Miss. Code Ann. § 49-15-30 — MS Code / Title 49 / Chapter 2 / Section 15-30
Miss. Code Ann. § 49-15-30
Status: in_force

(1) The department may promulgate rules and regulations for nonresident permits in order to promote reciprocal agreements with other states.

(2) Except as otherwise provided in Section 49-15-46 , the department shall provide that residents of other states bordering on the Gulf of Mexico who are applicants for a commercial fishing license of any type as provided for in this chapter shall pay the same fee or fees that a resident of this state pays in this state for that license if the respective applicant's domicile state does not charge a greater fee or fees for a Mississippi resident than for a resident of any other state to engage in a like activity in the other state. If the applicant's domicile state does charge a greater fee or fees for residents of Mississippi than for a resident of the applicant's domicile state, then that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(3) The department shall require a nonresident to purchase the same type and number of licenses and pay the same fees that are required of Mississippi residents to engage in like activity in the nonresident's state.

(4)(a) If an applicant applies for a nonresident commercial fishing license to engage in a certain activity and the applicant's state does not issue a nonresident commercial fishing license for that activity, then the department shall not issue such license to the applicant.

(b) If the applicant's domicile state has additional mandatory licensing requirements, the applicant must meet those requirements before receiving a nonresident commercial fishing license.

(5) Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.
Miss. Code Ann. § 49-27-39 — MS Code / Title 49 / Chapter 8 / Section 27-39
Miss. Code Ann. § 49-27-39
Status: in_force

(a) An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21 , within thirty (30) days after the mailing to the parties of the order of issuance, denial, suspension or revocation of any such permit, to the chancery court of any county having jurisdiction over the property which may be affected by any such proposed activity to be authorized by such permit.

(b) If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council's order.
Miss. Code Ann. § 49-7-301 — MS Code / Title 49 / Chapter 5 / Section 7-301
Miss. Code Ann. § 49-7-301
Status: in_force

(1) Any person who exercises the privilege of hunting in this state shall be deemed to have given implied consent to a chemical test of his blood, breath, urine or other bodily substance for the purpose of determining the presence of alcohol or any other drug if the person is involved in a hunting incident in which his use of a weapon caused an injury or death to a person.

(2) For the chemical analysis of the person's blood, breath, urine or other bodily substance to be considered valid under this section, the analysis must have been performed according to the requirements established in Section 63-11-19 .

(3) When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.
Miss. Code Ann. § 49-39-5 — MS Code / Title 49 / Chapter 33 / Section 39-5
Miss. Code Ann. § 49-39-5
Status: in_force

(1) There is established the Board of Trustees of the Mississippi Outdoor Stewardship Trust Fund, which shall consist of the following members:

(a) Four (4) members appointed by the Governor from geographically diverse areas;

(b) Three (3) members appointed by the Lieutenant Governor from geographically diverse areas;

(c) The Executive Director of the Mississippi Soil and Water Conservation Commission, as an ex officio, nonvoting member;

(d) The Executive Director of the Mississippi Department of Marine Resources, as an ex officio, nonvoting member;

(e) The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks, as an ex officio, nonvoting member;

(f) The Secretary of State, as an ex officio, nonvoting member;

(g) The Commissioner of Agriculture and Commerce, as an ex officio, nonvoting member;

(h) The Chairs of the Senate and House Appropriations Committees, as ex officio, nonvoting members;

(i) The Chairs of the Senate Finance Committee and House Ways and Means Committee, as ex officio, nonvoting members; and

(j) The Chairs of the Senate and House Wildlife, Fisheries and Parks Committees, as ex officio, nonvoting members.

One (1) of the members to be appointed by the Governor shall be appointed only after consideration of recommendations for those appointments made by the Speaker of the House of Representatives to the Governor. One (1) of the members to be appointed by the Lieutenant Governor shall be appointed only after consideration of recommendations for those appointments made by the Speaker of the House of Representatives to the Lieutenant Governor.

(2) The members of the board appointed by the Governor and Lieutenant Governor shall be appointed from the following private sectors: forestry, conservation, agriculture, business, marine resources, hunting or fishing. Such members shall be and shall remain Mississippi residents during their tenure on the board and shall possess a demonstrated knowledge of and commitment to public lands, land conservation and outdoor recreation. These seven (7) appointments shall be subject to the advice and consent of the Mississippi State Senate.

(3)(a) Two (2) persons initially appointed by the Governor and two (2) persons initially appointed by the Lieutenant Governor shall serve terms ending June 30, 2025. The other two (2) persons initially appointed by the Governor and the remaining person initially appointed by the Lieutenant Governor shall serve terms ending June 30, 2026.

After the expiration of the initial terms, each such appointment shall be for a term of four (4) years from the expiration of the previous term.

(b) A majority of the voting members of the board shall constitute a quorum for the conduct of meetings, and all actions of the board shall require a majority vote of the voting members of the board.

(c) The board shall annually elect one (1) voting member to serve as chairman and one (1) voting member to serve as vice chairman. The vice chairman shall act as chairman in the absence or disability of the chairman, or if there is a vacancy in the office of chairman.

(4) The members of the board appointed by the Governor and Lieutenant Governor shall receive a per diem as provided in Section 25-3-69 , plus travel and necessary expenses incidental to the attendance at each board meeting, including mileage, as provided in Section 25-3-41 .

(5) No board member shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated, as provided in Section 25-4-105 .

(6) The board shall not approve any funding to any entity of which a voting member of the board is an executive, member or employee.

(7) The Department of Finance and Administration shall provide the office space, staff and other support necessary for the board to perform its duties.
Miss. Code Ann. § 49-19-305 — MS Code / Title 49 / Chapter 9 / Section 19-305
Miss. Code Ann. § 49-19-305
Status: in_force

As used in Sections 49-19-301 through 49-19-307 unless the context requires otherwise:

(a) “Prescribed burning” means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.

(b) “Certified prescribed burn manager” means an individual or county forester who successfully completes the certification program approved by the Mississippi Forestry Commission.

(c) “Prescription” means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
Miss. Code Ann. § 49-26-7 — MS Code / Title 49 / Chapter 10 / Section 26-7
Miss. Code Ann. § 49-26-7
Status: in_force

The department shall identify federal funding mechanisms which could be used to fund projects regarding channel maintenance. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the preparation of appropriate financial assistance documentation.
Miss. Code Ann. § 49-17-733 — MS Code / Title 49 / Chapter 10 / Section 17-733
Miss. Code Ann. § 49-17-733
Status: in_force

(1) Upon creation of the Jackson County Utility Authority, all powers of the Jackson County Utility Authority shall be exercised by the board of directors of the Mississippi Gulf Coast Regional Wastewater Authority.

(2) Upon consolidation of the Jackson County Utility Authority and the Mississippi Gulf Coast Wastewater Authority, the county authority shall be governed by a board consisting of seven (7) directors.

(a) The members of the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority shall serve as Directors of the Jackson County Utility Authority until the expiration of their existing terms. Upon expiration of a member's term, the governing body making the appointment shall appoint a person residing within the corporate boundaries of the governing body to serve as a director.

(b) The City of Gautier shall appoint one (1) director who resides within the City of Gautier for an initial term of three (3) years.

(c) The Board of Supervisors of Jackson County shall appoint two (2) additional directors for an initial term of two (2) and four (4) years, respectively, who reside within the unincorporated area of Jackson County.

(3)(a) After expiration of the initial terms, all appointed directors shall serve a term of six (6) years.

(b) No director shall hold an elected public office.

(4) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-17-401 — MS Code / Title 49 / Chapter 17 / Section 17-401
Miss. Code Ann. § 49-17-401
Status: in_force

Sections 49-17-401 through 49-17-433 shall be known as the Mississippi Underground Storage Tank Act of 1988.
Miss. Code Ann. § 49-17-753 — MS Code / Title 49 / Chapter 2 / Section 17-753
Miss. Code Ann. § 49-17-753
Status: in_force

(1) Any system of a municipality, public agency or person that becomes subject to the jurisdiction of a county authority and this act shall not impair, invalidate or abrogate any liens, bonds or other certificates of indebtedness related to water, storm water or wastewater facilities and systems incurred prior to becoming subject to the jurisdiction of the county authority.

(2) The county authority may do and perform any and all acts necessary, convenient or desirable to ensure the payment, redemption or satisfaction of such liens, bonds or other certificates of indebtedness.
Miss. Code Ann. § 49-26-5 — MS Code / Title 49 / Chapter 17 / Section 26-5
Miss. Code Ann. § 49-26-5
Status: in_force

(1) The Department of Marine Resources, referred to in this chapter as “department,” shall serve as the primary state agency with regard to coordinating channel maintenance activities along the Mississippi Gulf Coast.

(2) The department shall develop a comprehensive long-range management plan for channel maintenance activities. The plan shall at a minimum:

(a) Identify areas in which channels are in need of maintenance;

(b) Assess the short-term and long-term economic costs and benefits of the state's channels;

(c) Promote channel sand bypassing to replicate the natural flow of sand; and

(d) Recommend channel maintenance projects to the Legislature for funding which ensures the geographic coordination and sequencing of prioritized projects.
Miss. Code Ann. § 49-35-21 — MS Code / Title 49 / Chapter 17 / Section 35-21
Miss. Code Ann. § 49-35-21
Status: in_force

In accordance with Section 49-2-9 , the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusion of brownfield property in a brownfield agreement site, including brownfield property under an existing commission agreement or order; requirements for submission of additional information as part of the application or processing of the application and additional requirements for public notice.
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 3 / Section 23-21
Miss. Code Ann. § 49-23-21
Status: in_force

In addition to the remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of 1972 , and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Miss. Code Ann. § 49-7-20 — MS Code / Title 49 / Chapter 4 / Section 7-20
Miss. Code Ann. § 49-7-20
Status: in_force

(1) It is unlawful for any person born on or after January 1, 1972, to procure any Mississippi hunting license, except a resident apprentice hunting license and a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

(2) It is unlawful for any person to issue any Mississippi hunting license, except a resident apprentice hunting license and resident combination small game hunting and fishing license, to any person born on or after January 1, 1972, unless the purchaser has provided valid certification of satisfactory completion of a hunter education course approved by the department.

(3) It is unlawful for any person to fraudulently obtain a hunter education certification.

(4) The department may revoke any hunting license or hunter education certification upon determination that the holder was not entitled to issuance or obtained the license or certification by any fraudulent means.

(5) It is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

(6) The hunter education course required for purposes of licensure shall be deemed to be satisfied by any student who enrolls in and successfully completes a school-based hunter safety course provided in accordance with Section 49-7-20.2 .
Miss. Code Ann. § 49-27-31 — MS Code / Title 49 / Chapter 17 / Section 27-31
Miss. Code Ann. § 49-27-31
Status: in_force

The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
Miss. Code Ann. § 49-17-75 — MS Code / Title 49 / Chapter 17 / Section 17-75
Miss. Code Ann. § 49-17-75
Status: in_force

The commission contemplated by Article IV of the above compact shall consist of three (3) members, as follows: One legislator, who may either be a member of the Mississippi State Senate or the Mississippi House of Representatives, to be appointed by the Mississippi Commission on Interstate Co-operation, and two (2) executive officers or employees in the executive branch of the state government whose duties, experience and abilities qualify them for such a position, to be appointed by the governor. Each member of the commission must be a qualified voter of this state and shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Miss. Code Ann. § 49-23-23 — MS Code / Title 49 / Chapter 9 / Section 23-23
Miss. Code Ann. § 49-23-23
Status: in_force

Nothing in Sections 49-23-1 through 49-23-29 , shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Miss. Code Ann. § 49-27-13 — MS Code / Title 49 / Chapter 27 / Section 27-13
Miss. Code Ann. § 49-27-13
Status: in_force

The commission may cause a copy of any application to be mailed immediately to the following parties:

(1) The chief administrative officer in the municipality or municipalities where any part of the proposed activity will be located;

(2) The president of the board of supervisors of any county where any part of the proposed activity will be located;

(3) The Executive Director of the Department of Wildlife, Fisheries and Parks;

(4) The county attorney of any county in which any part of the proposed activity will be located or in any county which may be affected by such activity;

(5) The district attorney of any judicial district in which any part of the proposed activity will be located or of any district which may be affected by such activity; and

(6) The Director of the Gulf Regional Planning Commission.
Miss. Code Ann. § 49-15-17 — MS Code / Title 49 / Chapter 3 / Section 15-17
Miss. Code Ann. § 49-15-17
Status: in_force

(1)(a) All monies received or obtained by the department under the provisions of this chapter shall be paid over by the department to the State Treasurer and shall be deposited into the fund known as the “Seafood Fund.” All revenues collected through the department, to include, but not limited to, commercial saltwater licenses and taxes, permits, fines and penalties, and confiscated catches, shall be deposited into the department operating account (Seafood Fund) and expended for the operation of the department, as authorized by the Legislature.

(b) There is established a special account to be known as the “Artificial Reef Program Account” within the Seafood Fund. Any funds received from any public or private source for the purpose of promoting, constructing, monitoring or maintaining artificial reefs in the marine waters of the state or in federal waters adjacent to the marine waters of the state shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purpose of the account.

(c) There is established a special account to be known as the “Coastal Preserve Account” within the Seafood Fund. Any funds received from any public or private source for the purpose of management, improvement and acquisition of coastal preserves in the state and money required to be deposited pursuant to Sections 27-19-56.10 and 27-19-56.27 , shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, for the management, improvement and acquisition of coastal preserves.

(d) There is established a special account to be known as the “Mississippi Seafood Marketing Program Account” within the Seafood Fund. Monies required to be deposited into the account under Section 27-19-56.27 and any funds received from any public or private source for the purpose of promoting the Mississippi seafood industry must be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year do not lapse into the Seafood Fund, but remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purposes of this account, including, but not limited to, providing funds for cobia stock enhancement programs.

(e) There is established a special account to be known as the “Oyster Production Preserve Account” within the Seafood Fund. Monies required to be deposited from oyster leasing and licensing payments under Section 49-15-27 , sack fees, and any funds received from any public or private source for the purpose of oyster production and propagation in this state, which includes plantings of oysters and cultch materials, shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to specific appropriation by the Legislature, for the management, improvement and acquisition of permittable property for oyster production and propagation in the state, which includes plantings of oysters and cultch materials. The Department of Marine Resources shall develop an annual report to the Legislature which describes the annual expenditures from this fund for the purpose of furthering oyster production and propagation in this state to be included in the department's annual budget request to the Legislative Budget Office and to be transmitted to the Chairmen of the Senate and House Committees on Ports and Marine Resources.

(2) The fund shall be treated as a special trust fund and interest earned on the principal shall be credited to the fund.

(3) The department shall keep accurate reports of monies handled as a part of the permanent records of the department, and the State Treasurer shall furnish the department such forms as may be needed, and the department shall account for such forms in reports to the Treasurer.
Miss. Code Ann. § 49-19-117 — MS Code / Title 49 / Chapter 10 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

(1) All forest acreage taxes assessed and collected by such levy as provided for in Section 49-19-115 shall be remitted to the forest acreage account in the State Treasury and shall be expended by the Forestry Commission as the commission may deem necessary in carrying out the purpose and intent of Sections 49-19-111 through 49-19-117 .

(2) The State Forestry Commission is hereby authorized to use state funds appropriated for the purpose of Sections 49-19-111 through 49-19-117 in addition to any funds made available from county forest acreage taxes, federal funds and other sources.

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-7-57 — MS Code / Title 49 / Chapter 6 / Section 7-57
Miss. Code Ann. § 49-7-57
Status: in_force

Any game animal, bird or fish lawfully taken may be possessed during the open season and during the closed season. Any game animal, bird or fish unlawfully taken may not be possessed at any time.
Miss. Code Ann. § 49-7-32 — MS Code / Title 49 / Chapter 7 / Section 7-32
Miss. Code Ann. § 49-7-32
Status: in_force

The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.
Miss. Code Ann. § 49-17-86 — MS Code / Title 49 / Chapter 17 / Section 17-86
Miss. Code Ann. § 49-17-86
Status: in_force

(1)(a) There is created a fund in the State Treasury to be designated as the “Water Pollution Control Emergency Loan Fund” hereinafter referred to as “emergency fund.”

(b) The emergency fund may receive appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. The emergency fund shall be credited with all repayments of principal and interest derived from loans made from the emergency fund.

(c) The monies in the emergency fund may be expended only in amounts appropriated by the Legislature.

(d) The emergency fund shall be maintained in perpetuity for the purposes established in Sections 49-17-81 through 49-17-89 . Unexpended amounts remaining in the emergency fund at the end of a fiscal year shall not lapse into the State General Fund. Any interest earned on amounts in the emergency fund shall be deposited to the credit of the fund.

(2) The commission shall establish a loan program to assist political subdivisions in making emergency improvements such as repairs to or replacement of machinery, equipment, materials, structures or devices in existing water pollution abatement projects or such other emergency water pollution abatement projects as the commission deems necessary. Loans from the emergency fund may be made to political subdivisions as set forth in a loan agreement in amounts not exceeding one hundred percent (100%) of eligible project costs as established by the commission. The commission may require local participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the emergency fund. The commission may establish a maximum amount for any loan not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00).

(3) Except as otherwise provided in this section, the emergency fund may be used only:

(a) To make loans on the condition that:

(i) Loans are made at or below market interest rates, at terms not to exceed ten (10) years after project completion; the interest rate may vary from time to time and from loan to loan at the discretion of the commission.

(ii) Periodic principal and interest payments will commence when required by the commission but not later than one (1) year after project completion and all loans will be fully amortized when required by the commission but not later than ten (10) years after project completion.

(iii) The recipient of a loan shall establish a dedicated source of revenue for repayment of loans. In addition, the commission may require any loan recipient to impose a per connection surcharge on each customer for repayment of any loan funds provided under this section.

(iv) The recipient of the loan is not in arrears in repayments to the Water Pollution Control Revolving Fund, the Water Pollution Control Emergency Loan Fund or under the Water Pollution Abatement Loan Program.

(b) To provide financial assistance to political subdivisions in making emergency improvements such as repairs to or replacement of machinery, equipment, materials, structures or devices in existing water pollution abatement projects or such other emergency water pollution abatement projects as the commission deems necessary.

(c) To defray the reasonable costs of administering the emergency fund and conducting activities under this section, subject to annual appropriation by the Legislature.

(4) The commission shall establish a system of evaluating the eligibility of projects, including a determination of the emergency nature of a situation for which funding is sought.

(5) The fund will be credited with all payments of principal and interest derived from the fund uses described in subsection (3) of this section. However, notwithstanding any other provision of law to the contrary, all or any portion of payments of principal and interest derived from the fund uses described in subsection (3) of this section may be designated or pledged for repayment of a loan as provided for in Section 31-25-28 in connection with a loan from the Mississippi Development Bank.

(6) In addition to any amounts allowed under subsection (3) (c), the commission may establish and collect fees to further defray the reasonable costs of administering the emergency fund. Any administrative fees may be included in loan amounts to political subdivisions for the purpose of facilitating payment to the commission; fees may not exceed five percent (5%) of the loan amount. The commission may also use administrative fees collected pursuant to Section 49-17-85 to defray the reasonable costs of administering the emergency fund.

(7) The board may, on a case-by-case basis, renegotiate the payment of principal and interest on loans made under this section to the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to political subdivisions located in such counties; however, the interest on the loans shall not be forgiven for a period of more than twenty-four (24) months and the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
Miss. Code Ann. § 49-15-100 — MS Code / Title 49 / Chapter 11 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

(1) It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90.

(2)(a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-7-58.3 — MS Code / Title 49 / Chapter 3 / Section 7-58.3
Miss. Code Ann. § 49-7-58.3
Status: in_force

(1) The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25 .

(2) A violation of this section is a Class I violation and punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-17-703 — MS Code / Title 49 / Chapter 3 / Section 17-703
Miss. Code Ann. § 49-17-703
Status: in_force

In the spirit of the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for consolidation of water, wastewater and storm water services in order to reduce costs, promote resilience in the event of a disaster, improve the quality of the natural environment, and improve the planning and delivery of quality water, wastewater and storm water services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is the need for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water services in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater and storm water services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Coast Region Utility Act is determined to be necessary and essential to the accomplishment of these purposes. To facilitate the purposes of the act, the Gulf Coast Region Utility Board, the George County Utility Authority, the Hancock County Utility Authority, the Harrison County Utility Authority, the Jackson County Utility Authority, the Pearl River County Utility Authority and the Stone County Utility Authority are created herein.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 19 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-28-27 — MS Code / Title 49 / Chapter 4 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

(1) The board of supervisors of the county in which a district exists, may, according to the terms of the resolution and upon receipt of a resolution of the board of commissioners adopted by a three-fifths ( 3 / 5 ) majority of that board requesting the funds, levy a special tax, not to exceed four (4) mills annually, on all taxable real property in the district. The avails of the tax shall be paid over to the board of commissioners of the district to be used either for the support of the district, planning, design, construction, operation, maintenance or improvement of projects of the district or for the retirement of any bonds issued by the district, or for any combination of those uses.

(2) The proceeds derived from two (2) mills of the levy authorized in this section shall be included in the ten percent (10%) increase limitation under Section 27-39-321 , and the proceeds derived from any additional millage levied under this subsection in excess of two (2) mills shall be excluded from that limitation for the first year of such additional levy and shall be included within that limitation in any year thereafter.

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-5-95 — MS Code / Title 49 / Chapter 4 / Section 5-95
Miss. Code Ann. § 49-5-95
Status: in_force

All bonds issued under the provisions of Sections 49-5-86 through 49-5-98 shall be legal investments for trustees and other fiduciaries and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 49-1-35 — MS Code / Title 49 / Chapter 1 / Section 1-35
Miss. Code Ann. § 49-1-35
Status: in_force

(1) The commission may publish an official magazine concerning the activities of the department and other matters of interest to Mississippi hunters, fishermen, boaters and other outdoorsmen. The commission may set, charge and collect a fee for subscriptions and make such other rules and regulations as may be necessary for the publishing of such magazine.

(2) For the purposes of this section, the term “ publish ” includes the publishing and production of the current print version of a magazine, as well as the production and distribution of a digital version of the magazine which shall be available exclusively online and/or in a mobile application.

(3) In order to offset costs related to the print and digital versions of the magazine, and to minimize subscription costs, the Mississippi Department of Wildlife, Fisheries and Parks is authorized to sell advertisements in and on any media falling under its control, including the official magazine, the department's website and any mobile application.

(4) The department may establish a fund to be known as the MS Outdoors Fund. The proceeds from subscriptions and sales of advertisements shall be deposited in such fund. Monies in such fund shall be deposited in an interest-bearing account in an approved state depository. Proceeds from this account, along with the interest earned on the same, for each fiscal year's magazine shall be transferred to the department's operating account to defray the publishing expenses of MS Outdoors, the digital magazine and related expenses.
Miss. Code Ann. § 49-1-12 — MS Code / Title 49 / Chapter 1 / Section 1-12
Miss. Code Ann. § 49-1-12
Status: in_force

(1) The term “conservation officer” means a law enforcement officer of the department.

(2) Wherever the terms “warden,” “game warden,” or “game and fish warden” appear, the same shall mean conservation officer.
Miss. Code Ann. § 49-27-19 — MS Code / Title 49 / Chapter 7 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 7 / Section 31-3
Miss. Code Ann. § 49-31-3
Status: in_force

The Legislature finds that:

(a) Inefficient and improper methods of managing waste create hazards to public health, cause pollution of the air and water resources and constitute a waste of natural resources;

(b) Problems in preventing pollution are statewide in scope and necessitate state action in improving methods and processes to promote more efficient methods of managing and reducing the waste generated in the state;

(c) The economic and population growth of our state and improvements in the standard of living enjoyed by our population have required increased industrial production which, coupled with expanding commercial and agricultural operations, have resulted in a rise in the amounts of waste generated;

(d) State government should take a proactive role to assist business, industry, academic institutions, governmental entities and the citizens of the state in the development of a coordinated pollution prevention program that addresses the need for both environmental protection and economic growth;

(e) There are significant opportunities for business, industry, academic institutions and governmental entities to eliminate or reduce the generation of waste at the source through cost-effective pollution prevention technologies and procedures. Use of these technologies and procedures offers business, industry, academic institutions and governmental entities savings in materials, waste management and liability costs;

(f) The opportunities for pollution prevention are often not realized because existing regulations focus more upon treatment and disposal than pollution prevention and do not emphasize multimedia management of waste; and

(g) Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Miss. Code Ann. § 49-7-171 — MS Code / Title 49 / Chapter 2 / Section 7-171
Miss. Code Ann. § 49-7-171
Status: in_force

Before approving and allocating funds for a proposed project to be undertaken outside this state or outside the United States, the commission shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project.
Miss. Code Ann. § 49-27-19 — MS Code / Title 49 / Chapter 11 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-5-97 — MS Code / Title 49 / Chapter 3 / Section 5-97
Miss. Code Ann. § 49-5-97
Status: in_force

The funds which are transferred from the sale of bonds under Sections 49-5-86 through 49-5-98 to the special fund in the State Treasury known as the “Wildlife Heritage Committee Land Purchase Fund” may be withdrawn only in the following manner: The funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which warrants shall be issued upon requisition by the chairman of the commission pursuant to a resolution adopted by the commission authorizing the requisition.

All expenditures ordered by the commission shall be entered upon its minutes, and the commission shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.
Miss. Code Ann. § 49-15-40 — MS Code / Title 49 / Chapter 5 / Section 15-40
Miss. Code Ann. § 49-15-40
Status: in_force

The department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. The department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor.
Miss. Code Ann. § 49-19-7 — MS Code / Title 49 / Chapter 15 / Section 19-7
Miss. Code Ann. § 49-19-7
Status: in_force

(1) The Mississippi Forestry Commission shall keep itself informed as to the known varieties of pine beetles and other timber insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment, control and eradication. The commission shall from time to time make rules and regulations for carrying out the provisions and requirements of this section, including rules and regulations under which its employees shall (1) inspect places, timber, and timber products, and other things and substances used or connected therewith, (2) investigate, control, eradicate and prevent the dissemination of pine beetles and other timber insect pests and diseases, and (3) supervise or cause the treatment, cutting and destruction of timber or timber products and other things infested or infected therewith. The commission's employees shall have authority to carry out and execute the regulations and orders of the commission and shall have authority, under direction of the commission, to carry out provisions of this section.

(2) The Mississippi Forestry Commission and its employees shall have the authority to enter upon any and all timber lands for the purpose of carrying out the provisions of this section.

(3) All known varieties of pine beetles and other insect pests and diseases infesting or infecting or likely to infest or infect timber or timber products in this state shall be listed by the state forestry commission, and every such variety of pine beetle and every such insect pest or disease listed and all timber and timber products infested or infected therewith are hereby declared to be a public nuisance.

(4) Before entering upon any lands for the purpose of removing any infested or infected timber having a value in excess of one hundred dollars ($100.00), where the owner of such land will not cause the removal of such infested or infected timber, the forestry commission shall first secure an order of the chancery court in term time or in vacation authorizing the commission to effect such removal. Process on any resident owner in any such proceeding shall be served as other process, and process on any non-resident owner shall be had by mailing such process by registered mail, return receipt requested, to the last known address of such non-resident or by publication in three weekly issues of a newspaper published in the county where such timber land is located if no mailing address is known. Any hearing under provisions of this section may be set at any time five days after date of service of process, or in case of publication five days after completion of such publication.

(5) It is the purpose of this section to authorize and empower the state forestry commission to control disease or insect infections or infestations in timber and timber products within this state. It is not the purpose of this section to transfer any powers from the state plant board to the state forestry commission. Use of the word “timber” shall be deemed to refer to such trees as are normally used in the manufacture of lumber and the term “timber products” shall be deemed to refer to products manufactured from such trees normally used in the manufacture of lumber.
Miss. Code Ann. § 49-15-36 — MS Code / Title 49 / Chapter 8 / Section 15-36
Miss. Code Ann. § 49-15-36
Status: in_force

(1) The Department of Marine Resources shall have full jurisdiction and control of all designated state-owned reefs and oyster bottoms of the State of Mississippi. In no event shall the department designate more than twenty percent (20%) of the permitted areas available as state-owned reefs.

(2) State-owned reefs may be opened for harvest of oysters during the season on a rotating basis. If the department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the department may close designated reef areas and keep them closed during the season.

(3) The department shall promulgate regulations regarding the closing of oyster reefs to protect the public health. When that testing indicates the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice of that opening may be made to interested parties. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department may limit the sale of oysters for human consumption.

(4)(a) The department may issue special permits for the purpose of catching oysters outside the open season or in areas not normally open to harvest to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the Department of Revenue a tax exemption letter issued by the United States Internal Revenue Service.

(b) The department shall promulgate rules and regulations governing the taking of oysters by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.

(5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.
Miss. Code Ann. § 49-28-43 — MS Code / Title 49 / Chapter 7 / Section 28-43
Miss. Code Ann. § 49-28-43
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county in which the district is located a sworn statement showing the financial condition of the district, including the revenues and expenses of the district for the fiscal year just ended. The statement shall also be furnished to the board of supervisors of the county in which the district lies.
Miss. Code Ann. § 49-5-71 — MS Code / Title 49 / Chapter 3 / Section 5-71
Miss. Code Ann. § 49-5-71
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of Sections 49-5-61 through 49-5-85 and otherwise in accordance with the provisions of law. The commission is authorized to approve land or real estate suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22 .

(2) Before such real estate is purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least two (2) appraisals by Mississippi Certified General Appraisers. Such appraisals shall be paid for by the State of Mississippi.

(3) The commission is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The commission is authorized to obtain title insurance on property purchased if, in the opinion of the commission, the best interests of the State of Mississippi would be served.

(4) In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the Department of Wildlife, Fisheries and Parks is authorized to grant easements and rights-of-way over and across any part of such state lands. Such easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such lands for recreational purposes. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of the management of such lands.
Miss. Code Ann. § 49-17-65 — MS Code / Title 49 / Chapter 5 / Section 17-65
Miss. Code Ann. § 49-17-65
Status: in_force

(1) Any political subdivision desiring to construct a waste disposal plant approved by the Office of Pollution Control of the Department of Environmental Quality, and which receives a loan from the state for that purpose, shall pledge for the repayment of such loan that part of the sales tax reimbursement to which it is entitled under Section 27-65-75 as may be required to meet a repayment schedule adopted by the State Tax Commission. The repayment schedule shall provide for monthly payments, the largest of which shall not exceed the average monthly payment for the term of years of the contract by more than fifteen percent (15%). The repayment schedule shall provide for the repayment of all funds received within not more than twenty (20) years from the date said loan is actually received by the political subdivision; however, the repayment schedule and the time for repayment of all funds received on loans renegotiated under subsection (6) of this section shall be modified by the State Tax Commission to conform with the terms of the renegotiated loan. The State Tax Commission shall withhold monthly from the amount to be remitted to a political subdivision, a sum equal to the next monthly payment.

(2) When bonds shall have been issued by the State of Mississippi to generate funds to be used for loans to be made under the provisions of Section 49-17-61 , all payments made in repayment under this section shall be deposited into the Water Pollution Abatement Bond Fund established under the provisions of Section 49-17-61 so long as any such bonds shall be outstanding and unpaid.

(3) When all the bonds shall have been paid, such payments shall be deposited in the Water Pollution Abatement Loan Fund (“loan fund”) established under the provisions of Section 49-17-61 .

(4) When no such bonds shall be outstanding and unpaid, the payments shall be deposited in the loan fund.

(5) Funds on deposit in the loan fund may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature.

(6) The Department of Environmental Quality may, on a case-by-case basis, renegotiate the payment of principal on loans made under Sections 49-17-61 through 49-17-70 to political subdivisions located in the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005; however, the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
Miss. Code Ann. § 49-35-33 — MS Code / Title 49 / Chapter 35 / Section 35-33
Miss. Code Ann. § 49-35-33
Status: in_force

The Legislature finds:

(a) There are properties in Mississippi, often referred to as “brownfields,” that were contaminated or were perceived to have been contaminated by past activities, but are attractive locations for redevelopment.

(b) The safe development or redevelopment of brownfields would benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.

(c) Owners and prospective developers and redevelopers of brownfields, local governments in which brownfields are located and federal and state government agencies should be encouraged to provide capital and labor to improve brownfields so that the property can be determined to be safe or made safe for appropriate future use.

(d) The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.

(e) Section 49-35-27, Mississippi Code of 1972 , requires the Department of Environmental Quality to conduct a survey of incentive programs in other states for cleanup of contaminated sites by January 1, 1999. The department has conducted its survey and filed its report showing incentives provided in other states.
Miss. Code Ann. § 49-7-5 — MS Code / Title 49 / Chapter 3 / Section 7-5
Miss. Code Ann. § 49-7-5
Status: in_force

(1)(a) Any resident, as defined in Section 49-7-3 , upon application, shall receive a combination resident hunting and fishing license for the sum of Twenty-five Dollars ($25.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.

(b) Any resident, as defined in Section 49-7-3 , upon application, shall receive a resident combination small game hunting and fishing license for the sum of Ten Dollars ($10.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.

(c) Any resident, as defined in Section 49-7-3 , upon application, shall receive a sportsman's license for the sum of Forty-five Dollars ($45.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Forty-five Dollars ($45.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission's records, and the licensee must apply to be placed on the renewal list.

(d) In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17 . A resident sportsman's licensee or resident lifetime sportsman's licensee may hunt during the fall turkey season without purchasing a permit.

(e) The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting.

(2)(a) Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(b) Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission.

(c) All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.

(d) The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.

(e) The requirement for purchasing and/or having a hunting or fishing license authorized in subsection (1) of this section may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization.

(3) No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.

(4) Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.

(5) Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 5 / Section 27-67
Miss. Code Ann. § 49-27-67
Status: in_force

Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner's property upon proper application being made as otherwise provided by law.
Miss. Code Ann. § 49-23-23 — MS Code / Title 49 / Chapter 23 / Section 23-23
Miss. Code Ann. § 49-23-23
Status: in_force

Nothing in Sections 49-23-1 through 49-23-29 , shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Miss. Code Ann. § 49-17-743 — MS Code / Title 49 / Chapter 3 / Section 17-743
Miss. Code Ann. § 49-17-743
Status: in_force

From and after April 18, 2006, each and every county authority shall have, in addition to any other powers granted under any other provision of law, including, but not limited to, the following:

(a) To acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more of its systems used for the collection, transportation, treatment and disposal of water, wastewater and storm water;

(b) To make contracts with any person in furtherance thereof; and to make contracts with any person, under the terms of which the county authority will collect, transport, treat or dispose of water, wastewater and storm water for such person;

(c) To make contracts with any person to design and construct any water, wastewater and storm water systems or facilities, and thereafter to purchase, lease or sell, by installments over such terms as may be deemed desirable, reasonable and necessary, or otherwise, any such system or systems;

(d) To enter into operating agreements with any person, for such terms and upon such conditions as may be deemed desirable, for the operation of any water, wastewater and storm water systems; and the county authority may lease to or from any person, for such term and upon such conditions as may be deemed desirable, any water, wastewater and storm water collection, transportation, treatment or its other facilities or systems. Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of materials to be handled by the respective system or systems and also may provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract;

(e) To enter into contracts with any person or any public agency, including, but not limited to, contracts authorized by this act, in furtherance of any of the purposes authorized under this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time, notwithstanding any provision or rule of law to the contrary; may be upon such terms and for such consideration, nominal or otherwise, as the parties thereto shall agree; and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms;

(f) To adopt an official seal and alter the same at pleasure;

(g) To sue and be sued, in its own name, and to enjoy all of the protections, immunities and benefits provided by the Mississippi Tort Claims Act, as it may be amended or supplemented from time to time;

(h) To maintain office space at such place or places within the county authority boundaries as it may determine;

(i) To invest money of the county authority, including proceeds from the sale of any bonds subject to any agreements with bondholders, on such terms and in such manner as the county authority deems proper;

(j) To require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines, and properties, electric power lines, gas pipelines and related facilities, or to require the anchoring or other protection of any of these, provided fair compensation is first paid to the owners or an agreement with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the property being relocated or rerouted in connection with the purposes of this act;

(k) To acquire, construct, improve or modify, to operate or cause to be operated and maintained, either as owner of all or of any part in common with others, any water, wastewater or storm water system within the county authority's service area. The county authority may pay all or part of the cost of any system from any contribution by persons, firms, public agencies or corporations. The county authority may receive, accept and use all funds, public or private, and pay all costs of the development, implementation and maintenance as may be determined as necessary for any project;

(l) To acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, including by eminent domain, property for public use, or by gift, grant, lease, or otherwise, real property or easements therein, franchises and personal property necessary or convenient for its corporate purposes;

(m) To acquire insurance for the county authority's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;

(n) To use any property and rent or lease any property to or from others, including public agencies, or make contracts for the use of the property. The county authority may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a security interest for any property. The powers to acquire, use and dispose of property as set forth in this paragraph shall include the power to acquire, use and dispose of any interest in that property, whether divided or undivided. Title to any property of the county authority shall be held by the county authority exclusively for the benefit of the public;

(o) To apply, contract for, accept, receive and administer gifts, grants, appropriations and donations of money, materials and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, district or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, district or instrumentality shall impose. The county authority may administer trusts. The county authority may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;

(p) To make and enforce, and from time to time amend and repeal, bylaws, rules, ordinances and regulations for the management of its business and affairs and for the construction, use, maintenance and operation of any of the systems under its management and control;

(q) To employ and terminate staff and other personnel, including attorneys, engineers and consultants as may be necessary to the functioning of the county authority. The board of directors, in its discretion, may employ an executive director having the authority to employ and fire employees and other duties as determined by the board;

(r) To establish and maintain rates, fees and any other charges for services and the use of systems and facilities within the control of the county authority, and from time to time, to adjust such rates, fees and any other charges to the end that the revenues therefrom will be sufficient at all times to pay the expenses of operating and maintaining of the facilities and treatment systems and all of the persons' obligations under any contract or bonds resolution with respect thereto or any obligation of any person under any agreement, contract, indenture or bonds resolution with respect thereto. Such rates, fees, assessments and any other charges shall not be subject to the jurisdiction of the Mississippi Public Service Commission;

(s) To adopt rules and regulations necessary to accomplish the purposes of the county authority and to assure the payment of each participating person or public agency of its proportionate share of the costs for use of any of the systems and facilities of the county authority and for the county authority's proportionate share of the costs of the utility board;

(t) To enter on public or private lands, waters or premises for the purpose of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the authority, subject to responsibility for any damage done to property entered;

(u) To accept industrial wastewater from within the boundaries of the county authority for treatment and to require the pretreatment of same when, in the opinion of the county authority, such pretreatment is necessary;

(v) To control and operate local retail water, wastewater and storm water services, and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same services in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area. Any rates, fees, assessments or other charges shall not be under the control or regulation of the Mississippi Public Service Commission;

(w) To assume control and administer, within the county authority's jurisdiction, any water, wastewater or storm water system or systems by agreement or contract with any person if the person providing such services requests to be relieved of that responsibility. However, the person may maintain control over connections in their service areas and may charge rates, fees and any other charges in addition to the rates, fees and any charges of the county authority;

(x) The county authority shall have the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of water, wastewater or storm water systems and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972 . The county authority may acquire by eminent domain property necessary for any system and the exercise of the powers, rights and duties conferred upon the county authority by this act. No person owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting such interests on any lands or interest of the county authority held or used for the purposes of this act, but any such activities shall be subject to reasonable regulations by the board of directors that will adequately protect the systems or projects of the county authority;

(y) To use any legally available funds to acquire, rebuild, operate and maintain any existing water, wastewater or storm water systems owned or operated by any person;

(z) To refuse to receive water, wastewater or storm water from any public agency or person; and

(aa) So long as any indebtedness on the systems of the county authority remains outstanding, to require by contract with a member public agency, or other person, that all water, wastewater and storm water within the boundaries of the respective county authority be disposed of through the appropriate treatment system to the extent that the same may be available, but no public agency shall be precluded from constructing, operating and maintaining its own such system after the current indebtedness owing on the system as of April 18, 2006, is paid in full.
Miss. Code Ann. § 49-17-407 — MS Code / Title 49 / Chapter 2 / Section 17-407
Miss. Code Ann. § 49-17-407
Status: in_force

(1)(a) An environmental protection fee of Four-tenths of One Cent ( 4 / 10 of 1¢) per gallon is hereby levied upon any bonded distributor, as defined by Sections 49-17-401 through 49-17-433 , who sells or delivers motor fuels to a retailer or user in this state.

(b) Every person, other than a bonded distributor, who shall purchase or acquire motor fuels within this state on which the environmental protection fee has not accrued, shall be liable for the environmental protection fee.

(c) The environmental protection fee shall be imposed only one (1) time on motor fuels sold in the state.

(d) The environmental protection fee shall be collected by the Department of Revenue and shall be designated separately from the excise taxes on fuels.

(e) Any person liable for the environmental protection fee shall be subject to the same requirements and penalties as distributors under the provisions of the Mississippi Special Fuel Tax Law.

(f) Any person liable for the environmental protection fee shall file a report and remit any fees due at the same time provided for filing reports under Section 27-55-523 , on forms prescribed by the Department of Revenue.

(g) The Department of Revenue is hereby authorized and empowered to promulgate all rules and regulations necessary for the administration of the environmental protection fee.

(2)(a) On or before the fifteenth day of each month the environmental protection fees collected during the previous month shall be deposited into the Mississippi Groundwater Protection Trust Fund established in Section 49-17-405 . When the unobligated balance in the fund reaches or exceeds Ten Million Dollars ($10,000,000.00), the administrator of the fund shall notify in writing the Department of Revenue no later than the twenty-fifth day of the month to revise the distribution of the environmental protection fee and the Department of Revenue shall deposit the fee into the State Highway Fund. Such distribution shall become effective on the last day of the month succeeding the month in which such notice was given. All environmental protection fees accrued shall be reported and paid.

(b) When the fund balance is reduced below Six Million Dollars ($6,000,000.00), the fee shall again be deposited into the Mississippi Groundwater Protection Trust Fund until such time as the fund shall reach or exceed Ten Million Dollars ($10,000,000.00). The administrator of the fund shall notify, no later than the twenty-fifth day of the month, the Department of Revenue to deposit the environmental protection fee into the Mississippi Groundwater Protection Trust Fund and such distribution shall become effective on the first day of the second month succeeding the month in which the notice to deposit the fee into the fund was given.

(3) This fund shall be used for the purposes set forth in Sections 49-17-401 through 49-17-435 and for no other governmental purposes, nor shall any portion hereof ever be available to borrow from by any branch of government; it being the intent of the Legislature that this fund and its increments shall remain intact and inviolate. Any interest earned on monies in this fund shall remain in this fund.

(4) Monies held in the fund established under Sections 49-17-401 through 49-17-435 shall be used for supplemental funding of the Underground Storage Tank (UST) Program as described in Section 49-17-405 and only at an active site and shall be disbursed in accordance with the commission requirements and as follows:

(a) Payments shall be made to any third party who brings a third-party claim against any owner of an underground storage tank and the commission as trustee of the Mississippi Groundwater Protection Trust Fund and who obtains a final judgment in such action which is valid and enforceable in this state against such parties. Payment shall be paid to the third party upon filing by such party an application with the department attaching the original or a certified copy of the final judgment.

(b) Payments shall be made in reasonable amounts to approved response action contractors and other parties involved in the site study and cleanup. Payment shall be made to the party incurring the costs by filing of a sworn application with the department indicating the fair and reasonable value of the costs of site rehabilitation, subject to the regulations and limitations as set by the department.

(5) Payments from the fund are limited as follows:

(a) For cleanup purposes, a maximum of One Million Five Hundred Thousand Dollars ($1,500,000.00) may be disbursed from the fund for any one (1) site, per confirmed release occurrence.

(b) For third-party judgments, a maximum of One Million Dollars ($1,000,000.00) may be disbursed from the fund for any one (1) site, per confirmed release occurrence.

(c) Nothing in Sections 49-17-401 through 49-17-435 shall establish or create any liability or responsibility on the part of the department or the State of Mississippi to pay any cleanup costs or third-party claims if the fund created herein is insufficient to do so.

(6) Monies held in the fund established under Sections 49-17-401 through 49-17-435 shall not be used for purchases of equipment needed to assist in cleanup operations.

(7) Nothing in Sections 49-17-401 through 49-17-435 shall serve to limit any recovery against an owner of an underground storage tank in excess of the fund payment limits established under this section.

(8) Substantial compliance shall in no way be construed to be an absolute defense to civil liability.
Miss. Code Ann. § 49-33-7 — MS Code / Title 49 / Chapter 13 / Section 33-7
Miss. Code Ann. § 49-33-7
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

(a) “Act” shall mean the Mississippi Agricultural and Forestry Activity Act.

(b) “Forest or agricultural land” means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products including nongame species where the land is classified by the county as forest, agricultural or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities.

(c) “Forestry activities” means any activity on forest land associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.

(d) “Agricultural activities” means any activities included under Section 27-35-50(4) as agricultural purposes.

(e) “Inverse condemnation” means any action by the State of Mississippi that prohibits or severely limits the right of an owner to conduct forestry or agricultural activities on forest or agricultural land. Inverse condemnation shall not include an action by the state that is:

(i) A taking as defined in paragraph (l) of this section;

(ii) A result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety; or

(iii) An order issued as a result of a violation of state law; or

(iv) An action as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks as set forth in Sections 49-7-1 through 49-7-257 or concerning the closing or shortening of open seasons as set forth in Section 49-1-29(a) .

(f) “Noxious in fact” means an activity that constitutes a public nuisance under common law.

(g) “Owner” means the holder of legal or equitable title to:

(i) Forest or agricultural land or timber, wood or forest products, including the management of nongame species thereon; or

(ii) Personal property rights associated with conducting forestry or agricultural activities on forest or agricultural land.

(h) “Prohibits or severely limits” means to reduce the fair market value of forest or agricultural land (or any part or parcel thereof) or timber, wood or forest products including nongame species (or any part or parcel thereof) or personal property rights associated with conducting forestry or agricultural activities on the forest or agricultural land by more than forty percent (40%) of their value before the action.

(i) “Public health and safety” means actions by the State of Mississippi based upon its police powers. Public health and safety actions prohibiting or severely restricting forestry or agricultural activities shall be:

(i) Taken only in response to real and substantial threats to public health and safety;

(ii) Designated to significantly advance the health and safety purpose; and

(iii) No greater than necessary to achieve the health and safety purpose.

(j) “State of Mississippi” or “state” means the State of Mississippi, any county, municipality or any political subdivision thereof.

(k) “State law” means any statute, rule, regulation, ordinance, resolution or similar action by the State of Mississippi validly existing and as interpreted on October 1, 1994. State law shall not include:

(i) Any judicial or executive interpretation of a state law after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities that were not prohibited or severely limited before October 1, 1994; or

(ii) Any legislative amendment, interpretation or enactment by the state after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities (except such actions that are the result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety).

(l) “Taking” means any action by the State of Mississippi under the Fifth Amendment to the United States Constitution, the Fourteenth Amendment to the United States Constitution, or Article III, Section 17 of the Mississippi Constitution where the owner is entitled to compensation for the fair market value of the owner's property or some part thereof (or required to forfeit the property in accordance with state forfeiture laws). Taking shall include the formal exercise of the power of eminent domain, the seizure or forfeiture of property for violations of law or as evidence in criminal proceedings or the issuance of orders authorized by statute or issued by a state agency or court of law for violations of state law. Taking shall not include the repealing of any state action that lessens interference with the conduct of forestry or agricultural activities.

(m) “Personal property” means any interest acquired by deed, lease, contract or agreement in standing or severed timber, wood or forest products.
Miss. Code Ann. § 49-27-33 — MS Code / Title 49 / Chapter 9 / Section 27-33
Miss. Code Ann. § 49-27-33
Status: in_force

The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.
Miss. Code Ann. § 49-3-7 — MS Code / Title 49 / Chapter 2 / Section 3-7
Miss. Code Ann. § 49-3-7
Status: in_force

The board of trustees of state institutions of higher learning shall provide for such laboratory such buildings, equipment, personnel, supplies and service as it shall determine to be necessary for the proper operation and maintenance of such laboratory, having due regard for the contributory facilities and programs already existing at Mississippi State University.
Miss. Code Ann. § 49-15-45 — MS Code / Title 49 / Chapter 4 / Section 15-45
Miss. Code Ann. § 49-15-45
Status: reserved

Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such department relating to such oyster reefs.
Miss. Code Ann. § 49-7-255 — MS Code / Title 49 / Chapter 1 / Section 7-255
Miss. Code Ann. § 49-7-255
Status: in_force

(1) All other property which is forfeited under Sections 49-7-251 through 49-7-257 , and except as provided in subsections (2), (5) and (6) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:

(a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency.

(b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.

(2) All money which is forfeited under Sections 49-7-251 through 49-7-257 shall be divided, deposited and credited in the same manner as set forth in subsection (1) of this section.

(3) All property forfeited, deposited and credited to the Mississippi Department of Wildlife, Fisheries and Parks under Sections 49-7-251 through 49-7-257 shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Department of Wildlife, Fisheries and Parks upon appropriation by the Legislature.

(4) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:

(a) To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (1) of this section.

(5) Any state, county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property or money that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such state, county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (7) of this section.

(6) The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate for official purposes all property, other than money that has been forfeited to the Mississippi Department of Wildlife, Fisheries and Parks if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the Mississippi Department of Wildlife, Fisheries and Parks may purchase the interest of a bona fide lienholder, secured party, or other party who holds an interest so that such property can be released for use by the department.

The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate such property with money appropriated to the department for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the Mississippi Department of Wildlife, Fisheries and Parks is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (7) of this section.

(7) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.
Miss. Code Ann. § 49-19-35 — MS Code / Title 49 / Chapter 13 / Section 19-35
Miss. Code Ann. § 49-19-35
Status: in_force

As used in this section:

(a) “ Biomass ” means bioenergy feedstocks from forest products manufacturing, including, without limitation:

(i) Forest products manufacturing residuals, including, without limitation:

1. Pulping liquors;

2. Pulping byproducts;

3. Woody manufacturing residuals;

4. Paper recycling residuals;

5. Wastewater and processed water treatment plant residuals; and

6. Anaerobic digester biogas;

(ii) Harvest residues, including, without limitation, trees or portions of harvested trees;

(iii) Downed wood from extreme weather events or natural disasters;

(iv) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(v) Plant material removed for purposes of invasive or noxious plant species control;

(vi) Biowaste, including, without limitation, landfill gas;

(vii) Forest biomass derived from residues created as a byproduct of timber harvesting;

(viii) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration or to maintain or enhance forest health;

(ix) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 CFR Statute 241.1 et seq., as it existed on January 1, 2023; and

(x) Other used wood products, including, without limitation, crates and pallets.

(b) “ Bioenergy with carbon capture and storage ” means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
Miss. Code Ann. § 49-17-715 — MS Code / Title 49 / Chapter 1 / Section 17-715
Miss. Code Ann. § 49-17-715
Status: repealed

(1) There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “ George County Utility Authority ,” unless the George County Board of Supervisors dissolves the authority by January 1, 2007, as provided in subsection (2). The authority will be composed of the geographic area of George County as defined in Section 19-1-39, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of George County. The George County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the George County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

(2) [Repealed]

(3) If the county authority is dissolved, the board of supervisors may reestablish the county authority by a resolution duly adopted and entered on its minutes stating the necessity for the county authority. The board shall file a certified copy of the resolution with the Secretary of State, the Public Service Commission and the utility board.
Miss. Code Ann. § 49-19-171 — MS Code / Title 49 / Chapter 11 / Section 19-171
Miss. Code Ann. § 49-19-171
Status: in_force

The governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with any one or more of the States of Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, and the legislature hereby signifies in advance its approval and ratification of such compact:

SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I.

The purpose of this compact is to promote effective prevention and control of forest fires in the southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection.

Article II.

This compact shall become operative immediately as to those states ratifying it whenever any two (2) or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

Article III.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.

The compact administrator of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the senate and one member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the governor of each member state shall appoint two (2) representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V.

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.

All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purpose of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Article VI.

Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any federal agency and a member state or states.

Article VII.

The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators.

Article VIII.

The provisions of articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region: Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

Article IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state provide, takes action to withdraw therefrom. Such action shall not be effective until six (6) months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
Miss. Code Ann. § 49-15-94 — MS Code / Title 49 / Chapter 11 / Section 15-94
Miss. Code Ann. § 49-15-94
Status: in_force

It is unlawful for any person to use a purse seine to catch mullet during the roe mullet season. A violation of this subsection is punishable by the penalties provided in Section 49-15-100(2) for the unlawful use of gill or trammel nets.
Miss. Code Ann. § 49-15-40 — MS Code / Title 49 / Chapter 2 / Section 15-40
Miss. Code Ann. § 49-15-40
Status: in_force

The department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. The department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor.
Miss. Code Ann. § 49-19-23 — MS Code / Title 49 / Chapter 7 / Section 19-23
Miss. Code Ann. § 49-19-23
Status: in_force

All moneys paid to the State of Mississippi by the United States, on account of national forest lands in Mississippi, established under the provisions of the Weeks Law, so-called, being an Act of Congress, approved March 1, 1911, and amendments thereto, shall be apportioned by the state treasurer to the several counties in which such national forest lands are or may be, in proportion to the area of such national forest lands in each, as determined by the forest service of the United States Department of Agriculture.

The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository within sixty (60) days after receipt thereof, and fifty percent (50%) of such funds received by the county shall be expended for the benefit of the public schools, and the remaining fifty percent (50%) of such funds shall, in the discretion of the board of supervisors, be expended for the benefit of the public roads or of the public schools of the school districts within which national forest lands may be located.

In any area affected not having a school located therein, all of such funds may be expended on roads.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, if the board of supervisors elects to apportion fifty percent (50%) of the funds so received to public roads, the funds shall be expended upon the public roads within the supervisors district or districts within which the national forest lands are located.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, that portion of the funds allocated to public schools may, within the discretion of the county school board, be expended for the public schools within the county wherein the national forest lands are located.

In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.
Miss. Code Ann. § 49-17-747 — MS Code / Title 49 / Chapter 2 / Section 17-747
Miss. Code Ann. § 49-17-747
Status: in_force

(1) Any public agency or person, pursuant to a duly adopted resolution of the governing body of such public agency or person, may enter into contracts with the county authority or county authorities under the terms of which the county authority will manage, operate and contract for usage of its systems and facilities, or other services, for such person or public agency.

(2) Any public agency or person may enter into contracts with the county authority for the county authority to purchase or sell, by installments over such terms as may be deemed desirable, or otherwise, to any person or any systems. Any public agency may sell, donate, convey, or otherwise dispose of water, wastewater and storm water facilities or systems; or any equipment, personal property or any other things, deemed necessary for the construction, operation, and maintenance to the county authority without the necessity of appraisal, advertising, or bidding. This section creates an alternative method of disposal of public property.

(3) Any public agency is authorized to enter into operating agreements with the county authority, for such terms and upon such conditions as may be deemed desirable, for the operation of any of its systems of any person by the county authority or by any person contracting with the county authority to operate such systems.

(4) Any public agency may lease to or from the county authority, for such term and upon such conditions as may be deemed desirable, any of its systems.

(5) Any municipality or county may donate office space, equipment, supplies, and materials to the authority.

(6) Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of the material to be handled by the wastewater or storm water systems and may also provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract. Such contracts may obligate the public agency to make payments to the county authority or to a trustee in amounts which shall be sufficient to enable the county authority to defray the expenses of administering, operating and maintaining its respective systems, to pay interest and principal (whether at maturity upon redemption or otherwise) on bonds of the county authority, issued under this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, to fulfill the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the county authority issued under this act or to fulfill any other requirement relating to bonds issued pursuant to this act.

(7) Any public agency shall have the power to enter into such contracts with the county authority as in the discretion of the governing body of the public agency would be in the best interest of the public agency. Such contracts may include a pledge of the full faith and credit of such public agency and/or the avails of any special assessments made by such public agency against property receiving benefits, as now or hereafter are provided by law. Any such contract may provide for the sale, or lease to, or use of by the county authority, of the systems or any part thereof, of the public agency; and may provide that the county authority shall operate its systems or any part thereof of the public agency; and may provide that any public agency shall have the right to continued use and/or priority use of the systems or any part thereof during the useful life thereof upon payment of reasonable charges therefor; and may contain provisions to assure equitable treatment of persons or public agencies who contract with the county authority under this act; and may contain such other provisions and requirements as the parties thereto may determine to be appropriate or necessary. Such contracts may extend over any period of time, notwithstanding any provisions of law to the contrary, and may extend beyond the life of the respective systems or any part thereof or the term of the bonds sold with respect to such facilities or improvements thereto.

(8) The obligations of a public agency arising under the terms of any contract referred to in this act, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable wholly or in part from the revenues and other monies derived by the public agency from the operation of its systems or of its combined systems, or any part thereof, such obligations shall be treated as expenses of operating such systems.

(9) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for the respective systems or any part thereof subject to repayment by the county authority. A public agency may make such contributions or advances from its general fund or surplus fund or from special assessments or from any monies legally available therefor.

(10) Payments made, or to be made, to the county authority by a public agency or other person under a contract for any of its treatment systems, or any part thereof, shall not be subject to approval or review by the Mississippi Public Service Commission.

(11) Subject to the terms of a contract or contracts referred to in this act, the county authority is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of any of the systems operated or maintained by the county authority, whether or not such systems are owned by the county authority.

(12) No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of any of the county authority's systems, or any part thereof, owned or operated by such public agency.
Miss. Code Ann. § 49-15-64.3 — MS Code / Title 49 / Chapter 15 / Section 15-64.3
Miss. Code Ann. § 49-15-64.3
Status: in_force

(1) It is unlawful for any person, firm or corporation to take, catch or have in their possession within territorial waters of the State of Mississippi shrimp of a size weighing in the raw state less than one (1) pound to each sixty-eight (68) shrimp, except as provided under Section 49-15-64.1 , except when a valid permit or affidavit of another state identifies the catch as having been taken in non-Mississippi waters, or except in case of live bait shrimp.

(2) It is unlawful to take, catch or have in possession live bait shrimp of a size weighing in the raw state less than one (1) pound to each one hundred (100) shrimp. This provision may be changed by a two-thirds ( 2 / 3 ) vote of the commission. The commission may adopt rules, regulations, guidelines and other operation criteria in conjunction with licensing live bait dealers and live bait catcher boats as it deems appropriate to ensure that only bona fide operations will be licensed.

(3) If a live bait dealer or live bait catcher boat is convicted of a violation of this chapter or a duly adopted ordinance of the commission, the commission may, in addition to punishment duly adjudicated, revoke the license of the vessel or dealer to whom it is issued for a period not exceeding two (2) weeks following conviction of the first offense, not exceeding six (6) months following conviction of the second offense, and up to one (1) year following conviction of the third and subsequent offenses, if the subsequent offenses are committed within three (3) years of the first offense. Upon the revocation of the license, the commission may require the posting of a cash performance bond not to exceed One Thousand Dollars ($1,000.00) before the reissuance of that revoked license. The commission may require the forfeiture of that bond upon the subsequent conviction of any violation of this chapter or a duly adopted ordinance of the commission. If a person who posts bond under this section desires to no longer engage in the live bait business, that person shall certify that fact to the commission who shall return the bond. If that person desires to again engage in the live bait business, a cash performance bond may be required before the issuance of a license.
Miss. Code Ann. § 49-13-9 — MS Code / Title 49 / Chapter 5 / Section 13-9
Miss. Code Ann. § 49-13-9
Status: in_force

The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the department. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.
Miss. Code Ann. § 49-17-739 — MS Code / Title 49 / Chapter 17 / Section 17-739
Miss. Code Ann. § 49-17-739
Status: in_force

The purpose of Sections 49-17-739 through 49-17-773 is to confer certain powers on the county authorities for the purpose of cooperating with federal, state and local public agencies for the further development of local and regional water, wastewater and storm water services within the Gulf Coast Region. In addition to the powers over water, wastewater and storm water, the Harrison County Utility Authority is granted power over solid waste within its jurisdiction.
Miss. Code Ann. § 49-17-723 — MS Code / Title 49 / Chapter 3 / Section 17-723
Miss. Code Ann. § 49-17-723
Status: in_force

There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Stone County Utility Authority.” The authority is composed of the geographic area of Stone County as defined in Section 19-1-131, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of Stone County. The Stone County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the Stone County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 6 / Section 19-207
Miss. Code Ann. § 49-19-207
Status: in_force

The commission shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227 , and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Miss. Code Ann. § 49-9-17 — MS Code / Title 49 / Chapter 8 / Section 9-17
Miss. Code Ann. § 49-9-17
Status: in_force

Any person, firm, or corporation, violating this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined twice the fee for the required license, or be imprisoned not more than three (3) months, or both, and shall forfeit any license issued by the department for a period of not less than twelve (12) consecutive months from the date of conviction. Any violator whose license has been revoked and who is apprehended for taking mussels during the twelve-month period of revocation shall be imprisoned not less than thirty (30) days nor more than six (6) months.
Miss. Code Ann. § 49-19-307 — MS Code / Title 49 / Chapter 4 / Section 19-307
Miss. Code Ann. § 49-19-307
Status: in_force

(1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.

(2) Prescribed burning conducted under the provisions of this section shall:

(a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;

(b) Require that a written prescription be prepared and notarized prior to prescribed burning;

(c) Require that a burning permit be obtained from the Mississippi Forestry Commission; and

(d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.

(3) The Mississippi Forestry Commission shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.

(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-67 — MS Code / Title 49 / Chapter 9 / Section 17-67
Miss. Code Ann. § 49-17-67
Status: in_force

Before any political subdivision shall receive any loan it shall have executed with the state tax commission a repayment agreement, a copy of which must also be filed with the bureau of pollution control of the department of natural resources, after which the bureau shall enter upon its minutes a certificate certifying that the waste disposal plant has been approved, a copy of which certificate must be delivered to and filed with the Mississippi State Tax Commission. The repayment schedule hereinabove provided for shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.
Miss. Code Ann. § 49-15-36 — MS Code / Title 49 / Chapter 15 / Section 15-36
Miss. Code Ann. § 49-15-36
Status: in_force

(1) The Department of Marine Resources shall have full jurisdiction and control of all designated state-owned reefs and oyster bottoms of the State of Mississippi. In no event shall the department designate more than twenty percent (20%) of the permitted areas available as state-owned reefs.

(2) State-owned reefs may be opened for harvest of oysters during the season on a rotating basis. If the department determines that a particular reef has been overharvested or that a high percentage of sublegal size oysters exist on a particular reef and that harvest could damage future oyster crops, the department may close designated reef areas and keep them closed during the season.

(3) The department shall promulgate regulations regarding the closing of oyster reefs to protect the public health. When that testing indicates the oysters on the closed reef are suitable for consumption, the reef shall be opened for the taking of oysters as soon as notice of that opening may be made to interested parties. The authority to open or close oyster reefs under this chapter shall be solely within the discretion of the department. The Gulf Coast Research Laboratory or other certified laboratory shall cooperate with the department and shall conduct necessary tests to determine the condition of oyster reefs at the request of the department. The department may limit the sale of oysters for human consumption.

(4)(a) The department may issue special permits for the purpose of catching oysters outside the open season or in areas not normally open to harvest to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the Department of Revenue a tax exemption letter issued by the United States Internal Revenue Service.

(b) The department shall promulgate rules and regulations governing the taking of oysters by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.

(5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 18 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-17-743 — MS Code / Title 49 / Chapter 7 / Section 17-743
Miss. Code Ann. § 49-17-743
Status: in_force

From and after April 18, 2006, each and every county authority shall have, in addition to any other powers granted under any other provision of law, including, but not limited to, the following:

(a) To acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more of its systems used for the collection, transportation, treatment and disposal of water, wastewater and storm water;

(b) To make contracts with any person in furtherance thereof; and to make contracts with any person, under the terms of which the county authority will collect, transport, treat or dispose of water, wastewater and storm water for such person;

(c) To make contracts with any person to design and construct any water, wastewater and storm water systems or facilities, and thereafter to purchase, lease or sell, by installments over such terms as may be deemed desirable, reasonable and necessary, or otherwise, any such system or systems;

(d) To enter into operating agreements with any person, for such terms and upon such conditions as may be deemed desirable, for the operation of any water, wastewater and storm water systems; and the county authority may lease to or from any person, for such term and upon such conditions as may be deemed desirable, any water, wastewater and storm water collection, transportation, treatment or its other facilities or systems. Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of materials to be handled by the respective system or systems and also may provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract;

(e) To enter into contracts with any person or any public agency, including, but not limited to, contracts authorized by this act, in furtherance of any of the purposes authorized under this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time, notwithstanding any provision or rule of law to the contrary; may be upon such terms and for such consideration, nominal or otherwise, as the parties thereto shall agree; and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms;

(f) To adopt an official seal and alter the same at pleasure;

(g) To sue and be sued, in its own name, and to enjoy all of the protections, immunities and benefits provided by the Mississippi Tort Claims Act, as it may be amended or supplemented from time to time;

(h) To maintain office space at such place or places within the county authority boundaries as it may determine;

(i) To invest money of the county authority, including proceeds from the sale of any bonds subject to any agreements with bondholders, on such terms and in such manner as the county authority deems proper;

(j) To require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines, and properties, electric power lines, gas pipelines and related facilities, or to require the anchoring or other protection of any of these, provided fair compensation is first paid to the owners or an agreement with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the property being relocated or rerouted in connection with the purposes of this act;

(k) To acquire, construct, improve or modify, to operate or cause to be operated and maintained, either as owner of all or of any part in common with others, any water, wastewater or storm water system within the county authority's service area. The county authority may pay all or part of the cost of any system from any contribution by persons, firms, public agencies or corporations. The county authority may receive, accept and use all funds, public or private, and pay all costs of the development, implementation and maintenance as may be determined as necessary for any project;

(l) To acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, including by eminent domain, property for public use, or by gift, grant, lease, or otherwise, real property or easements therein, franchises and personal property necessary or convenient for its corporate purposes;

(m) To acquire insurance for the county authority's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;

(n) To use any property and rent or lease any property to or from others, including public agencies, or make contracts for the use of the property. The county authority may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a security interest for any property. The powers to acquire, use and dispose of property as set forth in this paragraph shall include the power to acquire, use and dispose of any interest in that property, whether divided or undivided. Title to any property of the county authority shall be held by the county authority exclusively for the benefit of the public;

(o) To apply, contract for, accept, receive and administer gifts, grants, appropriations and donations of money, materials and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, district or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, district or instrumentality shall impose. The county authority may administer trusts. The county authority may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;

(p) To make and enforce, and from time to time amend and repeal, bylaws, rules, ordinances and regulations for the management of its business and affairs and for the construction, use, maintenance and operation of any of the systems under its management and control;

(q) To employ and terminate staff and other personnel, including attorneys, engineers and consultants as may be necessary to the functioning of the county authority. The board of directors, in its discretion, may employ an executive director having the authority to employ and fire employees and other duties as determined by the board;

(r) To establish and maintain rates, fees and any other charges for services and the use of systems and facilities within the control of the county authority, and from time to time, to adjust such rates, fees and any other charges to the end that the revenues therefrom will be sufficient at all times to pay the expenses of operating and maintaining of the facilities and treatment systems and all of the persons' obligations under any contract or bonds resolution with respect thereto or any obligation of any person under any agreement, contract, indenture or bonds resolution with respect thereto. Such rates, fees, assessments and any other charges shall not be subject to the jurisdiction of the Mississippi Public Service Commission;

(s) To adopt rules and regulations necessary to accomplish the purposes of the county authority and to assure the payment of each participating person or public agency of its proportionate share of the costs for use of any of the systems and facilities of the county authority and for the county authority's proportionate share of the costs of the utility board;

(t) To enter on public or private lands, waters or premises for the purpose of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the authority, subject to responsibility for any damage done to property entered;

(u) To accept industrial wastewater from within the boundaries of the county authority for treatment and to require the pretreatment of same when, in the opinion of the county authority, such pretreatment is necessary;

(v) To control and operate local retail water, wastewater and storm water services, and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same services in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area. Any rates, fees, assessments or other charges shall not be under the control or regulation of the Mississippi Public Service Commission;

(w) To assume control and administer, within the county authority's jurisdiction, any water, wastewater or storm water system or systems by agreement or contract with any person if the person providing such services requests to be relieved of that responsibility. However, the person may maintain control over connections in their service areas and may charge rates, fees and any other charges in addition to the rates, fees and any charges of the county authority;

(x) The county authority shall have the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of water, wastewater or storm water systems and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972 . The county authority may acquire by eminent domain property necessary for any system and the exercise of the powers, rights and duties conferred upon the county authority by this act. No person owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting such interests on any lands or interest of the county authority held or used for the purposes of this act, but any such activities shall be subject to reasonable regulations by the board of directors that will adequately protect the systems or projects of the county authority;

(y) To use any legally available funds to acquire, rebuild, operate and maintain any existing water, wastewater or storm water systems owned or operated by any person;

(z) To refuse to receive water, wastewater or storm water from any public agency or person; and

(aa) So long as any indebtedness on the systems of the county authority remains outstanding, to require by contract with a member public agency, or other person, that all water, wastewater and storm water within the boundaries of the respective county authority be disposed of through the appropriate treatment system to the extent that the same may be available, but no public agency shall be precluded from constructing, operating and maintaining its own such system after the current indebtedness owing on the system as of April 18, 2006, is paid in full.
Miss. Code Ann. § 49-17-753 — MS Code / Title 49 / Chapter 4 / Section 17-753
Miss. Code Ann. § 49-17-753
Status: in_force

(1) Any system of a municipality, public agency or person that becomes subject to the jurisdiction of a county authority and this act shall not impair, invalidate or abrogate any liens, bonds or other certificates of indebtedness related to water, storm water or wastewater facilities and systems incurred prior to becoming subject to the jurisdiction of the county authority.

(2) The county authority may do and perform any and all acts necessary, convenient or desirable to ensure the payment, redemption or satisfaction of such liens, bonds or other certificates of indebtedness.
Miss. Code Ann. § 49-27-41 — MS Code / Title 49 / Chapter 23 / Section 27-41
Miss. Code Ann. § 49-27-41
Status: in_force

Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39 . Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.
Miss. Code Ann. § 49-25-5 — MS Code / Title 49 / Chapter 15 / Section 25-5
Miss. Code Ann. § 49-25-5
Status: in_force

(a) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(b) The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(c) The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

(d) “Interstate system” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the state highway commission, and approved by the secretary of commerce, pursuant to the provisions of Title 23, United States Code, “Highway.”

(e) “Primary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state highway commission, and approved by the secretary of commerce, pursuant to the provisions of Title 23, United States Code, “Highways.”
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 15 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-11-21 — MS Code / Title 49 / Chapter 11 / Section 11-21
Miss. Code Ann. § 49-11-21
Status: in_force

Any native wild game found on shooting preserves or commercial wildlife enclosures may be harvested only in accordance with applicable game and hunting laws and regulations issued by the commission or the U.S. Fish and Wildlife Service.
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 6 / Section 17-117
Miss. Code Ann. § 49-17-117
Status: in_force

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Miss. Code Ann. § 49-17-741 — MS Code / Title 49 / Chapter 1 / Section 17-741
Miss. Code Ann. § 49-17-741
Status: in_force

(1) The board of directors of a county authority shall elect annually from its number a president and vice president of the county authority and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the authority and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall act in the absence or disability of the president. Each board also shall appoint a secretary and a treasurer who may or may not be members of the board, and it may combine these offices. The treasurer shall give bond in the sum of not less than One Hundred Thousand Dollars ($100,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Twenty-five Thousand Dollars ($25,000.00), with sureties qualified to do business in this state, and the premiums on the bonds shall be an expense of the authority. Each bond shall be payable to the State of Mississippi, and the condition of each bond shall be that the treasurer and director will faithfully perform all duties of his office and account for all money and other assets which shall come into his custody as treasurer or director of the authority.

(2) Each director of a county authority shall serve without salary, but shall be entitled to receive per diem pay as provided for in Section 25-3-69 and shall be reimbursed his actual necessary expenses, as provided in Section 25-3-41 , incurred while in the performance of his duties as a member of the board of directors of the authority upon authorization by the board. Expenses shall be paid from available funds of the authority.

(3) All business of a county authority shall be transacted by a majority vote of the total membership of the board of directors. The quorum for any meeting of the board of directors shall be a majority of the total membership of the board of directors.
Miss. Code Ann. § 49-15-84 — MS Code / Title 49 / Chapter 7 / Section 15-84
Miss. Code Ann. § 49-15-84
Status: in_force

(1) The department shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking Callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft-shell crabs.

(2) The department shall establish specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of the buoys and traps. Recreational crabbers may use no more than six (6) crab traps per license holder. The taking of crabs with drop nets is permitted without a license.

(3) It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time. It is not unlawful to catch those crabs unintentionally, if the crabs are immediately returned to the water.
Miss. Code Ann. § 49-7-351 — MS Code / Title 49 / Chapter 5 / Section 7-351
Miss. Code Ann. § 49-7-351
Status: in_force

(1) The purpose of this section is to honor wounded veterans and active duty service members by providing hunting, fishing and other recreational opportunities for them in state wildlife management areas and wildlife refuges.

(2) As used in this section, the term:

(a) “ Active duty ” means full-time duty in the Armed Forces, Reserves or National Guard during wartime service as defined by the United States Congress.

(b) “ Armed Forces ” means the United States Army, Navy, Marine Corps, Air Force, Space Force and Coast Guard.

(c) “ National Guard ” means the Army National Guard and the Air Force National Guard of the United States.

(d) “ Reserves ” means the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve.

(3) The Commission on Wildlife, Fisheries and Parks may designate an area or areas or establish special seasons within wildlife management areas and wildlife refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members to be known as “Wounded Warrior Special Programs.”

(4) The designated areas or special seasons shall be open to a person who:

(a) Is an active duty member of the Armed Forces, National Guard or Reserves and has a combat-related physical injury as determined by the member's branch of service; or

(b) Is a veteran member of the Armed Forces, National Guard or Reserves who served on active duty during a period of war as defined by the United States Congress, and:

(i) Has a service-connected physical disability as determined by the United States Department of Veterans Affairs; or

(ii) Was discharged or released from military service because of a physical disability acquired or aggravated while serving on active duty during a period of war.

(5) The department may allow one (1) person to accompany an eligible veteran or active duty service member who requires assistance to hunt, fish or participate in the recreational activity.

(6) The commission may adopt any rules and regulations deemed necessary to administer this section.
Miss. Code Ann. § 49-31-17 — MS Code / Title 49 / Chapter 7 / Section 31-17
Miss. Code Ann. § 49-31-17
Status: in_force

The Mississippi Department of Environmental Quality and the Mississippi Development Authority shall assist and actively promote the recycling industry in the state. Assistance and promotion of the recycling industry shall include, but is not limited to:

(a) Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;

(b) Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;

(c) Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and

(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Miss. Code Ann. § 49-15-64 — MS Code / Title 49 / Chapter 13 / Section 15-64
Miss. Code Ann. § 49-15-64
Status: in_force

Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).

Upon an arrest for a violation of this section, catch and nets may be confiscated. Any catch may be sold by the law enforcement agency making the arrest at the average wholesale price being paid for shrimp. The monies derived from the sale shall be held in escrow pending disposition of the charge. If a conviction is obtained, the monies held in escrow shall be forfeited. The monies so forfeited shall be paid to the department, to be paid into the seafood fund. If the operator, firm or corporation is acquitted of the charge or if the charge is dismissed, then the monies obtained from the sale shall be paid to the proper operator, firm or corporation. Forfeiture of confiscated nets and paraphernalia shall be instituted under Sections 49-7-251 through 49-7-257 . If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.

The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.

The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
Miss. Code Ann. § 49-17-81 — MS Code / Title 49 / Chapter 8 / Section 17-81
Miss. Code Ann. § 49-17-81
Status: in_force

Sections 49-17-81 through 49-17-89 shall be known and cited as the “Mississippi Water Pollution Control Revolving Fund and Emergency Loan Fund Act.”
Miss. Code Ann. § 49-15-16 — MS Code / Title 49 / Chapter 11 / Section 15-16
Miss. Code Ann. § 49-15-16
Status: in_force

The department may develop a limited entry fisheries management program for all resource groups. The department may require a license for each resource group and shall establish the fees for such licenses. The department may establish a means test or any other criteria to determine eligibility for licenses under the limited entry program. The department may impose a moratorium on the issuance of licenses for a fishery resource.
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 9 / Section 19-15
Miss. Code Ann. § 49-19-15
Status: in_force

The state forestry fund when made available by proper appropriation by the Legislature, shall be expended by the commission in carrying out and enforcing all laws pertaining to the protection of forests as the commission may direct, the vouchers to be drawn and paid as by other departments of the state.
Miss. Code Ann. § 49-7-25 — MS Code / Title 49 / Chapter 3 / Section 7-25
Miss. Code Ann. § 49-7-25
Status: in_force

Each officer authorized to issue licenses shall keep in a book to be supplied to him by the commission, a correct and complete list, in numerical order, of all licenses, resident or nonresident, issued by him. He shall enter at the close of each week the name and residence of each individual to whom a license was issued during that week, and shall on or before the tenth day of each month, forward to the executive director, on blanks furnished to him by the executive director, a complete list of all licenses so granted, with the name and address of each licensee, and shall pay over to the executive director all sums collected by him for licenses during the preceding month, and at the end of the license year shall render a final report and return to the executive director all license stubs and all unused or mutilated license blanks. Thereupon the executive director shall cause the account of the officer to be audited and a final statement furnished such officer on the condition of the account.
Miss. Code Ann. § 49-35-13 — MS Code / Title 49 / Chapter 1 / Section 35-13
Miss. Code Ann. § 49-35-13
Status: in_force

(1) Any material failure of a brownfield party or the agents or employees of a brownfield party to comply with the brownfield agreement constitutes a violation of this section by the brownfield party. If a brownfield party violates this section the commission shall issue an order requiring the brownfield party to correct the violation in an appropriate time period established by the order.

(2) If the brownfield party fails to comply with an order issued under subsection (1) of this section, the brownfield party shall be subject to removal of all liability protection afforded by the brownfield agreement under Section 49-35-15 and shall be subject to civil penalties under Section 49-17-43 .

(3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Miss. Code Ann. § 49-15-105 — MS Code / Title 49 / Chapter 11 / Section 15-105
Miss. Code Ann. § 49-15-105
Status: in_force

All officers of the State of Mississippi are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular, it being hereby declared to be the policy of the State of Mississippi to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of the State of Mississippi are hereby authorized and directed, at convenient times and upon request of the said commission, to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively.
Miss. Code Ann. § 49-17-409 — MS Code / Title 49 / Chapter 11 / Section 17-409
Miss. Code Ann. § 49-17-409
Status: in_force

The commission is authorized to establish requirements for the written reporting of motor fuel contamination incidents from underground storage tanks. All sites involving incidents of motor fuel contamination from underground storage tanks, where the owner of such tanks is in substantial compliance and files a written report with the commission of such incident, shall be qualified sites for the expenditure of funds from the Mississippi Groundwater Protection Trust Fund created by Sections 49-17-401 through 49-17-433 . Any funds so expended shall be absorbed at the expense of the fund, without recourse to reimbursement or recovery from any underground storage tank owner, subject to the following exceptions:

(a) The provisions of this section shall not apply to any site where the department has initiated any cleanup or civil enforcement action prior to the passage of Sections 49-17-401 through 49-17-433 .

(b) The provisions of this section shall not apply to any site where the department has been denied site access to implement the provisions of Sections 49-17-401 through 49-17-433 .

(c) The provisions of this section shall not be construed to authorize or require reimbursement from the fund for costs expended prior to the passage of Sections 49-17-401 through 49-17-433 .

(d) The commission may determine, in its discretion, that the owner of an underground storage tank is not in substantial compliance for the purposes of this section and Section 49-17-405 , if such owner of an underground storage tank has been delinquent in the payment of tank regulatory fees for more than three (3) months after such fee is due and payable.

(e) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-15-34 — MS Code / Title 49 / Chapter 11 / Section 15-34
Miss. Code Ann. § 49-15-34
Status: in_force

(1) The department shall require all boats used under regulation of this chapter which are also used in waters of other states and required by those states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that the licensed boats are used inside and outside the territorial waters of Mississippi. Upon the issuance of that license, the licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized by the United States Coast Guard under 46 CFR Sections 24 - 26 and 46 CFR Sections 175-187 , shall be deemed to be in the business of interstate transportation, but this shall in no way affect the collection of other licenses and fees by the department which would otherwise be due under this chapter. The department shall assess and collect an annual license fee of Twenty Dollars ($20.00) on each boat engaged in operations under this subsection.

(2) Notwithstanding the provisions of this chapter, the department shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter. The department by regulation shall require the registration of those landings. The department may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-28(1) . This subsection shall not be construed to supersede Section 49-15-71 .
Miss. Code Ann. § 49-13-13 — MS Code / Title 49 / Chapter 11 / Section 13-13
Miss. Code Ann. § 49-13-13
Status: in_force

When any package containing quail carcasses is to be shipped by rail, express or other carrier, public or private, the packages wherein the quail are contained must comply with the packaging or wrapping requirements set forth in Section 49-13-11 of the Mississippi Commercial Quail Law.
Miss. Code Ann. § 49-31-11 — MS Code / Title 49 / Chapter 23 / Section 31-11
Miss. Code Ann. § 49-31-11
Status: in_force

(1) There is hereby created in the Department of Environmental Quality, the Mississippi Multimedia Pollution Prevention Program, herein referred to as “program,” for the following purposes:

(a) To compile, organize and make available for distribution information on pollution prevention and recycling technologies and procedures;

(b) To sponsor and conduct conferences and workshops on pollution prevention and recycling;

(c) To facilitate and promote the transfer of pollution prevention and recycling technologies and procedures among business, industry, academic institutions and governmental entities;

(d) To provide funds, as may be appropriated or otherwise made available therefor, to business, industry, academic institutions, private organizations and governmental entities:

(i) To conduct demonstrations or pilot programs utilizing innovative pollution prevention and recycling technologies and procedures;

(ii) To defray costs of basic and applied research on pollution prevention and recycling; and

(iii) To subsidize costs of conducting pollution prevention potential analyses and studies, and developing, purchasing and implementing pollution prevention and recycling technologies and procedures or for other related purposes;

(e) To develop the necessary programs, information and materials:

(i) To collect data to assist in establishing program priorities and evaluation of the progress of pollution prevention and recycling;

(ii) To train business, industry, academic institutions and governmental entities to promote and provide information about pollution prevention and recycling practices and their applicability;

(iii) To establish and implement waste exchange programs;

(iv) To prioritize current state grant funding assistance for local government recycling;

(v) To provide technical assistance programs specific to the development of businesses that recycle;

(vi) To produce a report that shall be available to the public with information on the amount of unrecycled products within the state;

(f) To increase public education and public awareness of waste management issues;

(g) To provide pollution prevention and recycling technical assistance to industries, businesses and local governments;

(h) To participate in state, federal and industrial networks of individuals and groups actively involved in pollution prevention and recycling activities and promotion; and

(i) To provide assistance to counties and municipalities for the establishment of regional recycling centers at regional correctional facilities.

(2) The Commission on Environmental Quality may adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under this chapter.

(3) The Commission on Environmental Quality shall coordinate recycling activities among municipalities and local governing authorities and promote pollution prevention, recycling, reuse of wastes, in lieu of treatment and disposal of such wastes.
Miss. Code Ann. § 49-15-46 — MS Code / Title 49 / Chapter 7 / Section 15-46
Miss. Code Ann. § 49-15-46
Status: in_force

(1) Each vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each in-state vessel or boat used for tonging oysters or gathering oysters by hand;

(b) One Hundred Dollars ($100.00) on each in-state vessel or boat used for dredging oysters;

(c) One Hundred Dollars ($100.00) on each out-of-state vessel or boat used for tonging oysters or gathering oysters by hand, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for tonging or gathering oysters, whichever is greater; or

(d) Two Hundred Dollars ($200.00) on each out-of-state vessel or boat used for dredging oysters, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for dredging oysters, whichever is greater.

(2) Each molluscan shellfish aquaculture operation shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each resident molluscan shellfish aquaculture operation; or

(b) One Hundred Dollars ($100.00) on each nonresident molluscan shellfish aquaculture operation.

(3) The department may authorize the transfer of a vessel license to a different vessel provided that the owner of both vessels is the same titled owner.

(4) All oysters harvested in the State of Mississippi shall be tagged. Tags may be issued by the department or printed by the catcher in compliance with procedures and regulations adopted by the department. Such tags shall bear the catcher's name, the date and origin of the catch, the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record of those tags. The department, in its discretion, may adopt any regulations regarding the tagging of oysters and other shellfish.

(5) Each person catching or taking oysters from the waters of the State of Mississippi for personal use shall obtain a permit from the department and pay an annual recreational oyster permit fee of Ten Dollars ($10.00). Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in subsection (4) of this section for commercially harvested oysters or by regulation of the department.

(6) The department shall assess and collect a shell retention fee for the shells taken from waters within the territorial jurisdiction of the State of Mississippi as follows:

(a) Commercial and recreational harvesters--Fifteen Cents (15¢) per sack paid to the department on the day of harvest;

(b) Initial oyster processor, dealer or factory first purchasing the oysters--Fifteen Cents (15¢) per sack paid to the department no later than the tenth day of the month following the purchase, on forms submitted by the department;

(c) Commercial harvesters transporting their catch out of the state--Fifty Cents (50¢) per sack paid to the department on the day of harvest, in addition to the fees paid in paragraph (a) of this subsection; and

(d) Commercial harvesters not selling their oysters to a Mississippi dealer--Fifteen Cents (15¢) per sack paid to the department on the day of harvest, in addition to fees paid in paragraph (a) of this subsection.

Funds received from the shell retention fee shall be paid into the Oyster Production Preserve Account within the Seafood Fund pursuant to Section 49-15-17(1)(e) for use by the department to further oyster production in this state, which includes plantings of oysters and/or cultch materials.

(7) During open seasons, oysters may be taken only by hands, tongs and dredges.

(8) Vessels licensed under Section 49-15-46 may keep in whole, for personal consumption up to thirty-six (36) blue crabs (portunidae family), per day. This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-11-9 — MS Code / Title 49 / Chapter 6 / Section 11-9
Miss. Code Ann. § 49-11-9
Status: in_force

This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.
Miss. Code Ann. § 49-19-23 — MS Code / Title 49 / Chapter 13 / Section 19-23
Miss. Code Ann. § 49-19-23
Status: in_force

All moneys paid to the State of Mississippi by the United States, on account of national forest lands in Mississippi, established under the provisions of the Weeks Law, so-called, being an Act of Congress, approved March 1, 1911, and amendments thereto, shall be apportioned by the state treasurer to the several counties in which such national forest lands are or may be, in proportion to the area of such national forest lands in each, as determined by the forest service of the United States Department of Agriculture.

The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository within sixty (60) days after receipt thereof, and fifty percent (50%) of such funds received by the county shall be expended for the benefit of the public schools, and the remaining fifty percent (50%) of such funds shall, in the discretion of the board of supervisors, be expended for the benefit of the public roads or of the public schools of the school districts within which national forest lands may be located.

In any area affected not having a school located therein, all of such funds may be expended on roads.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, if the board of supervisors elects to apportion fifty percent (50%) of the funds so received to public roads, the funds shall be expended upon the public roads within the supervisors district or districts within which the national forest lands are located.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, that portion of the funds allocated to public schools may, within the discretion of the county school board, be expended for the public schools within the county wherein the national forest lands are located.

In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.
Miss. Code Ann. § 49-19-5 — MS Code / Title 49 / Chapter 1 / Section 19-5
Miss. Code Ann. § 49-19-5
Status: in_force

The State Forestry Commission is hereby authorized and empowered to acquire and dispose of property of all kinds in accordance with the provisions of Section 29-1-1 , in order to discharge the duties as set forth in Section 49-19-3 , and subsequent germane general laws of the State of Mississippi.

Notwithstanding any other provision of law, the commission, and county foresters who are employed by the commission, is authorized to electronically accept bids for timber sales.

The commission is also authorized to sell, rent, lease, and dispose of any property acquired by the commission, all property to be sold or disposed of shall be sold or disposed of in the manner provided by law for the sale or disposition of surplus property by other state agencies. Any funds received from the sale, rental or lease of any property herein authorized, to be acquired, shall be paid into the State Treasury to the credit of a special account, and the commission is hereby authorized to use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.
Miss. Code Ann. § 49-15-107 — MS Code / Title 49 / Chapter 8 / Section 15-107
Miss. Code Ann. § 49-15-107
Status: in_force

There is hereby granted to the commission and the commissioners thereof all the powers provided in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. Said powers shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Mississippi, or by the terms of said compact.
Miss. Code Ann. § 49-35-31 — MS Code / Title 49 / Chapter 28 / Section 35-31
Miss. Code Ann. § 49-35-31
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 17 / Section 23-21
Miss. Code Ann. § 49-23-21
Status: in_force

In addition to the remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of 1972 , and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Miss. Code Ann. § 49-7-58.2 — MS Code / Title 49 / Chapter 1 / Section 7-58.2
Miss. Code Ann. § 49-7-58.2
Status: in_force

(1) The Department of Wildlife, Fisheries and Parks shall develop and implement a program for inspecting, monitoring, testing and preventing chronic wasting disease. The Commission on Wildlife, Fisheries and Parks shall promulgate rules and regulations to effect the sampling of deer harvested, or dying from, nonhunting related causes, within an enclosure. If chronic wasting disease is diagnosed in white-tailed deer within an enclosure, the department is authorized to use methods authorized by the commission and enter the enclosure to determine a solution for containing the disease within the enclosure. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the department is authorized to enter the enclosure and utilize the best collection methods available to obtain tissue samples. If chronic wasting disease is detected within an enclosure, the commission shall not declare surrounding or adjoining properties within a five (5) mile radius of the enclosure a CWD Management Zone, until chronic wasting disease is positively detected within such radius on these surrounding or adjoining properties.

(2) If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.
Miss. Code Ann. § 49-7-201 — MS Code / Title 49 / Chapter 1 / Section 7-201
Miss. Code Ann. § 49-7-201
Status: in_force

(1) There is established a beaver and wild hog control program which shall be developed by the Beaver and Wild Hog Control Advisory Board created in Section 49-7-203 and administered by the Mississippi Department of Agriculture and Commerce with the advice of the board or administered by a federal agency or agencies under an agreement with the board for that purpose. The program shall be limited to the control or eradication of beavers and wild hogs only on private lands or public lands, excluding federally owned lands but including lands whereupon easements are granted to a federal entity. The board may employ any personnel as is necessary to implement its duties to administer the program and set the salary of the personnel subject to State Personnel Board guidelines.

(2) Any state, local or private funds available to the board to fund the program shall be used to match federal funds available for such purpose. The board may execute any agreements with any agency of the federal government as are necessary to obtain federal matching funds to finance the beaver and wild hog control program. State funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose.

(3) Nonfederal funds to help finance the program may be obtained by the board from the following sources:

(a) Appropriations by the Legislature; state funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose.

(b) Contributions from participating counties;

(c) Charges on participating landowners; and/or

(d) Contributions from any other sources for such purpose.

(4)(a) Any county in the state desiring to participate in the program during its fiscal year shall contribute an amount established by the Beaver and Wild Hog Control Advisory Board for such purpose from any funds available in its general fund. The amount established by the advisory board shall be the minimum annual contribution required for a county to participate in the program. The minimum required contribution must be approved by three-fourths ( 3 / 4 ) of the advisory board members present and voting. In addition, a county may contribute an amount in excess of the minimum required contribution for administration of the beaver and wild hog control program in that county from any revenues available. The board shall establish the due date for the payment of contributions by counties.

(b) The sum of county contributions may be matched by nonfederal funds available to the state for the beaver and wild hog control program.

(5) Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver and wild hog control program.
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 3 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-11-5 — MS Code / Title 49 / Chapter 10 / Section 11-5
Miss. Code Ann. § 49-11-5
Status: in_force

The fee for a shooting preserve license or a commercial wildlife enclosure license shall be One Hundred Dollars ($100.00) per year for the first three hundred (300) acres of shooting preserve area or commercial wildlife enclosure area, and Ten Dollars ($10.00) per year for each additional one hundred (100) acres or parts thereof.
Miss. Code Ann. § 49-7-7 — MS Code / Title 49 / Chapter 1 / Section 7-7
Miss. Code Ann. § 49-7-7
Status: in_force

The revenue collected from any increase in license fees pursuant to Chapter 418, Laws of 2016, shall be designated for use by the Department of Wildlife, Fisheries and Parks for recruitment, training, equipping and compensation of conservation officers to fill existing vacancies.
Miss. Code Ann. § 49-7-55 — MS Code / Title 49 / Chapter 6 / Section 7-55
Miss. Code Ann. § 49-7-55
Status: in_force

It shall be unlawful for any restaurant, hotel, club, or other public eating place to knowingly have in its possession, or to offer for sale to its patrons any game birds, game animals, or game fish enumerated in this chapter, whether taken within or coming from without the state, except that any such public eating place may prepare and serve game birds, game animals, or game fish to any persons who have legally killed or taken same.
Miss. Code Ann. § 49-7-58.3 — MS Code / Title 49 / Chapter 6 / Section 7-58.3
Miss. Code Ann. § 49-7-58.3
Status: in_force

(1) The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25 .

(2) A violation of this section is a Class I violation and punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-15-15 — MS Code / Title 49 / Chapter 11 / Section 15-15
Miss. Code Ann. § 49-15-15
Status: in_force

(1) In addition to any other powers and duties authorized by law, the department, with the advice of the advisory commission, shall have the following powers and duties regarding the regulation of seafood:

(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;

(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedures Law and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;

(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the department. The department may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer, the Commissioner of Agriculture and the executive director of the department may enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;

(d) To set standards of measure;

(e) To set requirements for employment of commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;

(f) To acquire and dispose of commission equipment and facilities;

(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the department, with the advice of the advisory commission, under this chapter;

(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;

(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;

(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the corkline, and to prescribe the length at the lead line for each rig, net or try-trawl;

(k) To destroy or dispose of equipment or nets which have been lawfully seized by the commission and which are not sold under Section 49-15-201 et seq. ;

(l) To open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs and set size, catching and taking regulations for all types of seafood and culling regulations for oysters, except as otherwise specifically provided by law;

(m) To utilize the resources of the Gulf Coast Research Laboratory to the fullest extent possible;

(n) To develop a resource management plan to preserve seafood resources and to ensure a safe supply of these resources;

(o) To prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resource studies;

(p) To suspend the issuance of licenses when necessary to impose a moratorium to conserve a fishery resource;

(q) To promote, construct, monitor and maintain artificial fishing reefs in the marine waters of the State of Mississippi and in adjacent federal waters; to accept grants and donations of money or materials from public and private sources for such reefs; to set permit fees and establish guidelines for the construction of artificial reefs in federal waters; and to apply for any federal permits necessary for the construction or maintenance of artificial fishing reefs in federal waters. The location data associated with artificial reefs by corporations and private individuals shall not be published by the commission or the department on the website or in written publications of the department. Location data of the artificial reefs may be requested in writing by any individual and shall be provided by the department in a timely manner; and

(r) To require, in addition to other licensing requirements, the successful completion of educational or training programs on shellfish sanitation as a prerequisite to receiving commercial licenses authorized under this chapter in order to ensure compliance with the Interstate Shellfish Sanitation Conference's educational requirements for shellfish processors, dealers and harvesters by January 1, 2014.

(2) The department shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The department shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.
Miss. Code Ann. § 49-7-93 — MS Code / Title 49 / Chapter 5 / Section 7-93
Miss. Code Ann. § 49-7-93
Status: in_force

Any person convicted of intentionally killing any deer or spotted fawn out of season shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00); and the commission shall have authority to revoke a license for a period of one (1) year.
Miss. Code Ann. § 49-27-4 — MS Code / Title 49 / Chapter 9 / Section 27-4
Miss. Code Ann. § 49-27-4
Status: in_force

(1) The Mississippi Department of Marine Resources is authorized and directed to designate the Danzler Tract, nine hundred twenty-five (925) acres located in the Pascagoula River Marshes in Jackson County, Mississippi, acquired in 1997 with funds obtained by Secretary of State Eric Clark as trustee of the public trust tidelands and part of the Mississippi Coastal Preserves Program, as the “Secretary of State Eric Clark Coastal Preserve” in honor of his role in the development of the program.

(2) The Mississippi Department of Marine Resources in conjunction with the Office of Secretary of State are further authorized to erect appropriate markers and signs indicating the location of the “Secretary of State Eric Clark Coastal Preserve” and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Miss. Code Ann. § 49-35-3 — MS Code / Title 49 / Chapter 19 / Section 35-3
Miss. Code Ann. § 49-35-3
Status: in_force

The Legislature finds:

(a) There are properties in Mississippi, often referred to as “brownfields,” that are contaminated or are perceived to be contaminated by past activities, but are potential locations for redevelopment.

(b) Brownfields development and redevelopment is impaired by the potential liability associated with the actual or perceived risk of contamination.

(c) The safe development or redevelopment of brownfields will benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.

(d) The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.

(e) This article will provide incentives for the voluntary cleanup of brownfield property without use of taxpayer funds.
Miss. Code Ann. § 49-27-21 — MS Code / Title 49 / Chapter 11 / Section 27-21
Miss. Code Ann. § 49-27-21
Status: in_force

Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.
Miss. Code Ann. § 49-7-153 — MS Code / Title 49 / Chapter 6 / Section 7-153
Miss. Code Ann. § 49-7-153
Status: in_force

(1) Any resident may purchase a lifetime sportsman hunting and fishing license by filing an application in the office of the department. The license shall qualify the licensee to take all fish, game and fowl, except waterfowl, including deer and turkey, in the manner provided by law. The license shall also permit the licensee to hunt with primitive weapons and bow and arrow, and to fish in the public waters of the state, including the taking of crabs, oysters, shrimp and any saltwater fish authorized to be taken under a recreational license.

(2) The department may issue a resident lifetime sportsman license at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age. All lifetime licenses shall be issued from the office of the department. Each application for a lifetime license must be accompanied by a certified copy of the birth certificate of the individual to be named as the license holder, if the individual is twelve (12) years of age or under.

(3) The commission shall establish proof of residency requirements for the purchase of a lifetime license, and shall also establish such restrictions on and regulations for lifetime licenses as it deems necessary and proper. Except as otherwise provided in this section, an applicant for a resident lifetime license must have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his application for a license. The burden of proving domicile shall be on the applicant.

(4) The department may issue a native son or daughter resident lifetime sportsman hunting and fishing license if official documents reflect that one of the applicant's parents was born in the State of Mississippi and was on active military service at the time of the applicant's birth.

Such license may be issued at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age.

The applicant must provide a certified copy of an original birth certificate of such parent showing that the parent was born in Mississippi and provide official documents indicating that such parent was on active military service at the time of the applicant's birth.

An applicant for such license shall not be required to have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his or her application for a license.

(5) The department may issue a native son or daughter nonresident lifetime sportsman hunting and fishing license. The commission shall establish the fee, but the fee shall not be less than One Thousand Five Hundred Dollars ($1,500.00). The applicant must provide a certified copy of the original birth certificate showing that the applicant was born in Mississippi and/or if the parents' address was in Mississippi at the time of birth as shown on the birth certificate or other documents and/or official documents reflect that one of said parents was on active military service outside the State of Mississippi at the time of said birth.

Except as otherwise provided in this section, if the birth certificate of each parent reflects that each parent was born in the State of Mississippi, then any child born outside the State of Mississippi of those parents may be issued a nonresident lifetime sportsman license for the above set out fee.

(6) Any materially false statement contained in an application for a lifetime license renders void the license issued pursuant to that application, and subjects the applicant to criminal prosecution under Section 49-7-45 .

(7) Nothing in this section exempts an applicant for a lifetime license from meeting other qualifications or requirements otherwise established by law for the privilege of hunting or fishing.