Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 10 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-17-103 — MS Code / Title 49 / Chapter 3 / Section 17-103
Miss. Code Ann. § 49-17-103
Status: in_force

Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections 49-17-105 through 49-17-123 , any municipality is hereby authorized and empowered:

(a) To acquire, purchase, construct, operate, maintain and replace pollution control facilities;

(b) To enlarge, expand and improve existing pollution control facilities;

(c) To issue bonds for the purpose of defraying the cost of facilities contemplated by subsections (a) and (b) above;

(d) To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace said facilities;

(e) To enter into a lease/sale with an industry for the lease and/or sale of such facilities to such industry;

(f) To accept any state or federal grant that may be available to defray any part of the cost of such facilities. Provided, however, the agreements contemplated by subsections (d) and (e) above shall contain terms and conditions under which the industry shall pay to the municipality, or trustee, if any, for the bonds contemplated by subsection (c) above, such sums of money and at such periods as will equal the aggregate of principal, interest and redemption premium, if any, due on the bonds and also the costs, if any, to the municipality of operating, maintaining, insuring, repairing and replacing such facilities, or portions thereof, including a reasonable amount for reserves. Provided, further, any agreement contemplated by subsection (e) above shall further contain terms and conditions pursuant to which the said facilities shall be conveyed to the industry.
Miss. Code Ann. § 49-9-1 — MS Code / Title 49 / Chapter 5 / Section 9-1
Miss. Code Ann. § 49-9-1
Status: in_force

As used in this chapter, the following words shall have the meanings ascribed to them in this section:

(a) “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) “Department” means the Department of Wildlife, Fisheries and Parks.

(c) “Director” means the executive director of the department.

(d) “Exporter” means a person, firm or corporation who buys or obtains mussels from mussel harvesters or buyers for export from Mississippi.

(e) “Mussel,” means and embraces the pearly fresh water mussel, clam, or naiad, and the shells thereof.

(f) “Mussel Abatement Program” means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.
Miss. Code Ann. § 49-25-5 — MS Code / Title 49 / Chapter 5 / 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. § 49-25-5 — MS Code / Title 49 / Chapter 17 / 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. § 49-2-87 — MS Code / Title 49 / Chapter 2 / Section 2-87
Miss. Code Ann. § 49-2-87
Status: in_force

(1) The department shall develop and implement a statewide educational program designed to inform the public about safe disposal of home-generated medical sharps and to promote the public's safe disposal of home-generated medical sharps.

(2) The department shall develop the program no later than July 1, 2009, and shall implement the program no later than January 1, 2010.
Miss. Code Ann. § 49-15-71 — MS Code / Title 49 / Chapter 5 / Section 15-71
Miss. Code Ann. § 49-15-71
Status: in_force

(1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.

(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

(4) For the purposes of this section, the term “redfish” means red drum or sciaenops ocellatus.
Miss. Code Ann. § 49-7-35 — MS Code / Title 49 / Chapter 7 / Section 7-35
Miss. Code Ann. § 49-7-35
Status: in_force

Whenever the time fixed by statute for the beginning of a game season shall fall on a Sunday, the season shall begin on the preceding Saturday.
Miss. Code Ann. § 49-15-64 — MS Code / Title 49 / Chapter 3 / 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. § 49-23-35 — MS Code / Title 49 / Chapter 11 / Section 23-35
Miss. Code Ann. § 49-23-35
Status: in_force

There shall be posted upon every outdoor advertising sign, display or device erected or maintained adjacent to any highway constituting a part of the interstate or primary system of highways and restricted or regulated by Sections 49-23-1 through 49-23-33, Mississippi Code of 1972 , except those signs, displays or devices as specified in subsections (1)(a), (b), (c) and (f), and (2)(a), (b) and (c) of Section 49-23-5, Mississippi Code of 1972, the name or logo of the owner of such sign, display or device if the owner of such outdoor advertising is separate and distinct from the owner of the real property upon which such outdoor advertising is located.

The name or logo of the owner shall be permanently written on each such outdoor advertising sign, display or device if it is the intention of the parties that ownership of such outdoor advertising is, and shall be, separate from the ownership of the real property upon which it is situated.

Each such outdoor advertising sign, display or device heretofore or hereafter erected or maintained without such notice of ownership being posted as aforesaid shall be construed to have attached to the real estate and to be owned by the owner of the real estate upon which the said outdoor advertising is located.
Miss. Code Ann. § 49-19-17 — MS Code / Title 49 / Chapter 3 / Section 19-17
Miss. Code Ann. § 49-19-17
Status: in_force

The state and county boards of public education are directed to provide for proper courses of instruction by textbooks, or lectures on the general subject of forestry in all the public schools and colleges of this state; and they are further directed to provide for the celebration of arbor day by all public schools, on which day ornamental and shade trees, flowers, etc., are to be placed, where practicable, on the grounds surrounding all public schoolhouses.
Miss. Code Ann. § 49-23-25 — MS Code / Title 49 / Chapter 10 / Section 23-25
Miss. Code Ann. § 49-23-25
Status: in_force

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Miss. Code Ann. § 49-15-9 — MS Code / Title 49 / Chapter 6 / Section 15-9
Miss. Code Ann. § 49-15-9
Status: in_force

The sole right of planting, cultivating in racks or other structures, and gathering oysters and erecting bathhouses and other structures in front of any land bordering on the Gulf of Mexico or Mississippi Sound or waters tributary thereto belongs to the riparian owner and extends not more than seven hundred fifty (750) yards from the shore, except for state-owned lands on Deer Island, which shall be not more than four hundred (400) yards from shore, measuring from the average low water mark, and except for state-owned lands along the Hancock County shoreline from Bayou Caddy to the Mississippi-Louisiana state boundary, which shall not extend out further than three hundred (300) yards from the average low watermark, but where the distance from shore to shore is less than fifteen hundred (1500) yards, the owners of either shore may plant and gather to a line equidistant between the two (2) shores, but no person shall plant in any natural channel so as to interfere with navigation, and such riparian rights shall not include any reef or natural oyster bed and does not extend beyond any channel. A riparian owner shall comply with the Coastal Wetlands Protection Act in exercising the use of these riparian rights. Stakes of such frail materials as will not injure any watercraft may be set up to designate the bounds of the plantation, but navigation shall not be impeded thereby. The riparian owner shall clearly mark such cultivation racks and other structures. The department may adopt regulations to require that the racks are adequately marked to ensure the safety of users of public waters. Any oysters planted by such riparian owner are the private property of such riparian owner, subject to the right of the department to adopt reasonable rules and regulations as to the planting and gathering of such oysters. All bathhouses, piers, wharfs, docks and pavilions, or other structures owned by the riparian owner are likewise the private property of such owner, who shall be entitled to the exclusive use, occupancy and possession thereof, and may abate any private or public nuisance committed by any person or persons in the area of his riparian ownership and may, for such purposes, resort to any remedial action authorized by law. The governing authorities of any municipality and the board of supervisors of any county are authorized to adopt reasonable rules and regulations to protect riparian owners in the enjoyment of their riparian rights, and for such purposes may regulate the use of beaches, landings, and riparian areas abutting or fronting on roads, streets or highways.
Miss. Code Ann. § 49-15-313 — MS Code / Title 49 / Chapter 15 / Section 15-313
Miss. Code Ann. § 49-15-313
Status: in_force

(1) Any resident between the ages of sixteen (16) and sixty-five (65) years, as defined in Section 49-7-3 , fishing in the marine waters of the state, shall obtain a saltwater sports fishing license for a fee of Ten Dollars ($10.00). A resident sixty-five (65) years of age or older, fishing in the marine waters of the state, shall obtain a lifetime saltwater sports fishing license for a one-time fee of Five Dollars ($5.00). These licenses shall be valid in any waters south of Interstate 10. 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 totally disabled by the Social Security Administration shall not be required to purchase or have in his possession a saltwater sports fishing license while engaged in such activities. Any resident exempt under this section shall have on his person while fishing proof of residency and age or disability. 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. Such resident shall have in his possession and on his person such proof as may be required by the commission.

(2) The commission shall prescribe the forms, types and fees for nonresident saltwater sports fishing licenses except that the fee for a nonresident saltwater sports fishing license shall not be less than Twenty Dollars ($20.00). This minimum fee shall not apply to nonresidents sixty-five (65) years of age or older. The commission may enter into reciprocal agreements with adjacent states pertaining to fees and exemptions for persons sixty-five (65) years of age or older. The commission shall require a nonresident to purchase a nonresident freshwater fishing license and a nonresident saltwater sports fishing license if the nonresident's state requires both licenses for a nonresident to fish in its marine waters. Any nonresident sixty-five (65) years of age or older shall possess a saltwater sports fishing license.

(3) All resident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission at a fee of Two Hundred Dollars ($200.00). All nonresident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission. In addition to other requirements for charter license eligibility, captains must show proof of participation in a Department of Transportation approved random drug testing program and proof of liability insurance as a charter boat captain. Crew members and customers of the licensed vessels shall not be required to purchase an individual resident or nonresident saltwater fishing license while sponsored by the licensed vessels. An operator of a licensed vessel shall be required to report the number of customers to the department as required by the commission and the information shall be kept confidential and shall not be released, except to other fisheries management agencies or as statistical data. All nonresident vessels engaged in saltwater sport fishing tournaments, not to exceed an aggregate of twenty (20) days per calendar year, shall not be required to purchase an annual license as provided under this subsection.

(4) The saltwater sports fishing license is required for all recreational methods of finfish harvest.

(5) Any resident who purchases a lifetime sportsman's license, in accordance with Section 49-7-153 , shall be entitled to fish in the marine salt waters of the state and shall be exempt from the purchase of a sport saltwater fishing license.

(6) Any person authorized to issue a license may collect and retain, for each saltwater fishing license issued, the additional fee authorized under Section 49-7-17 .

(7) The fees collected from the sale of resident and nonresident saltwater sports fishing licenses shall be deposited into the Seafood Fund and shall be used solely for the management of marine resources.

(8) Participants in the Very Special Fishing Olympics are exempt from this section.

(9) The first weekend of “National Fishing and Boating Week” in June of each year is designated as “Free Fishing Weekend,” and July 4 of each year is designated as “Free Saltwater Sports Fishing Day.” Any person may saltwater sport fish without a license on “Free Saltwater Sports Fishing Day” and during “Free Fishing Weekend.”

(10) The department may exempt participants in an organized fishing event conducted by a qualified nonprofit charitable, governmental or civic organization from the requirements of this section for one (1) day per year if the organization files an exemption application with the department and the application is approved by the department.
Miss. Code Ann. § 49-15-93 — MS Code / Title 49 / Chapter 11 / Section 15-93
Miss. Code Ann. § 49-15-93
Status: in_force

Any person violating any provision of Sections 49-15-83 through 49-15-91 shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Section 49-15-63, Mississippi Code of 1972 .
Miss. Code Ann. § 49-11-17 — MS Code / Title 49 / Chapter 11 / Section 11-17
Miss. Code Ann. § 49-11-17
Status: in_force

The operating licenses issued by the department shall entitle licensees, and their guests or customers, to recover the total number of each species of game released on the premises each year.
Miss. Code Ann. § 49-17-3 — MS Code / Title 49 / Chapter 6 / Section 17-3
Miss. Code Ann. § 49-17-3
Status: in_force

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of air and water, and whereas, the problem of air and water pollution in this state is closely related to the problem of air and water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to maintain such a reasonable degree of quality of the air resources of the state to protect the health, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air or water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Miss. Code Ann. § 49-25-1 — MS Code / Title 49 / Chapter 25 / Section 25-1
Miss. Code Ann. § 49-25-1
Status: in_force

This chapter may be cited as the “Junkyard Control Law.”
Miss. Code Ann. § 49-13-25 — MS Code / Title 49 / Chapter 9 / Section 13-25
Miss. Code Ann. § 49-13-25
Status: in_force

Nothing contained in this chapter shall be construed to require any person, engaging in the raising of quail for purposes other than the raising of quail for commercial sale for consumption, to secure a commercial quail breeder's license, provided such person shall not raise more than one hundred (100) such birds in any calendar year for personal consumption.
Miss. Code Ann. § 49-5-61 — MS Code / Title 49 / Chapter 2 / Section 5-61
Miss. Code Ann. § 49-5-61
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Wildlife Heritage Committee and shall exercise the duties and authority granted to such committee pursuant to Sections 49-5-69 through 49-5-98 , and pursuant to any other laws of the State of Mississippi.

(2) Wherever the term “ Wildlife Heritage Committee ” appears in the laws of the State of Mississippi, it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks, unless the context clearly means to refer to the former Wildlife Heritage Committee.
Miss. Code Ann. § 49-25-21 — MS Code / Title 49 / Chapter 13 / Section 25-21
Miss. Code Ann. § 49-25-21
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of such agreement.
Miss. Code Ann. § 49-3-11 — MS Code / Title 49 / Chapter 1 / Section 3-11
Miss. Code Ann. § 49-3-11
Status: in_force

In addition to the appropriations made by the Mississippi Legislature for the operation and support of the laboratory, the board of trustees of state institutions of higher learning is authorized and empowered to receive contributions, donations, gifts and grants of money and/or property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations, the federal government or any subdivision thereof, the state government or any subdivision thereof, to be expended by the board in carrying out the purposes and objectives of this chapter.
Miss. Code Ann. § 49-7-59 — MS Code / Title 49 / Chapter 2 / Section 7-59
Miss. Code Ann. § 49-7-59
Status: in_force

(1) It is unlawful for any person to hunt any wild animal or wild bird during the night from one-half ( 1 / 2 ) hour after sunset to one-half ( 1 / 2 ) hour before sunrise, either with or without the use of a light, except:

(a) Beavers, bobcats, fox, opossums, nutria and raccoons; and

(b) Coyotes by a landowner, agricultural leaseholder or his designated agent on lands owned or leased by the owner or leaseholder.

(2) The commission shall prescribe the weapons that may be used to hunt game under this section.

(3) A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143 .
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 5 / Section 27-53
Miss. Code Ann. § 49-27-53
Status: in_force

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
Miss. Code Ann. § 49-17-751 — MS Code / Title 49 / Chapter 7 / Section 17-751
Miss. Code Ann. § 49-17-751
Status: in_force

(1) Notwithstanding the provisions of Sections 77-3-21 and 77-3-23, Mississippi Code of 1972 , the certificate of public convenience and necessity held by any municipality, public agency, district, public utility or other person authorized by law to provide water, sewer and wastewater services may be cancelled and its powers, duties and responsibilities transferred to the county authority in the manner provided by this section.

(2) Any entity described in subsection (1) of this section desiring to have its certificate of public convenience and necessity cancelled and its powers, duties and responsibilities transferred to the county authority shall make a determination to that effect on its official minutes if a public entity, or by affidavit if not a public entity, and transmit such determination to the county authority.

(3) Upon receipt of the document evidencing such determination from an entity to transfer its powers, duties and responsibilities to the county authority, the county authority shall, by resolution, declare whether it is willing and able to accept such transfer from the entity.

(4) Upon completion of the requirements of subsections (2) and (3) herein and agreement by both parties to the transfer, the holder of the certificate of public convenience and necessity and the county authority shall jointly petition the Public Service Commission to cancel the certificate of public convenience and necessity. The petition must be accompanied by copies of the official minutes, affidavit or resolution, as the case may be, reflecting the actions of the petitioners. After review of the petition and any other evidence as the Public Service Commission deems necessary, the commission may issue an order canceling the certificate and transferring to the county authority the powers, duties and responsibilities granted by the certificate, including all assets and debts of the transferor petitioner related to such certificated services, real or personal, or both, if it finds that:

(a) Subsections (2) and (3) of this section have been complied with; and

(b) Such action is in the public interest.

(5) The county authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the county authority of such provider's powers, duties, responsibilities, assets and debts.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 31 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-15-315 — MS Code / Title 49 / Chapter 6 / Section 15-315
Miss. Code Ann. § 49-15-315
Status: in_force

(1) It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the marine waters north of the CSX bridge in the three (3) coastal counties, except for the following:

(a) A person may take any euryhaline species of minnow; and

(b) A licensed commercial oyster fisherman may harvest oysters from reefs approved by the commission.

(2) The Gulf Coast Research Laboratory shall study all estuaries and bays deemed to be nurseries. The Gulf Coast Research Laboratory may recommend the establishment of nursery grounds in the estuaries and bays if necessary to protect the state's fishing resources.

(3) The department shall set the limits on all catches for noncommercial use.

(4) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2) , or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. 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.
Miss. Code Ann. § 49-17-21 — MS Code / Title 49 / Chapter 5 / Section 17-21
Miss. Code Ann. § 49-17-21
Status: in_force

(a) The commission or its duly authorized representative shall have the power to enter at reasonable times upon any private or public property, and the owner, managing agent or occupant of any such property shall permit such entry for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of any air or waters of the state and to have access to such records as the commission may require under subsection (b) of this section.

(b) The commission may require the maintenance of records relating to the operation of air contamination sources or water disposal systems, and any authorized representative of the commission may examine and copy any such records or memoranda pertaining to the operation of such air contamination source or water disposal system. The records shall contain such information as the commission may require. Copies of such records shall be submitted to the commission upon request.

(c) The commission may conduct, authorize or require tests and take samples of air contaminants or waste waters, fuel, process material or other material which affects or may affect (1) emission of air contaminants from any source, or (2) waste water disposal systems. Upon request of the commission, the person responsible for the source to be tested shall provide necessary sampling ports in stacks or ducts and such other safe and proper sampling and testing facilities as may be necessary for proper determination of the emission of air contaminants. If an authorized employee of the commission during the course of any inspection obtains a sample of air contaminant, fuel, process material or other material, he shall give the owner or operator of the equipment or fuel facility a receipt for the sample obtained.

(d) The commission may require the installation, maintenance and use of such monitoring equipment and methods at such locations and intervals as the commission deems necessary.
Miss. Code Ann. § 49-15-78 — MS Code / Title 49 / Chapter 5 / Section 15-78
Miss. Code Ann. § 49-15-78
Status: in_force

(1)(a) It is unlawful for a person to use a gill net, trammel net, entanglement net, or like contrivances for the taking of finfish in marine waters within one-half ( 1 / 2 ) mile of the shoreline.

(b) For the purposes of this section, the phrase “ like contrivances ” means any net that is similar in form, function, purpose or use to a gill net, trammel net or entanglement net.

(c) It is unlawful for a person to use a haul seine net for the taking of fish in marine waters within one-half ( 1 / 2 ) mile of the shoreline of Cat Island.

(d) The provisions of this section shall not apply to hand seines, cast nets or brill nets.

(2) A violation of this section is punishable by the penalties provided in Section 49-15-100 .
Miss. Code Ann. § 49-19-213 — MS Code / Title 49 / Chapter 17 / Section 19-213
Miss. Code Ann. § 49-19-213
Status: in_force

The commission is authorized to use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections 49-19-201 through 49-19-227 , on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.
Miss. Code Ann. § 49-15-100.1 — MS Code / Title 49 / Chapter 9 / Section 15-100.1
Miss. Code Ann. § 49-15-100.1
Status: in_force

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. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation. 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.
Miss. Code Ann. § 49-28-35 — MS Code / Title 49 / Chapter 2 / Section 28-35
Miss. Code Ann. § 49-28-35
Status: in_force

The resolution declaring the intent of the board of commissioners to proceed with the special improvement projects of the district may direct that all of the expenses of the property, structures or facilities of the district, or the part of the expenses that the board of commissioners shall charge upon the property in the district shall be assessed according to the frontage rule or area rule, as outlined in this section. Bonds may be issued for one or more projects, and the area and method of assessment for each project shall be specified in the resolution declaring the intent of the board of commissioners of the district to proceed with that project. The resolution declaring the intent of the board of commissioners to proceed with any special improvement shall:

(a) Define the properties in the area to be benefited by each improvement, with each improvement being designated as a project;

(b) Fix the amount or percentage of the charge to be levied upon the property benefited;

(c) Designate the minimum and maximum number of years between the date of issuance of the bonds and the maturity of those bonds;

(d) Delineate the method of determining the amount of special assessments to be levied on each lot or parcel of land in the benefited area; and

(e) Designate the minimum and maximum number of equal approximately equal annual installments that the board of commissioners may later allow for the payment of assessments with interest on those assessments.

If the board of commissioners determines that the front foot rule is the most equitable method of distributing the cost among the properties, then the resolution shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire cost to be assessed by the total number of front feet of real property abutting upon the shoreline on which the project is located and which will be subject to the special assessment, and multiplying the quotient by the total number of front feet in any particular lot or parcel of land fronting in the beach on which the project is located. The result of this formula shall be assessed against each lot or parcel of land for the owner's part of the cost of the entire improvement to be paid through special assessments.

If the board of commissioners determines that the area rule is the most equitable method of distributing the cost among the properties, then the resolution shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire cost to be assessed by the total number of acres or square feet in the area being benefited and that is subject to the special assessment, and multiplying the quotient by the total number of acres or square feet in any particular lot or parcel of land. The result of this formula shall be assessed against each lot or parcel of land for the owner's part of the cost of the entire improvement to be paid through special assessments.
Miss. Code Ann. § 49-17-101 — MS Code / Title 49 / Chapter 13 / Section 17-101
Miss. Code Ann. § 49-17-101
Status: in_force

Whenever used in Sections 49-17-101 through 49-17-123 , unless a different meaning clearly appears from the context, the following terms, whether used in the singular or plural, shall be given the following meanings:

(1) “Bonds” shall include notes, bonds and other obligations authorized to be issued under Sections 49-17-101 through 49-17-123 .

(2) “Governing board” shall mean the governing bodies of the several counties and incorporated municipalities of the state as now or hereafter constituted; and in the event that any pollution control facilities shall be located in more than one (1) county, the term “governing board” shall also relate to the governing bodies of the several counties wherein such pollution control facilities shall be located.

(3) “Municipality” shall mean a county or incorporated municipality of this state.

(4) “Pollution control facilities” shall mean any facilities to be located in the municipality which are designed and used for the elimination, mitigation or prevention of air or water pollution, and shall include all facilities and equipment designed and used to collect, treat and thereafter dispose of all effluents and waste of any sort originating in or about or resulting from conduct of any industrial enterprise. Pollution control facilities may include facilities designed both for water and air pollution. Pollution control facilities may be constructed as part of, and may include facilities also designed for the recovery of chemicals or to serve some other purpose, but which also contribute to the elimination, mitigation or prevention of air or water pollution. Pollution control facilities financed pursuant to Sections 49-17-101 through 49-17-123 by a county or an incorporated municipality shall not be a part of such county's or municipality's municipal water or sewer system.

(5) “Industry” shall mean any person, firm or corporation operating any enterprise or facility for the manufacturing, processing, generation, assembling, distributing, shipping or rendering of any type of energy, product, or public utility services from which operation conditions result which would, unless eliminated, mitigated or prevented, result in pollution of the atmosphere or waters situated in or abutting this state.

(6) “Pollution authority” shall mean the Mississippi Air and Water Pollution Control Commission as established by Sections 49-17-1 through 49-17-43 , as the same may be amended from time to time.

(7) “Lease/sale” shall mean any agreement without limitation whereby a county or incorporated municipality shall lease and/or convey title to pollution control facilities to an industry, made by and between the governing board and such industry by which such industry agrees to pay to (and to secure if so required) the county or the incorporated municipality, as the case may be, or to any assignee thereof, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds, and/or the expenses, if any, of operation by such municipality or county.

(8) “Board” shall mean the Mississippi Agricultural and Industrial Board.
Miss. Code Ann. § 49-17-741 — MS Code / Title 49 / Chapter 8 / 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. § 49-19-23 — MS Code / Title 49 / Chapter 8 / 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. § 49-31-5 — MS Code / Title 49 / Chapter 7 / Section 31-5
Miss. Code Ann. § 49-31-5
Status: in_force

(1) It is the intent of the Legislature to promote pollution prevention, require state agency recycling programs, encourage the recycling industry and promote public education on waste management issues.

(2) The Legislature declares it to be the policy of the State of Mississippi that the generation of waste should be reduced or eliminated at the source, whenever feasible; waste that is generated should be recycled or reused whenever feasible; waste that cannot be reduced or recycled should be treated in an environmentally safe manner; and disposal or other permitted release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.

(3) The state's goal is to reduce the quantity of waste generated within Mississippi by a minimum of twenty-five percent (25%) by January 1, 1996. For purposes of measuring the reduction of hazardous waste, the department shall use as a baseline the quantity of hazardous waste generated, as reported for the 1989 calendar year. For purposes of measuring the reduction of nonhazardous solid waste, the department shall use as a baseline information submitted to the State Tax Commission pursuant to Section 17-17-219 for the 1992 calendar year. For other wastes, the department shall establish a baseline.
Miss. Code Ann. § 49-25-1 — MS Code / Title 49 / Chapter 7 / Section 25-1
Miss. Code Ann. § 49-25-1
Status: in_force

This chapter may be cited as the “Junkyard Control Law.”
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 2 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-28-9 — MS Code / Title 49 / Chapter 5 / Section 28-9
Miss. Code Ann. § 49-28-9
Status: in_force

If no petition requiring an election is filed or if three-fifths ( 3 / 5 ) of those voting in the election provided in Section 49-28-7 vote in favor of the creation of the district, the board of supervisors shall adopt a resolution creating the district as described in the resolution of intent.
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 4 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

(1) To encourage better land use, to assist in controlling headwaters, to prevent soil erosion, to help increase community and individual farm incomes, and to assist schools in forest education and timber management, the Mississippi Forestry Commission is hereby authorized to produce and make available to farm owners and to schools of this state, having lands contiguous to the school site suitable for reforestation, free commercial tree seedlings not to exceed five thousand (5,000) trees per farm owner per year, and not to exceed five thousand (5,000) trees per school, providing the farm owner or owners and school trustees desiring such seedlings enter into a cooperative agreement with the state forestry commission assuring the commission of the proper planting, care, and protection of all seedlings thus furnished from fire and wasteful cutting. The minimum number of seedlings furnished any consignee under this section shall not be less than one thousand (1,000).

(2) In its cooperative agreement, the Mississippi Forestry Commission may provide for the payment to it of a penalty of not exceeding Ten Dollars ($10.00) per thousand trees for each thousand or part thereof planted in violation of the purposes and intent of this section.

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-7-301 — MS Code / Title 49 / Chapter 3 / 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. § 49-31-11 — MS Code / Title 49 / Chapter 17 / 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. § 49-1-1 — MS Code / Title 49 / Chapter 1 / Section 1-1
Miss. Code Ann. § 49-1-1
Status: in_force

Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties:

(a) “ Commission ” means the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) “ Department ” means the Mississippi Department of Wildlife, Fisheries and Parks.

(c) “ Director ” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

(d) “ Executive director ” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-13-17 — MS Code / Title 49 / Chapter 9 / Section 13-17
Miss. Code Ann. § 49-13-17
Status: in_force

In case of the resale or disposition of quail carcasses originally purchased or received from a licensed quail producer and in turn sold or donated by another person, a record of each subsequent change of ownership must be made. The following information must be recorded by the present owner about the owner who receives the quail: name and address of the person or business to which the quail carcasses were transferred, the date of the transfer and the kind and number of quail transferred. The record of the quail transfer of ownership must be kept by the person or business selling or donating the quail for a period of one (1) year following the ownership transfer and shall, upon request, be available for inspection by a representative of the department.
Miss. Code Ann. § 49-25-7 — MS Code / Title 49 / Chapter 15 / Section 25-7
Miss. Code Ann. § 49-25-7
Status: in_force

No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight.

(b) Those located within areas which are zoned for industrial use under authority of law.

(c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the State Highway Commission.

(d) Those which are not visible from the main-traveled way of the system.
Miss. Code Ann. § 49-19-145 — MS Code / Title 49 / Chapter 7 / Section 19-145
Miss. Code Ann. § 49-19-145
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the South Central Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member who shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Miss. Code Ann. § 49-9-10 — MS Code / Title 49 / Chapter 8 / Section 9-10
Miss. Code Ann. § 49-9-10
Status: in_force

Any exporter shall pay to the department a severance fee of an amount not to exceed one-tenth ( 1 / 10 ) of the value of the shells. The severance fee payments shall be made on the forms and in the manner prescribed by the commission. The exporter shall file a surety bond of Five Thousand Dollars ($5,000.00) with the department.
Miss. Code Ann. § 49-5-101 — MS Code / Title 49 / Chapter 1 / Section 5-101
Miss. Code Ann. § 49-5-101
Status: in_force

Sections 49-5-101 through 49-5-119 shall be known and may be cited as “The Nongame and Endangered Species Conservation Act.”
Miss. Code Ann. § 49-15-84 — MS Code / Title 49 / Chapter 10 / 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. § 49-15-25 — MS Code / Title 49 / Chapter 2 / Section 15-25
Miss. Code Ann. § 49-15-25
Status: in_force

The department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
Miss. Code Ann. § 49-19-33 — MS Code / Title 49 / Chapter 15 / Section 19-33
Miss. Code Ann. § 49-19-33
Status: in_force

The Southern Regional Fire Training Center Building located in Pearl, Mississippi, shall be renamed the Richard (Dick) Allen Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Richard (Dick) Allen Building which states the background, accomplishments and service to Mississippi of Richard Allen as Executive Director of the State Forestry Commission.
Miss. Code Ann. § 49-17-511 — MS Code / Title 49 / Chapter 1 / Section 17-511
Miss. Code Ann. § 49-17-511
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint risk assessor certificate to conduct a risk assessment or lead hazard screen as part of any lead-based paint activity.

(2) To qualify for a lead-based paint risk assessor certificate, an applicant shall:

(a)(i) Be a registered professional engineer or a licensed architect; or

(ii) Have a bachelor's degree in a profession related to engineering, health or environmental science and one (1) year of experience in a related field, as determined by the commission; or

(iii) Have an associate's degree and two (2) years of experience in a related field, as determined by the commission; or

(iv) Have a high school diploma or equivalent and three (3) years of experience in a related field, as determined by the commission;

(b) Satisfactorily complete an accredited training program for lead-based paint risk assessors and lead-based paint inspectors; and

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-16 — MS Code / Title 49 / Chapter 9 / Section 17-16
Miss. Code Ann. § 49-17-16
Status: in_force

(1)(a) An Advisory Council, hereinafter referred to as “Advisory Council,” is created to conduct an independent study of the costs for the development and administration of the Title V program within the Department of Environmental Quality and to conduct an annual review of the costs of administering such programs.

(b) The costs to be included within the study for the Title V program shall be those costs set forth in Section 49-17-14 . After completing a study of the program needs and costs, the Advisory Council shall recommend an equitable fee system for the Title V program. The annual review of the Title V program shall determine if the fee system is collecting sufficient funds to meet the program needs. The Advisory Council shall recommend an appropriate fee schedule for the upcoming fee year and, if necessary, recommend changes to the existing fee system so that sufficient funds are collected through an equitable fee system. Each annual review report shall be due January 1 of each year to the commission and the Executive Director of the Department of Environmental Quality.

(2) The Department of Environmental Quality shall assist the Advisory Council by providing any information the Advisory Council may require to perform its duties under Sections 49-17-1 through 49-17-45 .

(3) The Advisory Council shall be composed of the following seven (7) persons appointed as follows: three (3) representatives of industries that qualify for inclusion under the Title V program, that are required to pay the program fee, with one (1) such representative to be appointed by the Governor, one (1) by the Lieutenant Governor and one (1) by the Speaker of the House of Representatives; the Executive Director of the Mississippi Development Authority; the President of the Mississippi Manufacturers Association; the President of the Mississippi Farm Bureau Federation; and the Chairman of the Mississippi Small Business Compliance Advisory Panel. Nonappointed members of the Advisory Council may designate an alternate member to act in their stead in performing any function of the Advisory Council. The length of term for each member of the Advisory Council shall be four (4) years. Members of the Advisory Council may serve successive and multiple terms.

(4) Vacancies on the Advisory Council shall be filled by appointment in the same manner as the original appointments.

(5) The Advisory Council shall select from their membership a chairperson to preside over meetings and a vice chairperson to preside in the absence of the chairperson or when the chairperson shall be excused. The Advisory Council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum to do business.

(6) Members of the Advisory Council shall serve without salary. The members of the Advisory Council shall be entitled to receive reimbursement of their actual travel and hotel expenses as provided in Section 25-3-41 , incurred while in the performance of their duties as members of the Advisory Council to be paid on an itemized statement approved by the State Fiscal Officer. Expenses shall be paid from fees collected in accordance with Section 49-17-30 .

(7) The Executive Director of the Department of Environmental Quality shall provide technical, clerical and other support services, including services by contract, as the Advisory Council determines that it requires in the performance of its functions.
Miss. Code Ann. § 49-28-39 — MS Code / Title 49 / Chapter 3 / Section 28-39
Miss. Code Ann. § 49-28-39
Status: in_force

The board of commissioners of any district created under this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both, to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both. The board of commissioners may execute and deliver at private sale notes or bonds as evidence of the indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both. The board of commissioners may pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. The district may do all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, design, construction, operation, maintenance or improvement of projects of the district.
Miss. Code Ann. § 49-17-421 — MS Code / Title 49 / Chapter 11 / Section 17-421
Miss. Code Ann. § 49-17-421
Status: in_force

(1) After receiving the annual report and recommendation of the Underground Storage Tank (UST) Advisory Council, the commission may assess and collect an annual tank regulatory fee in an amount sufficient to administer Sections 49-17-401 through 49-17-435 , but not to exceed Two Hundred Dollars ($200.00) per tank. The fee, as set by the commission, shall be assessed per tank per year and shall be collected from the owner of each underground storage tank available for use in Mississippi on July 1, 1988, or brought into use or available for use after that date, as provided in the Mississippi Underground Storage Tank Act of 1988 ( Sections 49-17-401 through 49-17-435 ). The fee assessed under this section is a debt due by the owner of each tank in use in Mississippi on July 1, 1988, or brought into use after that date.

(2) The commission shall establish the amount of the tank regulatory fee to cover the costs of the Underground Storage Tank Program. The fee for each state fiscal year shall be set by order of the commission, which shall include:

(a) A receipt of the report and recommendations of the UST Advisory Council, and

(b) A public notice to allow the public a period of at least thirty (30) days to provide comments regarding the underground storage tank fee report and recommendation, or to request a public hearing in accordance with Section 49-17-29(4)(a) .

The department may conduct a public hearing on the tank regulatory fee when a significant level of public interest exists or when warranted by other factors. Notwithstanding the provisions of this subsection (2), the commission may proceed with entry of the order if the UST Advisory Council fails to submit its report in a timely manner.

The tank regulatory fee shall be due July 1 of each year, and if any part of the fee is not paid within thirty (30) days after the due date, a penalty of fifty percent (50%) of the amount due shall accrue at once and be added to the fee, unless the owner of the underground storage tank demonstrates to the commission that the failure to make timely payment was unavoidable due to financial hardship or otherwise beyond the control of the owner.

Monies collected under this section shall be deposited in a special fund which is created in the State Treasury. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the General Fund and any interest earned on amounts in the special fund shall be credited to the special fund by the Treasurer. The fund may receive monies from any available public or private source, including, but not limited to, the fund, collection of fees, interest, grants, taxes, public or private donations and judicial actions. Monies in this special fund shall be expended by annual appropriation approved by the Legislature to administer Sections 49-17-401 through 49-17-435 .
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 1 / Section 28-47
Miss. Code Ann. § 49-28-47
Status: in_force

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Miss. Code Ann. § 49-5-76 — MS Code / Title 49 / Chapter 5 / Section 5-76
Miss. Code Ann. § 49-5-76
Status: in_force

The Mississippi Commission on Wildlife, Fisheries and Parks may solicit and receive gifts, donations, contributions and other monies, including bequests and devises, on behalf of the Mississippi Wildlife, Fisheries and Parks Foundation and, upon receipt thereof, shall transfer and remit such gifts, donations, contributions and monies so received to the foundation for its use.
Miss. Code Ann. § 49-35-53 — MS Code / Title 49 / Chapter 15 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

(1) If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, which may be imposed with regard to the property, then he shall not be liable to persons other than the United States or the state for contamination or remediation of the NPL property subject to restoration.

(2) The immunity provided under this section applies to the following persons to the same extent as to the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration:

(a) Any person under the direction or control of the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration with regard to the remediation or redevelopment of the NPL property subject to restoration, except that such person shall not be immune from any liability which may result from remediating or cleaning the NPL property subject to restoration when he remediates or cleans the property improperly or insufficiently or without complying with any order, rule or regulation of the United States Environmental Protection Agency or Department of Environmental Quality or any state or federal law pertaining to the environment;

(b) Any future owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration;

(c) Any person who develops, redevelops or lawfully occupies the NPL property subject to restoration;

(d) Any lender or fiduciary that provided financing for remediation or redevelopment of the NPL property subject to restoration; and

(e) Any successor or assign of a person to whom the immunity granted under this section applies.

(3) The immunity provided under this section shall be void if a person to whom it is granted fails to comply with any order, rule or regulation of the United States Environmental Protection Agency or the Department of Environmental Quality pertaining to the NPL property subject to restoration, or any state or federal law pertaining to the environment.

(4) This section shall not create a defense against the imposition of criminal, civil or administrative penalties for violations of law on the part of the person to whom the immunity is provided. Further, this section shall not affect the right of any person alleged to have suffered damages in connection with the NPL property subject to restoration to seek relief against a person other than those described in this section as protected by the immunity.

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-15-76 — MS Code / Title 49 / Chapter 9 / Section 15-76
Miss. Code Ann. § 49-15-76
Status: in_force

(1) It is unlawful for any person to sell, barter or trade or to offer for sale, barter or trade any game fish enumerated in this chapter.

(2) Cobia may be sold in this state if the cobia is purchased from a state in which it may lawfully be caught and sold. Any individual, partnership, corporation or other entity which sells cobia in this state shall maintain documentation showing the state of purchase and date of purchase of cobia for a period of sixty (60) days from the date of purchase of the cobia. The Department of Marine Resources or any other law enforcement agency with which the department has a cooperating agreement may require any seller of cobia to document the date and state of purchase.

(3) Any person who cultivates a game fish as permitted under the Mississippi Aquaculture Act of 1988 may sell the game fish in accordance with the marine aquaculture program.

(4) A person who violates this section shall be punished as provided in Section 49-15-63 .
Miss. Code Ann. § 49-17-731 — MS Code / Title 49 / Chapter 7 / Section 17-731
Miss. Code Ann. § 49-17-731
Status: in_force

(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 “Jackson County Utility Authority.” The authority is composed of the geographic area of Jackson County as defined in Section 19-1-59, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water and wastewater systems in order to ensure the delivery of water and wastewater services to citizens residing within the boundaries of Jackson County.

(2) Within thirty (30) days of April 18, 2006, the Jackson County Utility Authority and the Mississippi Gulf Coast Regional Wastewater Authority shall consolidate into a single agency, to be known as the Jackson County Utility Authority, which shall be a continuance of the corporate existence of the Mississippi Gulf Coast Regional Wastewater Authority. Such consolidation shall be effective by the concurrent resolution of the Mississippi Gulf Coast Regional Wastewater Authority and the Jackson County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Mississippi Gulf Coast Regional Wastewater Authority and the Jackson County Utility Authority.

(3) Upon consolidation the following shall apply:

(a) All property, rights and powers of the Mississippi Gulf Coast Regional Wastewater Authority are hereby vested in and shall be exercised by the Jackson County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Mississippi Gulf Coast Regional Wastewater Authority;

(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Mississippi Gulf Coast Regional Wastewater Authority are hereby imposed upon the Jackson County Utility Authority. Any property of the Mississippi Gulf Coast Regional Wastewater Authority in which a mortgage or security interest has been granted to any bondholders or other creditors of the Mississippi Gulf Coast Regional Wastewater Authority shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Mississippi Gulf Coast Regional Wastewater Authority and persons having claims against or contracts with the Mississippi Gulf Coast Regional Wastewater Authority of any kind or character may enforce those debts, claims and contracts against the Jackson County Utility Authority in the same manner as they might have against the Mississippi Gulf Coast Regional Wastewater Authority, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;

(c) All regulations of the Mississippi Gulf Coast Regional Wastewater Authority shall continue to be in effect as the regulations of the Jackson County Utility Authority until amended, supplemented or rescinded by the Jackson County Utility Authority in accordance with law; and

(d) All employees of the Mississippi Gulf Coast Regional Wastewater Authority shall become employees of the Jackson County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 15 / Section 37-3
Miss. Code Ann. § 49-37-3
Status: in_force

(1) The Legislature finds that:

(a) Numerous federal and state agencies collect and manage scientific information relating to the environment and natural resources of the state;

(b) Scientific information is a strategic asset in the management of our natural resources, exploration for oil and gas and economic development activities; and

(c) Lack of coordination in the collection and management of scientific information can lead to duplication of efforts and inefficient information management thus leading to increased and unnecessary costs.

(2) The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 1 / Section 17-423
Miss. Code Ann. § 49-17-423
Status: in_force

The commission shall administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499 , October 17, 1986, Public Law No. 99-563 , October 27, 1986, 42 USC Sections 9671 - 9675 , and shall have authority to promulgate any rules and regulations necessary to administer this program.
Miss. Code Ann. § 49-17-753 — MS Code / Title 49 / Chapter 17 / 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. § 49-15-71 — MS Code / Title 49 / Chapter 9 / Section 15-71
Miss. Code Ann. § 49-15-71
Status: in_force

(1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.

(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

(4) For the purposes of this section, the term “redfish” means red drum or sciaenops ocellatus.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 13 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-27-29 — MS Code / Title 49 / Chapter 5 / Section 27-29
Miss. Code Ann. § 49-27-29
Status: in_force

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
Miss. Code Ann. § 49-19-205 — MS Code / Title 49 / Chapter 8 / Section 19-205
Miss. Code Ann. § 49-19-205
Status: in_force

For purposes of Sections 49-19-201 through 49-19-227 , the following words shall have the meaning ascribed herein unless the context requires otherwise:

(a) “Commission” shall mean the state forestry commission.

(b) “State forester” shall mean the forester appointed by the commission.

(c) “Eligible owner” shall mean either (i) a private individual, group or association, or (ii) an agency of state, local or municipal government, but the term shall not mean or include private corporations manufacturing products or providing public utility services of any type or any subsidiary of such corporations; provided, however, only one (1) owner of land owned in joint tenancy or tenancy in common and only one (1) member or officer of any group or association shall be eligible to apply for or receive cost-share assistance to be expended for development of any or all lands owned by such owners or group or association.

(d) “Eligible lands” shall mean (i) non-industrial private lands owned by a private individual, group or association, and (ii) lands owned by the State of Mississippi or any political subdivision thereof, but shall not include lands owned by private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.

(e) “Cost-share assistance” shall mean the partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations of Sections 49-19-201 through 49-19-227 .

(f) “Approved practice” shall mean and include planting, seeding, timber stand improvement, prescribed burning, site preparation, systematic planting of hardwood trees for game preservation and development, or such other forest resource development practice as the commission shall approve or determine proper generally or with regard to any particular applicant.

(g) “Forest development fund” shall mean the special fund established in the State Treasury, designated as the Forest Resource Development Fund, created by Section 49-19-227 .
Miss. Code Ann. § 49-15-64.2 — MS Code / Title 49 / Chapter 10 / Section 15-64.2
Miss. Code Ann. § 49-15-64.2
Status: in_force

Any person shall be allowed to take shrimp in the bays located within and surrounding the cities of Bay St. Louis, Biloxi, Gautier, Ocean Springs and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day for personal consumption. The cast net shall not exceed twelve (12) feet in length.
Miss. Code Ann. § 49-28-49 — MS Code / Title 49 / Chapter 17 / Section 28-49
Miss. Code Ann. § 49-28-49
Status: in_force

If any provisions of this chapter shall be held to be invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Miss. Code Ann. § 49-17-44.1 — MS Code / Title 49 / Chapter 6 / Section 17-44.1
Miss. Code Ann. § 49-17-44.1
Status: in_force

If the commission determines that any privately owned sewer system that is certificated by the Public Service Commission and within its jurisdiction has been actually or effectively abandoned by its owner, or that its management is grossly inefficient or irresponsible, and the abandonment or management has created an environmental problem that endangers public health, the commission may petition the chancery court of any county wherein the privately-owned sewer system is located for an order attaching the assets of the privately-owned sewer system and placing such sewer system under the sole control and responsibility of a receiver. Any person served by the sewer system shall have standing to intervene in the chancery proceeding as an interested party. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such sewer system. The receiver shall operate the sewer system so as to preserve the assets of the sewer system and to serve the best interests of its customers while protecting public health and welfare and the environment. The receiver shall be compensated from the assets of the sewer system in an amount to be determined by the court. Control of and responsibility for the sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers and the public interest that the sewer system be returned to the owner, transferred to another owner, or assumed by another sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of the sewer system in the manner provided by law. Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section. Any new owner or operator of a sewer system transferred or liquidated by the receiver or the chancery court under this subsection shall obtain all necessary permits and approvals from the Permit Board, the Public Service Commission and any other applicable state or local agencies.
Miss. Code Ann. § 49-27-1 — MS Code / Title 49 / Chapter 9 / Section 27-1
Miss. Code Ann. § 49-27-1
Status: in_force

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
Miss. Code Ann. § 49-17-401 — MS Code / Title 49 / Chapter 6 / 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. § 49-13-11 — MS Code / Title 49 / Chapter 7 / Section 13-11
Miss. Code Ann. § 49-13-11
Status: in_force

The carcasses of dressed pen-raised quail shall, when sold or given as a gift, be contained in a package or wrapper possessing, in plain easy-to-read print, the licensed seller's or donor's name, name of quail business (if used) and address. The package or wrapper may contain one or more birds.
Miss. Code Ann. § 49-19-215 — MS Code / Title 49 / Chapter 1 / Section 19-215
Miss. Code Ann. § 49-19-215
Status: in_force

(1) The commission shall actively and diligently encourage all eligible owners to use their own resources or to employ the resources of private vendors to implement approved practices.

(2) The commission shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections 49-19-201 through 49-19-227 .
Miss. Code Ann. § 49-31-13 — MS Code / Title 49 / Chapter 21 / Section 31-13
Miss. Code Ann. § 49-31-13
Status: in_force

(1) The department shall complete a comprehensive study of the status of pollution prevention and recycling activities in Mississippi. The study shall address, but not be limited to, the following:

(a) The types and quantities of wastes generated in the state, the existing system for management of wastes, and pollution prevention and recycling efforts to date in the state;

(b) The advisability, feasibility and potential impacts of waste stream reduction through statutory restraints;

(c) The identification of key business, industry, academic institutions and governmental entities which should receive priorities in technical assistance;

(d) The establishment of the program priorities, objectives, missions and goals for pollution prevention and recycling in the state, including a methodology for assessing the efficiency and effectiveness of the program in attaining program goals and objectives;

(e) The development of a methodology to assess progress in minimizing waste, preventing pollution and recycling in the state; and

(f) Any other information deemed necessary by the department to carry out the purposes of this chapter.

(2) The study shall be presented to the Chairman of the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Environmental Protection, Conservation and Water Resources Committee of the Mississippi Senate by the second day of each legislative session.
Miss. Code Ann. § 49-31-25 — MS Code / Title 49 / Chapter 10 / Section 31-25
Miss. Code Ann. § 49-31-25
Status: in_force

(1) There is imposed upon each large quantity generator and each small quantity generator that is regulated under the Mississippi hazardous waste management regulations and each facility operator, a pollution prevention fee. The fee upon each large quantity generator and each small quantity generator shall be measured by the quantity of hazardous waste which that generator generates annually. The fee upon each facility operator shall be measured by the quantity of chemicals which each facility releases annually and reports pursuant to Section 313 of EPCRA. For a fee payer that is both a large quantity hazardous waste generator and a facility operator, the fee shall be measured by adding the quantity of fugitive and stack air emissions reported under Section 313 of EPCRA plus the quantity of hazardous waste generated annually. For a fee payer that is both a small quantity hazardous waste generator and a facility operator, the fee shall be measured by the quantity of chemicals released as reported pursuant to Section 313 of EPCRA. The fee shall be assessed in an amount according to the following schedule:

TONS GENERATED/RELEASED

ANNUAL FEE

0.01

to

9.99

$ 250.00

10.00

to

99.99

$ 500.00

100.00

to

999.99

$ 1,500.00

1,000.00

to

9,999.99

$ 2,500.00

10,000.00

to

49,999.99

$ 10,000.00

50,000.00

and above

$ 50,000.00

The fee shall be due and payable to the department not later than September 1 of each year, or not later than a date specified by the department in the invoice which shall be no less than thirty (30) days following receipt of an invoice from the department, whichever is later. The fee shall be based on the quantity of hazardous waste generated and/or chemicals released during the preceding calendar year. The department shall annually prepare an invoice for the amount of the pollution prevention fee due from each generator or facility operator and furnish it to each generator or facility operator. The proceeds of the fee shall be deposited into the Environmental Protection Trust Fund created in Section 17-17-217 .

(2) From and after July 1, 1995, the department shall exclude from the calculation of the pollution prevention fee any hazardous waste recycled on-site or shipped off-site for recycling as reported on the Mississippi Annual Hazardous Waste Report or its equivalent and any chemicals recycled on-site or shipped off-site for recycling as reported under Section 313 of EPCRA. The hazardous waste generator or the facility operator shall submit any information the department deems necessary to substantiate that the hazardous waste or chemicals were recycled.

(3) At the discretion of the commission, a generator or facility operator shall be liable for a penalty not to exceed three (3) times the amount of the fee due and payable for failure to pay the fee on or before the due date, plus the amount necessary to reimburse the cost of collection.

(4) From and after July 1, 1995, the department shall exclude from any calculation of pollution prevention fee any hazardous waste or chemical for which a Title V permit fee is assessed to the same generator or facility operator.
Miss. Code Ann. § 49-18-5 — MS Code / Title 49 / Chapter 1 / Section 18-5
Miss. Code Ann. § 49-18-5
Status: in_force

(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.

(2) Subsection (1) does not apply:

(a) To a responsible party;

(b) To personal injury or wrongful death; or

(c) If the person is grossly negligent or engages in willful misconduct.

(3) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1).

(4) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
Miss. Code Ann. § 49-15-11 — MS Code / Title 49 / Chapter 10 / Section 15-11
Miss. Code Ann. § 49-15-11
Status: in_force

(1) The Mississippi Department of Marine Resources is hereby established and full power is vested in the department to manage, control, supervise, enforce and direct any matters pertaining to saltwater aquatic life and marine resources under the jurisdiction of the commission.

(2) The Executive Director of the Department of Marine Resources shall have the authority to internally reorganize the Department of Marine Resources. For a period of six (6) months after April 16, 2014, the personnel actions of the executive director shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive director flexibility in making an orderly, effective and timely reorganization of the Department of Marine Resources.

(3) The department shall be composed of the following offices:

(a) Office of Coastal Resources Management;

(b) Office of Finance and Administration;

(c) Office of Marine Fisheries;

(d) Office of Marine Patrol; and

(e) Office of Coastal Restoration and Resiliency.

Each office shall be composed of the administrative units as set forth in the reorganization plan developed by the executive director.

(4) The following agency personnel shall be appointed by the executive director:

(a) Chief Financial Officer who shall have a minimum of a master's degree in business administration, accounting or related field and a minimum of five (5) years' experience in business management or accounting practice or who shall be a Certified Public Accountant.

(b) Chief of Marine Patrol who shall be a certified law enforcement officer with a minimum of ten (10) years of law enforcement experience.

(c) Chief Scientific Officer who shall have a minimum of a master's degree in coastal sciences or related field with a minimum of five (5) years of experience in coastal resource management or equivalent experience.

(5) The executive director shall have an annual audit of the department, including the accounts established in Section 49-15-17 , performed by an independent certified public accountant and shall file the audit report with the commission, the Chairman of the Senate Ports and Marine Resources Committee, the Chairman of the House Marine Resources Committee, the State Auditor and the Legislative Budget Office.

(6) Whenever the terms “ Mississippi Marine Conservation Commission ,” “ Marine Conservation Commission ,” “ Bureau of Marine Resources ” and “ Mississippi Marine Resources Council ” appear in any state law, they shall mean the Mississippi Advisory Commission on Marine Resources, which shall operate only as an advisory commission to the Department of Marine Resources.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 17 / Section 27-53
Miss. Code Ann. § 49-27-53
Status: in_force

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
Miss. Code Ann. § 49-17-63 — MS Code / Title 49 / Chapter 11 / Section 17-63
Miss. Code Ann. § 49-17-63
Status: in_force

Loans in aid of construction in amounts of Five Hundred Thousand Dollars ($500,000.00) or less made from state funds shall be made to the political subdivision eligible to receive such loan immediately upon approval of the award by the appropriate federal agency or agencies of a contract, or contracts, for construction.

The remainder of any such loan in aid of construction from state funds shall be made in installments in accord with rules and regulations adopted by the bureau of pollution control of the department of natural resources as authorized by subsection (h) of Section 49-17-17, Mississippi Code of 1972 .

All such loans in aid of construction shall be made subject to the availability of funds.
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 3 / 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. § 49-7-253 — MS Code / Title 49 / Chapter 4 / Section 7-253
Miss. Code Ann. § 49-7-253
Status: in_force

(1) Except as otherwise provided in Section 49-7-257 , an owner of property that has been seized pursuant to Section 49-7-103 , 49-15-21(2) or 59-21-33, Mississippi Code of 1972 , shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Mississippi Department of Wildlife, Fisheries and Parks, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(2) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence.

(3) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(4) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency.
Miss. Code Ann. § 49-28-15 — MS Code / Title 49 / Chapter 23 / Section 28-15
Miss. Code Ann. § 49-28-15
Status: in_force

Beginning on the date of the adoption of the resolution creating a district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 4 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

For the purposes of Sections 49-17-81 through 49-17-89 , the following words and phrases shall have the meaning ascribed in this section:

(a) “Administrator” means the Administrator of the United States Environmental Protection Agency.

(b) “Commission” means the Mississippi Commission on Environmental Quality.

(c) “Department” means the Mississippi Department of Environmental Quality.

(d) “Emergency fund” means the “Water Pollution Control Emergency Loan Fund” created under Section 49-17-86 .

(e) “Loan agreement” means an agreement by and among the commission, a political subdivision and the State Tax Commission to evidence the terms and provisions of a loan under Sections 49-17-81 through 49-17-89 .

(f) “Loan fund” means the Water Pollution Abatement Loan Fund created pursuant to Section 49-17-61 .

(g) “Municipal security” means a bond, note or other evidence of indebtedness issued by a political subdivision to evidence a loan pursuant to the provisions of Sections 49-17-81 through 49-17-89 .

(h) “Political subdivision” means any county, municipality, utility, district, political subdivision, or other governmental unit created under state law.

(i) “Project” means a publicly owned wastewater collection, treatment or disposal system including sludge disposal, renovation, repair and upgrading of existing systems, nonpoint source pollution control management programs and estuary conservation and management programs, and otherwise qualified under rules of the commission pursuant to the federal Water Quality Act of 1987.

(j) “Revolving fund” means the Mississippi Water Pollution Control Revolving Fund created under Section 49-17-85 .

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 15 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-15-9 — MS Code / Title 49 / Chapter 2 / Section 15-9
Miss. Code Ann. § 49-15-9
Status: in_force

The sole right of planting, cultivating in racks or other structures, and gathering oysters and erecting bathhouses and other structures in front of any land bordering on the Gulf of Mexico or Mississippi Sound or waters tributary thereto belongs to the riparian owner and extends not more than seven hundred fifty (750) yards from the shore, except for state-owned lands on Deer Island, which shall be not more than four hundred (400) yards from shore, measuring from the average low water mark, and except for state-owned lands along the Hancock County shoreline from Bayou Caddy to the Mississippi-Louisiana state boundary, which shall not extend out further than three hundred (300) yards from the average low watermark, but where the distance from shore to shore is less than fifteen hundred (1500) yards, the owners of either shore may plant and gather to a line equidistant between the two (2) shores, but no person shall plant in any natural channel so as to interfere with navigation, and such riparian rights shall not include any reef or natural oyster bed and does not extend beyond any channel. A riparian owner shall comply with the Coastal Wetlands Protection Act in exercising the use of these riparian rights. Stakes of such frail materials as will not injure any watercraft may be set up to designate the bounds of the plantation, but navigation shall not be impeded thereby. The riparian owner shall clearly mark such cultivation racks and other structures. The department may adopt regulations to require that the racks are adequately marked to ensure the safety of users of public waters. Any oysters planted by such riparian owner are the private property of such riparian owner, subject to the right of the department to adopt reasonable rules and regulations as to the planting and gathering of such oysters. All bathhouses, piers, wharfs, docks and pavilions, or other structures owned by the riparian owner are likewise the private property of such owner, who shall be entitled to the exclusive use, occupancy and possession thereof, and may abate any private or public nuisance committed by any person or persons in the area of his riparian ownership and may, for such purposes, resort to any remedial action authorized by law. The governing authorities of any municipality and the board of supervisors of any county are authorized to adopt reasonable rules and regulations to protect riparian owners in the enjoyment of their riparian rights, and for such purposes may regulate the use of beaches, landings, and riparian areas abutting or fronting on roads, streets or highways.
Miss. Code Ann. § 49-27-6 — MS Code / Title 49 / Chapter 9 / Section 27-6
Miss. Code Ann. § 49-27-6
Status: in_force

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

(a) “ Marina ” means a facility providing more than twelve (12) mooring spaces for boats that may provide supplies and services including electricity, fresh water, fuel or sewage collection facilities.

(b) “ Public marina ” means a marina that offers mooring spaces and docking facilities for lease by the general public. Public marinas include recreational and commercial marinas, and they require a “C” for commercial or “I” for industrial use designation.

(c) “ Private single-family or multi-family pier ” means a pier that is part of an adjacent single-family home subdivision or multi-family condominium or apartment development that provides mooring spaces and docking facilities restricted for use by only home owners or tenants of the adjacent development. Private single-family and multi-family piers with twelve (12) or fewer mooring spaces are compatible with a “G” for general use designation. Private single-family and multi-family piers with more than twelve (12) mooring spaces require a “C” for commercial use designation. Commercial vessels may not be moored in a multi-family pier.

(d) “ Yacht club marina ” means a marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a “C” for commercial or “I” for industrial use designation.
Miss. Code Ann. § 49-15-31 — MS Code / Title 49 / Chapter 9 / Section 15-31
Miss. Code Ann. § 49-15-31
Status: in_force

(1) The department may construct, maintain and operate all patrol stations, camps and related facilities as may be deemed necessary by the department.

(2) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of the foreign states shall be required to pass.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 15 / Section 17-727
Miss. Code Ann. § 49-17-727
Status: in_force

(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 “Harrison County Utility Authority.” The authority is composed of the geographic area of Harrison County as defined in Section 19-1-47, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Harrison County.

(2) Within thirty (30) days of April 18, 2006, the Harrison County Utility Authority and the Harrison County Wastewater and Solid Waste Management District shall consolidate into a single agency, to be known as the Harrison County Utility Authority, which shall be a continuance of the corporate existence of the Harrison County Wastewater and Solid Waste Management District. Such consolidation shall be effective by the concurrent resolution of the Harrison County Wastewater and Solid Waste Management District and the Harrison County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Harrison County Wastewater and Solid Waste Management District and the Harrison County Utility Authority.

(3) Upon consolidation, the following shall apply:

(a) All property, rights and powers of the Harrison County Wastewater and Solid Waste Management District are hereby vested in and shall be exercised by the Harrison County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Harrison County Wastewater and Solid Waste Management District;

(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Harrison County Wastewater and Solid Waste Management District are hereby imposed upon the Harrison County Utility Authority. Any property of the Harrison County Wastewater and Solid Waste Management District in which a mortgage or security interest has been granted to any bondholders or other creditors of the Harrison County Wastewater and Solid Waste Management District shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Harrison County Wastewater and Solid Waste Management District and persons having claims against or contracts with the Harrison County Wastewater and Solid Waste Management District of any kind or character may enforce those debts, claims and contracts against the Harrison County Utility Authority in the same manner as they might have against the Harrison County Wastewater and Solid Waste Management District, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;

(c) All regulations of the Harrison County Wastewater and Solid Waste Management District shall continue to be in effect as the regulations of the Harrison County Utility Authority until amended, supplemented or rescinded by the authority in accordance with law; and

(d) All employees of the Harrison County Wastewater and Solid Waste Management District shall become employees of the Harrison County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-31-11 — MS Code / Title 49 / Chapter 13 / 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. § 49-31-25 — MS Code / Title 49 / Chapter 4 / Section 31-25
Miss. Code Ann. § 49-31-25
Status: in_force

(1) There is imposed upon each large quantity generator and each small quantity generator that is regulated under the Mississippi hazardous waste management regulations and each facility operator, a pollution prevention fee. The fee upon each large quantity generator and each small quantity generator shall be measured by the quantity of hazardous waste which that generator generates annually. The fee upon each facility operator shall be measured by the quantity of chemicals which each facility releases annually and reports pursuant to Section 313 of EPCRA. For a fee payer that is both a large quantity hazardous waste generator and a facility operator, the fee shall be measured by adding the quantity of fugitive and stack air emissions reported under Section 313 of EPCRA plus the quantity of hazardous waste generated annually. For a fee payer that is both a small quantity hazardous waste generator and a facility operator, the fee shall be measured by the quantity of chemicals released as reported pursuant to Section 313 of EPCRA. The fee shall be assessed in an amount according to the following schedule:

TONS GENERATED/RELEASED

ANNUAL FEE

0.01

to

9.99

$ 250.00

10.00

to

99.99

$ 500.00

100.00

to

999.99

$ 1,500.00

1,000.00

to

9,999.99

$ 2,500.00

10,000.00

to

49,999.99

$ 10,000.00

50,000.00

and above

$ 50,000.00

The fee shall be due and payable to the department not later than September 1 of each year, or not later than a date specified by the department in the invoice which shall be no less than thirty (30) days following receipt of an invoice from the department, whichever is later. The fee shall be based on the quantity of hazardous waste generated and/or chemicals released during the preceding calendar year. The department shall annually prepare an invoice for the amount of the pollution prevention fee due from each generator or facility operator and furnish it to each generator or facility operator. The proceeds of the fee shall be deposited into the Environmental Protection Trust Fund created in Section 17-17-217 .

(2) From and after July 1, 1995, the department shall exclude from the calculation of the pollution prevention fee any hazardous waste recycled on-site or shipped off-site for recycling as reported on the Mississippi Annual Hazardous Waste Report or its equivalent and any chemicals recycled on-site or shipped off-site for recycling as reported under Section 313 of EPCRA. The hazardous waste generator or the facility operator shall submit any information the department deems necessary to substantiate that the hazardous waste or chemicals were recycled.

(3) At the discretion of the commission, a generator or facility operator shall be liable for a penalty not to exceed three (3) times the amount of the fee due and payable for failure to pay the fee on or before the due date, plus the amount necessary to reimburse the cost of collection.

(4) From and after July 1, 1995, the department shall exclude from any calculation of pollution prevention fee any hazardous waste or chemical for which a Title V permit fee is assessed to the same generator or facility operator.
Miss. Code Ann. § 49-15-315 — MS Code / Title 49 / Chapter 3 / Section 15-315
Miss. Code Ann. § 49-15-315
Status: in_force

(1) It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the marine waters north of the CSX bridge in the three (3) coastal counties, except for the following:

(a) A person may take any euryhaline species of minnow; and

(b) A licensed commercial oyster fisherman may harvest oysters from reefs approved by the commission.

(2) The Gulf Coast Research Laboratory shall study all estuaries and bays deemed to be nurseries. The Gulf Coast Research Laboratory may recommend the establishment of nursery grounds in the estuaries and bays if necessary to protect the state's fishing resources.

(3) The department shall set the limits on all catches for noncommercial use.

(4) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2) , or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. 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.
Miss. Code Ann. § 49-7-257 — MS Code / Title 49 / Chapter 1 / Section 7-257
Miss. Code Ann. § 49-7-257
Status: in_force

(1) When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section 49-7-103 , 49-15-21(2) or 59-21-33, Mississippi Code of 1972 , the property may be forfeited by the administrative forfeiture procedures provided for in this section.

(2) The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section 49-7-251(2) .

(3) In the event that notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks.

(4) Notice pursuant to subsections (2) and (3) of this section shall include the following information:

(a) A description of the property;

(b) The approximate value of the property;

(c) The date and place of the seizure;

(d) The connection between the property and the violation of the Game and Fish Law, as set forth in Section 49-7-103, Mississippi Code of 1972;

(e) The instructions for filing a request for judicial review; and

(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.

(5) Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.

(6) If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section 49-7-255 .

(7) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-7-251 .
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 10 / 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. § 49-27-63 — MS Code / Title 49 / Chapter 1 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-17-44 — MS Code / Title 49 / Chapter 5 / Section 17-44
Miss. Code Ann. § 49-17-44
Status: in_force

(1) The permit board may require any applicant for a water pollution control permit for the discharge of effluent from any sewer system certificated or required to be certificated by the Public Service commission to provide a bond or other acceptable financial security instrument payable to the Commission on Environmental Quality and conditioned upon full and satisfactory performance of the requirements of the Mississippi Air and Water Pollution Control Law and any water pollution control permit issued under that law. Any bond shall be executed by the permittee and a corporate surety licensed to do business in the state. The commission shall establish by regulation the acceptable forms of financial security and the amount of financial security required for the various types and sizes of facilities. The purpose of the bond or other financial security shall be the protection of the public health, welfare and the environment.

(2) The commission may enter an order requiring forfeiture of the bond or other financial security, if the commission determines that:

(a) The continued operation or lack of operation and maintenance of the facility covered by this section represents an imminent threat to the public health, welfare and the environment because the permittee is unable or unwilling to adequately operate and maintain the facility or the facility has been actually or effectively abandoned by the permittee;

(b) Reasonable and practical efforts under the circumstances have been made to obtain corrective actions from the permittee; and

(c) It does not appear that corrective actions can or will be taken within an appropriate time as determined by the commission.

(3)(a) The proceeds of any forfeiture shall be deposited into a special fund created in subsection (5) of this section and shall be used by the commission or any receiver appointed by the Chancery Court of the First Judicial District of Hinds County to address or correct the noncompliance at the facility or to continue operation and maintenance of the facility. The proceeds shall be in addition to any other funds otherwise appropriated to the department and may be expended under the authority of this section without additional action of the Legislature.

(b) The commission shall file an annual report detailing the receipts and expenditure of the bond forfeiture fund with the Chairmen of the House and Senate Appropriation Committees.

(4) If the commission finds that a facility has been abandoned or that services of a facility have been terminated, the commission may enter any orders regarding continued operations of that facility as it deems necessary to protect the public health, welfare and the environment.

(5)(a) There is created in the State Treasury a fund to be designated as the “Water Pollution Control Bond Forfeiture Fund.” Monies in the fund shall be used by the commission or any receiver appointed by the court to address or correct the noncompliance at the facility or to continue operation and maintenance of the facility for which the bond or other financial security was forfeited.

(b) Expenditures may be made from the fund upon requisition by the executive director of the department.

(c) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.

(d) The fund may receive monies from any available public or private source, including, but not limited to, proceeds from bond or other financial security forfeitures, interest, and funds from other judicial actions.

(6) An appeal from any decision of the commission under this section may be taken as provided in Section 49-17-41, Mississippi Code of 1972 .

(7) This section shall be applicable to new applications for water pollution control permits and to existing water pollution control permits upon application for reissuance or transfer of a permit.
Miss. Code Ann. § 49-15-107 — MS Code / Title 49 / Chapter 9 / 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. § 49-19-35 — MS Code / Title 49 / Chapter 15 / 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. § 49-19-115 — MS Code / Title 49 / Chapter 6 / Section 19-115
Miss. Code Ann. § 49-19-115
Status: in_force

(1) The boards of supervisors of all counties are hereby directed to levy a special tax to be known as “the forest acreage tax.” Such tax shall be Two Cents (2¢) per acre on all timbered and uncultivatable lands in the county in order to receive the financial and supervisory cooperation of the State Forestry Commission in carrying out organized forest fire control and other provisions of Sections 49-19-111 through 49-19-117 .

(2) In addition to the tax levied under subsection (1) of this section, the boards of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts:

Total Acreage

Increase

Tax

Fiscal year ending September 30, 1990․․․․․․․․․․․․․․․․․․․․․․․․․․

3¢ per acre

5¢ per acre

Fiscal year ending September 30, 1991․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

7¢ per acre

Fiscal year ending September 30, 1992․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

9¢ per acre

Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year.

(3) Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements.

(4) Those homeowners described in Section 27-33-67(2) , who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972 , shall be exempt from any forest acreage tax levied pursuant to this section.

(5) The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989.
Miss. Code Ann. § 49-28-21 — MS Code / Title 49 / Chapter 4 / Section 28-21
Miss. Code Ann. § 49-28-21
Status: in_force

The board of supervisors may, upon petition by the board of commissioners of the district, exercise the power of eminent domain on behalf of the district wherever and whenever public necessity and convenience so requires.
Miss. Code Ann. § 49-28-19 — MS Code / Title 49 / Chapter 11 / Section 28-19
Miss. Code Ann. § 49-28-19
Status: in_force

(1) Any district created under this chapter, acting by and through the board of commissioners of the district as its governing authority, shall have the following powers and duties:

(a) To sue and be sued;

(b) To adopt an official seal with which to attest the official acts and records of the board and district;

(c) To acquire by purchase, gift, devise and lease or any other mode of acquisition, other than by eminent domain, hold and dispose of real and personal property of every kind inside or outside the district;

(d) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;

(e) To incur debts, to borrow money, to issue negotiable special improvement bonds, and to provide for the rights of the holders of those bonds;

(f) To fix, maintain, collect and revise charges and assessments for services rendered by or through the district;

(g) To pledge all or any part of the revenues of the district to the payment of its obligations;

(h) To make any covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;

(i) To use any right-of-way, public right-of-way, easement, or other similar property or property rights held by the state or any political subdivision of the state necessary or convenient in connection with any project conducted by the district; however, the governing body of the political subdivision must first consent to the use;

(j) To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance including, but not limited to, participation in the sale and purchase of bonds;

(k) To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by the district;

(l) To do all acts necessary, proper or convenient in the exercise of the powers granted under this chapter;

(m) To contract with the United States of America, or any agency of the United States of America, the State of Mississippi, or any political subdivision of the State of Mississippi, or any agency, commission, authority, board or other entity thereof, or any municipality or municipalities, for any purpose under this chapter; and

(n) To contract with any person, partnership, corporation or other entity for the planning, design, construction, operation, maintenance or improvement of any project of the district, upon any terms, conditions and covenants as may be agreed upon by the contracting parties.

(2) Any district created under this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which the district is created. No enumeration of powers in this section shall be construed to impair or limit any general grant of power contained in this section nor to limit any grant to a power or powers of the same class or classes as those enumerated.
Miss. Code Ann. § 49-17-35 — MS Code / Title 49 / Chapter 15 / Section 17-35
Miss. Code Ann. § 49-17-35
Status: in_force

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such investigations as it deems necessary and may call a special hearing or may schedule such matter for its next regular meeting or hearing day, and after such hearings and with all convenient speed and in any event within thirty (30) days after the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate.
Miss. Code Ann. § 49-17-39 — MS Code / Title 49 / Chapter 13 / Section 17-39
Miss. Code Ann. § 49-17-39
Status: in_force

Information obtained by the commission concerning environmental protection including but not limited to information contained in applications for air emission equipment construction permits and water discharge permits shall be public information and shall be made available upon proper request. Other information obtained by the commission, department or permit board in the administration of Sections 49-17-1 through 49-17-43 concerning trade secrets, including, but not limited to, marketing or financial information, processes, devices, methods of manufacture, or production capabilities or amounts shall be kept confidential, if and only if: (a) a written confidentiality claim is made when the information is supplied; (b) such confidentiality claim allows disclosure of the confidential information to authorized department employees and/or the United States Environmental Protection Agency (EPA); and (c) such confidentiality claim is determined by the commission to be valid. If the confidentiality claim is denied, the information sought to be covered thereby shall not be released or disclosed, except to the Environmental Protection Agency, until the claimant has been notified in writing and afforded an opportunity for a hearing and appeal therefrom, as with other orders of the commission. Disclosure of confidential information by the EPA should be governed by federal law and EPA regulations. Anyone making unauthorized disclosure of information determined to be confidential as herein provided shall be liable in a civil action for damages arising therefrom and shall also be guilty of a misdemeanor punishable as provided by law.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 17 / Section 28-17
Miss. Code Ann. § 49-28-17
Status: in_force

(1) The powers of a district shall be vested in and exercised by a board of commissioners consisting of five (5) members to be appointed by the board of supervisors from a list of at least fifteen (15) candidates submitted by the supervisor in whose district the shoreline and beach preservation district is located. If the shoreline and beach preservation district is located in more than one (1) supervisors district, the supervisors in whose districts the shoreline and beach preservation district is located shall submit a list of at least fifteen (15) candidates mutually agreed upon by such supervisors. The members of the board of commissioners shall be landowners or residents of the district and shall be at least twenty-five (25) years of age and of sound and disposing mind and judgment. Upon their initial appointment, one (1) of the commissioners shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; and one (1) for a term of five (5) years. After expiration of the initial appointments, each commissioner shall be appointed and shall hold office for a term of five (5) years. Any vacancy occurring on the board of commissioners shall be filled by the board of supervisors at any regular meeting of the board of supervisors in the same manner as original appointments are made. The board of supervisors may fill all unexpired terms of any commissioner.

Notwithstanding the appointive authority granted in this section to the board of supervisors, its legal and actual responsibilities, authority and function, subsequent to the creation of a district, shall be specifically limited to the appointive function and responsibilities outlined in Sections 49-28-21 , 49-28-27 and 49-28-29 . The operation, management, abolition or dissolution of a district, and all other matters in connection therewith, shall be vested solely and only in the board of commissioners to the specific exclusion of the board of supervisors, and the abolition, dissolution or termination of a district shall be accomplished only by unanimous resolution of the board of commissioners.

(2) The board of commissioners shall organize by electing one of its members as chairman and another as vice-chairman. The chairman shall preside at all meetings of the board and act as the chief executive officer of the board and of the district. The vice-chairman shall act in the absence or disability of the chairman. The board also shall elect and fix the compensation of a secretary-treasurer who may or may not be a member of the board. The secretary-treasurer shall keep all minutes and records of the board and safely keep all funds of the district. The secretary-treasurer shall execute a bond, payable to the district, in a sum and with security as shall be fixed and approved by the board of commissioners.

(3) Each person appointed as a commissioner, before entering upon the discharge of the duties of the office, shall execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned that the person will faithfully discharge the duties of the office. Each bond shall be approved by and filed with the clerk of the board of supervisors.

(4) Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890 , before the Chancery Clerk of the county in which the district is located, that the person will faithfully discharge the duties of the office of commissioner. The oath shall be filed with the Chancery Clerk and preserved with the official bond.

(5) A majority of the membership of the board of commissioners shall constitute a quorum. Except as otherwise required under this chapter, all official acts of the board of commissioners shall require a majority vote of the quorum.

(6) The board of commissioners may receive per diem compensation, if approved by the board of supervisors, in the same manner provided to officers of state boards, commissions and agencies in Section 25-3-69, Mississippi Code of 1972 . However, the per diem compensation shall not exceed Two Hundred Dollars ($200.00) per month and shall not entitle any member of the board of commissioners to receive or be eligible for any state employee group insurance, retirement or other fringe benefits.
Miss. Code Ann. § 49-7-31.6 — MS Code / Title 49 / Chapter 2 / Section 7-31.6
Miss. Code Ann. § 49-7-31.6
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall establish and regulate special hunts during velvet hunting season, outside of the regular open season on deer. Velvet hunting season shall begin on September 10, and end no later than September 20, and shall be for no less than three (3) consecutive days in length, and for no more than five (5) consecutive days in length, and only hunting with bow and arrow or crossbows shall be allowed during such season. The special season shall be open on private lands and any Wildlife Management Areas as deemed appropriate by the department. Only bucks that meet the antler criteria for the respective deer management unit may be harvested. There shall be mandatory reporting of the harvested animal.

(2) The commission shall establish a special hunting permit for velvet hunting season. Such special hunting permit for velvet hunting season shall be authorized for a time period beginning on September 10, and ending no later than September 20, and shall be valid for no less than three (3) consecutive days in length, and for no more than five (5) consecutive days in length. The commission shall, set the cost of permits.
Miss. Code Ann. § 49-28-49 — MS Code / Title 49 / Chapter 7 / Section 28-49
Miss. Code Ann. § 49-28-49
Status: in_force

If any provisions of this chapter shall be held to be invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Miss. Code Ann. § 49-23-15 — MS Code / Title 49 / Chapter 2 / Section 23-15
Miss. Code Ann. § 49-23-15
Status: in_force

Any sign, display or device lawfully erected which does not conform to Sections 49-23-1 through 49-23-29 shall be required to be removed before the end of the fifth year after it becomes nonconforming.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 8 / Section 28-33
Miss. Code Ann. § 49-28-33
Status: in_force

All special assessments levied under this chapter shall be payable in equal annual installments over a period not to exceed twenty-five (25) years, as determined by the board of commissioners, with interest from the date of the confirmation of the assessment at a rate, to be fixed by the board of commissioners, which will produce sufficient funds for the payment of all or a specified portion of the principal of and interest on the bonds as they mature and accrue and for fees and expenses for a paying agent or trustee, or both for the bonds. The amount to be paid through the special assessments may be limited by the board of commissioners to the amounts needed for the purposes specified in this section. Any property owner who shall not have taken an appeal from the assessment, upon failure to pay the assessment in full within thirty (30) days from the date of confirmation, shall be deemed to have elected to pay the assessment in installments as provided in this section, and shall be deemed to have admitted the legality of the assessment, and the right to contest the validity of the assessment shall be waived. The installments of the assessment shall be due and payable at the same time that the annual real property tax becomes due and payable, commencing with the first county tax levy which is payable after the expiration of thirty (30) days from the date of confirmation of the assessment.
Miss. Code Ann. § 49-27-47 — MS Code / Title 49 / Chapter 7 / Section 27-47
Miss. Code Ann. § 49-27-47
Status: in_force

Such appeal shall have precedence in the order of trial, and the chancellor may order the granting, denial, revocation, suspension or limitation of any permit or may remand to the council for such order.
Miss. Code Ann. § 49-7-31.1 — MS Code / Title 49 / Chapter 1 / Section 7-31.1
Miss. Code Ann. § 49-7-31.1
Status: in_force

(1) When hunting deer during any firearm season on deer, every hunter, whether hunting with a firearm, bow and arrow or any other weapon, must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange or solid unbroken fluorescent pink, except as otherwise provided in this section.

(2) Hunters shall not be required to wear the five hundred (500) square inches of solid unbroken fluorescent orange or solid unbroken fluorescent pink required under subsection (1) of this section when:

(a) Hunting from a deer stand that is elevated twelve (12) feet or more above the ground; or

(b) Hunting in a fully enclosed blind.

(3) A violation of this section is a Class III violation and is punishable as provided in Section 49-7-101 .
Miss. Code Ann. § 49-19-13 — MS Code / Title 49 / Chapter 1 / Section 19-13
Miss. Code Ann. § 49-19-13
Status: in_force

The boards of supervisors of the several counties are hereby authorized, in their discretion, to appropriate and pay to the state forestry commission from the general fund of the county each year a sum of money not exceeding twenty-five per cent of the forest severance tax received by the county the preceding year. Such money so appropriated shall be used by the state forestry commission for forestry work and protection in such county.
Miss. Code Ann. § 49-15-325 — MS Code / Title 49 / Chapter 11 / Section 15-325
Miss. Code Ann. § 49-15-325
Status: in_force

(1) The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153 . The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control.

(2) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a seafood law or regulation, the commission may revoke the applicable license of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first-class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the license of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the applicable license of that person.

(3) A person whose license has been revoked under subsection (2) of this section shall remain revoked until the person can show proof that all obligations of the court have been met.
Miss. Code Ann. § 49-15-34 — MS Code / Title 49 / Chapter 9 / 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. § 49-35-53 — MS Code / Title 49 / Chapter 8 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

(1) If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, which may be imposed with regard to the property, then he shall not be liable to persons other than the United States or the state for contamination or remediation of the NPL property subject to restoration.

(2) The immunity provided under this section applies to the following persons to the same extent as to the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration:

(a) Any person under the direction or control of the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration with regard to the remediation or redevelopment of the NPL property subject to restoration, except that such person shall not be immune from any liability which may result from remediating or cleaning the NPL property subject to restoration when he remediates or cleans the property improperly or insufficiently or without complying with any order, rule or regulation of the United States Environmental Protection Agency or Department of Environmental Quality or any state or federal law pertaining to the environment;

(b) Any future owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration;

(c) Any person who develops, redevelops or lawfully occupies the NPL property subject to restoration;

(d) Any lender or fiduciary that provided financing for remediation or redevelopment of the NPL property subject to restoration; and

(e) Any successor or assign of a person to whom the immunity granted under this section applies.

(3) The immunity provided under this section shall be void if a person to whom it is granted fails to comply with any order, rule or regulation of the United States Environmental Protection Agency or the Department of Environmental Quality pertaining to the NPL property subject to restoration, or any state or federal law pertaining to the environment.

(4) This section shall not create a defense against the imposition of criminal, civil or administrative penalties for violations of law on the part of the person to whom the immunity is provided. Further, this section shall not affect the right of any person alleged to have suffered damages in connection with the NPL property subject to restoration to seek relief against a person other than those described in this section as protected by the immunity.

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 1 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

For the purposes of Sections 49-17-81 through 49-17-89 , the following words and phrases shall have the meaning ascribed in this section:

(a) “Administrator” means the Administrator of the United States Environmental Protection Agency.

(b) “Commission” means the Mississippi Commission on Environmental Quality.

(c) “Department” means the Mississippi Department of Environmental Quality.

(d) “Emergency fund” means the “Water Pollution Control Emergency Loan Fund” created under Section 49-17-86 .

(e) “Loan agreement” means an agreement by and among the commission, a political subdivision and the State Tax Commission to evidence the terms and provisions of a loan under Sections 49-17-81 through 49-17-89 .

(f) “Loan fund” means the Water Pollution Abatement Loan Fund created pursuant to Section 49-17-61 .

(g) “Municipal security” means a bond, note or other evidence of indebtedness issued by a political subdivision to evidence a loan pursuant to the provisions of Sections 49-17-81 through 49-17-89 .

(h) “Political subdivision” means any county, municipality, utility, district, political subdivision, or other governmental unit created under state law.

(i) “Project” means a publicly owned wastewater collection, treatment or disposal system including sludge disposal, renovation, repair and upgrading of existing systems, nonpoint source pollution control management programs and estuary conservation and management programs, and otherwise qualified under rules of the commission pursuant to the federal Water Quality Act of 1987.

(j) “Revolving fund” means the Mississippi Water Pollution Control Revolving Fund created under Section 49-17-85 .

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-17-516 — MS Code / Title 49 / Chapter 8 / Section 17-516
Miss. Code Ann. § 49-17-516
Status: in_force

(1) After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint renovator certificate to direct a lead-based paint renovation activity and/or conduct testing to determine the presence of lead-based paint on components affected by renovation activities.

(2) To qualify for a lead-based paint renovator certificate, an applicant shall:

(a) Have a high school diploma or its equivalent and one (1) year of experience as a lead-based paint abatement or renovation worker or two (2) years of experience in a related field, as determined by the commission or in the building trades;

(b) Satisfactorily complete an accredited training program for lead-based paint renovators; or

(c) Have successfully completed an accredited abatement worker or supervisor course, or have successfully completed an EPA, HUD or EPA/HUD model renovation training course and have taken an accredited refresher renovator training course; and

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-19-223 — MS Code / Title 49 / Chapter 6 / Section 19-223
Miss. Code Ann. § 49-19-223
Status: in_force

(1) Any eligible owner who wishes to receive cost-share assistance shall file an application with the commission stating the practice to be implemented, the approximate cost of such practice and a description of the land or lands upon which the practice is to be implemented. The application shall be accompanied by a statement of intent stating (a) that the owner intends to utilize the cost-share assistance for long range timber growing and improvement, (b) that the owner is not receiving or using federal funds for implementation of any approved practice on the same acre of land or lands described in the application, and (c) that the owner if an owner in joint tenancy or tenancy in common or if a member of a group or association owning the lands, has no knowledge of any application which has been filed for cost-share assistance to be used on the lands described in the application.

(2) The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.
Miss. Code Ann. § 49-27-43 — MS Code / Title 49 / Chapter 4 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-15-71 — MS Code / Title 49 / Chapter 1 / Section 15-71
Miss. Code Ann. § 49-15-71
Status: in_force

(1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.

(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

(4) For the purposes of this section, the term “redfish” means red drum or sciaenops ocellatus.
Miss. Code Ann. § 49-7-23 — MS Code / Title 49 / Chapter 6 / Section 7-23
Miss. Code Ann. § 49-7-23
Status: in_force

The executive director may designate constables as deputy conservation officers, and constables so designated may be permitted to sell hunting and fishing licenses and may retain the fee provided in Section 49-7-17 for issuing each such license.
Miss. Code Ann. § 49-25-11 — MS Code / Title 49 / Chapter 13 / Section 25-11
Miss. Code Ann. § 49-25-11
Status: in_force

The State Highway Commission shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this chapter.
Miss. Code Ann. § 49-7-151 — MS Code / Title 49 / Chapter 1 / Section 7-151
Miss. Code Ann. § 49-7-151
Status: in_force

Recognizing the inestimable importance to the state and its citizens of conserving the wildlife resources of Mississippi and recognizing the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the Legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund.
Miss. Code Ann. § 49-25-19 — MS Code / Title 49 / Chapter 19 / Section 25-19
Miss. Code Ann. § 49-25-19
Status: in_force

Nothing in this chapter shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of this chapter.
Miss. Code Ann. § 49-35-53 — MS Code / Title 49 / Chapter 33 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

(1) If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, which may be imposed with regard to the property, then he shall not be liable to persons other than the United States or the state for contamination or remediation of the NPL property subject to restoration.

(2) The immunity provided under this section applies to the following persons to the same extent as to the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration:

(a) Any person under the direction or control of the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration with regard to the remediation or redevelopment of the NPL property subject to restoration, except that such person shall not be immune from any liability which may result from remediating or cleaning the NPL property subject to restoration when he remediates or cleans the property improperly or insufficiently or without complying with any order, rule or regulation of the United States Environmental Protection Agency or Department of Environmental Quality or any state or federal law pertaining to the environment;

(b) Any future owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration;

(c) Any person who develops, redevelops or lawfully occupies the NPL property subject to restoration;

(d) Any lender or fiduciary that provided financing for remediation or redevelopment of the NPL property subject to restoration; and

(e) Any successor or assign of a person to whom the immunity granted under this section applies.

(3) The immunity provided under this section shall be void if a person to whom it is granted fails to comply with any order, rule or regulation of the United States Environmental Protection Agency or the Department of Environmental Quality pertaining to the NPL property subject to restoration, or any state or federal law pertaining to the environment.

(4) This section shall not create a defense against the imposition of criminal, civil or administrative penalties for violations of law on the part of the person to whom the immunity is provided. Further, this section shall not affect the right of any person alleged to have suffered damages in connection with the NPL property subject to restoration to seek relief against a person other than those described in this section as protected by the immunity.

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-15-401 — MS Code / Title 49 / Chapter 7 / Section 15-401
Miss. Code Ann. § 49-15-401
Status: in_force

It is the purpose of this article to establish an administrative hearing procedure for the Mississippi Department of Marine Resources to enforce the rules and regulations set forth in Title 22 of the Administrative Code and Sections 49-15-1 through 49-15-321 , 49-27-1 through 49-27-71 , 59-21-111 , and such other statutes within the jurisdiction of the Department of Marine Resources. Unless specifically authorized, the department shall not seek both administrative and criminal penalties against violators of the statutes referred to herein for the same offense, except as provided in Section 49-15-63 .
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 3 / Section 15-61
Miss. Code Ann. § 49-15-61
Status: in_force

The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
Miss. Code Ann. § 49-7-17 — MS Code / Title 49 / Chapter 2 / Section 7-17
Miss. Code Ann. § 49-7-17
Status: in_force

(1) The department may provide for the appointment of persons as license agents to sell license certificates for hunting, trapping or fishing as authorized under Section 49-7-21 .

The department may, by administrative rule, establish qualifications, standards and regulations for such license agents.

(2) Each license agent shall be required to be covered under a surety bond. The department may establish, by administrative rule, the procedures for the bonding of its license agents, which procedures may include the implementation of a blanket bonding system. All premiums for surety bonds required under this section shall be at the expense of the license agents.

(3) Any officer or person authorized to issue any hunting or fishing license or permit or any combination game and fish license under the laws of this state shall have the power and authority to collect and retain for the issuance of such license the sum of One Dollar ($1.00), in addition to the license fee provided by law, when such license or permit is sold to a resident of this state. The Commission on Wildlife, Fisheries and Parks is authorized, in its discretion, to contract with license agents for services rendered for an additional amount, not to exceed One Dollar ($1.00), in addition to the license fee provided by law.

(4) The Commission on Wildlife, Fisheries and Parks is authorized to establish, set and collect an additional fee for any license sold that will recoup the department's cost of issuing the license, conducting any electronic transaction therefor, and generally recovering the department's administrative costs of selling licenses and maintaining the electronic databases of those sales.
Miss. Code Ann. § 49-15-305 — MS Code / Title 49 / Chapter 11 / Section 15-305
Miss. Code Ann. § 49-15-305
Status: in_force

(1) The Governor shall appoint the Executive Director of the Department of Marine Resources, with the advice and consent of the Senate, who shall serve at the will and pleasure of the Governor. The executive director shall be knowledgeable and experienced in marine resources management.

(2) The executive director of the department shall have the following powers and duties:

(a) To supervise and direct all administrative, inspection and technical activities and personnel of the department;

(b) To employ qualified professional personnel in the subject matter or fields, and any other technical and clerical staff as may be required for the operation of the department;

(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;

(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at any other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;

(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for the purposes by the Legislature; and

(f) To carry out all regulations and rules adopted by the department and enforce all licenses and permits issued by the department.
Miss. Code Ann. § 49-15-16 — MS Code / Title 49 / Chapter 13 / 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. § 49-28-29 — MS Code / Title 49 / Chapter 21 / Section 28-29
Miss. Code Ann. § 49-28-29
Status: in_force

In addition to the sources of funding provided for in Sections 49-28-1 through 49-28-27 , the board of commissioners, if approved by the board of supervisors in the resolution creating the district, may levy and collect special assessments on certain property located in the district to provide funds for the purposes for which bonds may be issued under Sections 49-28-23 and 49-28-25 . The board of commissioners may pledge the receipts from the special assessments to secure the payment of the principal of, premium, if any, and interest on any bonds authorized to be issued under this chapter. Special assessments may be levied on the property within the boundaries of the district at the time the special assessments are levied. Any special assessments authorized under this section shall be levied and collected in the manner provided in Chapter 41, Title 21, Mississippi Code of 1972 . The board may secure bonds of the district solely from the receipts of special assessments, or may pledge such receipts in addition to the pledge of receipts from any tax levy authorized in this chapter, or from any combination of monies from the special assessments and tax levies. Bonds issued under Section 49-28-23 or Section 49-28-25 shall be payable as to principal, premium, if any, and interest solely from the sources authorized in this chapter.
Miss. Code Ann. § 49-15-409 — MS Code / Title 49 / Chapter 9 / Section 15-409
Miss. Code Ann. § 49-15-409
Status: in_force

The department shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and the authorities outlined in Section 49-15-401 . The department may adopt rules and regulations to implement the provisions of this article.
Miss. Code Ann. § 49-19-33 — MS Code / Title 49 / Chapter 13 / Section 19-33
Miss. Code Ann. § 49-19-33
Status: in_force

The Southern Regional Fire Training Center Building located in Pearl, Mississippi, shall be renamed the Richard (Dick) Allen Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Richard (Dick) Allen Building which states the background, accomplishments and service to Mississippi of Richard Allen as Executive Director of the State Forestry Commission.
Miss. Code Ann. § 49-7-140 — MS Code / Title 49 / Chapter 5 / Section 7-140
Miss. Code Ann. § 49-7-140
Status: in_force

(1) No person may import into the state or release into the wild, any live feral hog, wild swine or Russian Boar.

(2) No person may transport on public roads or off of the property of record where captured or relocate within the state any live feral hog, wild swine or Russian Boar.

(3) For the purposes of this section, “ feral hogs, wild swine or Russian Boar ” are defined as any hog that is not a domesticated pet or livestock.

(4) A violation of this section is a Class I violation punishable as provided in Section 49-7-141 .

(5) Nothing in this section shall be construed to prohibit the lawful transport of domestic swine for customary and ordinary purposes of intrastate or interstate commerce, or agricultural practices.
Miss. Code Ann. § 49-17-415 — MS Code / Title 49 / Chapter 17 / Section 17-415
Miss. Code Ann. § 49-17-415
Status: in_force

For the purposes of identifying the source of known or suspected pollution, developing or assisting in the development of any regulation, conducting any study, taking corrective action or enforcing the provisions of Sections 49-17-401 through 49-17-433 , any owner or operator of an underground storage tank shall, upon the request of any duly authorized representative of the commission: furnish information relating to such tanks, including tank equipment and contents; conduct monitoring or testing; and permit the designated representative at all reasonable times to have access to and to copy all records relating to such tanks. For the purposes of identifying the source of known or suspected pollution, developing or assisting in the development of any regulation, conducting any study, or enforcing the provisions of Sections 49-17-401 et seq. , any duly authorized representatives of the commission are authorized:

(a) To enter at reasonable times any establishment or place where an underground storage tank is located;

(b) To inspect and obtain samples from any person of any regulated substances contained in such tank; and

(c) To conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface water or groundwater.
Miss. Code Ann. § 49-19-149 — MS Code / Title 49 / Chapter 19 / Section 19-149
Miss. Code Ann. § 49-19-149
Status: in_force

Among the other rights and powers conferred by Sections 49-19-141 to 49-19-149 , but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefore under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Miss. Code Ann. § 49-7-133 — MS Code / Title 49 / Chapter 1 / Section 7-133
Miss. Code Ann. § 49-7-133
Status: in_force

The commission may negotiate with the Louisiana Conservation Commission and the Arkansas Game and Fish Commission to effectuate a reciprocity agreement with one or both of these commissions providing that the hunting and fishing licenses and the rules and regulations governing hunting and fishing shall be acceptable and recognized by the game and fish commissions or the conservation commission of each of the states participating in the reciprocity agreement, when hunters or fishermen hold a current license issued by the state game and fish commissions or the conservation commission of the state in which he is domiciled, when fishing in the Mississippi River or in bodies of water between the Mississippi River and the levee nearest the river, in places where there is a levee; and in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee; and when hunting waterfowl and other migratory species in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee.

For all counties lying wholly or partially within the Mississippi levee district, and bordering upon the Mississippi River, and having a population of more than five thousand (5,000) according to the 1950 census, the commission is authorized to effectuate a reciprocity agreement, with the Game and Fish Commissions of Arkansas and Louisiana, and/or with the Game and Fish Commissions of the Counties of Desha and Chicot in the State of Arkansas, which shall permit hunting waterfowl and other migratory species, deer, squirrels, turkeys, quail and rabbits in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs and in places where there is no levee.
Miss. Code Ann. § 49-19-37 — MS Code / Title 49 / Chapter 5 / Section 19-37
Miss. Code Ann. § 49-19-37
Status: in_force

(1) Bioenergy produced from biomass is considered renewable and carbon neutral. When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(2) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.
Miss. Code Ann. § 49-17-77 — MS Code / Title 49 / Chapter 9 / Section 17-77
Miss. Code Ann. § 49-17-77
Status: in_force

The three (3) commissioners from the State of Mississippi shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein and Sections 49-17-71 through 49-17-77 shall be entitled to a liberal interpretation in order to carry out the spirit and intent of the aforesaid compact.
Miss. Code Ann. § 49-33-13 — MS Code / Title 49 / Chapter 2 / Section 33-13
Miss. Code Ann. § 49-33-13
Status: in_force

This chapter shall not affect any right or remedy granted an owner under the United States or Mississippi Constitutions or the laws of the United States and the State of Mississippi. Nothing in this chapter shall be construed to preclude an owner from bringing a legal challenge and seeking remedies at law or equity arising out of any action of the State of Mississippi regardless of whether the action constituted a taking, an inverse condemnation, or resulted in a diminution in value of forty percent (40%) or less.
Miss. Code Ann. § 49-15-83 — MS Code / Title 49 / Chapter 2 / Section 15-83
Miss. Code Ann. § 49-15-83
Status: in_force

Nothing in Sections 49-15-71 through 49-15-81 shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
Miss. Code Ann. § 49-35-53 — MS Code / Title 49 / Chapter 11 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

(1) If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, which may be imposed with regard to the property, then he shall not be liable to persons other than the United States or the state for contamination or remediation of the NPL property subject to restoration.

(2) The immunity provided under this section applies to the following persons to the same extent as to the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration:

(a) Any person under the direction or control of the bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration with regard to the remediation or redevelopment of the NPL property subject to restoration, except that such person shall not be immune from any liability which may result from remediating or cleaning the NPL property subject to restoration when he remediates or cleans the property improperly or insufficiently or without complying with any order, rule or regulation of the United States Environmental Protection Agency or Department of Environmental Quality or any state or federal law pertaining to the environment;

(b) Any future owner, other than any person or entity who caused the contamination, of the NPL property subject to restoration;

(c) Any person who develops, redevelops or lawfully occupies the NPL property subject to restoration;

(d) Any lender or fiduciary that provided financing for remediation or redevelopment of the NPL property subject to restoration; and

(e) Any successor or assign of a person to whom the immunity granted under this section applies.

(3) The immunity provided under this section shall be void if a person to whom it is granted fails to comply with any order, rule or regulation of the United States Environmental Protection Agency or the Department of Environmental Quality pertaining to the NPL property subject to restoration, or any state or federal law pertaining to the environment.

(4) This section shall not create a defense against the imposition of criminal, civil or administrative penalties for violations of law on the part of the person to whom the immunity is provided. Further, this section shall not affect the right of any person alleged to have suffered damages in connection with the NPL property subject to restoration to seek relief against a person other than those described in this section as protected by the immunity.

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-8-15 — MS Code / Title 49 / Chapter 8 / Section 8-15
Miss. Code Ann. § 49-8-15
Status: in_force

A violation of this chapter is a Class I violation and is punishable as provided in Section 49-7-141, Mississippi Code of 1972 .
Miss. Code Ann. § 49-31-7 — MS Code / Title 49 / Chapter 3 / Section 31-7
Miss. Code Ann. § 49-31-7
Status: in_force

The purposes of this chapter are:

(a) To establish state policy with regard to the role of pollution prevention and recycling in waste management;

(b) To promote pollution prevention, reuse and recycling of waste in lieu of treatment or disposal of waste;

(c) To require all state agencies to aid and promote the development of recycling through the establishment of recycling programs;

(d) To require all state agencies to aid and promote the development of recycling through the establishment of policies for the procurement of goods containing recycled materials;

(e) To establish statewide pollution prevention and waste reduction goals;

(f) To provide for the creation and administration of the Mississippi Multimedia Pollution Prevention Program;

(g) To promote pollution prevention through the requirement of educational curricula for primary and secondary schools;

(h) To foster the education of the general public and the training of waste management professionals to reduce the production of waste, to prevent pollution and to encourage recycling;

(i) To establish and maintain a cooperative state program of planning and technical and financial assistance for the use of pollution prevention and recycling in waste management;

(j) To mandate waste minimization planning by certain generators and facility operators for the reduction of waste;

(k) To encourage the development of pollution prevention and recycling programs as a means of managing waste and conserving resources through planning, grants, technical assistance and other incentives;

(l) To encourage local governments to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use and to protect capacity at waste management facilities;

(m) To further the development of the state's recycling industry by promoting the successful development of markets for recycled items; and

(n) To provide for the funding of the Mississippi Multimedia Pollution Prevention Program through the establishment of a pollution prevention fee.
Miss. Code Ann. § 49-23-29 — MS Code / Title 49 / Chapter 9 / Section 23-29
Miss. Code Ann. § 49-23-29
Status: in_force

Federal funds appropriated to carry out the provisions of Sections 49-23-1 through 49-23-29 are to be apportioned to the commissioners' districts in the same manner as said federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners' districts proportionately.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 28 / Section 28-3
Miss. Code Ann. § 49-28-3
Status: in_force

A petition for the incorporation of a shoreline and beach preservation district may be submitted to the board of supervisors of a county, referred to in this chapter as “board of supervisors,” signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the creation of the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district, which shall not include any property used for industrial purposes, unless the owner of that property submits a written request to the board of supervisors to be included in the district; (d) an estimate of the cost of special improvement projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 49-28-27 ; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 49-28-29 . The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition stating that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district.