pearl River designated on USGS Quadrangle maps as Hamp Island Chute (also called Peter's Cutoff), Washington Parish, LA and Pearl River County, MS; unnamed lake west of Horseshoe Lake, Washington Parish, LA and Pearl River County, MS; unnamed lake at mile marker 56, Washington Parish, LA and Pearl River County, MS; and Nances Lake, St. Tammany Parish, LA and Pearl River County, MS

E. For the main channel of the Mississippi River, starting on the south from the boundary of Wilkinson County, Mississippi and West Feliciana Parish, Louisiana, ending on the north at the boundary of East Carroll Parish, Louisiana and Chicot County, Arkansas; and the main channel of the Pearl River from the boundary of Marion County, Mississippi and Washington Parish, Louisiana, to the mouth of the Pearl River, the following provisions shall apply:

1. Currently licensed Mississippi resident commercial fisherman fishing the main channels shall follow the Mississippi gear and gear tagging requirements.

2. Currently licensed Louisiana resident commercial fisherman fishing the main channels shall follow the Louisiana gear and .gear tagging requirements, except that slat traps or slat baskets are required to be licensed and tagged according to Mississippi regulations and conform to Mississippi size dimensions when being fished east of the center of the main channels.

3. Fish harvested in the main channel of the boundary rivers must comply with the Mississippi minimum length and take requirements on the east side of the main channels. Fish harvested on the west side of the main channels must comply with Louisiana minimum length and take requirements.

F. The following stipulations shall apply during Waterfowl seasons:

1. Concurrent Waterfowl seasons:

a. When waterfowl seasons are open concurrently in both states, properly licensed residents from either state may hunt waterfowl on lands and waters listed in prior sections of this rule.

b. For purposes of this agreement the term "properly licensed residents" means possession on the person of a resident Mississippi or a resident Louisiana basic hunting license, a state waterfowl stamp and a federal waterfowl stamp. This agreement does not grant permission for waterfowl hunters to trespass upon private lands or waters without permission from the landowner.

2. Nonconcurrent Waterfowl seasons:

a. When waterfowl seasons are open in one of the states' but not the other, properly licensed residents from either state may hunt waterfowl on lands and waters listed in prior sections of this agreement, PROVIDED THAT the waterfowl hunting season is open in the state where such lands or waters are geographically located.

b. This license reciprocity agreement does not supersede any state or federal law regarding waterfowl hunting season closure in either state.

3. Indefinite boundary areas:

a. When a waterfowl season is open in one state but not the other, enforcement of federal waterfowl regulations along the "indefinite boundary areas (as depicted on USGS quadrangle maps) will focus primarily on bag limits, unplugged shotguns, baiting, motor boating, etc.

b. If it is determined that anyone is taking or attempting to take waterfowl in a closed area, appropriate enforcement action will be taken.

G. Enforcement officers from both departments will handle trespass violations in accordance with their respective departmental policy.

H. Resident licensees of either state shall have unrestricted ingress and egress through the lands and/or waters of the other state for the purpose of hunting, sport fishing and commercial fishing in accordance with the provisions of this agreement.

I. Enforcement Officers of both states shall cooperate jointly in the enforcement of fish and wildlife regulations by referring violations that occur on lands and waters that lie on their side of the main channel of the Mississippi River, the Pearl River and the East Pearl River to the appropriate department.

J. All commercial fishing tackle, gear and equipment used in the taking of fresh water commercial fish shall conform to the respective state laws and regulations governing the waters being fished by the duly licensed anglers.

K. Tags approved by the Louisiana Department of Wildlife and Fisheries for Louisiana fishermen, for the purpose of tagging commercial fishing gear, shall be accepted in lieu of tags issued by the Mississippi Department of Wildlife, Fisheries and Parks in all waters included in this reciprocal agreement. This provision shall not apply to slat traps or slat baskets unless Mississippi State Statute is modified in a manner that would allow this provision.

L. For the purposes of this agreement, the state boundary line will be that depicted on the U.S. Department of the Interior, Geological Survey quadrangle maps.

M. Nothing herein shall be construed to allow any person to hunt, sport fish, commercial fish or go upon the lands of another landowner or entity without their permission for these purposes. Floodwater which has overflowed the natural banks of a public waterway in Louisiana and Mississippi is not a part of the public waterway.

N. This agreement shall be submitted by both departments to their respective Commissions for approval.

O. Upon the execution of this agreement the stipulations and provisions herein shall immediately become effective and enforcement officers assigned to these areas shall immediately be notified of such by their respective departments.

P. This reciprocal license agreement supersedes all previous reciprocal license agreements and the most current previous reciprocal license agreements approved by both states dated October 18, 1961 (Miss. River sport fishing & hunting), February 26, 1969 (Miss. River commercial fishing), December 20,1983 (Pearl River, hunting and fishing) and the interim waterfowl enforcement agreement approved by both states dated December 17,1999.

Q. This agreement may be canceled by either the Secretary of the Louisiana Department of Wildlife & Fisheries or the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks upon sixty days written notice.

Notes

40 Miss. Code. R. 4-3.3

Miss. Code Ann. §§ 49-1-29, 49-4-4, and 49-7-12.