MCA Chapter 1

in effect

Miss. Code Ann. § 59-1-1 Creation of port commission; composition and jurisdiction of commission generally.

Any city in the State of Mississippi having a seaport or harbor therein designated as a port of entry by the United States government shall have a harbor commission, to be known as a port commission, and same shall be composed of five resident citizens of such city, who shall be qualified electors therein, three of whom shall be skilled and experienced in maritime affairs. Said commission shall have jurisdiction over the port and terminals and harbor and passes leading thereto, and all vessels, boats and wharves, common carriers and public utilities therein, using the same, within their respective cities. In the cities of Natchez, Vicksburg and Greenville, the mayor and board of commissioners, or mayor and board of aldermen of such cities shall be the port commissioners of their respective harbors.

Miss. Code Ann. § 59-1-3 Appointment, oath, bond, and terms of office of members of commission.

The port commission provided for in Section 59-1-1 shall be appointed as follows: one (1) shall be appointed by the Governor who shall be skilled and experienced in maritime affairs; one (1) shall be appointed by the board of supervisors of the county in which such port of entry is located, who shall be skilled and experienced in maritime affairs, and three (3) shall be appointed by the mayor and board of aldermen or mayor and board of commissioners of the city where such port of entry is located, one (1) of whom shall be skilled and experienced in maritime affairs. Before entering upon the duties of the office, each of said commissioners shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall give bond to be approved by the clerk of the city in which the port of entry is located, in a sum not less than Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful performance of their duties. Said bond shall be made payable to the city in which the port of entry is located, and in case of breach thereof, suit may be brought on the relation of the city for the benefit of said commission. The commissioners shall hold office for a term of four (4) years from the day of their appointment and qualification, and until their successor or successors shall be appointed and qualify as set out herein.

Miss. Code Ann. § 59-1-5 Compensation of members of commission.

Each member of any port commission created under the provisions of this chapter, operating in a county bounded by the Gulf of Mexico shall receive as compensation twenty-two dollars and fifty cents ($22.50) per day while engaged in attendance upon meetings of the commission, or engaged in other duties of the commission, not to exceed sixty (60) days in any one (1) year, and shall receive their actual traveling expenses, to be audited and allowed by the commission.

Miss. Code Ann. § 59-1-7 Meetings; officers.

When the port commissioners shall have been appointed and shall be qualified as set out in this chapter, they shall meet at the regular place for the meetings of the mayor and board of aldermen, or mayor and board of commissioners, of the municipality, after giving at least ten days notice of the time and place of such meeting by publication in a newspaper published in such city, and they shall elect a president and secretary, who shall be members of the commission.

Miss. Code Ann. § 59-1-9 General powers and duties of commission; commission may enter into joint venture for construction and operation of facilities under jurisdiction of commission.

It shall be the duty of the commission to keep a minute book in which shall be recorded all of their acts, orders, rules and regulations. It shall be the duty of said commission to adopt rules and regulations not inconsistent with law to govern their official acts. The commissioners are hereby empowered and authorized to act as port wardens and pilot commissioners, and to perform any and all duties pertaining to such within their respective municipalities. It shall be the duty of the commission to make and publish all needful rules and regulations to govern the harbor, docks and passes within their respective jurisdictions, and to fix and prescribe tariffs, fees, fines, penalties and forfeitures for the violations of the rules and regulations of said commission, and said commission shall have the power to fix and determine all port and terminal charges, and they may enforce the collection thereof through any court of competent jurisdiction in this state. This section shall not apply to public utilities nor to railroad terminal charges covered by or carried in approved tariffs authorized by the Interstate Commerce Commission nor to lawful railroad operation and activities. It shall be the duty of the port commissioners within their respective jurisdictions to see that all port positions, such as harbormaster, pilots, boatmen, stevedores, surveyors, watchmen, police, ship chandlers, ship agents and such other persons performing services for the public shipping, carry out their duties in a manner that is not detrimental to the port and shall not be unduly burdensome to the public shipping. It shall be the duty of the commissioners to appoint annually a sufficient number of pilots, and all agents and factors necessary for the protection of the harbor and the advancement of public shipping, except that pilots shall be appointed for a term of four (4) years, and before any person shall be appointed a pilot, harbormaster, boatman, stevedore, surveyor, watchman, police, ship chandler or ship agent, his qualifications for the same shall be passed upon by said port commissioners. After satisfying themselves that any applicant for the position of pilot, harbormaster, boatman, stevedore, surveyor, watchman, police, ship chandler or ship agent is competent and well qualified to perform the duties of such position and his services are required for the protection of the harbor and the advancement of public shipping, the port commissioners shall issue a license to such applicant, provided and upon condition that such applicant shall enter into a good and sufficient bond in an amount in each case to be determined by the commissioners, the bond to be entered into not to exceed the sum of Five Thousand Dollars ($5,000.00), said bond to be payable to the city of the port of entry, conditioned according to law for the faithful performance of his duties, and in case of breach thereof, suit may be brought thereon in the name of the city for the benefit of said port commissioners. The port commissioners shall have the right to revoke any such license for neglect of duty, incompetency, inefficiency, physical disability or for any act or acts detrimental to the interests of the port. Additional pilots may be examined and licensed when in the opinion of said port commissioners the services of same are required for the protection of the harbor and the advancement of public shipping. In addition to the general powers and duties of a port commission, a port commission may enter into joint ventures or community alliances with private entities or other port commissions or development commissions to construct and operate any facilities under the jurisdiction of such commissions.

Miss. Code Ann. § 59-1-11 Additional powers of port commission.

In addition to the power and authority conferred in Section 59-1-1, the port commission and mayor and board of commissioners of the port of entry, acting jointly only, may in their discretion negotiate a contract or contracts for any and all repairs or any part thereof affecting the reconstruction, repair or maintenance of any pier, dock, warehouse, grain elevator, bulk loading plant, sheds or any other property at the port of entry under the jurisdiction of said port commission and city, under terms and conditions as both bodies may deem best and economical to the city wherein the port of entry is located. The port commission is given full power and authority to employ engineers, attorneys and other professional and technical help in or about the operation, development and advancement of said port, and to pay reasonable compensation therefor. Such employment and compensation therefor to be approved by the mayor and board of commissioners of the port of entry.

Miss. Code Ann. § 59-1-13 Construction of Sections 59-1-13 through 59-1-25 generally.

Being for the purpose of relieving unemployment and promoting industrial development and the development of fisheries, commerce and shipping in the state, Sections 59-1-13 through 59-1-25 shall be construed as granting additional authority to the several port commissions of the State of Mississippi, and the same shall not repeal or impair any existing law.

Miss. Code Ann. § 59-1-15 Definition of “industrial operations.”

The term “industrial operations” as used in Sections 59-1-13 through 59-1-25 shall include but not be limited to any and all enterprises the operation of which will aid in the development of fisheries, commerce, navigation or shipping in the port, as well as all forms of manufacturing enterprises.

Miss. Code Ann. § 59-1-17 Jurisdiction of commission; reclamation, use and disposition of lands subject to commission jurisdiction generally; leasing and subleasing of certain submerged lands and tidelands owned by state.

The several port commissions in the State of Mississippi are each hereby vested with full jurisdiction and control of any and all lands lying within, or adjacent to, any river, bay or natural lake which are now, or heretofore were, below the mean high tide mark, and which lands lie within or adjacent to any port or harbor within the jurisdiction of such port commission, and as to which lands the claims of private persons or private corporations have been, or hereinafter are, acquired by such port commission, or by the city for its benefit, by purchase, lease, conveyance or eminent domain proceedings. Any such port commission is hereby authorized to reclaim any and all such lands, by filling, dredging or other methods and to utilize, lease or dispose of same for the development and operation of the port to the same extent it is now, or may hereinafter be, authorized to utilize its other facilities. It is hereby declared that the leasing or use for commercial purposes, port purposes and for industrial development related thereto of the following described submerged lands and tidelands belonging to the State of Mississippi in an area lying between the East Pascagoula River and the West Pascagoula River, Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows: All that part of the Lowry Island Resurvey, which is bounded on the South by the L&N (now CSX) Railroad Track; on the East by the East Pascagoula River; on the West by the West Pascagoula River; and on the North by the North corporate limits of the City of Pascagoula and the South corporate limits of the City of Moss Point, LESS AND EXCEPT, however, that part of said property now owned by any private corporations. The governing authority of the city in which such state lands are located is hereby authorized to apply for and secure a lease in accordance with Section 29-1-107, except for a period of not to exceed forty (40) years, of such state lands as may be necessary for the development for commercial purposes, port purposes and related industrial facilities in the aforesaid areas described in subsection (2) hereof. Application for a lease shall be made with the Secretary of State. Utilization of any and all submerged land and/or tideland shall be in such a manner so as not to obstruct normal navigation of any normal and natural channel. Title to the property shall remain vested in the State of Mississippi. All oil, gas and other minerals in, on or under said lands leased are hereby specifically reserved unto the State of Mississippi. The city governing authority is hereby authorized to sublease such lands for commercial purposes, port purposes and for industrial development related thereto. All subleases executed by the city governing authority shall be on such terms and conditions, and with such safeguards, as will best promote and protect the public interest. Such subleases shall be submitted to the Secretary of State for approval. Each sublease shall provide that if such property is not utilized within five (5) years, or if commercial, port or industrial usage ceases and such termination continues for a period of two (2) years, the sublease shall terminate and all rights thereunder shall revert to the city. If such nonutilization for a period of five (5) years or cessation of use for a period of two (2) years shall be caused, suspended, delayed or interrupted by act of God, fire, war, rebellion, scarcity of water, insurrection, riot, strike, scarcity of labor, differences with employees, failure of a carrier to transport or furnish facilities for transportation; or as a result of some order, rule or regulation of any federal, state, municipality or other governmental agency; or as the result of failure of the sublessee to obtain any required permit or certificate; or as the result of any cause whatsoever beyond the control of sublessee, the time of such delay or interruption shall not be counted against the sublessee in determining such period of five (5) years or two (2) years. All subleases shall be for a fair and adequate consideration and the compensation and revenues therefrom shall be retained by the state. It is further declared that it will serve a higher public interest in accordance with the purposes of this section and with the public policy of the state as set forth in Section 49-27-3 for the following parcels of the Lowry Island Resurvey to be subleased for the purpose of developing multiunit residential structures, height not exceeding fifty (50) feet, that are an integral part of a public marina: (i) that parcel consisting of existing filled tidelands or fastlands lying immediately adjacent to the East Pascagoula River and north right-of-way boundary of U.S. Highway 90; and (ii) that parcel consisting of existing filled tidelands or fastlands lying immediately adjacent to the West Pascagoula River and north right-of-way boundary of U.S. Highway 90. The governing authority of the city in which are located the parcels described in this subsection may sublease such parcels for such residential development upon the same terms and conditions prescribed in subsection (3). This section is to be considered as supplementary and cumulative and nothing in this section shall be construed as repealing or amending any options, leases, deeds, contracts, agreements or legal instruments heretofore entered into by the governing authorities of the municipality in which the port of entry is located, or the port commission.

Miss. Code Ann. § 59-1-19 Sale, lease or other disposition of land not used for port purposes.

In the event any part of lands as are described in Section 59-1-17 are not used for port purposes, and navigation and commerce will not be impeded thereby, such port commission may sell, lease or otherwise dispose of same to individuals, firms or corporations, public or private, for industrial use, on such terms and conditions and with such safeguard as will best promote and protect the public interest, and they are hereby authorized to transfer title or possession to any part or all of such lands by special warranty deed, lease, contract, or other customary business instrument; however, no such lease shall be executed for a term in excess of ninety-nine years from its date, and before execution of same any such conveyance, lease, contract or other disposition shall be authorized by the affirmative vote of at least two-thirds of the membership of such port commission by order or resolution entered on its minutes, which order or resolution shall set forth the substantial terms of such conveyance, lease, contract, or other disposition. In the event title to any such land under the jurisdiction of the port commission is in the name of the city, no such transaction shall be consummated until and unless the same be authorized by proper resolution of the port commission and of the city, in which event the city shall join the port commission in the execution of any such instrument.

Miss. Code Ann. § 59-1-21 Terms and conditions of conveyances, contracts, leases, etc.

Any such conveyance, contract, lease or other disposition authorized by Section 59-1-19 of any or all such lands described in Section 59-1-17 may be made upon such terms and conditions and for such consideration as may be found to be adequate by the port commission, and approved by the city, in orders or resolutions authorizing same, and the covenants and obligations of the lessee or grantee to make expenditures in determined amounts, and within such time or times, for improvements to be erected on the land, by such lessee or grantee, and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease, deed or other disposition, shall constitute and be deemed sufficient consideration for the execution of any such conveyance, lease, contract or other disposition. Any such instrument shall, however, contain reasonable provisions for the termination of the lease or revision of title to the land, but, unless otherwise agreed to, not the improvements of grantee or lessee, in the event of default on the part of the lessee or grantee of his or its obligations or covenants under any such agreement.

Miss. Code Ann. § 59-1-23 Assistance of municipalities in establishing industries.

In lieu of exercising the authority herein granted, a port commission may cooperate and assist any authorized municipality, as defined in Sections 57-1-1 through 57-1-51, Mississippi Code of 1972, to which a certificate of public convenience and necessity has been issued under such sections, in the establishment of an industry or industries by such municipality, and may for such purpose or purposes, convey or lease any or all such lands to any such municipality, or join such municipality in the execution of a contract, lease, conveyance or other disposition for the operation of the industry, but any such disposition shall be subject to termination or revision of title in the event of abandonment of the industry, non-compliance with its terms, or non-user for the purposes for which same is made.

Miss. Code Ann. § 59-1-25 Reservation of oil, gas and minerals in sale, lease or other disposition of lands.

Any sale, lease or other disposition made under Sections 59-1-13 through 59-1-25 shall except all oil, gas and other minerals, except sand, clay and gravel on, in and under the land, and shall reserve to the owner thereof the right to develop and produce same in such manner as will not injure or endanger the improvements of the lessee or grantee placed on the land after the execution of such lease, conveyance or other disposition.

Miss. Code Ann. § 59-1-27 Port director.

The port commission is hereby authorized, in its discretion, to employ a port director. It shall be the duty of said port director to solicit business for the port, investigate railroad and ocean rates for the protection of the general public in using said port. The salary of the port director shall be fixed by the commissioners with the approval of the mayor and board of aldermen, or the mayor and board of commissioners, and shall be paid from funds derived under the provisions of this chapter, or from the general funds or special funds raised for such purpose in the city treasury; such port commission may, in its discretion, select from its membership a competent person to serve in the capacity of port director, in which case the salary paid such member for services rendered as port director shall not be subject to the restrictions fixed in Section 59-1-5.

Miss. Code Ann. § 59-1-29 Appropriation of funds for use of port commission by municipal authorities.

The mayor and board of aldermen or the mayor and board of commissioners of a municipality having a port of entry as herein defined are hereby authorized and empowered in their discretion to appropriate money for the use and benefit of the port commission to be expended under the direction of the port commission with the approval of said municipal authorities.

Miss. Code Ann. § 59-1-31 Appropriation of funds for use of port commission by county governing authorities.

The board of supervisors of a county having a port of entry as herein defined is hereby authorized and empowered in its discretion to appropriate money for the use and benefit of the port to be expended under the direction of the port commissioners with the approval of said board of supervisors.

Miss. Code Ann. § 59-1-33 County membership in rivers and harbors association.

The board of supervisors of the various counties are hereby authorized, in their discretion, to join on behalf of their respective counties the rivers and harbors association of Mississippi, and to pay from the general fund of the county membership dues of the association. The payment of membership dues shall entitle the county to all of the rights and privileges of membership and the county shall not be liable for any additional dues or assessments. After a county has joined the association, it may terminate its membership by formal resolution or failure to pay membership dues.

Miss. Code Ann. § 59-1-35 Affiliation with rivers and harbors association by cities and other political subdivisions or agencies.

All city, county, district and state ports, harbors and waterway systems and any other agency, department or political subdivision, including municipalities and boards of supervisors, may, in their discretion, become affiliated with, support and pay dues to the rivers and harbors association of Mississippi.

Miss. Code Ann. § 59-1-37 Acquisition of land for industrial purposes or port and terminal facilities by certain cities and counties.

Any city or cities situated in any county bordering on the Mississippi River and/or any such county, acting alone or jointly with any said city or cities, is and/or are hereby authorized and empowered, acting through its or their governing authorities, to acquire by purchase or otherwise, and to sell, lease or otherwise dispose of land situated in such county, either within or outside the corporate limits of such city or cities, for industrial purposes, or for river port and port facilities, for terminal and terminal facilities, and for landing and landing facilities, for storage and transportation of freight and passengers on the waters of the Mississippi River. For the purposes aforesaid, the said city or cities and/or county, acting alone or jointly, is and/or are authorized and empowered to borrow money and issue bonds, certificates of indebtedness, or notes as security therefor, in such form and amounts, and bearing such interest, not to exceed six per cent (6%) per annum, and maturities as may be determined by the governing authorities thereof, and to levy ad valorem taxes for payment of the principal and interest thereon. The said city or cities and/or county may pay for any property purchased under authority of this section from the general funds of the city or cities and/or county and/or the proceeds from the sale of any bonds, certificates of indebtedness, or notes issued for such purposes by the city, cities or county. The bonds, certificates of indebtedness, or notes provided for herein may be issued under and in the same manner, notice and conditions as is provided by any law authorizing said city or cities or county to issue the general full faith and credit bonds, or other evidences of indebtedness of said city or cities or county, and shall not be included in any limitation now imposed by law but may be in addition thereto. The land which may be purchased under authority hereof by any said city or cities, whether acting alone or jointly with said county, and situated outside of the corporate limits of said city or cities shall be located not more than seven miles from the line of the corporate limits of the city nearest thereto. Said city or cities or county, through its or their governing authorities, is and/or are hereby authorized and empowered to do and perform all acts and things necessary for the purposes hereof. This section shall be considered and is an alternative plan and authority supplemental to and in addition to any other law in effect dealing with and pertaining to the subject matter and provisions hereof, and shall not amend or repeal any existing law, but as aforesaid shall be and is an alternative plan and authority applicable to any city or cities within the class as herein provided for.

Miss. Code Ann. § 59-1-39 Licensing of harbor masters, pilots, stevedores, etc.

Contracting stevedores shall pay a privilege license not to exceed five hundred dollars ($500.00) per year, the amount within this limit, to be fixed and determined by the port commissioners, and the same shall be paid to the port commission or port authority to be used for port expenses and maintenance as directed by the port commissioner or port authority. Harbor masters, pilots, boatmen, stevedores, surveyors, watchmen, police, ship agents, ship chandlers and such other persons performing services for the public shipping as the port commissioners may require, shall pay annually such license or permit fee as may be prescribed and required by the port commissioners not to exceed fifty dollars ($50.00). The fees for piloting, inward and outward, shall be so fixed as not to be unduly burdensome on shipping. The piloting fees for boarding vessels on arrival, for docking and for each shift or move thereafter shall be determined and fixed by the port commissioners as may from time to time be considered reasonable and proper under existing conditions. It shall be unlawful for any person or persons, to act as harbor master, pilot, boatman, stevedore, surveyor, watchman, ship agent, ship chandler or in any other capacity as the port commissioners may designate, without first being duly licensed and qualified as set out in this section, or without having been issued a permit that such service is necessary for the protection of the harbor or advancement of public shipping. It shall be unlawful for any vessel, firm or corporation to employ a harbor master, pilot, boatman, stevedore, surveyor, watchman, police, ship agent, ship chandler or any other such person until such person shall have been first duly licensed and qualified as provided in this section.

Miss. Code Ann. § 59-1-41 Compulsory pilotage.

It shall be unlawful for any vessel of over 250 tons net registered tonnage to enter the harbors or passes leading thereto without being piloted and under the direction of a licensed pilot, and all vessels shall be subject to compulsory pilotage except American vessels laden with coast-wise cargo not destined for foreign ports.

Miss. Code Ann. § 59-1-42 Licensed pilot liability.

A licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41 shall not be liable for more than Five Thousand Dollars ($5,000.00) for damage or loss caused by the licensed pilot’s or pilot trainee’s error, omission, fault, or neglect in the performance of the pilot services, except for the following: Damage or loss that arises because of the willful misconduct or reckless disregard for safety by the licensed pilot or pilot trainee; or An act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of licensed pilots. This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that: The vessel was piloted by a licensed pilot or pilot trainee pursuant to Section 59-1-41; or The damage or loss was caused by the error, omission, fault, or neglect of a licensed pilot or pilot trainee. In a proceeding brought against a licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41, for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the licensed pilot or pilot trainee. Liability under this section shall also be limited as follows: A pilot or pilot trainee is not liable directly or as a member of an organization of pilots for any claim that: Arises from an act or omission of another pilot or pilot trainee or organization of pilots; and Relates directly or indirectly to pilot services. An organization of pilots shall not be liable for any damages caused by a licensed pilot’s or pilot trainee’s error, omission, fault or neglect in the performance of pilotage services. For the sole purpose of occasions when this act is applicable as a defense to liability by a licensed pilot or pilot trainee, the licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41; asserting the defense shall be considered to have been acting as the servant of the vessel, its owner and its operator. This section does not apply to a vessel operator, captain, master or pilot that is: Not required pursuant to Section 59-1-41; Operating solely under a federal piloting license or; Operating an American vessel laden with coast-wise cargo not destined for a foreign port. This section shall apply to all causes of action that occur on or after July 1, 2013.

Miss. Code Ann. § 59-1-43 Use of or actions by unlicensed persons.

Any person or persons, vessel, firm or corporation, acting as or employing a harbormaster, pilot, boatman, stevedore, surveyor, watchman, police, ship agent, ship chandler or such other persons as may be required by the port commissioners, performing services for the public shipping, without first being duly licensed and qualified as provided in this chapter shall be guilty of a misdemeanor and, upon conviction, shall pay a fine of not exceeding one thousand dollars ($1,000.00) per day for each day while so acting, and serve not more than thirty (30) days in jail, or both in the discretion of the court; and it shall be unlawful and a misdemeanor for any person not licensed by the board of commissioners to interfere with the duties of the harbormaster, pilot, boatmen, stevedores or their employees, surveyors, watchmen, police, ship agents, ship chandlers or such other persons who have been duly licensed while performing services for the public shipping except in cases of distress; and any person or persons violating the provisions hereof in that regard, on conviction, in the city, county or state court, shall be fined not less than one hundred dollars ($100.00) or sentenced to thirty (30) days in jail, or both, and not more than one thousand dollars ($1,000.00) or six (6) months in jail, or both, for each offense at the discretion of the court trying the case.

Miss. Code Ann. § 59-1-45 Disposition of fines and penalties.

The fines and penalties collected under this chapter shall be paid into the city treasury to be used by the mayor and board of commissioners or mayor and board of aldermen for the benefit of the port.