Miss. Code Ann. § 49-31-25 — MS Code / Title 49 / Chapter 18 / 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. § 49-28-31 — MS Code / Title 49 / Chapter 21 / Section 28-31
Miss. Code Ann. § 49-28-31
Status: in_force

Any bonds secured by a pledge of the special assessments shall mature at any time or times, not exceeding twenty-five (25) years from the date of the bonds, and may be in fully registered form or in bearer form, as determined by the board of commissioners.
Miss. Code Ann. § 49-5-77 — MS Code / Title 49 / Chapter 3 / Section 5-77
Miss. Code Ann. § 49-5-77
Status: in_force

(1) The commission is hereby empowered and authorized to establish a fund to be known as the Wildlife Heritage Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund.

(2) The commission is empowered and authorized, in addition to such sums as may be appropriated from time to time by the Legislature, to accept from any person, firm, corporation or agency of government, national, state or local any gifts or devise, lands, money for the purpose of acquiring by lease, or purchase any area for hunting or fishing use, outdoor recreation, or for the preservation of any species of wildlife or fish. Such lands and waters as are acquired under the provisions of Sections 49-5-61 through 49-5-85 and Section 49-5-78 shall be under the administration and control of the commission until a proper plan shall be developed for the land or water. The commission shall enter into an agreement with an appropriate agency in the executive branch to develop a plan for the land or water. After the plan is developed, the land or water shall be transferred to the administration and control of the department or other appropriate agency in the executive branch to be managed by the agency according to the plan.

(3) The commission is authorized and empowered to accept and earmark for any purpose, not inconsistent with the provisions of Sections 49-5-61 through 49-5-85 , any gift or devise, lands or money from any person, firm, corporation or governmental unit on such terms and conditions as the donor may designate.
Miss. Code Ann. § 49-25-9 — MS Code / Title 49 / Chapter 1 / Section 25-9
Miss. Code Ann. § 49-25-9
Status: in_force

Any junkyard lawfully in existence on June 16, 1966, which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, by the state highway commission at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main-traveled way of such highways.
Miss. Code Ann. § 49-17-31 — MS Code / Title 49 / Chapter 5 / Section 17-31
Miss. Code Ann. § 49-17-31
Status: in_force

(a) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of Sections 49-17-1 through 49-17-43 or Sections 17-17-1 through 17-17-47 or a regulation or of any order of the commission or of any limitation or condition of a valid permit has occurred, the commission may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions of said sections or regulation or order or permit alleged to be violated and the facts alleged to constitute a violation thereof, and shall require that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges complained of. Said time of appearance before the commission shall be not less than ten (10) days from the date of the service of the complaint.

(b) The commission shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the complaint. On the basis of the evidence produced at the hearing, the commission shall make findings of fact and conclusions of law and enter such order as in its opinion will best further the purposes of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47 , and shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing or made written request for notice of the order, and the commission may assess such penalties as hereinafter provided.

(c) Except as otherwise expressly provided, any notice, or other instrument issued by or under authority of the commission may be served on any person affected thereby personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the commission; or such service may be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at his last known post-office address as shown by the files or records of the commission, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the commission.
Miss. Code Ann. § 49-15-203 — MS Code / Title 49 / Chapter 15 / Section 15-203
Miss. Code Ann. § 49-15-203
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , an owner of property that has been seized pursuant to Section 49-15-21 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 Department of Marine Resources 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 Department of Marine Resources, 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 Department of Marine Resources or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lien holder, 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 Department of Marine Resources or the local law enforcement agency.
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 13 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-15-97 — MS Code / Title 49 / Chapter 13 / Section 15-97
Miss. Code Ann. § 49-15-97
Status: in_force

(1) It shall be unlawful for any commercial fisherman, firm or corporation to operate a vessel during the hours of sunset to sunrise when the season or time for such fishing is closed or in an area that is closed to fishing without using or displaying lights which comply with all federal regulations applicable to that vessel operated by the fisherman, firm or corporation.

(2) For the purpose of this section, the term “commercial fisherman” shall mean a commercially licensed boat, commercially licensed fisherman or any person in possession of commercial fishing gear who would be subject to regulation under this chapter.

(3) Any person, firm or corporation that violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Two Hundred Fifty Dollars ($250.00) or more than Five Hundred Dollars ($500.00) for the first offense; and not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) for the second offense when the second offense is committed within a period of three (3) years after the date on which the first offense was committed; and not less than Two Thousand Dollars ($2,000.00) or more than Four Thousand Dollars ($4,000.00) or imprisonment in the county jail for a period of not more than thirty (30) days for a third or subsequent offense when that offense is committed within a period of three (3) years after the date on which the first offense was committed.

Any fine or sentence, or both, imposed upon a person for a second, third or subsequent offense under this section shall not be suspended or reduced.
Miss. Code Ann. § 49-27-6 — MS Code / Title 49 / Chapter 26 / 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. § 49-17-69 — MS Code / Title 49 / Chapter 4 / Section 17-69
Miss. Code Ann. § 49-17-69
Status: in_force

(1) Any political subdivision desiring to construct a waste disposal plant approved by the Office of Pollution Control of the Department of Environmental Quality and which receives a loan from the state for that purpose but which is not eligible to pledge for repayment under the provisions of Sections 49-17-65 and 49-17-67 , shall repay the loan by making payments each month to the State Treasurer through the Department of Environmental Quality according to the provisions of Section 7-7-15 , to be credited to the appropriate fund in lieu of pledging sales tax reimbursements.

(2) The repayment shall be according to a schedule prepared by the State Tax Commission in the same manner as such schedules are prepared for the state's other political subdivisions. The repayment schedule shall provide for monthly payments, the largest of which shall not exceed the average monthly payment for the term of years of the contract by more than fifteen percent (15%). The repayment schedule shall provide for the repayment of all funds received within no more than twenty (20) years from the date the loan is actually received by the political subdivision; however, the repayment schedule and the time for repayment of all funds received on loans renegotiated under Section 49-17-61(6) shall be modified by the State Tax Commission to conform with the terms of the renegotiated loan. The political subdivision shall remit its monthly payment by the twentieth of the month to the Department of Environmental Quality and the payments shall be made prior to the payments of principal or interest on any bonds issued by the political subdivision in connection with the project or projects to which the pollution abatement loans are made.

(3) The State Auditor shall annually audit the receipts and expenditures of each district whose monthly payments are to be received by him, and if he should find such political subdivision in arrears for two (2) consecutive years, he shall immediately begin withholding from funds due the taxing district in which the political subdivision is located, under the provisions of Section 27-33-41(g) and (h) , an amount equal to twelve (12) times the largest monthly payment due and issue his warrant for such amount to either one (1) of the two (2) special funds as directed below.

(4) The repayment schedule provided for in this section shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.

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

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

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

(8) Funds on deposit in the loan fund may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 15 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

(1)(a) If the department and a brownfield party reach a proposed agreement, then at least thirty (30) days before the date that the commission considers the proposed brownfield agreement under Section 49-35-11 , the department shall publish a public notice in a newspaper of general circulation in the county or counties in which the brownfield agreement site is located. The public notice shall (i) describe the proposed brownfield agreement, including the proposed brownfield agreement site; (ii) request public comment on the proposed agreement within thirty (30) days after the date of publication of the notice; and (iii) provide the date and location of the commission's consideration of the proposed brownfield agreement. A copy of the proposed brownfield agreement shall be filed for public inspection in the county courthouse of the county or counties in which the proposed brownfield agreement site is located.

(b) The commission shall notify in writing the governing authority of the local government in which the proposed site is located.

(c) At the time of publication of the public notice under paragraph (a) of this subsection, an applicant brownfield party shall notify by certified mail, each record owner of property contiguous to the brownfield agreement site identified by the brownfield party after examination of the land records of the county or counties in which the brownfield agreement site is located at the address contained in the county records, if available. No brownfield agreement shall be declared invalid based on failure of any person to receive notice under this subsection.

(d) The commission may by regulation require additional public notice.

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-33-1 — MS Code / Title 49 / Chapter 33 / Section 33-1
Miss. Code Ann. § 49-33-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Agricultural and Forestry Activity Act.”
Miss. Code Ann. § 49-19-177 — MS Code / Title 49 / Chapter 4 / Section 19-177
Miss. Code Ann. § 49-19-177
Status: in_force

The compact administrator, with the assistance of the advisory committee, 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 49-19-171 through 49-19-179 shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Miss. Code Ann. § 49-7-81 — MS Code / Title 49 / Chapter 1 / Section 7-81
Miss. Code Ann. § 49-7-81
Status: in_force

(1) It is unlawful to take or kill game fish in any manner other than by hook and line with one or more hooks, or by use of a trot or troll line. Dip or landing nets may be used when landing a fish caught by hook and line, trot or troll lines. Shad and minnows may only be taken as bait with the aid of a dip or landing net, cast nets, boat-mounted scoops and wire baskets by residents for personal use in sportfishing. However, in private ponds or borrow pits or overflow ponds which go dry in summer and cut off from the regular streams, dip nets may be used for capturing or rescuing game fish. It is unlawful to kill or take fish of any species at any time or anywhere by mudding, or by the use of lime, poison, dynamite, India berries, weeds and walnuts, giant powder, gunpowder, or any other explosive, and no nongame gross fish shall be taken by the use of nets, seines or traps for personal use without a commercial fishing license. It is unlawful to set any freshwater commercial fishing equipment so that it extends more than halfway across the width of any stream, channel, drain or other body of water, and if commercial fishing equipment is placed in water, each piece of equipment shall be placed at least one hundred (100) yards apart. The commission shall have the authority to fix the minimum size mesh for use in barrel nets, hoop nets and seines for use in the freshwaters of this state regulated by the Commission on Wildlife, Fisheries and Parks. This authority given the commission shall not be extended to the regulation of mesh size for use in marine waters. Notwithstanding anything in this or any other section to the contrary, any person in Mississippi fishing with barrel nets, hoop nets or seines in any waters of common boundary between Mississippi and another state may use a mesh size in such nets which is the same as the mesh size allowed in the other state, where the other state allows a mesh size in such nets which is smaller than the mesh size otherwise allowable in Mississippi.

(2) It is unlawful for any person to catch or destroy fish by the use of dynamite, gunpowder or other explosive substance.

(3) It is unlawful for any person to use a telephone, battery or any other electrically operated device for the purpose of killing or capturing fish.

(4) It is unlawful for any person to use any chemical of any kind in any stream or any lake where the public fishes for the purpose of killing or taking fish, except that this provision shall not be construed to apply to any owner of any fish pond using such chemical in his own private pond.

(5) It is unlawful for any person to poison any fish by mingling in the water any substance calculated and intended to stupefy or destroy fish.

(6) It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission.

(7) Any hoop net, barrel net, seine, gill net, slat baskets, trammel net or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and shall be subject to forfeiture.

(8) Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section is guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-13-15 — MS Code / Title 49 / Chapter 4 / Section 13-15
Miss. Code Ann. § 49-13-15
Status: in_force

If a package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boardinghouse, or elsewhere, the carcasses must remain in the packages or wrappers used by the licensed quail producer until the quail are being prepared for consumption.
Miss. Code Ann. § 49-31-11 — MS Code / Title 49 / Chapter 19 / Section 31-11
Miss. Code Ann. § 49-31-11
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(iii) To establish and implement waste exchange programs;

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

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

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

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

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

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

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

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

(3) The Commission on Environmental Quality shall coordinate recycling activities among municipalities and local governing authorities and promote pollution prevention, recycling, reuse of wastes, in lieu of treatment and disposal of such wastes.
Miss. Code Ann. § 49-15-201 — MS Code / Title 49 / Chapter 7 / Section 15-201
Miss. Code Ann. § 49-15-201
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , when any property is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly. The seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lien holders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. No property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

(2) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972 . A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Department of Marine Resources or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lien holder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Department of Marine Resources or the local law enforcement agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi, then the Department of Marine Resources or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972 , as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make inquiry as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(7) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Department of Marine Resources or the local law enforcement agency shall cause any record owner and also any lien holder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(9) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Department of Marine Resources or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972 , and shall be served as provided in Section 11-33-37, Mississippi Code of 1972 , for publication of notice for attachments at law.

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 49-15-77 — MS Code / Title 49 / Chapter 13 / Section 15-77
Miss. Code Ann. § 49-15-77
Status: in_force

(1) It is unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission.

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-100(2), Mississippi Code of 1972 .
Miss. Code Ann. § 49-13-13 — MS Code / Title 49 / Chapter 8 / Section 13-13
Miss. Code Ann. § 49-13-13
Status: in_force

When any package containing quail carcasses is to be shipped by rail, express or other carrier, public or private, the packages wherein the quail are contained must comply with the packaging or wrapping requirements set forth in Section 49-13-11 of the Mississippi Commercial Quail Law.
Miss. Code Ann. § 49-17-757 — MS Code / Title 49 / Chapter 1 / Section 17-757
Miss. Code Ann. § 49-17-757
Status: in_force

(1) Refunding bonds . The county authority may, by resolution adopted by its board of directors, issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the board of directors deems to be in the public interest, without an election on the question of the issuance thereof. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the county authority in respect of the same shall be governed by the provisions of this act relating to the issue of bonds other than refunding bonds insofar as the same may be applicable. Any such refunding may be effected, whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations proposed to be refunded thereby, and regardless of whether the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.

(2) Interim notes. Borrowing by the county authority may be made by the delivery of interim notes to any person or public agency or financial institution by a majority vote of the board of directors.
Miss. Code Ann. § 49-7-148 — MS Code / Title 49 / Chapter 1 / Section 7-148
Miss. Code Ann. § 49-7-148
Status: in_force

(1)(a) The department shall provide hunters with disabilities access to hunting areas in public wildlife management areas under its jurisdiction.

(b) The department shall allow the use of a mobility related device for an individual who is permanently physically disabled and meets one or more of the following criteria:

(i) Is paraplegic or hemiplegic;

(ii) Is unable to ambulate and requires a wheelchair, walker, leg braces, prosthesis, canes or crutches for mobility.

(2) The commission shall promulgate rules and regulations for reasonable access and include a definition of “hunters with disabilities” as used in this section.
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 8 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-15-63 — MS Code / Title 49 / Chapter 10 / Section 15-63
Miss. Code Ann. § 49-15-63
Status: in_force

(1)(a) Any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the department, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense.

(b) In addition, upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall be issued to such person and for said boat to engage in catching or taking of any seafoods from the waters of the State of Mississippi for a period of one (1) year following such conviction. Forfeiture of any equipment or nets used in a second or subsequent offense may be instituted pursuant to Sections 49-15-201 through 49-15-207 . 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. Equipment as used in this section shall not mean boats or vessels.

(c) Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for reduction of sentence.

(d) Except as provided under subsection (5) of Section 49-15-45 , any fines collected under this section shall be paid into the Seafood Fund.

(e) In addition to any other penalties, the department may suspend the license of any person convicted of a violation of this chapter and may suspend the license of any vessel used in the violation for a period not to exceed five (5) days for the first offense. For a second offense, the department may suspend the license of such person and vessel for a period not to exceed thirty (30) days.

(f) Upon conviction of five (5) seafood violations within a five-year period, the department may revoke the license of the convicted party and the boat or vessel used in the offenses, and may prohibit indefinitely the issuance of a license to the person and boat or vessel to engage in catching or taking of any seafood from the waters of the State of Mississippi. The department shall exercise this authority in accordance with the administrative procedures in Section 49-15-401 et seq.

(2) For any violation of this chapter, the individual registered as the captain shall be subject to the penalties provided in this chapter, if that individual is aboard the vessel. If that individual is not aboard the vessel, the individual designated as the alternate captain under Section 49-15-46 or substitute captain under Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-46 or Section 49-15-64.5 , the person, firm or corporation owning the vessel shall be subject to the penalties provided for boat captains.

(3) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.
Miss. Code Ann. § 49-15-36 — MS Code / Title 49 / Chapter 2 / Section 15-36
Miss. Code Ann. § 49-15-36
Status: in_force

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

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

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

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

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

(5) The department shall establish a reasonable period of time for depuration of oysters replanted from restricted waters. That period of time shall be consistent with the maintenance of the public health and may vary from time to time and from one reef to another in accordance with environmental conditions.
Miss. Code Ann. § 49-17-603 — MS Code / Title 49 / Chapter 8 / Section 17-603
Miss. Code Ann. § 49-17-603
Status: in_force

(1) The definitions used in this section are expressly limited to this section only, and the inclusion of indoor air in the definition of “ waste ” does not expand the jurisdiction of the Commission on Environmental Quality or the Department of Environmental Quality to include the regulation of indoor air:

(a) “ By-product ” means a substance produced without a separate intent during the manufacture, processing, use or disposal of another substance or mixture; and

(b) “ Waste ” means all liquid, gaseous, solid, radioactive or other substances that may pollute or tend to pollute any waters of the state or soil within the state, and any particulate matter, dust, fumes, gas, mist, smoke or vapor, or any combination thereof, that may pollute or tend to pollute air in the state, including indoor air.

(2) The generation of waste in any quantity by any person caused by the mixing, combining, processing or cooking together of two (2) or more precursor drugs or chemicals listed in Section 41-29-313 is unlawful unless:

(a) The person has first obtained a generator identification number pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or

(b) The person has first obtained a treatment, storage or disposal permit pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or

(c) The process that generated the waste also, as part of the same process:

(i) Created a product that is not illegal to possess pursuant to Section 41-29-139(c) ;

(ii) Created a by-product that is not illegal to possess pursuant to Section 41-29-139(c) , while not at the same time producing a controlled substance; or

(iii) Was a process of servicing, maintaining or cleaning an item or product that is not illegal to possess pursuant to Section 41-29-139(c) .

(3) Any person who violates this section, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or may be both fined and imprisoned.

(4) Nothing in this section shall preclude any farmer or manufacturer from storing or using any of the listed precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of farming or manufacturing operations.

(5) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of business.

(6) Except as may be otherwise provided, a property owner or occupant of land shall not be criminally or civilly liable for the generation of waste caused by the criminal acts of persons other than the property owner or occupant of such land if the property owner or occupant did not have prior knowledge of the criminal activity.
Miss. Code Ann. § 49-15-93 — MS Code / Title 49 / Chapter 9 / 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. § 49-23-23 — MS Code / Title 49 / Chapter 7 / Section 23-23
Miss. Code Ann. § 49-23-23
Status: in_force

Nothing in Sections 49-23-1 through 49-23-29 , shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Miss. Code Ann. § 49-35-17 — MS Code / Title 49 / Chapter 28 / Section 35-17
Miss. Code Ann. § 49-35-17
Status: in_force

(1) A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11 .

(2) A notice of brownfield agreement site (a) shall be entitled “Notice of Brownfield Agreement Site”, (b) shall include a survey plat of the brownfield agreement site described in the brownfield agreement that has been prepared and certified by a professional land surveyor, (c) shall include a legal description of the brownfield agreement site, and (d) shall identify the following:

(i) The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;

(ii) The type, location, and quantity of contaminants known to exist on or under the brownfield agreement site;

(iii) All land-use restrictions on the current or future use of the brownfield agreement site. These land-use restrictions may apply to activities on or under the brownfield agreement site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining; and

(iv) All engineering controls included in the brownfield agreement.

(3)(a) Within fifteen (15) days after the brownfield agreement is executed, the brownfield party shall file a certified copy of the brownfield agreement and the notice of the brownfield agreement site in the office of the chancery clerk of the county in which the site is located. The chancery clerk shall record and enter the notice of the brownfield agreement site and the brownfield agreement in the land records in accordance with Section 89-5-33 and collect the fees provided in Section 25-7-9 . Any deed or other instrument conveying an interest in brownfield property shall state in the deed or instrument that the property is brownfield property and subject to a brownfield agreement, unless the notice is canceled under subsection (4) of this section.

(b) If the notice has not been canceled under subsection (4) of this section, the seller of brownfield property shall disclose in the contract for the purchase of the brownfield property that the property is brownfield property and subject to a brownfield agreement.

(4) If a brownfield party remediates a brownfield agreement site to a risk level of unrestricted use, the brownfield party may petition the commission to cancel the notice of brownfield agreement site. If the commission issues an order canceling the notice, the current owner of the brownfield agreement site shall file a statement issued by the executive director in accordance with the commission's order canceling the notice in the office of the chancery clerk in any county in which the brownfield agreement site is located. The executive director's statement shall contain the names of the owners of the brownfield agreement site as shown in the notice of brownfield agreement site and reference the book and page where the notice is recorded. After collecting the proper fee fixed in Section 25-7-9 , the chancery clerk shall record the executive director's statement as provided in subsection (3) of this section. The chancery clerk shall make a marginal entry on the notice of brownfield agreement site showing the date of cancellation and the book and page where the executive director's statement is recorded, and the chancery clerk shall sign the entry.
Miss. Code Ann. § 49-19-209 — MS Code / Title 49 / Chapter 11 / Section 19-209
Miss. Code Ann. § 49-19-209
Status: in_force

The state forester is authorized to employ such professional and clerical assistance as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to compensate such individuals from funds appropriated for such purpose.

The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.
Miss. Code Ann. § 49-28-1 — MS Code / Title 49 / Chapter 15 / Section 28-1
Miss. Code Ann. § 49-28-1
Status: in_force

Except as otherwise provided in this section, any contiguous area situated within any county of the state located along the Mississippi Gulf Coast, and not being situated within the corporate boundaries of any existing municipality, and experiencing shoreline and beach erosion and other related problems, may become incorporated as a shoreline and beach preservation district in the manner set forth in the following sections. The purpose of the district shall be to provide for the planning, design, construction, operation, maintenance and improvement of shoreline and beach improvement projects, including habitat restoration projects. This chapter shall not apply to Harrison County or Hancock County, Mississippi.
Miss. Code Ann. § 49-5-2 — MS Code / Title 49 / Chapter 3 / Section 5-2
Miss. Code Ann. § 49-5-2
Status: in_force

For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires:

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

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

(c) “ Executive director ” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-27-6 — MS Code / Title 49 / Chapter 8 / 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. § 49-23-1 — MS Code / Title 49 / Chapter 1 / Section 23-1
Miss. Code Ann. § 49-23-1
Status: in_force

The Legislature hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to state controlled routes should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. Any advertising device subject to Sections 49-23-1 through 49-23-29 , and found to be in violation thereof, is subject to removal under the state's police power where not contrary to provisions provided herein. It is the intention of the Legislature in such sections to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by Congress in areas adjacent to state controlled routes.
Miss. Code Ann. § 49-15-1 — MS Code / Title 49 / Chapter 15 / Section 15-1
Miss. Code Ann. § 49-15-1
Status: in_force

As a guide to the interpretation and application of this chapter, the public policy of this state shall be to recognize the need for a concerted effort to work toward the protection, propagation and conservation of its seafood and aquatic life in connection with the revitalization of the seafood industry of the State of Mississippi, which is one of the state's major economic resources and affords a livelihood to thousands of its citizens; and in this connection, it is the intent of the Legislature to provide a modern, sound, comprehensive and workable law to be administered by specialists, who are vested with full and ample authority to take such action as may be necessary in order to help protect, conserve and revitalize seafood life in the State of Mississippi; it being at all times remembered that all of the wild aquatic life found in the waters of the State of Mississippi and on the bottoms of such waters, until taken therefrom in the manner hereinafter prescribed, is recognized as the property of the State of Mississippi because of its very nature, as well as because of the great value of the state of the aquatic life for food and other necessary purposes.
Miss. Code Ann. § 49-5-155 — MS Code / Title 49 / Chapter 4 / Section 5-155
Miss. Code Ann. § 49-5-155
Status: in_force

(1) The owner of any natural area may dedicate that area as a natural area preserve by executing with the commission articles of dedication. The articles shall transfer such portion of the owner's estate as agreed upon by the owner and the commission to the commission for the people of Mississippi.

(2) The commission may acquire articles of dedication for consideration or by donation, devise or bequest. The articles of dedication shall be recorded in the office of the chancery clerk of the county in which any or all of the natural area is located before the area shall become a natural area preserve.

(3) The commission may dedicate any property owned by the commission as natural area preserve by filing and recording articles of dedication in the office of the chancery clerk of the county in which any or all of the area is located.

(4) The articles of dedication shall contain:

(a) Provisions for the management, custody and use of the natural area preserve;

(b) Provisions which define the rights and privileges of the owner and the commission or the managing agency, including any rights of the owner related to his eligibility for an income tax credit authorized under Section 27-7-22.22 ; and

(c) Such other provisions as the owner or commission shall deem necessary to discharge the provisions of Sections 49-5-141 through 49-5-157 or to complete the transfer.

(5) The commission shall agree to no articles of dedication which do not provide for the protection, preservation and management of the natural area in a manner consistent with the intent and purposes of Sections 49-5-141 through 49-5-157 .

(6) Any interest in real property owned by the commission in a natural area preserve shall be exempt from all ad valorem taxation levied by the State of Mississippi or any county or municipality or other political subdivision of this state. Any person who shall convey any interest in real property to the commission for the purposes set forth in Sections 49-5-141 through 49-5-157 shall be entitled to have the assessment of such property reduced by the amount of the value of the interest conveyed to the commission. The authorities responsible for determining and making the assessment shall also determine the value of the interest conveyed to the commission. This reduction in the assessment of such property shall terminate when the interest conveyed to the commission terminates.

(7) The commission shall be the agency of the State of Mississippi primarily responsible for acquisition of natural area preserves, but no provision of Sections 49-5-141 through 49-5-157 shall be construed to limit the commission's authority to acquire other property. Any property acquired by the commission or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be dedicated according to this section.

(8) No provisions of Sections 49-5-141 through 49-5-157 shall be construed to limit the authority of any other agency to acquire and dedicate natural areas according to the provisions of Sections 49-5-141 through 49-5-157 .
Miss. Code Ann. § 49-17-1 — MS Code / Title 49 / Chapter 7 / Section 17-1
Miss. Code Ann. § 49-17-1
Status: in_force

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”
Miss. Code Ann. § 49-17-16 — MS Code / Title 49 / Chapter 2 / 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. § 49-27-47 — MS Code / Title 49 / Chapter 19 / 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. § 49-33-13 — MS Code / Title 49 / Chapter 21 / 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. § 49-15-73 — MS Code / Title 49 / Chapter 15 / Section 15-73
Miss. Code Ann. § 49-15-73
Status: in_force

It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section 49-15-71 . Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 . In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 18 / Section 19-31
Miss. Code Ann. § 49-19-31
Status: in_force

(1) There is hereby created a Joint Study Committee on Forestry in Mississippi. The committee shall study and make recommendations, including recommended legislation regarding the Forestry Commission, coordination of forestry policy, the coordination of overlapping conservation practices by state agencies, the seedling shortage and other matters related to the forestry industry.

(2) The committee shall be composed of the following members:

(a) The Chairman of the Senate Forestry Committee, Chairman of the Senate Agriculture Committee, and two (2) members of the forestry committee appointed by the Lieutenant Governor.

(b) The Chairman of the House Agriculture Committee and three (3) members of the agriculture committee appointed by the Speaker of the House of Representatives.

(c) The Chairman of the Senate Forestry Committee and the Chairman of the House Agriculture Committee shall serve as co-chairs of the committee.

(3) The members of the joint committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session and shall obtain the approval of their respective management committees for per diem and travel expense expenditures of the committee.

(4) The committee shall utilize clerical and legal staff employed by the Legislature and may utilize any assistance made available to it by any state agency.

(5) Upon presentation of its final report the committee shall be dissolved.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 2 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-28-39 — MS Code / Title 49 / Chapter 23 / 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. § 49-33-13 — MS Code / Title 49 / Chapter 8 / 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. § 49-23-23 — MS Code / Title 49 / Chapter 8 / Section 23-23
Miss. Code Ann. § 49-23-23
Status: in_force

Nothing in Sections 49-23-1 through 49-23-29 , shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Miss. Code Ann. § 49-2-21 — MS Code / Title 49 / Chapter 2 / Section 2-21
Miss. Code Ann. § 49-2-21
Status: in_force

The Attorney General shall be counsel and attorney for the commission and the Department of Environmental Quality and shall provide such legal services as may be requested from time to time, without cost. The executive director is hereby authorized to employ such legal counsel as may be necessary or appropriate for the operation of the department.
Miss. Code Ann. § 49-17-26 — MS Code / Title 49 / Chapter 8 / Section 17-26
Miss. Code Ann. § 49-17-26
Status: in_force

If the commission determines, after adequate scientific investigation and evaluation, that a chemical as defined in Sections 69-23-3 and 75-47-5(a) in the underground water exceeds or is likely to exceed duly adopted state standards and that the source of the chemical is not within the regulatory jurisdiction of the commission, the commission shall notify the Department of Agriculture and Commerce, which shall proceed in accordance with Section 69-23-7 and other existing laws.
Miss. Code Ann. § 49-25-11 — MS Code / Title 49 / Chapter 15 / 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. § 49-28-31 — MS Code / Title 49 / Chapter 13 / Section 28-31
Miss. Code Ann. § 49-28-31
Status: in_force

Any bonds secured by a pledge of the special assessments shall mature at any time or times, not exceeding twenty-five (25) years from the date of the bonds, and may be in fully registered form or in bearer form, as determined by the board of commissioners.
Miss. Code Ann. § 49-13-23 — MS Code / Title 49 / Chapter 2 / Section 13-23
Miss. Code Ann. § 49-13-23
Status: in_force

Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Multiple violations of this chapter shall be assessed fines near the maximum allowable limits. Also, a person with multiple violations of this chapter may, at the discretion of the commission, have his commercial quail breeder's license suspended by operation of law for a period of one (1) year.
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 6 / Section 27-67
Miss. Code Ann. § 49-27-67
Status: in_force

Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner's property upon proper application being made as otherwise provided by law.
Miss. Code Ann. § 49-19-179 — MS Code / Title 49 / Chapter 1 / Section 19-179
Miss. Code Ann. § 49-19-179
Status: in_force

Among the other rights and powers conferred by Sections 49-19-171 through 49-19-179 , 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 therefor 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. § 49-15-21 — MS Code / Title 49 / Chapter 7 / Section 15-21
Miss. Code Ann. § 49-15-21
Status: in_force

(1) The executive director shall appoint the necessary enforcement officers for the administration of this chapter. The salary of all enforcement officers employed shall be as determined by the State Personnel Board. However, the members of the Enforcement Officers' Reserve Unit created in subsection (4) shall serve without pay, and shall not be employees of the State of Mississippi for purposes of the State Personnel System, the Workers' Compensation Law, the Public Employees' Retirement System or the State Employees Life and Health Insurance Plan.

(2) All enforcement officers shall be experienced and qualified persons thoroughly familiar with the seafood business and shall be at least twenty-one (21) years of age and be a high school graduate or its equivalent. The enforcement officers shall diligently enforce all laws and regulations for the protection, propagation, preservation or conservation of all saltwater aquatic life of the State of Mississippi, and they are hereby constituted peace officers of the State of Mississippi, with full police power and jurisdiction to enforce all laws of the State of Mississippi, inclusive of all federal laws within the jurisdiction of the State of Mississippi and waters and resources under management of the state, and all regulations adopted and promulgated by the department. Enforcement officers may exercise such powers in any county of the State of Mississippi and on any waters of the state, and they are hereby authorized to carry firearms or other weapons, concealed or otherwise, and they shall investigate all persons, corporations and otherwise who are alleged to have violated any laws, and make affidavits, arrests and serve papers of any court of competent jurisdiction, in like manner as is provided for sheriffs and deputy sheriffs, when the same shall be in connection with the enforcement of the seafood laws of the State of Mississippi and such other laws and regulations of this state as the department may designate. The enforcement officers may seize at any time aquatic life caught, taken or transported in a manner contrary to the laws of this state, and may confiscate and dispose of the same. Any net or other paraphernalia used or employed in connection with a violation may be seized, and forfeiture proceedings may be instituted. Enforcement officers may draft the aid of captains, crews and boats or licensed vessels to enforce this chapter and may, without warrant, board and search vessels or vehicles. The application for any license or permit from the department to catch, fish, take, transport or handle or process any form of aquatic life, or the taking, catching, transporting or handling or processing of any and all aquatic life in this state shall constitute acquiescence and agreement upon the part of the owners, captains and crews, employers and dealers to the provisions of this chapter and the agreement that enforcement officers may exercise the authority granted under the provisions hereof.

(3) Prior to entering into performance of their duties or delegations or as soon after appointment as possible, each enforcement officer, at the expense of the department, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or other law enforcement training program approved under Section 45-6-7 . However, members of the Enforcement Officers' Reserve Unit created in subsection (4) of this section may attend the Mississippi Law Enforcement Officers' Training Academy at the expense of the department if it deems the training necessary or desirable. No enforcement officer shall be entitled to payment of salary after the first twelve (12) months in office if he has either failed to attend the academy or has failed to comply with other qualifications or successfully complete any law enforcement qualification examinations as the director deems necessary. The enforcement officers shall, on a periodic basis, be required to attend additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.

(4)(a) There is hereby created an Enforcement Officers' Reserve Unit, hereinafter termed “the reserve,” to assist the enforcement officers in the performance of their duties under this chapter. The reserve shall consist of volunteers who are approved by the Executive Director of the Department of Marine Resources or his designee. The members of the reserve shall serve without pay. Reserve officers shall be in such numbers as determined by the enforcement needs, with the maximum strength of reserve officers limited to the same number as enforcement officers.

(b) To be eligible for membership in the reserve, an applicant must be twenty-one (21) years of age, be a high school graduate or its equivalent, be in good physical condition, have a Mississippi driver's license, be in good standing with the community, be available for training and duty, not be a member of any police, auxiliary police, civil defense, or private security agency, have never been convicted of a felony, and have one (1) of the following:

(i) An honorable discharge or honorable separation certificate from one (1) of the United States military services;

(ii) Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons;

(iii) Successful completion of sixty (60) semester hours at an accredited college or university; or

(iv) The qualifications as are outlined in this section for enforcement officers.

Members of the immediate family of enforcement officers shall not be eligible for the reserve unless a special waiver is granted.

Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as enforcement officers.

(c) The reserve shall be under the leadership and direction of the executive director or his designee. The training of the reserve shall be conducted by an enforcement officer. The reserve shall meet at least once each month for the purpose of training and transacting any business as may come before it. The executive director shall be notified in writing of all meetings of the reserve and the time and place of the meetings shall be recorded with the executive director. The executive director shall prepare a reserve officer's manual with the advice and consent of the department. The manual shall include, but is not limited to, the following: activities and operations, training, administration and duties. During active service, the reserve shall be under the direction of the executive director or his designated representative. When a reserve officer is on active duty and assigned to a specific enforcement officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the executive director and may be dismissed by him. Reserve officers shall furnish their own uniforms and other personal equipment if the executive director does not provide such items.

(d) The executive director may require members of the Enforcement Officers' Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies.

(e) The executive director may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The executive director may develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.

(f) If the executive director determines that a member of the Enforcement Officers' Reserve Unit may attend a training program as authorized under this section, it shall require that reserve officer to sign an agreement, prior to attending a training program, which shall stipulate that if the reserve officer accepts employment from any other public or private law enforcement agency within three (3) years after completion of his training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the department for the total cost of his training program. By October 1 of each year, the department shall provide the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Ports and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.
Miss. Code Ann. § 49-17-19 — MS Code / Title 49 / Chapter 11 / Section 17-19
Miss. Code Ann. § 49-17-19
Status: in_force

In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as to protect the public health and welfare and the present and prospective future use of such air and of such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial and other legitimate uses. Such ambient standards may be amended from time to time as determined to be necessary by the commission. In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may also set emission standards for the purpose of controlling air contamination, air pollution and the sources thereof. In establishing ambient air quality standards for odor, the commission shall adopt recognized objective standards if they exist. In the absence of a recognized objective ambient air quality standard for odor, the commission may adopt such subjective standards as may be appropriate.

In establishing such standards relating to pesticides and commercial fertilizers for underground water, the commission shall adopt federal standards if they exist. If no federal standard exists, the commission shall petition the U.S. Environmental Protection Agency to establish a federal standard for the substance of interest. If the commission determines that a federal standard cannot be obtained within thirty (30) days, it shall consult with the U.S. Environmental Protection Agency's Office of Drinking Water and Office of Pesticide Programs regarding the agency's conclusion relative to available toxicological information on the substance of interest and on the methodology used for establishing a federal standard. The commission shall utilize this information and methodology to establish a standard. The commission may also consult with and request similar information from other sources.
Miss. Code Ann. § 49-7-37 — MS Code / Title 49 / Chapter 6 / Section 7-37
Miss. Code Ann. § 49-7-37
Status: in_force

(1) Any resident of this state licensed to hunt or otherwise take any legal game bird or game animal in this state by or with the use of firearms, may hunt, kill, shoot or otherwise take game animals or game birds by the use of falcons or hawks as may be prescribed by the commission and in compliance with federal guidelines.

(2)(a) The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations.

(b) The commission may declare a special season in any area of the state where the need to collect samples for testing for chronic wasting disease (CWD) is indicated. Special seasons for collecting CWD testing samples may be set within the open season or, if necessary, outside the open season. Lawful weapons for hunting during any special CWD sample collection season shall be consistent with the then-current open season or, if outside the open season, as directed by order of the commission.

(3) The killing by primitive firearms of an antlerless deer or any other deer protected during the regular deer season is prohibited, but the commission may designate areas of the state in which the killing of antlerless deer may be permitted or limited.

(4) The commission may make reasonable rules and regulations concerning the special seasons with falcons and hawks, bow and arrow, primitive firearms, air guns, air bows and pre-charged pneumatic weapons which it deems necessary and proper. The commission shall define the terms “primitive firearm,” “air gun,” “air bow” and “pre-charged pneumatic weapon” for purposes of this section and other law or regulation.

(5) Air guns shall be lawful for hunting small game during the seasons for hunting small game. Air bows and pre-charged pneumatic weapons shall be lawful for hunting large game, except game birds, turkeys and migratory waterfowl. Air bows and pre-charged pneumatic weapons may be used during any open season on deer with primitive weapons after November 30, on private lands only, consistent with the requirements of Section 49-7-31(5)(a) .

(6) The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons.

(7) In addition to a hunting license allowing the taking of deer, any resident desiring to hunt deer with bow and arrow or primitive firearm during primitive weapon or archery season or special hunts established by the commission shall purchase a special resident archery and/or primitive firearms license at a fee of Fourteen Dollars ($14.00) for each license plus the fee provided in Section 49-7-17 .

(8) Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143 .

(9) All seasons provided for herein shall begin on Saturday.
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 15 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 6 / 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. § 49-27-53 — MS Code / Title 49 / Chapter 15 / 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. § 49-27-65 — MS Code / Title 49 / Chapter 1 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

(a) To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.

(b) The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-35-21 — MS Code / Title 49 / Chapter 2 / Section 35-21
Miss. Code Ann. § 49-35-21
Status: in_force

In accordance with Section 49-2-9 , the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusion of brownfield property in a brownfield agreement site, including brownfield property under an existing commission agreement or order; requirements for submission of additional information as part of the application or processing of the application and additional requirements for public notice.
Miss. Code Ann. § 49-17-433 — MS Code / Title 49 / Chapter 7 / Section 17-433
Miss. Code Ann. § 49-17-433
Status: in_force

The provisions of Sections 49-17-401 through 49-17-433 are severable. If any part of Sections 49-17-401 through 49-17-433 is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Miss. Code Ann. § 49-15-315 — MS Code / Title 49 / Chapter 9 / 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. § 49-17-108 — MS Code / Title 49 / Chapter 8 / Section 17-108
Miss. Code Ann. § 49-17-108
Status: in_force

Any bonds issued under authority of Sections 49-17-101 through 49-17-123 , and at any time outstanding, may, at any time and from time to time, be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing board may deem necessary, but not to exceed in the aggregate the sum of (a) the principal amount of the obligations to be refunded, (b) applicable redemption premiums thereon, (c) unpaid interest on such obligations to be refunded to the date of delivery or exchange of the refunding bonds, (d) in the event the proceeds from the sale of the refunding bonds are to be deposited in trust as hereinafter provided, interest to accrue on such obligations to be refunded from the date of delivery of the refunding bonds to the date of maturity of such obligations to be refunded, or to the first redemption date of such obligations to be refunded, whichever shall be earlier, and (e) expenses, premiums and commissions deemed by the governing board to be necessary in connection with the issuance of the refunding bonds.

Any such refunding may be effected whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations to be refunded thereby, provided that the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are, by their terms, subject to redemption, and regardless of whether or not the obligations to be refunded were issued in connection with the same projects or separate projects, and regardless of whether or not the obligations to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. Any refunding bonds issued under the authority of this section shall be payable from the revenues out of which the bonds to be refunded hereby were payable and shall be secured in accordance with the provisions of Section 49-17-107 and as authorized by this section.

The principal proceeds from the sale of any refunding bonds shall be applied to the payment of any expenses, premiums and commissions incurred in connection with such refunding and as follows:

(a) To the immediate payment and retirement of the obligations being refunded; or

(b) Deposited in trust to provide for the payment and retirement of the obligations being refunded, including the interest thereon, and to pay interest on the refunding bonds prior to the retirement of the obligations being refunded. Money in any such trust fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States of America, or obligations of any agency or instrumentality of the United States Government, or in certificates of deposit issued by a bank or trust company located in the State of Mississippi, if such certificates shall be secured by a pledge of any of said obligations having an aggregate market value equal to one hundred twenty percent (120%) of the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded, but which shall not have matured and which shall not be presently redeemable.

Prior to the issuance of refunding bonds under this section no findings shall be required of the pollution authority under Section 49-17-111 . In lieu of the petition required by Section 49-17-121 , the governing board shall file with the board a petition giving a brief explanation of the proposal to refund the obligations sought to be refunded, and financial statements on the company obligated under the lease/sale. Upon the filing of the petition, the board shall, as soon as practicable, approve the issuance of such refunding bonds, unless it determines that the issuance of such bonds would not be consistent with the purposes of Sections 49-17-101 through 49-17-123 ; and at any time not exceeding six (6) years following such approval the governing board may proceed with the issuance of such refunding bonds. The refunding bonds issued pursuant to this section shall be subject to all other terms and conditions of Sections 49-17-101 through 49-17-123 , except for those provisions which, by their terms, do not apply to such refunding bonds.

It is the intent of the legislature that the terms used in this section shall have the meanings set forth in Section 49-17-101 .
Miss. Code Ann. § 49-15-92 — MS Code / Title 49 / Chapter 5 / Section 15-92
Miss. Code Ann. § 49-15-92
Status: in_force

(1) Any person who steals, takes and carries away crab traps or the property of another used to catch saltwater crabs, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for the first offense; for the second offense, when the offense is committed within three (3) years of the first offense, shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00); for the third and subsequent offenses when committed within three (3) years of the first offense, shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00) or imprisoned for not more than six (6) months.

(2) Any person, firm or corporation convicted and sentenced under this section for a second or subsequent offense shall not be considered for a reduction of the fine.

(3) In addition to the penalties in subsection (1), any person who steals, removes, takes or carries away the crabs from another person's crab traps shall also pay restitution to the owner of the traps for the crabs taken.

(4) This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
Miss. Code Ann. § 49-7-61 — MS Code / Title 49 / Chapter 6 / Section 7-61
Miss. Code Ann. § 49-7-61
Status: in_force

If any person shall hunt within one-fourth ( 1 / 4 ) mile of any church on Sunday while worship services are being held, he shall, on conviction be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Miss. Code Ann. § 49-15-67 — MS Code / Title 49 / Chapter 1 / Section 15-67
Miss. Code Ann. § 49-15-67
Status: in_force

(1)(a) Any party may file an appeal from the decision of the commission with the Chancery Court of Harrison County, Second Judicial District. The appeal shall be filed within thirty (30) days of the decision of the commission. An appeal to the chancery court shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the court shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas. If granted, the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the court.

(b) If the court finds that the order appealed from is supported by substantial evidence, is not arbitrary and capricious and does not violate constitutional rights, the court shall affirm the order of the commission.

(2) Upon the filing of an appeal, the clerk of the chancery court shall serve notice upon the commission. The commission shall within sixty (60) days from the service of the notice, or within such additional time as the court may for cause allow, certify to the court the record in the case. The record shall include transcript of all testimony, objections, exhibits or copies thereof, pleadings, proceedings, orders, findings and opinions entered in the case. However, the parties and commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.

(3) If, upon hearing the appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, the court shall refer the case back to the commission to take such evidence as the court may direct and report the evidence to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-17-433 — MS Code / Title 49 / Chapter 6 / Section 17-433
Miss. Code Ann. § 49-17-433
Status: in_force

The provisions of Sections 49-17-401 through 49-17-433 are severable. If any part of Sections 49-17-401 through 49-17-433 is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Miss. Code Ann. § 49-23-27 — MS Code / Title 49 / Chapter 17 / Section 23-27
Miss. Code Ann. § 49-23-27
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 outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers at safety rest areas, and to take action in the name of the state to comply with the terms of such agreement, provided that the state highway commission shall not have power to enter into any agreement calling for more restrictive control of outdoor advertising than that provided for in Sections 49-23-1 through 49-23-29 .
Miss. Code Ann. § 49-19-209 — MS Code / Title 49 / Chapter 3 / Section 19-209
Miss. Code Ann. § 49-19-209
Status: in_force

The state forester is authorized to employ such professional and clerical assistance as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to compensate such individuals from funds appropriated for such purpose.

The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.
Miss. Code Ann. § 49-23-5 — MS Code / Title 49 / Chapter 5 / Section 23-5
Miss. Code Ann. § 49-23-5
Status: in_force

(1) No outdoor advertising shall be erected or maintained within six hundred sixty (660) feet of the nearest edge of the right-of-way and visible from the main-traveled way of a state controlled route, except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as authorized or required by law;

(b) Signs, displays and devices advertising the sale or lease of property upon which they are located;

(c) Signs, displays and devices advertising the principal activities conducted on the property upon which they are located;

(d) Outdoor advertising signs, displays and devices located in areas which are zoned industrial or commercial as defined in Section 49-23-3 ;

(e) Outdoor advertising signs, displays and devices located in unzoned commercial or industrial areas as defined in Section 49-23-3 ; and

(f) Signs, displays and devices which locate, identify, mark or warn of the presence of pipelines, utility lines or rail lines and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation and safety.

(2) No outdoor advertising shall be erected at or beyond six hundred sixty (660) feet of the nearest edge of the right-of-way outside of urban areas, with the purpose of their message being read from the main-traveled ways of state controlled routes, except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices, pertaining to natural wonders, scenic and historic attractions, as authorized or required by law;

(b) Signs, displays and devices advertising the sale or lease of property upon which they are located;

(c) Signs, displays and devices advertising the principal activities conducted on the property upon which they are located.

(3) Signs lawfully in existence on October 22, 1965, as determined by the commission, subject to the concurrence of the United States Secretary of Transportation, to be landmark signs of historic or artistic significance, including signs on farm structures or natural surfaces, the preservation of which would be consistent with the purposes of this section, are not required to be removed.

(4) No outdoor advertising shall be erected along or adjacent to a scenic byway as defined in Section 49-23-3 .

(5) No outdoor advertising shall be erected contrary to the restrictions in SECTION 7 of Section 65-3-137 .

(6) The board of supervisors of the county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may prohibit any outdoor advertising sign that contains any message or depiction of a sexually explicit nature.
Miss. Code Ann. § 49-7-65 — MS Code / Title 49 / Chapter 3 / Section 7-65
Miss. Code Ann. § 49-7-65
Status: in_force

Except as provided in this chapter, it is unlawful for any person to hunt, trap, take, kill, wound or capture, or attempt to hunt, trap, take, kill, wound or capture any fur-bearing animals except during the open season prescribed by law or regulation. However, mink may be hunted with dogs during the season for taking of fur-bearing animals on payment of trapper's license fee by person so hunting mink with dogs.
Miss. Code Ann. § 49-17-23 — MS Code / Title 49 / Chapter 15 / Section 17-23
Miss. Code Ann. § 49-17-23
Status: in_force

The commission shall keep the minutes of the commission, including all orders, rules and regulations promulgated, in a record book, or books, especially prepared for that purpose.

All minutes of commission meetings and hearings, and all rules, regulations, and orders made by the commission shall be in writing and shall be filed in full by the commission in a book for such purposes, to be kept by the commission which shall be a public record and open to inspection by the public at all times during all reasonable hours. The commission shall compile and publish annually the rules and regulations promulgated by the commission in current consolidated version. The commission shall provide the consolidated compilation of the rules and regulations to the public for a cost sufficient to cover printing and postage and administrative expenses, including the cost of any contractual services necessary to compile and publish such rules and regulations on an annual basis. A copy of any rule, minutes, regulation or order certified by the commission shall be received in evidence in all courts of this state with the same effect as the original. The commission shall compile and index on a current date basis all orders of the commission in a book for such purposes that shall be available for inspection and copying by the public. All responsibilities of the commission pursuant to this section may be delegated by the commission to the Executive Director.
Miss. Code Ann. § 49-15-87 — MS Code / Title 49 / Chapter 4 / Section 15-87
Miss. Code Ann. § 49-15-87
Status: in_force

(a) “Peeler crab” means a blue crab having a new soft shell fully developed under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.

(b) “Soft-shell crab” means a peeler crab which has recently shed its hard shell.
Miss. Code Ann. § 49-15-38 — MS Code / Title 49 / Chapter 2 / Section 15-38
Miss. Code Ann. § 49-15-38
Status: in_force

(1)(a) Unless otherwise permitted by the department, no oysters shall be taken from state-owned reefs unless culled, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the state-owned reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.

(b) The department may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections, collect fees and issue tags in the enforcement of this chapter and regulations adopted by the commission.

(2) The department shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters.

(3) Any person, firm or corporation failing or refusing to pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each sack of shells for which they fail or refuse to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter for a period of two (2) years from the date of conviction.

(4) The planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department.
Miss. Code Ann. § 49-17-507 — MS Code / Title 49 / Chapter 3 / Section 17-507
Miss. Code Ann. § 49-17-507
Status: in_force

In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding lead-based paint activities:

(a) To 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 Sections 49-17-501 through 49-17-531 ;

(b) To issue, reissue, suspend, revoke or deny the issuance or reissuance of accreditation for lead-based paint activity training programs and to require the modification of those training programs;

(c) To issue, reissue, suspend, revoke or deny the issuance or reissuance of certificates for risk assessors, project designers, supervisors, renovators, dust sampling technicians, inspectors and workers involved in lead-based paint activities;

(d) To develop and require the use of work practice standards for lead-based paint activities and to monitor compliance with those work practice standards;

(e) To establish pre-renovation information distribution requirements and monitor compliance with those requirements;

(f) To enforce and assess penalties for violations of Sections 49-17-501 through 49-17-531 ;

(g) To assess and collect fees for the accreditation of training programs, issuance and reissuance of certificates, and lead-based paint abatement and renovation projects;

(h) To develop an examination and grading system for testing applicants to be administered by accredited training programs;

(i) To establish requirements and procedures for the administration of a third-party certification examination;

(j) To enter into reciprocal agreements for accreditation of training programs and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicians, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the accreditation and certification requirements adopted under Sections 49-17-501 through 49-17-531 ;

(k) To apply for, receive and expend any contributions, gifts, devises, bequests or funds from any source relating to Sections 49-17-501 through 49-17-531 ;

( l ) To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements, except as limited under Section 49-2-9 , with any federal or state agency or subdivision thereof, any public or private institution, or any other person in connection with carrying out Sections 49-17-501 through 49-17-531 ; and

(m) To discharge other duties, responsibilities and powers necessary to implement Sections 49-17-501 through 49-17-531 .
Miss. Code Ann. § 49-25-15 — MS Code / Title 49 / Chapter 3 / Section 25-15
Miss. Code Ann. § 49-25-15
Status: in_force

Any junkyard lawfully in existence on June 16, 1966 which does not conform to the exceptions contained in Section 49-25-7 , or that cannot be made to so conform by screening as provided in this chapter, shall be required to be removed under Section 49-25-13 by July 1, 1970, or as soon thereafter as funds are available for that purpose. Any junkyard located along any highway made a part of the interstate or primary system after June 16, 1966, shall be considered to have been lawfully established for the purposes of this chapter; and in the event any such junkyard does not conform to the exceptions in Section 49-25-7 , or cannot be made to so conform by screening as provided in this chapter, it shall be required to be removed under Section 49-25-13 by the end of the fourth year after it shall be determined that it is nonconforming or as soon thereafter as funds are available for that purpose.
Miss. Code Ann. § 49-15-23 — MS Code / Title 49 / Chapter 5 / Section 15-23
Miss. Code Ann. § 49-15-23
Status: in_force

(1)(a) The Mississippi Department of Marine Resources and the Commission on Wildlife, Fisheries and Parks are hereby authorized and empowered to establish the dividing line between salt and fresh waters, and when such line has been established and notice thereof given as provided herein, it shall be recognized in the courts in connection with any proceedings under the game and fish laws of this state. Such line may be changed from time to time by the Mississippi Department of Marine Resources and the Commission on Wildlife, Fisheries and Parks on proper publication of such changes.

(b) In establishing the dividing line between salt and fresh waters, no part of the Bay of St. Louis shall be declared to be fresh water.

(c) In establishing the dividing line between salt and fresh waters, none of the waters within the municipal boundaries of the City of Pascagoula, as they existed on January 1, 1981, shall be declared to be fresh water.

(d) In establishing the dividing line between salt and fresh waters, no part of Bayou Cassotte and its tributaries, Bang Bayou and its tributaries, Bayou Cumbest and its tributaries, Crooked Bayou, Middle Bayou and that part of Heron Bayou with its tributaries which lie in the State of Mississippi shall be declared to be fresh water.

(2) Whenever any dividing line is established or changed as above provided, notice shall be given to the public by publication for three (3) weeks in a newspaper published and having general circulation in the county or counties affected thereby, and a description of the dividing line shall be filed in the office of the chancery clerk of such counties or county.
Miss. Code Ann. § 49-27-21 — MS Code / Title 49 / Chapter 8 / Section 27-21
Miss. Code Ann. § 49-27-21
Status: in_force

Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.
Miss. Code Ann. § 49-5-15 — MS Code / Title 49 / Chapter 2 / Section 5-15
Miss. Code Ann. § 49-5-15
Status: in_force

The commission may contract with any county or counties in which such a game and fish management project or game and fish hunting and fishing refuge may be located or any municipality located in such county, for the joint support and maintenance thereof so that the cost of acquisition, construction and maintenance of such project may be borne jointly by such agencies. The commission may use any revenues from the sale of timber, mineral leases on such land, any donations made to such a project by any agency of the federal government or the State of Mississippi or fees collected for permits granted for hunting and fishing thereon toward financing same.
Miss. Code Ann. § 49-19-225 — MS Code / Title 49 / Chapter 19 / Section 19-225
Miss. Code Ann. § 49-19-225
Status: in_force

Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the commission. The commission shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.
Miss. Code Ann. § 49-5-13.1 — MS Code / Title 49 / Chapter 1 / Section 5-13.1
Miss. Code Ann. § 49-5-13.1
Status: in_force

(1) The department shall clearly designate and mark hiking, horseback riding and walking trails on state-owned wildlife management areas. The department shall develop and implement a safety program and regulations for the use of the trails during any gun season.

(2) The department is directed to enter into a memorandum of understanding with the USDA Forest Service to develop and implement a safety program and regulations for the use of hiking, horseback riding and walking trails during any gun season in wildlife management areas on national forest lands.
Miss. Code Ann. § 49-17-405 — MS Code / Title 49 / Chapter 3 / Section 17-405
Miss. Code Ann. § 49-17-405
Status: in_force

(1) There is hereby created the Mississippi Groundwater Protection Trust Fund, hereinafter referred to as the “fund” to be administered by the Executive Director of the Department of Environmental Quality. The commission shall adopt regulations for administering this fund.

(2) The commission shall expend or utilize monies up to One Million Dollars ($1,000,000.00) annually in the fund by an annual appropriation approved by the Legislature to supplement all reasonable direct and indirect costs associated with the development and administration of the Underground Storage Tank (UST) Program if the annual tank regulatory fee in Section 49-17-421 does not adequately cover the costs associated with Sections 49-17-401 through 49-17-435 . All reasonable direct and indirect costs associated with development and administration of the UST Program, including, but not limited to, the reasonable costs of the following activities as they relate to the UST Program:

(a) Preparing generally applicable regulations or guidance regarding the UST Program or its implementation or enforcement;

(b) Administering the UST Program, including the supporting and tracking of UST owners/operators and associated UST systems, compliance with UST regulations, the fund, UST-certified contractors, tank fees and related data entry;

(c) Implementing and enforcing the terms of the UST regulations; and

(d) Investigation, assessment and rehabilitation of contamination sites with restoration or replacement of potable water supplies.

At no time shall an annual fund appropriation result in more than supplemental funding for the current annual cost of administering the UST Program.

(3) Whenever in the executive director's determination a release of motor fuels at an active site may pose a threat to the environment or the public health, safety or welfare, the department shall obligate monies available in the fund to provide for:

(a) Investigation and assessment of contamination sites;

(b) Restoration or replacement of potable water supplies;

(c) Rehabilitation of contamination sites, which may consist of cleanup of affected soil, groundwater and inland surface waters, using cost-effective alternatives that are technologically feasible and reliable, and that provide adequate protection of the public health, safety and welfare and minimize environmental damage, in accordance with the site selection and clean-up criteria established by the commission, except that nothing herein shall be construed to authorize the commission to obligate funds for payment of costs which may be associated with, but are not integral to, site rehabilitation, such as the cost for retrofitting or replacing underground storage tanks.

(4) Whenever the commission has expended funds from the fund created by Sections 49-17-401 through 49-17-433 , the owner of the underground storage tank shall not be liable to the department for such costs if the owner was in substantial compliance on the date on which the discharge of the motor fuels which necessitates the cleanup was reported to the department. Otherwise owners are responsible for reimbursement and the reimbursed monies shall go back into the fund. In such circumstances the commission is authorized to take any necessary action to recover these monies from responsible owners.

(5) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-11-17 — MS Code / Title 49 / Chapter 5 / 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. § 49-19-211 — MS Code / Title 49 / Chapter 1 / Section 19-211
Miss. Code Ann. § 49-19-211
Status: in_force

The commission shall adopt and promulgate such rules and regulations as are necessary for the implementation of Sections 49-19-201 through 49-19-227 . The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing.

The commission shall publish such rules and regulations and shall make the same available upon request.
Miss. Code Ann. § 49-15-37 — MS Code / Title 49 / Chapter 7 / Section 15-37
Miss. Code Ann. § 49-15-37
Status: in_force

The department may employ boats, crews and laborers to cultivate the state-owned reefs of the state, and dredge the oysters in the Mississippi Sound from places where they are too thick, and spread them on reefs where they are too thin, and carry shells from the factories and spread them in places where the oyster beds can be improved and enlarged. The department may open state-owned reefs to the public for harvest. The department may purchase other materials as may be equally suitable for the propagation of oysters. The department in cultivating the reefs, transplanting and spreading oysters and shells and other suitable materials, may expend any funds available for that purpose, as provided by Section 49-15-17(1)(e) . In taking seed oysters, care shall be used to not injure or destroy the merchantable oysters on the reefs from which they are taken. The seed oysters shall be tonged from the “conner” or seed reefs, unless it is practicable and safe to dredge those oysters. The department may establish new bedding grounds at those places within the boundaries of the state as it may determine, on advice of the director, or on advice of technical governmental experts, or competent aquatic biologists. On existing state-owned reefs in which oysters exist and in waters not of a safe sanitary quality as determined by the department, the department shall prohibit any person, firm or corporation from taking oysters from those areas. The department shall from time to time remove the oysters from the areas and relay or replant them in an approved area for a period of time under Section 49-15-36 before they may be harvested. Any funds received from the sale of the oysters shall be used in a like manner as those funds received under Section 49-15-17(1)(e) .

The department may issue permits to persons to remove oysters by dredging or otherwise from water bottoms which are not of a safe sanitary quality for oysters for human consumption. These areas may be designated as seed grounds, and permits to persons shall be issued only for the purpose of transplanting oysters to privately leased Mississippi territorial waters. The department may permit the transplanting of these seed oysters by a duly authorized public agency.

The department may, upon determining the water bottom from which oysters are to be removed is not of a safe, sanitary quality for oyster production for human consumption and has been unsafe for a period of at least one (1) year immediately preceding certification, and upon complying with the following requirements, permit the dredging of oysters from restricted public areas and relaying the oysters to private leased grounds in the State of Mississippi:

(a) Permittee must hold valid lease of oyster bedding grounds in the State of Mississippi;

(b) Permittee must be bonded in compliance with the permit system established by the department;

(c) Permittee must fulfill all permit requirements as established by the department;

(d) Permittee shall not move oysters from one restricted area to another restricted area;

(e) Permittee shall move oysters only to an area leased by the department; and

(f) Permittee shall not move oysters from the restricted area without the presence of an employee of the department at all times, from the dredging of the oysters from the restricted areas to their deposit on private leased grounds or to an onshore, molluscan depuration facility.

Harvesting of oysters shall be permitted only during daylight hours and with the most efficient gear possible consistent with conservation requirements of not damaging the reefs. This shall include permission to use two (2) dredges per boat on restricted areas and on private leased grounds.

Any person obtaining a permit to remove oysters from seed grounds shall post a penal bond of One Hundred Dollars ($100.00) per leased acre with the department to be forfeited upon any violation of this section. The bond may be approved by the director of the department if the director finds the bond to be secured by sufficient property or sureties.

The department shall regulate the amount and time of taking of oysters from seed areas and shall supervise the removal, planting and harvesting of oysters from the areas. The time set for the taking of oysters from restricted seed areas for relaying or replanting and the time set for the taking of oysters from private leased grounds shall be separated by not less than a period of time determined under Section 49-15-36 during which neither activity may be allowed.
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 4 / Section 19-207
Miss. Code Ann. § 49-19-207
Status: in_force

The commission shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227 , and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Miss. Code Ann. § 49-15-93 — MS Code / Title 49 / Chapter 8 / 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. § 49-39-1 — MS Code / Title 49 / Chapter 37 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-7-47 — MS Code / Title 49 / Chapter 5 / Section 7-47
Miss. Code Ann. § 49-7-47
Status: in_force

(1) The commission may control, regulate and manage the taking of all alligators.

(2) Residents and nonresidents shall be required to purchase a combination hunting and fishing license to hunt, kill or catch any alligator for sporting purposes.

(3) Residents and nonresidents shall be required to obtain a special permit to hunt, kill, catch or possess any alligator for commercial purposes. The commission may establish a reasonable fee for an annual special sporting permit, not to exceed Two Hundred Dollars ($200.00), and may prescribe regulations governing commercial trade in alligators. Any reasonable fee established for an annual special commercial permit shall not exceed Five Hundred Dollars ($500.00). Such permit shall be good from the date of its issuance to June 30 following its date.

(4) Any person violating this section is guilty, upon conviction, of a Class I offense and is punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-10-3 — MS Code / Title 49 / Chapter 2 / Section 10-3
Miss. Code Ann. § 49-10-3
Status: in_force

It is unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this article, to exercise that right or privilege within this state or to purchase or possess such a license which grants such right or privilege. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this state in violation of such suspension or revocation pursuant to this compact shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00) or imprisonment for a period not exceeding twelve (12) months or both.
Miss. Code Ann. § 49-15-7 — MS Code / Title 49 / Chapter 7 / Section 15-7
Miss. Code Ann. § 49-15-7
Status: in_force

All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the department.
Miss. Code Ann. § 49-39-7 — MS Code / Title 49 / Chapter 3 / Section 39-7
Miss. Code Ann. § 49-39-7
Status: in_force

(1)(a) There is created in the State Treasury a special fund to be designated the “Mississippi Outdoor Stewardship Trust Fund.” The special fund shall consist of monies appropriated by the Legislature. Monies shall be accounted for in such a manner to be termed unobligated funds or obligated funds. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the special fund shall be deposited to the credit of the special fund; however, any unobligated monies in excess of Twenty Million Dollars ($20,000,000.00), excluding federal funds, remaining in the special fund at the end of a fiscal year that have not been appropriated shall lapse into the State General Fund. Monies in the special fund may be used upon selection by the board. The board and the Department of Finance and Administration may use not more than two percent (2%) of monies in the special fund to defray the board's expenses in carrying out its duties under this chapter.

(b) Subject to the provisions of this chapter, monies in the special fund may be used and expended by the board to provide funds for grants to counties, municipalities, state agencies and nongovernmental entities for:

(i) Improvement of state park outdoor recreation features and trails;

(ii) Acquisition and improvement of parks and trails by counties and municipalities, if such parks and trails lie within the jurisdiction of such counties and municipalities;

(iii) Restoration or enhancement projects to create or improve access to public waters and lands for public outdoor recreation, conservation education, or the safe use and enjoyment of permanently protected conservation land;

(iv) Restoration or enhancement on privately owned working agricultural lands and forests that support conservation of soil, water, habitat of fish and wildlife resources;

(v) Restoration or enhancement of wetlands, native forests, native grasslands and other unique habitats important for Mississippi's fish and wildlife; and

(vi) Acquisition of critical areas for the provision or protection of clean water, wildlife, hunting, fishing, military installation buffering or natural resource-based outdoor recreation. Real property may only be acquired under this subparagraph (vi) when the property:

1. Is, at the time of acquisition, being leased by the state as a wildlife management area;

2. Adjoins or is in close proximity to state or federal wildlife management areas or state parks, or would provide better public access to such areas;

3. Is identified in a wildlife action plan developed by a state agency;

4. Constitutes riparian lands, and its acquisition is for the purpose of protecting any drinking water supply; or

5. Surrounds a military base or military installation.

Acquisition of land under this subparagraph (vi) may not be made through the exercise of any power of eminent domain or any condemnation proceeding.

(c) Unless otherwise authorized by the board, a county, municipality, state agency or nongovernmental entity receiving funds for a project under this section must expend the funds for the project within two (2) years after receipt of the funds in order to be eligible to apply for additional funds for the project under this section. If a county, municipality, state agency or nongovernmental entity receiving funds for a project does not expend the funds within two (2) years after receipt of the funds, then the county, municipality, state agency or nongovernmental entity must provide an accounting of such unused funds and the reason for failure to expend the funds. If the board determines that the project will not be completed in a timely manner, the county, municipality, state agency or nongovernmental entity must then return any unexpended funds.

(d) Monies in the special fund may not be used, expended or transferred for any other purpose other than authorized in this chapter.

(e) Any state agency receiving funds from the Mississippi Outdoor Stewardship Trust Fund under this section may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(2)(a) The board shall accept applications from counties, municipalities, state agencies and nongovernmental entities for project proposals eligible for funding under this section. The board shall evaluate the proposals received in accordance with this chapter.

(b) A county, municipality, state agency or nongovernmental entity desiring assistance under this section must submit a complete application to the board. The application must include a description of the purpose for which assistance is requested, the type and amount of assistance requested and any other information required by the board.

(c) The board shall require annual independent audits of all expenditures from the special fund and present those findings to the Governor, Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees.

(d) To be eligible for funding, any nongovernmental entity applicant must submit its most recent audit, disclose any audit deficiencies in the previous five (5) years, submit its certificate of good standing from the Mississippi Secretary of State, and submit a current list of its board members for purposes of conflicts of interest.

(e) For funds to be spent on private land, the applicant must show demonstrably that the project will benefit the public.

(f) Projects that acquire property shall not be considered for approval until after July 1, 2024.

(3) The board, at its first meeting of each calendar year, shall prepare a list of priorities and criteria to guide the selection of projects. The board shall give increased priority to projects:

(a) Supporting the public recreation and conservation efforts of state agencies, counties and municipalities;

(b) Leveraging or matching other nonfederal or federal funds available for similar purposes;

(c) Supporting and promoting recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities;

(d) Contributing to the improvement of the quality and quantity of surface water and groundwater; or

(e) Contributing to the conservation of soil, water, and fish and wildlife resources on privately owned working agricultural lands or forests.

(4) Upon approval of the total list of projects by the board, the list of projects shall be submitted to the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees. If federal funds or guidelines become available and are certified by the Executive Director of the Department of Finance and Administration or the Executive Director of the Mississippi Outdoor Stewardship Fund, the board shall be authorized to expend funds from the Mississippi Outdoor Stewardship Trust Fund and shall notify the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees, Chairs of the Senate and House Wildlife, Fisheries and Parks Committees, and Legislative Budget Office of such expenditures prior to their distribution to certain projects approved by the board.
Miss. Code Ann. § 49-17-431 — MS Code / Title 49 / Chapter 13 / Section 17-431
Miss. Code Ann. § 49-17-431
Status: in_force

Any person aggrieved by any decision by the commission or the director relating to any provision of Sections 49-17-401 through 49-17-433 shall have the right to appeal as provided in Section 49-17-41, Mississippi Code of 1972 .
Miss. Code Ann. § 49-31-19 — MS Code / Title 49 / Chapter 18 / Section 31-19
Miss. Code Ann. § 49-31-19
Status: in_force

(1) On or before July 1, 2007, the Department of Education with advice of the Department of Environmental Quality is directed to develop or select curriculum, including materials and resource guides, for a waste minimization awareness program at the elementary and secondary levels of education.

(2) In order to orient students and their families to the minimization of waste and to encourage the participation of schools, communities and families in waste minimization programs, the school board of each school district in the state shall provide a program of student instruction in the minimization of waste materials. The instruction shall be provided at both the elementary and secondary levels of education.
Miss. Code Ann. § 49-33-1 — MS Code / Title 49 / Chapter 5 / Section 33-1
Miss. Code Ann. § 49-33-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Agricultural and Forestry Activity Act.”
Miss. Code Ann. § 49-17-111 — MS Code / Title 49 / Chapter 7 / Section 17-111
Miss. Code Ann. § 49-17-111
Status: in_force

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention of air or water pollution.
Miss. Code Ann. § 49-27-41 — MS Code / Title 49 / Chapter 17 / Section 27-41
Miss. Code Ann. § 49-27-41
Status: in_force

Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39 . Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.
Miss. Code Ann. § 49-17-719 — MS Code / Title 49 / Chapter 6 / Section 17-719
Miss. Code Ann. § 49-17-719
Status: in_force

There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Pearl River County Utility Authority.” The authority is composed of the geographic area of Pearl River County as defined in Section 19-1-109, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of Pearl River County. The Pearl River County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the Pearl River County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 5 / 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. § 49-7-4 — MS Code / Title 49 / Chapter 5 / Section 7-4
Miss. Code Ann. § 49-7-4
Status: in_force

The records of the Department of Wildlife, Fisheries and Parks relating to applications for and sales of any resident or nonresident licenses issued under this chapter, and all records related to holders of such licenses, are exempt from the provisions of the Mississippi Public Records Act of 1983, in accordance with Section 25-61-11 , and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records. However, upon request, the records specified in this section shall be available to all law enforcement agencies.
Miss. Code Ann. § 49-15-12 — MS Code / Title 49 / Chapter 1 / Section 15-12
Miss. Code Ann. § 49-15-12
Status: in_force

(1) The Department of Marine Resources and the Department of Wildlife, Fisheries and Parks shall comply with Sections 5-11-1 through 5-11-5 in the transfer of the marine law enforcement division.

(2)(a) All personnel actions initiated as a result of the transfer of law enforcement officers shall be subject to the State Personnel Board rules, regulations and procedures. The executive director shall implement a merit promotion system for all law enforcement officers. The merit promotion system shall be based on an individual's merit and length of service.

(b) The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Division of Marine Law Enforcement on January 1, 1999. The transfer shall also include direct support, clerical, data processing, communications and boating safety pins and resources.
Miss. Code Ann. § 49-28-5 — MS Code / Title 49 / Chapter 25 / Section 28-5
Miss. Code Ann. § 49-28-5
Status: in_force

(1) Upon the filing of a petition, the board of supervisors shall fix a time and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district. The date fixed for the hearing shall be not more than thirty (30) days after the filing of the petition. The time, date and location of the hearing, the proposed boundaries of the district, and the purpose of the hearing shall be set forth in a notice to be signed by the clerk of the board of supervisors. The notice shall be published in a newspaper having general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date of the hearing. The first publication of the notice shall be made not less than twenty-one (21) days before the date of the hearing and the last publication shall be made not more than seven (7) days before the date of the hearing.

(2) If, at the public hearing, the board of supervisors finds (a) that the public convenience and necessity require the creation of the district and (b) that the creation of the district is economically sound and desirable, then the board of supervisors shall adopt a resolution making those findings and declaring its intention to create the district on a date to be specified in the resolution. The resolution shall also designate the name of the proposed district, define its territorial limits which shall be fixed by the board of supervisors pursuant to the hearing, and state whether or not the board of supervisors shall levy the ad valorem tax authorized in Section 49-28-27 and whether or not the board of supervisors proposes to make special assessments against benefited properties as outlined in Section 49-28-29 .
Miss. Code Ann. § 49-11-21 — MS Code / Title 49 / Chapter 8 / Section 11-21
Miss. Code Ann. § 49-11-21
Status: in_force

Any native wild game found on shooting preserves or commercial wildlife enclosures may be harvested only in accordance with applicable game and hunting laws and regulations issued by the commission or the U.S. Fish and Wildlife Service.
Miss. Code Ann. § 49-27-4 — MS Code / Title 49 / Chapter 6 / Section 27-4
Miss. Code Ann. § 49-27-4
Status: in_force

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

(2) The Mississippi Department of Marine Resources in conjunction with the Office of Secretary of State are further authorized to erect appropriate markers and signs indicating the location of the “Secretary of State Eric Clark Coastal Preserve” and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Miss. Code Ann. § 49-19-119 — MS Code / Title 49 / Chapter 3 / Section 19-119
Miss. Code Ann. § 49-19-119
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the Volunteer Fire Department Equipment Conversion Revolving Fund. The revolving fund shall consist of monies received from charges for work and services performed for volunteer fire departments by the commission.

(2) Monies in the revolving fund shall be used by the State Forestry Commission, upon appropriation by the Legislature, to assist in the conversion of vehicles acquired by the commission through the Federal Excess Personal Property Program or by volunteer fire departments through other means to adapt them for use in the suppression of wildland fires. This assistance shall be in the form of fabrication of water tanks or other accessories necessary for the operation of fire suppression units, installation of piping and valves, painting or other similar or associated component work necessary to place fire suppression equipment into service; such assistance is not for general vehicle maintenance or repair.

(3) The State Treasurer shall make disbursements from the revolving fund for payment of materials, supplies and labor upon requisition of the commission and upon the issuance of warrants therefor by the Department of Finance and Administration.

(4) The amount of monies deposited into the revolving fund from such charges shall not exceed Fifty Thousand Dollars ($50,000.00). Funds in excess of Fifty Thousand Dollars ($50,000.00) from such charges shall be deposited into the Forestry Commission's regular appropriated special funds.

(5) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 31 / 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. § 49-35-17 — MS Code / Title 49 / Chapter 7 / Section 35-17
Miss. Code Ann. § 49-35-17
Status: in_force

(1) A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11 .

(2) A notice of brownfield agreement site (a) shall be entitled “Notice of Brownfield Agreement Site”, (b) shall include a survey plat of the brownfield agreement site described in the brownfield agreement that has been prepared and certified by a professional land surveyor, (c) shall include a legal description of the brownfield agreement site, and (d) shall identify the following:

(i) The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;

(ii) The type, location, and quantity of contaminants known to exist on or under the brownfield agreement site;

(iii) All land-use restrictions on the current or future use of the brownfield agreement site. These land-use restrictions may apply to activities on or under the brownfield agreement site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining; and

(iv) All engineering controls included in the brownfield agreement.

(3)(a) Within fifteen (15) days after the brownfield agreement is executed, the brownfield party shall file a certified copy of the brownfield agreement and the notice of the brownfield agreement site in the office of the chancery clerk of the county in which the site is located. The chancery clerk shall record and enter the notice of the brownfield agreement site and the brownfield agreement in the land records in accordance with Section 89-5-33 and collect the fees provided in Section 25-7-9 . Any deed or other instrument conveying an interest in brownfield property shall state in the deed or instrument that the property is brownfield property and subject to a brownfield agreement, unless the notice is canceled under subsection (4) of this section.

(b) If the notice has not been canceled under subsection (4) of this section, the seller of brownfield property shall disclose in the contract for the purchase of the brownfield property that the property is brownfield property and subject to a brownfield agreement.

(4) If a brownfield party remediates a brownfield agreement site to a risk level of unrestricted use, the brownfield party may petition the commission to cancel the notice of brownfield agreement site. If the commission issues an order canceling the notice, the current owner of the brownfield agreement site shall file a statement issued by the executive director in accordance with the commission's order canceling the notice in the office of the chancery clerk in any county in which the brownfield agreement site is located. The executive director's statement shall contain the names of the owners of the brownfield agreement site as shown in the notice of brownfield agreement site and reference the book and page where the notice is recorded. After collecting the proper fee fixed in Section 25-7-9 , the chancery clerk shall record the executive director's statement as provided in subsection (3) of this section. The chancery clerk shall make a marginal entry on the notice of brownfield agreement site showing the date of cancellation and the book and page where the executive director's statement is recorded, and the chancery clerk shall sign the entry.
Miss. Code Ann. § 49-19-113 — MS Code / Title 49 / Chapter 13 / Section 19-113
Miss. Code Ann. § 49-19-113
Status: in_force

In order to carry out further the program herein authorized, the state forestry commission be and it is hereby authorized to organize, divide or set up forest districts and areas throughout the state, which districts and areas shall be so organized, divided or set up in accordance with the distribution of forest land and the location of political boundaries as to best serve the interest of the state as a whole. The commission shall appoint a district forester and assistant district forester for each district and shall appoint an area forester for each forest area, all of whom shall be charged with the duty of directing forestry education, timber management, forest fire control and other necessary forestry conservation activities and practices as the commission shall deem necessary.
Miss. Code Ann. § 49-15-23 — MS Code / Title 49 / Chapter 9 / Section 15-23
Miss. Code Ann. § 49-15-23
Status: in_force

(1)(a) The Mississippi Department of Marine Resources and the Commission on Wildlife, Fisheries and Parks are hereby authorized and empowered to establish the dividing line between salt and fresh waters, and when such line has been established and notice thereof given as provided herein, it shall be recognized in the courts in connection with any proceedings under the game and fish laws of this state. Such line may be changed from time to time by the Mississippi Department of Marine Resources and the Commission on Wildlife, Fisheries and Parks on proper publication of such changes.

(b) In establishing the dividing line between salt and fresh waters, no part of the Bay of St. Louis shall be declared to be fresh water.

(c) In establishing the dividing line between salt and fresh waters, none of the waters within the municipal boundaries of the City of Pascagoula, as they existed on January 1, 1981, shall be declared to be fresh water.

(d) In establishing the dividing line between salt and fresh waters, no part of Bayou Cassotte and its tributaries, Bang Bayou and its tributaries, Bayou Cumbest and its tributaries, Crooked Bayou, Middle Bayou and that part of Heron Bayou with its tributaries which lie in the State of Mississippi shall be declared to be fresh water.

(2) Whenever any dividing line is established or changed as above provided, notice shall be given to the public by publication for three (3) weeks in a newspaper published and having general circulation in the county or counties affected thereby, and a description of the dividing line shall be filed in the office of the chancery clerk of such counties or county.
Miss. Code Ann. § 49-15-84.1 — MS Code / Title 49 / Chapter 5 / Section 15-84.1
Miss. Code Ann. § 49-15-84.1
Status: in_force

(1) The commission may establish a closed season for the use of crab traps in the public waters of this state. The commission may designate the closed season as not less than ten (10) days nor more than thirty (30) days per year. Any crab trap remaining in the public waters after the expiration to the seventh day of a closed season may be considered as abandoned under the regulations established by the commission.

(2) The commission shall adopt rules to govern the removal and disposal of abandoned crab traps as necessary to enhance:

(a) The conservation and management of crab resources;

(b) Boating safety;

(c) The cleanliness of the beds and bottoms of the public waters of the state; and

(d) Enforcement of this chapter.

(3) Abandoned crab traps are litter and are subject to immediate removal and disposal.
Miss. Code Ann. § 49-15-309 — MS Code / Title 49 / Chapter 10 / Section 15-309
Miss. Code Ann. § 49-15-309
Status: in_force

(1) The department is hereby authorized and directed to establish and maintain a saltwater recreational fishing record list of marine fish taken in the state.

(2) The department shall direct fisheries biologists of the department to seek records from fishing rodeos, tournaments or other valid sources of the largest fish of each marine species commonly occurring in the waters of the state.

(3) The department shall declare the initial listing as the official state saltwater records.

(4) The department shall establish criteria for maintaining and updating the official records list.

(5) The department is hereby directed to present all state record holders with a certification of achievement in marine recreational fishing.
Miss. Code Ann. § 49-7-51 — MS Code / Title 49 / Chapter 7 / Section 7-51
Miss. Code Ann. § 49-7-51
Status: in_force

(1)(a) It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish, or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation.

(b) It is lawful for the following items to be bought and sold in accordance with the rules and regulations promulgated by the commission:

(i) The skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;

(ii) Any part of a wild turkey, except the meat; and

(iii) Any parts of nuisance animals.

(c) Mounted game animals, birds and fish may not be sold, purchased or leased.

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

(2) Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 6 / 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. § 49-19-117 — MS Code / Title 49 / Chapter 17 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

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

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

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-27-5 — MS Code / Title 49 / Chapter 2 / Section 27-5
Miss. Code Ann. § 49-27-5
Status: in_force

(a) “ Coastal wetlands ” means all publicly-owned lands subject to the ebb and flow of the tide; which are below the ordinary high water mark; all publicly-owned accretions above the ordinary high water mark and all publicly-owned submerged water-bottoms below the ordinary high water mark and includes the flora and fauna on the wetlands and in the wetlands.

(b) “ Department ” means the Department of Marine Resources.

(c) “ Regulated activity ” means any of the following activities:

(i) The dredging, excavating or removing of soil, mud, sand, gravel, flora, fauna or aggregate of any kind from any coastal wetland;

(ii) The dumping, filling or depositing of any soil, stones, sand, gravel, mud, aggregate of any kind or garbage, either directly or indirectly, on or in any coastal wetlands;

(iii) Killing or materially damaging any flora or fauna on or in any coastal wetland;

(iv) The erection on coastal wetlands of structures which materially affect the ebb and flow of the tide; and

(v) The erection of any structure or structures on suitable sites for water dependent industry.

(d) “ Dredging ” means the removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from coastal wetlands.

(e) “ Executive director ” means the Executive Director of the Department of Marine Resources.

(f) “ Filling ” means either the displacement of waters by the deposition into coastal wetlands of soil, sand, gravel, shells or other material; or the artificial alteration of water levels or water currents by physical structures, drainage ditches or otherwise.

(g) “ Person ” means any natural person, partnership, joint stock company, corporation, unincorporated association or society, or the state and any agency thereof, or any county, municipality or political subdivision, or any other corporation of any character whatsoever.

(h) “ Commission ” means the Mississippi Advisory Commission on Marine Resources.

(i) “ Water dependent industry ” means those commercial, industrial or manufacturing activities which, for purposes basic to their existence must occur or locate on or adjacent to the estuaries, sounds, channels, shores or marshlands of the coast. “ Suitable sites for water dependent industry ” means those areas of land which are suitable for the development of water dependent industry because of their proximity to waters of navigable depth, size and configuration, topography, soil conditions and access to other means of transportation. After consultation with local governments, port authorities, development commissions, port and harbor commissions and other interested parties, and after full consideration of zoning ordinances duly adopted by local governments, the department shall designate those sites it deems suitable for water dependent industry. The definition of “suitable sites for water dependent industry” shall be limited to, but not necessarily inclusive of, waterfront sites owned by county port authorities, development commissions and port and harbor commissions, and to areas that are now or are later made to be within one thousand (1,000) feet of the centerline of any natural or maintained channel having a depth of seven (7) feet or greater at mean low water. However, additional sites may be included in the definition of suitable sites for water dependent industry with the concurrence of the board of supervisors in the county affected.

(j) “ Ordinary High Water Mark (OHWM) ” means a mark on the shore determined by the department staff, established by fluctuations in water level and indicated by physical and biological characteristics including, but not limited to, water stains, changes in the character of the soil, scour lines, presence of debris lines, changes in plant communities and other appropriate means that consider the characteristics of the surrounding area. The determination of OHWM shall not be made by the department staff during high tide where the above referenced characteristics are not observable. OHWM is not the same as mean high water and shall not be used for determination of the boundary between private property and public trust tidelands or for any purpose other than regulated activity as defined in this section.
Miss. Code Ann. § 49-7-80 — MS Code / Title 49 / Chapter 3 / Section 7-80
Miss. Code Ann. § 49-7-80
Status: in_force

No person shall stock, place, release or cause to be released into any of the public waters of the state any aquatic species without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. No person shall release or cause to be released within this state, any animal not indigenous to Mississippi without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. The department may issue or deny a permit after it completes a study of the species to determine any detrimental effect the species might have on the environment.

The department shall establish and maintain a list of approved, restricted and prohibited species and establish rules governing importation, possession, sale and escape of those species.

This section shall not prohibit the practice of catch and release of native fish species or the release of native fish bait species.

A person violating this section is guilty of Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-35-51 — MS Code / Title 49 / Chapter 28 / Section 35-51
Miss. Code Ann. § 49-35-51
Status: in_force

For purposes of this article, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:

(a) “ NPL property subject to restoration ” means any property on a site that is (i) proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL; or (ii) listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites.

(b) “ Bona fide prospective purchaser ” means a person who acquires ownership of a facility located on NPL property subject to restoration and who establishes the criteria set forth in 42 USCS Section 9601(40) .

(c) “ Owner of NPL property subject to restoration ” means a person who has purchased or otherwise is the owner of record, other than any person or entity who caused the contamination, of NPL property subject to restoration.
Miss. Code Ann. § 49-15-100 — MS Code / Title 49 / Chapter 3 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

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

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

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 4 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-17-509 — MS Code / Title 49 / Chapter 10 / Section 17-509
Miss. Code Ann. § 49-17-509
Status: in_force

(1) The commission shall adopt regulations for accreditation of lead-based paint activity training programs. Accredited training programs shall ensure the availability of, and provide adequate facilities for, the delivery of lectures, course tests, hands-on training and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed. The training program shall offer courses which teach work practice standards for conducting lead-based paint activities as adopted by the United States Environmental Protection Agency or the commission under Sections 49-17-501 through 49-17-531 . These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for. The commission also may adopt accreditation requirements for training programs providing refresher training programs.

(2) The commission shall adopt regulations establishing work practice standards for performing lead-based paint activities in target housing and child-occupied facilities. These standards may include appropriate documented methodologies, clearance levels and requirements for lead hazard screens, risk assessments, abatement activities, renovation activities, sample collection and analysis and record keeping. Beginning on August 31, 1998, all lead-based paint activities shall be performed in accordance with work practice standards adopted under Sections 49-17-501 through 49-17-531 . The commission shall implement a compliance monitoring program to ensure compliance with the work practice standards.

(3) The commission shall adopt regulations for certification of lead-based paint risk assessors, project designers, renovators, dust sampling technicians, supervisors, inspectors and workers.

(4) Applicants for the issuance or reissuance of certificates required under Sections 49-17-511 through 49-17-519 shall submit to the commission, on forms prepared by the commission, an application. In addition, the applicant shall submit documentation deemed appropriate by the commission providing the educational background and demonstrating satisfactory completion of the applicable training programs and shall pay the applicable fee.

(5) The commission shall require certificates issued under Sections 49-17-511 through 49-17-521 to be reissued annually.

(6) Except as otherwise required by Sections 49-17-501 through 49-17-531 , regulations adopted under Sections 49-17-501 through 49-17-531 shall be no more stringent than federal regulations for lead-based paint activities.

(7) Sections 49-17-501 through 49-17-531 do not apply to a person who is performing lead-based paint activities or abatement of lead-based paint hazards or renovation in a residential dwelling owned by that person, unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level.
Miss. Code Ann. § 49-13-11 — MS Code / Title 49 / Chapter 13 / 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. § 49-15-207 — MS Code / Title 49 / Chapter 10 / Section 15-207
Miss. Code Ann. § 49-15-207
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 49-15-21 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 49-15-201(2) .

(3) If the 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 laws under the jurisdiction of the Department of Marine Resources;

(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 49-15-205 .

(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 49-15-201 .
Miss. Code Ann. § 49-15-45 — MS Code / Title 49 / Chapter 2 / Section 15-45
Miss. Code Ann. § 49-15-45
Status: reserved

Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such department relating to such oyster reefs.
Miss. Code Ann. § 49-15-201 — MS Code / Title 49 / Chapter 1 / Section 15-201
Miss. Code Ann. § 49-15-201
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , when any property is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly. The seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lien holders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. No property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

(2) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972 . A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Department of Marine Resources or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lien holder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Department of Marine Resources or the local law enforcement agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi, then the Department of Marine Resources or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972 , as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make inquiry as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(7) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Department of Marine Resources or the local law enforcement agency shall cause any record owner and also any lien holder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(9) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Department of Marine Resources or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972 , and shall be served as provided in Section 11-33-37, Mississippi Code of 1972 , for publication of notice for attachments at law.

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 7 / Section 19-31
Miss. Code Ann. § 49-19-31
Status: in_force

(1) There is hereby created a Joint Study Committee on Forestry in Mississippi. The committee shall study and make recommendations, including recommended legislation regarding the Forestry Commission, coordination of forestry policy, the coordination of overlapping conservation practices by state agencies, the seedling shortage and other matters related to the forestry industry.

(2) The committee shall be composed of the following members:

(a) The Chairman of the Senate Forestry Committee, Chairman of the Senate Agriculture Committee, and two (2) members of the forestry committee appointed by the Lieutenant Governor.

(b) The Chairman of the House Agriculture Committee and three (3) members of the agriculture committee appointed by the Speaker of the House of Representatives.

(c) The Chairman of the Senate Forestry Committee and the Chairman of the House Agriculture Committee shall serve as co-chairs of the committee.

(3) The members of the joint committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session and shall obtain the approval of their respective management committees for per diem and travel expense expenditures of the committee.

(4) The committee shall utilize clerical and legal staff employed by the Legislature and may utilize any assistance made available to it by any state agency.

(5) Upon presentation of its final report the committee shall be dissolved.
Miss. Code Ann. § 49-19-121 — MS Code / Title 49 / Chapter 7 / Section 19-121
Miss. Code Ann. § 49-19-121
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the Camden State Forest Revolving Fund. The revolving fund shall be funded by monies received from timber sales, leases, and any other source, and monies collected from these income sources shall be deposited into the revolving fund. Monies in the fund shall be used by the State Forestry Commission, upon appropriation of by the Legislature, to direct forest management activities on the Camden State Forest in Madison County, Mississippi. The forest management activities will include, but not be limited to, maintenance of property, timber sale activities and regeneration work.

(2) The State Treasurer shall make disbursements from the revolving fund for payments of materials, supplies and labor upon requisition of the commission and upon the issuance of warrants therefor by the Department of Finance and Administration.

(3) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-7-30 — MS Code / Title 49 / Chapter 6 / Section 7-30
Miss. Code Ann. § 49-7-30
Status: in_force

The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.
Miss. Code Ann. § 49-31-7 — MS Code / Title 49 / Chapter 18 / 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. § 49-5-51 — MS Code / Title 49 / Chapter 2 / Section 5-51
Miss. Code Ann. § 49-5-51
Status: in_force

All moneys collected as fines or penalties for violations of the provisions of this chapter, or any law or regulation for the protection of wild animals, birds, or fish shall be paid over by the court, justice court judge, or other office collecting or receiving the fines or penalties to the county having jurisdiction over the violations as provided by law.
Miss. Code Ann. § 49-33-17 — MS Code / Title 49 / Chapter 21 / Section 33-17
Miss. Code Ann. § 49-33-17
Status: in_force

All the provisions of this chapter are subject to Sections 11-46-1 et seq., 49-2-9 , 49-2-13 , 49-17-17 , 17-17-1 , 41-67-3 and 41-67-15, Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-155 — MS Code / Title 49 / Chapter 3 / Section 7-155
Miss. Code Ann. § 49-7-155
Status: in_force

(1) The commission is hereby authorized to establish a fund to be known as the Wildlife Endowment Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The department shall deposit all proceeds from the sale of lifetime licenses into such fund. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund. The commission shall invest the assets of the fund as provided by law.

(2) The assets of the Wildlife Endowment Fund shall be derived from the proceeds of the sale of lifetime licenses authorized under Sections 49-7-151 through 49-7-155 . The following limitations are placed on expenditures from the fund:

(a) No expenditure shall be made from the principal of the Wildlife Endowment Fund;

(b) The income earned and accruing from the investment of the Wildlife Endowment Fund shall be spent only in furthering the conservation of wildlife resources and the operations of the department in accomplishing the purposes of the department.