Miss. Code Ann. § 49-17-17 — MS Code / Title 49 / Chapter 2 / Section 17-17
Miss. Code Ann. § 49-17-17
Status: in_force

The commission shall have and may exercise the following powers and duties:

(a) General supervision of the administration and enforcement of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47 , and all rules and regulations and orders promulgated thereunder;

(b) To develop comprehensive programs for the prevention, control and abatement of new or existing pollution of the air and waters of the state;

(c) To advise, consult, cooperate, or enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, other states and interstate agencies, or any public or private institution located inside or outside the State of Mississippi, and with affected groups, political subdivisions, and industries in furtherance of carrying out the provisions of Sections 49-17-1 through 49-17-43 and shall have the authority to enter into compacts with any other state or states for the purpose of achieving the objectives of such sections with respect to air and waters, or to authorize the executive director with the approval of the commission to exercise any of the aforementioned powers;

(d) To administer funds allocated to the state's water and air pollution abatement grant program, to accept and administer loans and grants from the federal government and from other sources, public or private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided;

(e) To encourage, participate in, or conduct studies, investigations, research and demonstrations relating to air and water quality and pollution and causes, prevention, control and abatement as it may deem advisable and necessary for the discharge of its duties under Sections 49-17-1 through 49-17-43 ; to make funds available from the water pollution abatement grant fund by means of advances to political subdivisions in this state in an amount not to exceed one percent (1%) of the estimated project cost as approved by and under such rules and regulations as adopted by the commission for the preparation of project planning reports and feasibility analyses; and to exercise such supervision as it may deem advisable and necessary for the discharge of its duties under Sections 49-17-1 through 49-17-43 ;

(f) To require the repayment of funds made available to a political subdivision under subsection (e) above to the water pollution abatement grant fund prior to the receipt of any other funds by any political subdivision providing services to the area and receiving funds provided under Sections 49-17-1 through 49-17-43 ; any funds made available to any political subdivisions providing services to the area and receiving funds under the provisions of said sections shall be repaid in the same manner as are other funds made available to the political subdivisions under the provisions of said sections;

(g) To collect and disseminate information relating to air and water quality and pollution and the prevention, control, supervision and abatement thereof;

(h) To adopt, modify or repeal and promulgate ambient air and water quality standards and emissions standards for the state under such conditions as the commission may prescribe for the prevention, control and abatement of pollution;

(i) 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 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47 , and as the commission may deem necessary to prevent, control and abate existing or potential pollution;

(j) To issue, modify, or revoke orders (1) prohibiting, controlling or abating discharges of contaminants and wastes into the air and waters of the state; (2) requiring the construction of new disposal systems, or air-cleaning devices, or any parts thereof or the modification, extension or alteration of existing disposal systems, or air-cleaning devices, or any parts thereof, or the adoption of other remedial measures to prevent, control or abate air and water pollution; and (3) setting standards of air or water quality or evidencing any other determination by the commission under Sections 49-17-1 through 49-17-43 ;

(k) To hold such hearings, to issue notices of hearing and subpoenas requiring the attendance of such witnesses and the production of such evidence, to administer oaths, and to take such testimony as the commission deems necessary;

(l) To require the prior submission of plans, specifications and other data relative to, and to inspect the construction of, disposal systems, or air-cleaning devices, or any part thereof, in connection with the issuance of such permits or approval as are required by Sections 49-17-1 through 49-17-43 ;

(m) To require proper maintenance and operation of disposal systems, or air-cleaning devices; and to require the installation and operation of monitoring devices or methods as may be deemed necessary and the maintenance and submission of monitoring and operating records as may be prescribed;

(n) To exercise all incidental powers necessary to carry out the purposes of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47 ; and

(o) To delegate in such manner as it sees fit the duties and powers relating to air and water quality and pollution control to the agency members presently engaged in the several fields of water or air control or pollution. In cases of difference of opinion between such agencies as to their respective field of operation, the commission shall delegate said responsibility to the proper agency, and the commission's action therein shall be final.

Nothing contained in this section shall be deemed to grant to the commission any jurisdiction or authority to make any rule or regulation, recommendation or determination or to enter any order with respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or shops or to affect the relations between employers and employees with respect to or arising out of any air condition.
Miss. Code Ann. § 49-15-47 — MS Code / Title 49 / Chapter 5 / Section 15-47
Miss. Code Ann. § 49-15-47
Status: in_force

(1) It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.

(2) Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall:

(a) Be used only for the purpose intended.

(b) Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.

(c) Be emptied only into an approved sewage disposal system.

(d) Be cleaned before being returned to the vessel.

(e) Not be cleaned with equipment used for washing or processing food.

(3) The use of other receptacles for sewage disposal may be approved by the department if the receptacles are:

(a) Constructed of impervious, cleanable materials and have tight-fitting lids; and

(b) Meet the requirements listed in subsection (2).

(4) Any person, firm or corporation violating the provisions of this chapter, shall, on conviction, be fined not less than Five Thousand Dollars ($5,000.00), and the license of the convicted party shall be revoked for one (1) year. For conviction of a second offense, the fine shall be not less than Ten Thousand Dollars ($10,000.00), and the license of the convicted party shall be revoked for two (2) years. For a conviction of a third offense, the fine shall be not less than One Hundred Thousand Dollars ($100,000.00), and the license of the convicted party shall be permanently revoked.

(5) Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 11 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-17-433 — MS Code / Title 49 / Chapter 1 / 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. § 49-27-3 — MS Code / Title 49 / Chapter 1 / Section 27-3
Miss. Code Ann. § 49-27-3
Status: in_force

It is declared to be the public policy of this state to favor the preservation of the natural state of the coastal wetlands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific coastal wetlands would serve a higher public interest in compliance with the public purposes of the public trust in which coastal wetlands are held.
Miss. Code Ann. § 49-23-11 — MS Code / Title 49 / Chapter 15 / Section 23-11
Miss. Code Ann. § 49-23-11
Status: in_force

(1) No sign, other than signs described in paragraphs (1)(b), (c) and (f) of Section 49-23-5 , may be erected without first obtaining a permit from the department, which application for a permit shall be on a form provided by the department and shall contain such information as the department may reasonably require. Upon receipt of an application containing all required information in due form and appropriately executed, and upon payment of the required permit fee, the department shall within ten (10) days thereof issue a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of Sections 49-23-1 through 49-23-29 .

(2) An initial permit fee of Eighty-five Dollars ($85.00) for each applicant, regardless of the number of signs at a single site, shall be charged by the Mississippi Department of Transportation for a sign permit initially issued to an applicant after June 30, 1995. An initial permit fee is valid for a period of twelve (12) months and may be renewed annually upon payment by the permittee to the department of a fee of Twenty Dollars ($20.00) per site.

(3) Trees, bushes and vegetation growing at or near permitted sites may be cleared or removed by a permittee, his employee or contractor upon application made to and approved by the department. The department shall charge a permittee a vegetation clearance fee of Fifty Dollars ($50.00) per site each time that the department authorizes vegetation clearance. The commission shall provide for a permitting process in its rules and regulations. Regardless of any rule or regulation to the contrary, the department shall issue a vegetation clearance permit if such is sought for the purpose of reducing the height above road grade of a sign erected prior to July 1, 2003, to forty (40) feet.

(4) Exempt from the payment of any fees under the provisions of subsection (2) or (3) of this section are:

(a) Small business signs. A sign is a small business sign if:

(i) The sign advertises a service or product offered by a business;

(ii) The sign is not located on the premises of the business that offers the product or service;

(iii) The sign does not exceed thirty-two (32) square feet;

(iv) The sign is owned, not leased, by the owner of the business that offers the product or service;

(v) The only information that appears on the sign consists of the product or service that is offered by the business and the name and location of the business; and

(vi) The business that offers the product or service is located at a single site, is operated by the owner and employs no more than two (2) individuals, excluding family members.

(b) Directional signs, public service signs, public utility signs and other official signs and notices approved under rules and regulations adopted by the Mississippi Transportation Commission.

(c) Signs advertising a product or service available from the same premises where the sign is located.

(5) Nothing contained in this section shall be construed to limit in any way the authority of any municipality in which the sign is to be erected, to require a permit from the municipality to be obtained, and the payment of a reasonable permit fee in addition to the fee imposed under this section. However, the governing authorities of any municipality or the board of supervisors of any county may not annually, regularly or intermittently impose any fee or privilege license on any business for its sign or signs that are lawfully located on the business' property and that are lawfully used for the purpose of advertising such business, its products or services. The governing authorities of any municipality or the board of supervisors of any county may impose an initial, reasonable fee on a business for the purpose of ensuring compliance of such sign and the installation thereof with such governing authority's lawful zoning requirements, public safety requirements or sign restrictions, but, under no circumstances may the governing authorities of any municipality or the board of supervisors of any county impose any fee or privilege license on any business for any lawful sign located within the interior of a business.

(6) The money received from the fees paid under this section to the department shall be deposited in the State Highway Maintenance Fund and may be expended, upon legislative appropriation, for any purpose for which other monies in such fund may be expended.
Miss. Code Ann. § 49-7-301 — MS Code / Title 49 / Chapter 1 / Section 7-301
Miss. Code Ann. § 49-7-301
Status: in_force

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

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

(3) When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.
Miss. Code Ann. § 49-23-25 — MS Code / Title 49 / Chapter 9 / Section 23-25
Miss. Code Ann. § 49-23-25
Status: in_force

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Miss. Code Ann. § 49-28-7 — MS Code / Title 49 / Chapter 25 / Section 28-7
Miss. Code Ann. § 49-28-7
Status: in_force

(1) A certified copy of the adopted resolution shall be published in a newspaper having a general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date specified in the resolution as the date upon which the board of supervisors intends to create the district. The first publication of the notice shall be made not less than twenty-one (21) days before the date specified, and the last publication shall be made not more than seven (7) days before the date.

(2) If twenty percent (20%) or one hundred fifty (150), whichever is less, of the qualified electors of the county residing within the proposed district file a written petition with the board of supervisors on or before the date specified in the resolution under subsection 1 of this section protesting the creation of the district, the board of supervisors shall call an election on the question of the creation of the district. The election shall be held and conducted by the election commissioners of the county, as far as is practicable in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county reside within the proposed district, and only those qualified electors as reside within the proposed district shall be entitled to vote in the election. Notice of the election setting forth the time, place or places, and purpose of the election shall be published by the clerk of the board of supervisors. The notice shall be published for the time and in the manner provided in Section 49-28-5 for the publication of the resolution of intent. The ballot to be prepared for and used at the election shall be in substantially the following form:

“FOR CREATION OF __________ DISTRICT: ( )

AGAINST CREATION OF __________ DISTRICT: ( ).”

Voters shall vote by placing a cross mark (x) or check mark (✓) opposite their choice.
Miss. Code Ann. § 49-19-201 — MS Code / Title 49 / Chapter 6 / Section 19-201
Miss. Code Ann. § 49-19-201
Status: in_force

Sections 49-19-201 through 49-19-227 shall be cited as the “Forest Resource Development Law of 1974”.
Miss. Code Ann. § 49-28-11 — MS Code / Title 49 / Chapter 27 / Section 28-11
Miss. Code Ann. § 49-28-11
Status: in_force

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Miss. Code Ann. § 49-17-501 — MS Code / Title 49 / Chapter 5 / Section 17-501
Miss. Code Ann. § 49-17-501
Status: in_force

Sections 49-17-501 through 49-17-531 shall be known as and may be cited as the “Lead-Based Paint Activity Accreditation and Certification Act.”
Miss. Code Ann. § 49-19-215 — MS Code / Title 49 / Chapter 6 / Section 19-215
Miss. Code Ann. § 49-19-215
Status: in_force

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

(2) The commission shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections 49-19-201 through 49-19-227 .
Miss. Code Ann. § 49-28-27 — MS Code / Title 49 / Chapter 11 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

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

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

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-28-29 — MS Code / Title 49 / Chapter 4 / Section 28-29
Miss. Code Ann. § 49-28-29
Status: in_force

In addition to the sources of funding provided for in Sections 49-28-1 through 49-28-27 , the board of commissioners, if approved by the board of supervisors in the resolution creating the district, may levy and collect special assessments on certain property located in the district to provide funds for the purposes for which bonds may be issued under Sections 49-28-23 and 49-28-25 . The board of commissioners may pledge the receipts from the special assessments to secure the payment of the principal of, premium, if any, and interest on any bonds authorized to be issued under this chapter. Special assessments may be levied on the property within the boundaries of the district at the time the special assessments are levied. Any special assessments authorized under this section shall be levied and collected in the manner provided in Chapter 41, Title 21, Mississippi Code of 1972 . The board may secure bonds of the district solely from the receipts of special assessments, or may pledge such receipts in addition to the pledge of receipts from any tax levy authorized in this chapter, or from any combination of monies from the special assessments and tax levies. Bonds issued under Section 49-28-23 or Section 49-28-25 shall be payable as to principal, premium, if any, and interest solely from the sources authorized in this chapter.
Miss. Code Ann. § 49-15-78 — MS Code / Title 49 / Chapter 4 / Section 15-78
Miss. Code Ann. § 49-15-78
Status: in_force

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

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

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

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

(2) A violation of this section is punishable by the penalties provided in Section 49-15-100 .
Miss. Code Ann. § 49-17-419 — MS Code / Title 49 / Chapter 13 / Section 17-419
Miss. Code Ann. § 49-17-419
Status: in_force

Nothing contained in the Mississippi Underground Storage Tanks Act of 1988 ( Sections 49-17-401 through 49-17-433 ) shall prevent the commission from requiring any owner of an underground storage tank from taking timely and effective corrective action.

The commission may use the Pollution Emergency Fund for emergency or remedial cleanup of underground storage tank leaks when the tank owner will not take timely and effective action. In the event of the necessity for such immediate remedial or cleanup action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission from the tank owner.
Miss. Code Ann. § 49-2-91 — MS Code / Title 49 / Chapter 1 / Section 2-91
Miss. Code Ann. § 49-2-91
Status: in_force

(a)(i) A special fund, to be designated as the “2022 Tate County--Erosion Control and Repair Fund,” is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.

(ii) Monies deposited into the fund shall be disbursed, in the discretion of the Department of Environmental Quality, to assist Tate County, Mississippi, in paying costs associated with ditch erosion control, repair and rehabilitation along and near the project described in Section 27-104-301(2)(mm), Mississippi Code of 1972 , and on property located along and near such project, including, but not limited to, creation of detention areas along ditches, replacement of drainage structures along ditches, rock stabilization at downstream ends of ditches and reestablishing vegetative cover on all disturbed areas.

(b) Amounts deposited into such special fund shall be disbursed to pay the costs of the projects described in paragraph (a) of this section.
Miss. Code Ann. § 49-5-35 — MS Code / Title 49 / Chapter 4 / Section 5-35
Miss. Code Ann. § 49-5-35
Status: in_force

The department is authorized to cooperate with the United States Bureau of Biological Survey in the taking, killing and destruction of predatory animals within the state that are destructive to game birds, animals and livestock. The department may pay its proportionate share of the salary and expenses of the designated representative of the Bureau of Biological Survey out of any funds to the credit of the Fisheries and Wildlife Fund for the purpose of carrying out this section.
Miss. Code Ann. § 49-15-43 — MS Code / Title 49 / Chapter 6 / Section 15-43
Miss. Code Ann. § 49-15-43
Status: repealed

Oysters for sale either wholesale or retail may be packaged in glass jars covered with a screw-type top or lid of the type customarily and heretofore used in the seafood industry in the State of Mississippi, but this section shall automatically be repealed if and when such type packaging becomes prohibited by any agency of the United States Government for shipment in interstate commerce.
Miss. Code Ann. § 49-23-7 — MS Code / Title 49 / Chapter 19 / Section 23-7
Miss. Code Ann. § 49-23-7
Status: in_force

The State Highway Commission is hereby authorized to promulgate regulations governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections (a), (d) and (e) of Section 49-23-5 , consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in Section 49-23-1 , and consistent with the national standards promulgated by the secretary of commerce pursuant to Title 23, United States Code, provided that such regulations shall not contain any definition more restrictive than those set forth in Section 49-23-3 ; nor shall they be more restrictive than the provisions set forth in Section 49-23-9 .
Miss. Code Ann. § 49-7-151 — MS Code / Title 49 / Chapter 7 / Section 7-151
Miss. Code Ann. § 49-7-151
Status: in_force

Recognizing the inestimable importance to the state and its citizens of conserving the wildlife resources of Mississippi and recognizing the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the Legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund.
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 17 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

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

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

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-5-99 — MS Code / Title 49 / Chapter 1 / Section 5-99
Miss. Code Ann. § 49-5-99
Status: in_force

(1) Subject to existing rights, lands managed by the Commission on Wildlife, Fisheries and Parks shall be open to access and use for recreational hunting except as limited by the commission for reasons of public safety, homeland security, or as otherwise limited by law.

(2) The commission shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting opportunities to the extent authorized by law.

(3) The commission is not required to give preference to hunting over other uses or priorities established by state law.

(4) To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of any acreage available for hunting opportunities that exists on July 1, 2006.

(5) Before January 1 of each year, the commission shall submit to the chairmen of the respective wildlife committees in each house a written report containing:

(a) The acreage managed by the commission that has been closed to recreational hunting during the previous year and the reasons for the closures; and

(b) The acreage managed by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year.
Miss. Code Ann. § 49-5-109 — MS Code / Title 49 / Chapter 4 / Section 5-109
Miss. Code Ann. § 49-5-109
Status: in_force

(a) On the basis of investigations on nongame wildlife provided for in Section 49-5-107 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than one (1) year after July 1, 1974 the commission shall by regulation propose a list of those species and subspecies of wildlife indigenous to the state which are determined to be endangered within this state, giving their common and scientific names by species and subspecies. Such regulation shall become effective sixty (60) days after being proposed during which period public comment shall be solicited and received. The Commission may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing, the commission may add to such proposed list additional species or subspecies which are determined to be endangered within the state or delete therefrom such species or subspecies which are determined not to be endangered within the state.

(b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter and may amend the list by such additions or deletions as are deemed appropriate. The commission shall submit to the Governor a summary report of the data used in support of all amendments to the state list during the preceding biennium.

(c) Except as otherwise provided in Sections 49-5-101 through 49-5-119 , it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship, and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on any of the following lists: (1) the list of wildlife indigenous to the state determined to be endangered within the state pursuant to subsection (a); (2) the United States' List of Endangered Native Fish and Wildlife as it appears on July 1, 1974 ( Part 17 of Title 50, Code of Federal Regulations , Appendix D); and (3) the United States' List of Endangered Foreign Fish and Wildlife ( Part 17 of Title 50, Code of Federal Regulations , Appendix A), as such list may be modified hereafter; provided, that any species or subspecies of wildlife appearing on any of the foregoing lists which enters the state from another state or from a point outside the territorial limits of the United States and which is transported across the state destined for a point beyond the state may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(d) In the event the United States' List of Endangered Native Fish and Wildlife is modified subsequent to July 1, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding under subsection (c) if, after the type of scientific determination described in subsection (a), the commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 33 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-7-20.1 — MS Code / Title 49 / Chapter 4 / Section 7-20.1
Miss. Code Ann. § 49-7-20.1
Status: in_force

(1)(a) To reduce hunting accidents of children under license age, to protect the safety of these children and to promote hunter safety, a child at least twelve (12) years of age and under sixteen (16) years of age must have a certificate of satisfactory completion of a hunter education course approved by the department before hunting in this state.

(b) A child at least twelve (12) years of age and under sixteen (16) years of age may hunt without having the certificate of hunter education required under this subsection if the child is in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when hunting.

(2) A child under the age of twelve (12) must be in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when the child is hunting.

(3) A licensed hunter supervising a child as provided in this section must hold a valid Mississippi license for the species being hunted.

(4) There is no penalty for a violation of this section, but to protect the safety of the child a conservation officer may require the child to end the hunt and may unload the firearm and may take the firearm and the child to an adult.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 17 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-17-101 — MS Code / Title 49 / Chapter 10 / Section 17-101
Miss. Code Ann. § 49-17-101
Status: in_force

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

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

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

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

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

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

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

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

(8) “Board” shall mean the Mississippi Agricultural and Industrial Board.
Miss. Code Ann. § 49-19-117 — MS Code / Title 49 / Chapter 8 / 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. § 49-9-11 — MS Code / Title 49 / Chapter 9 / Section 9-11
Miss. Code Ann. § 49-9-11
Status: in_force

The executive director shall keep a record of all applications and licenses issued by him and on the first day of each month shall deposit all monies collected under this chapter into the Game and Fish Protection fund. All monies thus collected and deposited shall be used to administer the mussel program by the department and the executive director for the enforcement of this chapter, and the game and fish laws of this state, for propagation and for biological investigation, and such other investigations as may be necessary.
Miss. Code Ann. § 49-27-5 — MS Code / Title 49 / Chapter 13 / 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. § 49-19-117 — MS Code / Title 49 / Chapter 18 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

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

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

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-7-41 — MS Code / Title 49 / Chapter 1 / Section 7-41
Miss. Code Ann. § 49-7-41
Status: in_force

(1) The commission may set the bag limits for game animals, birds and fish, unless the bag limits are established by the Legislature by statute.

(2) The commission shall have plenary authority to set the bag limits for white-tailed deer, and promulgate any regulations necessary to facilitate the exercise of that authority, consistent with best management practices, scientific data and subject to all existing applicable laws, rules and regulations of this state or the United States of America.

(3) The bag limit on antlerless deer set by the commission as authorized in this section shall not apply to private lands under the deer management assistance program or the fee-based antlerless program as approved by the department.
Miss. Code Ann. § 49-27-4 — MS Code / Title 49 / Chapter 25 / 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. § 49-23-21 — MS Code / Title 49 / Chapter 10 / Section 23-21
Miss. Code Ann. § 49-23-21
Status: in_force

In addition to the remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of 1972 , and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Miss. Code Ann. § 49-17-37 — MS Code / Title 49 / Chapter 1 / Section 17-37
Miss. Code Ann. § 49-17-37
Status: in_force

All hearings before the commission shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcription upon order of the commission or any interested party, but in the event that the request for transcription originates with an interested party, such party shall pay the cost thereof.
Miss. Code Ann. § 49-15-29 — MS Code / Title 49 / Chapter 1 / Section 15-29
Miss. Code Ann. § 49-15-29
Status: in_force

(1) The department shall assess and collect license fees and taxes as authorized under this chapter.

(2) All commercial licenses provided for under this chapter that relate to seafood shall be purchased from May 1 through April 30 at the fees provided in this chapter. The licenses shall expire on April 30 following the date of issuance.

(3) When an application for an original or renewal license of any kind authorized by this chapter is received by the department, the department shall determine whether the vessel or related equipment subject to that license is owned and operated in compliance with applicable federal and state laws. If the department determines that a vessel or its owner is not in compliance with applicable federal and state laws, then no license shall be issued or renewed for the operation of that vessel for a period of one (1) year. All licenses shall be made available for purchase at any building which is regularly operated by the department on the Mississippi Gulf Coast.

(4) The department may authorize any person, other than a salaried employee of the state to issue any license under this chapter which the department deems appropriate. The authorized person may collect and retain for issuance of the license the sum of One Dollar ($1.00) in addition to the license fee provided in this chapter. The department shall establish the qualifications of persons authorized to issue licenses under this section and shall also establish the procedure for the issuance of that license by the authorized person and the procedure for collection of license fees by and from the authorized person.

(5) The department may design, establish, and administer a program to provide for the purchase, by electronic means, of any license, permit, registration or reservation issued by the department. Any actual costs associated to provide these documents electronically may be added to the cost of the electronic program.
Miss. Code Ann. § 49-17-14 — MS Code / Title 49 / Chapter 2 / Section 17-14
Miss. Code Ann. § 49-17-14
Status: in_force

(1) “ Title V program ” means, as used in Sections 49-17-1 through 49-17-45 , the air operating permit program mandated in Title V of the 1990 amendments to the federal Clean Air Act, codified in 42 USCS Section 7661, et seq.

(2) There is created in the State Treasury a fund to be designated as the “Air Operating Permit Program Fee Trust Fund,” referred to hereinafter as the “fund.”

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

(4) The fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations and judicial actions.

(5) To facilitate the proper administration of the fund, the commission is authorized to promulgate rules and regulations for the administration of the fund.

(6) The commission shall expend or utilize monies in the fund by an annual appropriation approved by the Legislature to pay all reasonable direct and indirect costs associated with the development and administration of the Title V program including, but not limited to, the reasonable costs of the following activities as they relate to the Title V program:

(a) Preparing generally applicable regulations or guidance regarding the permit program or its implementation or enforcement;

(b) Reviewing and acting on any application for a permit, permit modification or permit renewal, including the development of an applicable requirement as part of the processing of a permit, or permit modification or renewal;

(c) Administering the permit program, including the supporting and tracking of permit applications, compliance certification, and related data entry;

(d) Implementing and enforcing the terms of any Title V permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program;

(e) Emissions and ambient monitoring;

(f) Modeling, analyses, or demonstrations;

(g) Preparing inventories and tracking emissions;

(h) Providing direct and indirect support to sources under the Small Business Stationary Source Technical and Environmental Compliance Assistance Program under Section 507 of the federal Clean Air Act in determining and meeting their obligations under this section; and

(i) Providing funding to the Advisory Council created in Section 49-17-16 in an amount reasonably sufficient to meet the Advisory Council's obligations under Sections 49-17-1 through 49-17-45 .

(7) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year. If the fund balance at the end of the fiscal year exceeds thirty-three percent (33%) of the projected annual costs of administering the program, the assessment rates may be adjusted to reduce the future projected fund balance. If necessary, the assessment rates shall be adjusted during the setting of the next fee schedule.

(8) At no time shall a fee be assessed that results in a projected ending fund balance of more than the current annual cost of administering the Title V program.

(9) No such fees shall be utilized by the Department of Environmental Quality or any other person for any purpose or purposes other than those purposes required by Sections 49-17-1 through 49-17-45 , as they relate to the Title V program.
Miss. Code Ann. § 49-31-11 — MS Code / Title 49 / Chapter 6 / 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. § 49-35-27 — MS Code / Title 49 / Chapter 7 / Section 35-27
Miss. Code Ann. § 49-35-27
Status: in_force

(1) Before January 1 of each year, the department shall report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and the Chairman of the House Conservation and Water Resources Committee on the status of the implementation of the Mississippi Brownfields Voluntary Cleanup and Redevelopment Program. The report shall include a list of all brownfield parties and brownfield agreement sites participating in the program, a map showing the location of sites, a brief description of the brownfield agreement for each site, including the location of the site, the agreement implementation status of each site and to the extent practicable, information on the redevelopment or reuse of each site. The report annually shall highlight those sites included in the program since the last annual report. If determined more practicable, the department may include the contents of this report in its annual report.

(2) Before January 1, 1999, the department shall conduct a survey of incentive programs in other states for cleanup of contaminated sites. Based on the survey, the department shall make recommendations regarding programs which it believes would be beneficial to encourage the cleanup of uncontrolled sites in this state. The department shall include the results of its survey and its recommendations in the report required under subsection (1) of this section.
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 27 / 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. § 49-31-9 — MS Code / Title 49 / Chapter 7 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

For purposes of this chapter the following terms shall have the meanings ascribed to them in this section or in Section 17-17-3 unless the context clearly indicates otherwise:

(a) “Department” means the Department of Environmental Quality.

(b) “EPCRA” means the Emergency Planning and Community Right-To-Know Act, Public Law 99-499 , as amended.

(c) “Facility operator” means an operator of a facility required to file a report of toxic chemical releases under Section 313 of EPCRA.

(d) “Generator” means any person whose act or process produces waste.

(e) “Multimedia” means all environmental media including, but not limited to air, water and land.

(f) “Pollution prevention” means any action taken by business, industry, government or individual consumers to conserve natural resources while providing and using needed products in a manner that prevents or reduces the generation, disposal or release of pollutants to the environment. Pollution prevention does not include dewatering, dilution or evaporation before handling, release, storage, treatment or disposal of hazardous waste.

(g) “Recovered materials” means those materials having known recycling potential, which can be feasibly recycled and have been diverted or removed from the waste stream for sale, use or reuse, by separation, collection or processing.

(h) “Recyclable materials” means those materials which are reasonably capable of being recycled and which would otherwise be processed or disposed of as waste.

(i) “Recycling” means the use, reuse or reclamation of a waste. Recycling does not include the burning of waste as a fuel for the recovery of energy or the use of waste treatment technologies.

(j) “Waste” means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid or other substances which may pollute the lands, waters or air of the state.

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 10 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

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

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

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 9 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-19-203 — MS Code / Title 49 / Chapter 18 / Section 19-203
Miss. Code Ann. § 49-19-203
Status: in_force

The legislature of the State of Mississippi recognizes that the growing demands on forests and related land resources cannot be met by intensive management of public lands and industrial forests alone, and declares that the development of forest resources on poorly stocked, idle and poorly managed lands in Mississippi is needed to insure that Mississippi shall continue to develop its forest economy.

The legislature declares the development of forest resources on suitable lands to be a public policy of the State of Mississippi. The legislature is mindful, in stating this policy, that continuous timber growth of commercially valuable species for needed forest products is in the public interest, and that such growth can be attained, to a considerable degree, by making financial assistance available to private non-industrial landowners for developing forest resources on desirable and suitable sites.
Miss. Code Ann. § 49-27-1 — MS Code / Title 49 / Chapter 25 / Section 27-1
Miss. Code Ann. § 49-27-1
Status: in_force

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
Miss. Code Ann. § 49-5-153 — MS Code / Title 49 / Chapter 2 / Section 5-153
Miss. Code Ann. § 49-5-153
Status: in_force

(1) The owner of any natural area on the registry may, if the commission so agrees, register the natural area by executing a voluntary agreement with the commission for the owner to manage and protect the natural area according to the rules and regulations promulgated by the commission and to give the commission first option to purchase the natural area. If the owner agrees to register the area, he shall be given a certificate of registration and shall be committed to manage the area according to the terms of the agreement with the commission. The agreement may be terminated by either party after thirty (30) days written notice. The owner, upon termination, shall surrender the certificate; provided, however, the first option to purchase shall remain with the commission unless the commission shall relinquish the option in writing.

(2) 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 registered according to this section.
Miss. Code Ann. § 49-17-34 — MS Code / Title 49 / Chapter 1 / Section 17-34
Miss. Code Ann. § 49-17-34
Status: in_force

(1) Within fifteen (15) days after receipt by the Department of Environmental Quality an application for any initial or modified air or water permit required under the Mississippi Air and Water Pollution Control Law that is submitted after April 16, 1993 the Department of Environmental Quality shall acknowledge in writing receipt of such application. Except for good cause shown, within forty-five (45) days after receipt of a permit application, the Department of Environmental Quality shall notify the applicant that the application is complete or of the major components required to complete the application.

(2) All rules, regulations and standards relating to air quality, water quality or air emissions or water discharge standards promulgated by the commission after April 16, 1993 shall be consistent with and shall not exceed the requirements of federal statutes and federal regulations, standards, criteria and guidance relating to air quality, water quality or air emission or water discharge standards that have been duly promulgated pursuant to the federal Administrative Procedures Act, including but not limited to the identity and scope of air pollutants included as air toxics or air quality or emission standards, the identity and scope of water pollutants included as water quality or discharge standards and the numerical and narrative limitations of such standards.

(3) If there are no federal statutes or federal regulations, standards, criteria or guidance that have been duly promulgated pursuant to the federal Administrative Procedures Act addressing matters relating to air quality or water quality, or air emission or water discharge standards, the commission may promulgate regulations to address these matters in accordance with the Mississippi Administrative Procedures Act, when the commission determines that such regulations are necessary to protect human health, welfare or the environment.

(4) For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedures Act. “Direct basis” shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.
Miss. Code Ann. § 49-15-3 — MS Code / Title 49 / Chapter 9 / Section 15-3
Miss. Code Ann. § 49-15-3
Status: in_force

As used in this chapter, the term:

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

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

(c) “ Domicile ” means a person's principal or primary place of abode in which a person's habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile in the State of Mississippi shall be on the person claiming that status. A person holding a current driver's license shall be deemed to be domiciled within the state issuing the license. If a person does not hold a current driver's license the following evidence may be considered in establishing, but is not necessarily determinative of domicile: residence for income or other tax purposes, homestead exemption receipt or other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile.

(d) “ Game fish ” means cobia, also known as ling or lemonfish (rachycentron canadum). The cobia is classified as game fish.

(e) “ Illegal oysters ” means:

(i) All untagged shell stock;

(ii) Shell oysters obtained from uncertified shops or dealers or from an unlicensed catcher;

(iii) Oysters obtained from waters not declared safe and sanitary by the department, except those oysters caught by the department for re-laying or under private leases pursuant to Section 49-15-27 ;

(iv) Shucked oysters obtained from uncertified shops or repackers.

(f) “ Inspector ” means the chief inspector, the assistant chief inspector, deputy inspector, bureau director and certified enforcement officer employed by the department.

(g) “ Natural reefs ” means any bottom under the jurisdiction of the department of one or more acres on which oysters grow naturally, or have grown naturally, in a quantity sufficient to warrant commercial fishing as a means of livelihood, or have been used in such a manner within a period of ten (10) years next preceding the time the bottoms may come up for determination by the department.

(h) “ Resident ” means a person, firm or corporation that is domiciled in this state.

(i) “ Seafood ” means all oysters, saltwater fish, saltwater shrimp, diamondback terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi.
Miss. Code Ann. § 49-17-435 — MS Code / Title 49 / Chapter 2 / Section 17-435
Miss. Code Ann. § 49-17-435
Status: in_force

Before November 15 of each year, the department shall report to the appropriate environmental committees of the Senate and House of Representatives on the status of the Underground Storage Tank Program and the Groundwater Protection Trust Fund. The report shall include at a minimum any recommendations for improvement of the program and for ensuring the soundness of the fund and, to the extent practicable, an assessment of any changes in the retail price of motor fuels caused by the environmental protection fee.
Miss. Code Ann. § 49-19-209 — MS Code / Title 49 / Chapter 6 / 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. § 49-15-11 — MS Code / Title 49 / Chapter 11 / Section 15-11
Miss. Code Ann. § 49-15-11
Status: in_force

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

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

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

(a) Office of Coastal Resources Management;

(b) Office of Finance and Administration;

(c) Office of Marine Fisheries;

(d) Office of Marine Patrol; and

(e) Office of Coastal Restoration and Resiliency.

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

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

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

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

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

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

(6) Whenever the terms “ Mississippi Marine Conservation Commission ,” “ Marine Conservation Commission ,” “ Bureau of Marine Resources ” and “ Mississippi Marine Resources Council ” appear in any state law, they shall mean the Mississippi Advisory Commission on Marine Resources, which shall operate only as an advisory commission to the Department of Marine Resources.
Miss. Code Ann. § 49-17-81 — MS Code / Title 49 / Chapter 11 / Section 17-81
Miss. Code Ann. § 49-17-81
Status: in_force

Sections 49-17-81 through 49-17-89 shall be known and cited as the “Mississippi Water Pollution Control Revolving Fund and Emergency Loan Fund Act.”
Miss. Code Ann. § 49-17-505 — MS Code / Title 49 / Chapter 15 / Section 17-505
Miss. Code Ann. § 49-17-505
Status: in_force

For purposes of Sections 49-17-501 through 49-17-531 , the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:

(a) “ Abatement ” means any measure or set of measures designed to permanently eliminate lead-based paint hazards consistent with 745 CFR Section 223 . The term includes, but is not limited to, the removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil and all preparation, cleanup, disposal, and postabatement clearance testing activities associated with those measures. The term does not include renovation, remodeling, landscaping or other activities not designed to permanently eliminate lead-based paint hazards and interim controls, operations and maintenance activities or other activities and measures designed to temporarily, but not permanently reduce lead-based paint hazards.

(b) “ Accredited training program ” means a training program that has been accredited by the commission, United States Environmental Protection Agency (EPA) or EPA-approved lead-based paint program in a state with reciprocity agreements with Mississippi to provide training for individuals engaged in lead-based paint activities.

(c) “ Certificate ” means a document authorizing a person to perform lead-based paint activities as described in Sections 49-17-501 through 49-17-531 .

(d) “ Child-occupied facility ,” as this term applies to abatement activities, means a building, or portion of a building, constructed before 1978, visited regularly by the same child, six (6) years of age or under, on at least two (2) different days within any calendar week, if each day's visit lasts at least three (3) hours, the combined weekly visit lasts at least six (6) hours, and the combined annual visits last at least sixty (60) hours. Child-occupied facilities include, but are not limited to, day care centers, preschools and kindergarten classrooms.

(e) “ Child-occupied facility ,” as this term applies to renovation activities, means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six (6) years of age, on at least two (2) different days within any week, if each day's visit lasts at least three (3) hours and the combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six (6), such as restrooms and cafeterias. Common areas that children under age six (6) only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six (6).

(f) “ Clearance levels ” means the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

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

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

(i) “ Dust sampling technician ” means an individual employed to perform dust clearance sampling.

(j) “ Executive director ” means the Executive Director of the Mississippi Department of Environmental Quality.

(k) “ Firm ” means a company, partnership, corporation, sole proprietorship, association, or other business entity or individual doing business that performs or offers to perform lead-based paint activities. This term also includes a federal, state, tribal, or local government agency, or a nonprofit organization that performs or offers to perform lead-based paint activities.

( l ) “ Inspection ” means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

(m) “ Inspector ” means an individual employed to inspect or reinspect for the presence of lead-based paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement or renovation clearance testing and to prepare inspection reports.

(n) “ Lead-based paint ” means paint or other surface coatings that contain lead equal to or in excess of one (1) milligram per square centimeter or more than one-half of one percent (0.5%) by weight.

( o ) “ Lead-based paint activities ” means inspection, risk assessment, abatement or renovation of target housing or child-occupied facilities.

(p) “ Lead-based paint hazard ” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Administrator of the United States Environmental Protection Agency.

(q) “ Minor repair and maintenance activities ” means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six (6) square feet or less of painted surface per room for interior activities or twenty (20) square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 40 CFR Section 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same thirty (30) days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

(r) “ Person ” means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, firm, association, independent contractor or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.

(s) “ Project designer ” means an individual employed to prepare abatement project designs, occupant protection plans and abatement project reports.

(t) “ Renovation ” means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. The term “ renovation ” includes, but is not limited to: the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity, sanding, scraping or other activities that may generate paint dust); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping); and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation. The term renovation does not include minor repair and maintenance activities.

(u) “ Renovator ” means an individual who either performs or directs or supervises workers who perform renovations. A “ certified renovator ” is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state or tribal program, and has been certified to perform renovations in the State of Mississippi.

(v) “ Residential dwelling ” means a detached single family dwelling unit, including attached structures such as porches and stoops or a single family dwelling unit in a structure that contains more than one (1) separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

(w) “ Risk assessment ” means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the person conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

(x) “ Risk assessor ” means an individual employed to conduct risk assessments and lead hazard screens, to prepare inspection reports and to collect samples for the presence of lead in dust and soil for the purposes of abatement and renovation clearance testing.

(y) “ Supervisor ” means an individual designated by a contractor or certified firm to be responsible for the direction and conduct of lead-based paint abatement activities and to prepare occupant protection plans and abatement reports.

(z) “ Target housing ,” as this term refers to abatements, means any housing constructed before 1978, except housing for the elderly or persons with disabilities [unless any one or more children aged six (6) years or under resides or is expected to reside in that housing for the elderly or persons with disabilities] or any zero-bedroom dwelling.

(aa) “ Target housing ,” as this term refers to renovations, means any housing constructed before 1978, except housing for the elderly or persons with disabilities [unless any one or more children under the age of six (6) years resides or is expected to reside in that housing for the elderly or persons with disabilities] or any zero-bedroom dwelling.

(bb) “ Worker ” means any individual who works on abatements or renovations.
Miss. Code Ann. § 49-15-73 — MS Code / Title 49 / Chapter 11 / 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. § 49-27-21 — MS Code / Title 49 / Chapter 3 / 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. § 49-5-3 — MS Code / Title 49 / Chapter 3 / Section 5-3
Miss. Code Ann. § 49-5-3
Status: in_force

The board of supervisors of any county may add additional territory to any bird and game preserve or sanctuary by an order entered on their minutes defining the boundaries of the same, and such additional territory shall be subject to all the provisions of this chapter.
Miss. Code Ann. § 49-15-80 — MS Code / Title 49 / Chapter 15 / Section 15-80
Miss. Code Ann. § 49-15-80
Status: in_force

(1)(a) All vessels to be used in catching or transporting fish in the waters of the State of Mississippi for commercial purposes shall, before beginning operations, obtain an annual license from the commission and pay a license fee according to the following schedule:

(i) All resident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of One Hundred Dollars ($100.00). All nonresident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of Four Hundred Dollars ($400.00). Each individual engaged in commercial hook and line or gig fishing must obtain a commercial fisherman license subject to the following license fees: One Hundred Dollars ($100.00) for a resident commercial fisherman license; or Four Hundred Dollars ($400.00) for a nonresident commercial fisherman license. If a duly licensed commercial hook and line or gig fishing vessel is engaged in commercial fishing, each individual aboard must possess a commercial fisherman license.

(ii) A resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Four Hundred Dollars ($400.00), on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length.

(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of fish using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.

(2) Each factory or manufacturing establishment engaging in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, shall pay a license fee of Five Hundred Dollars ($500.00).

(3) Each boat or vessel engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi.
Miss. Code Ann. § 49-19-111 — MS Code / Title 49 / Chapter 19 / Section 19-111
Miss. Code Ann. § 49-19-111
Status: in_force

For the purpose of providing assistance to all farm woodland and timber landowners in the state, including private ownership, and to promote the growing, managing and harvesting of timber thereon, and to provide organized forest fire protection in all counties, and to encourage the production and growth of timber on all lands suitable therefor, and for the better management thereof, and to encourage greater private ownership and promote forest education and timber management and forest fire control, the State Forestry Commission is hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117 .
Miss. Code Ann. § 49-27-69 — MS Code / Title 49 / Chapter 19 / Section 27-69
Miss. Code Ann. § 49-27-69
Status: in_force

All fees and other sums received by the commission pursuant to this chapter shall be deposited to the credit of the “Seafood Fund”.
Miss. Code Ann. § 49-7-26 — MS Code / Title 49 / Chapter 5 / Section 7-26
Miss. Code Ann. § 49-7-26
Status: in_force

(1)(a) The department may develop, implement and regulate a tagging and reporting program to collect harvest data and monitor bag limit compliance by any means as provided in this section.

(b) The department may charge a fee for the tagging program.

(c) The department shall provide an annual report to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives.

(2)(a) The department may establish a tagging and reporting program for deer harvested by nonresidents.

(b) A nonresident who violates any law or regulation of the nonresident deer tagging program shall be subject to the fine and forfeiture penalties provided for a nonresident hunting without a license under Section 49-7-21 . In addition, a nonresident shall be assessed the administrative fee prescribed in this section.

(3)(a) The department may establish a tagging and reporting program for turkey.

(b) A person who violates any law or regulation of the turkey tagging program is guilty of a Class III violation and shall be subject to the fines provided in 49-7-101. In addition, a person shall be assessed the administrative fee prescribed in this section.

(4)(a) A person convicted of a first violation of the tagging program shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which shall be imposed and collected upon conviction. A person convicted of a second or subsequent violation shall be assessed an administrative fee of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), which shall be imposed and collected upon conviction.

(b) The clerk of the court shall collect and deposit the administrative fees with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection and deposit of state assessments under Section 99-19-73 .

(c) The administrative fees shall be credited to the Department of Wildlife, Fisheries and Parks and may be expended by the department upon appropriation by the Legislature.

(5) Each deer or turkey taken or possessed in violation of the tagging program is a separate offense.
Miss. Code Ann. § 49-19-171 — MS Code / Title 49 / Chapter 4 / Section 19-171
Miss. Code Ann. § 49-19-171
Status: in_force

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

SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I.

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

Article II.

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

Article III.

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

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

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

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

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

Article IV.

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

Article V.

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

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

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

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

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

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

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

Article VI.

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

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

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

Article VII.

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

Article VIII.

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

Article IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state provide, takes action to withdraw therefrom. Such action shall not be effective until six (6) months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
Miss. Code Ann. § 49-17-761 — MS Code / Title 49 / Chapter 1 / Section 17-761
Miss. Code Ann. § 49-17-761
Status: in_force

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, an indebtedness of the county authority. Such bonds shall be payable solely from the revenues or assets of the county authority pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that such county authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor.
Miss. Code Ann. § 49-28-49 — MS Code / Title 49 / Chapter 18 / Section 28-49
Miss. Code Ann. § 49-28-49
Status: in_force

If any provisions of this chapter shall be held to be invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Miss. Code Ann. § 49-17-501 — MS Code / Title 49 / Chapter 8 / Section 17-501
Miss. Code Ann. § 49-17-501
Status: in_force

Sections 49-17-501 through 49-17-531 shall be known as and may be cited as the “Lead-Based Paint Activity Accreditation and Certification Act.”
Miss. Code Ann. § 49-7-351 — MS Code / Title 49 / Chapter 6 / Section 7-351
Miss. Code Ann. § 49-7-351
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) The commission may adopt any rules and regulations deemed necessary to administer this section.
Miss. Code Ann. § 49-27-15 — MS Code / Title 49 / Chapter 5 / Section 27-15
Miss. Code Ann. § 49-27-15
Status: in_force

(1)(a) The department may schedule a hearing on any application; however, the department shall schedule a hearing on each application if, during the time period in which written objections are required to be filed, (i) a written request for a hearing is submitted by the applicant, or (ii) a hearing is requested or written objections are submitted to the application by a political subdivision, an agency, or five (5) or more persons affected by the application. At such hearing, any person may present oral or written comments on the application. Not later than sixty (60) days from the receipt of a complete application, the commission shall publish notice of the time period in which written objections to any application must be filed.

(b) The hearing must be held within twenty (20) days after the time period in which objections are required to be filed ends, unless a later date for the hearing is agreed to by all parties. Notice of the date on or before which objections must be filed shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper of general circulation in the county in which the affected wetlands are located. The last publication of such notice shall be made not more than seven (7) days prior to such date. The published notice shall describe the site of the proposed activity and shall give a general description of the proposed regulated activity. Further, notice shall be given describing the date, time and place for the hearing by United States mail, postage prepaid, to each of the objectors and to the applicant at the address furnished to the commission by the parties, and by causing a copy of such notice to be published at least one time in one (1) newspaper having a general circulation in the county in which the affected wetlands are located.

(2) An applicant shall pay the publication fees and the costs of providing notice to the public.
Miss. Code Ann. § 49-4-37 — MS Code / Title 49 / Chapter 4 / Section 4-37
Miss. Code Ann. § 49-4-37
Status: in_force

(1) The Department of Wildlife, Fisheries and Parks may establish and operate a fish hatchery in North Mississippi, to be named the Bob Tyler Fish Hatchery, at a site to be determined by the department with the approval of the commission to enable the department to adequately stock public lakes and streams in North Mississippi. For such purpose, the department shall use those funds that are made available by any agency of the state or federal government, an appropriation by the Legislature or any other source. The department is designated as the governing authority of any such fish hatchery and the operation and maintenance of the fish hatchery shall meet the standards of the department and state law regarding the operation of a fish hatchery. The department may accept funds from any source and those funds shall be used to pay the maintenance, operational and administrative expenses of the fish hatchery.

(2) The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land:

The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less.

All that land in the Northeast Quarter; north of a line starting at monument stamped “LA-42A”; and running northeasterly to a monument stamped “LA-43”, Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less.

The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery.

(3) The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.
Miss. Code Ann. § 49-13-11 — MS Code / Title 49 / Chapter 3 / 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. § 49-15-1.1 — MS Code / Title 49 / Chapter 15 / Section 15-1.1
Miss. Code Ann. § 49-15-1.1
Status: in_force

The State of Mississippi hereby assents to the provisions of the Pittman-Robertson Wildlife Restoration Act [ 16 USCS Section 699 et seq. ] and the Dingell-Johnson Sport Fish Restoration Act [ 16 USCS Section 777 et seq. ]. The Commission on Marine Resources may perform any acts as may be necessary to ensure the conservation of fish and marine life. Revenue from saltwater license sales shall be controlled only by the Department of Marine Resources and used only when exercising responsibilities specific to the management of the state's fish and marine resources for which the department has authority under state law.
Miss. Code Ann. § 49-15-25 — MS Code / Title 49 / Chapter 6 / Section 15-25
Miss. Code Ann. § 49-15-25
Status: in_force

The department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
Miss. Code Ann. § 49-15-16 — MS Code / Title 49 / Chapter 6 / Section 15-16
Miss. Code Ann. § 49-15-16
Status: in_force

The department may develop a limited entry fisheries management program for all resource groups. The department may require a license for each resource group and shall establish the fees for such licenses. The department may establish a means test or any other criteria to determine eligibility for licenses under the limited entry program. The department may impose a moratorium on the issuance of licenses for a fishery resource.
Miss. Code Ann. § 49-15-75 — MS Code / Title 49 / Chapter 11 / Section 15-75
Miss. Code Ann. § 49-15-75
Status: in_force

(1) It shall be unlawful for any person, firm or corporation using a purse seineor having a purse seine aboard a boat or vessel within the territorial waters of the State of Mississippi to catch in excess of five percent (5%) by weight in any single set of the net or to possess in excess of ten percent (10%) by weight of the total catch any of the following species: spotted seatrout (Cynscion nebulosus); bluefish (Pomatomus saltatrix); Spanish mackerel (Scomberomorus maculatus); king mackerel (Scomberomorus cavalla); dolphin (Corphaena hippurus); pompano (Trachinotus carolinus); cobia (Rachycentron canadum); or jack crevalle (Caranx hippos).

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 .
Miss. Code Ann. § 49-15-96 — MS Code / Title 49 / Chapter 1 / Section 15-96
Miss. Code Ann. § 49-15-96
Status: in_force

Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae ). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-7-22 — MS Code / Title 49 / Chapter 1 / Section 7-22
Miss. Code Ann. § 49-7-22
Status: in_force

(1) The commission may authorize the issuance of a multiyear license not to exceed four (4) years of any license issued by the commission. The fee for a multiyear license shall be commensurate with the total of the annual fees for the annual license for the number of years of the multiyear license.

(2) A person authorized to issue licenses by the department may collect and retain for issuing each license the fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-25-13 — MS Code / Title 49 / Chapter 3 / Section 25-13
Miss. Code Ann. § 49-25-13
Status: in_force

When the State Highway Commission determines that the topography of the land adjoining the highways will not permit adequate screening of junkyards, or the screening of such junkyards would not be economically feasible, the State Highway Commission shall have the authority to acquire by gift, purchase, exchange, or condemnation such interests in lands as may be necessary to secure the removal or disposal of the junkyards, and to pay just compensation for the costs of relocation, removal or disposal thereof. When the state highway commission determines that it is in the best interest of the state, it may acquire such lands, or interest in lands, outside highway rights-of-way as may be necessary to provide adequate screening of such junkyards.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 33 / Section 37-5
Miss. Code Ann. § 49-37-5
Status: in_force

For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:

(a) “ Scientific information ” means information associated with the monitoring and management of the environment and natural resources of a specifically targeted geographic area that is collected, analyzed, managed, updated by and used among agencies, departments, associations and other organizations concerned with or responsible for the geographic area.

(b) “ Scientific information management system ” means a management system which would allow scientific information to be collected, processed, analyzed, managed, updated and subsequently accessed by users of that information.
Miss. Code Ann. § 49-15-100 — MS Code / Title 49 / Chapter 4 / 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. § 49-19-5 — MS Code / Title 49 / Chapter 6 / Section 19-5
Miss. Code Ann. § 49-19-5
Status: in_force

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

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

The commission is also authorized to sell, rent, lease, and dispose of any property acquired by the commission, all property to be sold or disposed of shall be sold or disposed of in the manner provided by law for the sale or disposition of surplus property by other state agencies. Any funds received from the sale, rental or lease of any property herein authorized, to be acquired, shall be paid into the State Treasury to the credit of a special account, and the commission is hereby authorized to use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 26 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-35-23 — MS Code / Title 49 / Chapter 28 / Section 35-23
Miss. Code Ann. § 49-35-23
Status: in_force

This article shall not:

(a) Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with local land-use regulations adopted under applicable statutes;

(b) Amend, modify, repeal, or otherwise alter any provision of law available to the commission relating to enforcement of violations of federal or state law within its jurisdiction, including civil and criminal penalties;

(c) Prevent or impede the immediate response of the department or responsible party to an emergency that involves an imminent or actual release of a contaminant that threatens public health or the environment;

(d) Relieve a person receiving liability protection under this section from any liability for environmental contamination later caused or made worse by that person on or under a brownfield agreement site;

(e) Affect the right of any person who may have liability with respect to the brownfield agreement site to seek contribution from any other person who may have liability with respect to the brownfield agreement site and who does not have liability protection under this article;

(f) Prevent the commission from enforcing specific numerical remediation standards, monitoring, or compliance requirements specifically required by the federal government to be enforced as a condition for the department to receive or maintain program authorization, delegation, primacy, or federal funds;

(g) Create a defense against the imposition of criminal and civil penalties or other administrative enforcement remedies authorized by law and imposed as the result of the illegal disposal of solid waste or a regulated substance or for the pollution of the land, air, or waters of this state on or under a brownfield agreement site;

(h) Relieve a person of any liability for failure to exercise due diligence and reasonable care in performing an environmental assessment; or

(i) Create or convey any real or personal property rights, tangible or intangible, to any person.
Miss. Code Ann. § 49-35-15 — MS Code / Title 49 / Chapter 3 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

(1) Except as provided under subsection (5) of this section and Section 49-35-13(2) , a brownfield party who executes a brownfield agreement shall be relieved of liability to all persons other than the United States for: (a) remediation of the brownfield agreement site other than the remediation required by the brownfield agreement; and (b) all costs reasonably related to the remediation other than the remediation and costs required by the brownfield agreement or this article. However, this article shall not affect the right of any person to seek relief against any party to the brownfield agreement who may have liability with respect to a brownfield agreement site, except as provided in this section.

(2) The liability protection provided under this section applies to the following persons to the same extent as to a brownfield party:

(a) Any person under the direction or control of the brownfield party who directs or contracts for remediation or redevelopment of the brownfield agreement site;

(b) Any current owner and any future owner of the brownfield agreement site;

(c) Any person who develops, redevelops or lawfully occupies the brownfield agreement site;

(d) Any successor or assign of any person to whom the liability protection provided under this section applies; and

(e) Any lender or fiduciary that provided financing for remediation or redevelopment of the brownfield agreement site.

(3) A person who conducts an environmental assessment on a brownfield agreement site and who is not otherwise a potentially responsible party shall not become a potentially responsible party as a result of conducting the environmental assessment, unless that person increases the risk of harm to public health or the environment by failing to exercise due diligence and reasonable care in performing the environmental assessment.

(4) The liability protection provided under this section shall become effective upon execution of a brownfield agreement and shall remain effective, unless the commission removes the liability protection under Section 49-35-13(2) .

(5) A brownfield party who completes the remediation required under a brownfield agreement and any other person who receives liability protection under this section shall not be required to perform additional remediation on or under the brownfield agreement site unless:

(a) The brownfield party provides to the commission false information or fails to disclose to the commission relevant information about environmental contamination on or under the brownfield agreement site that forms a basis for the brownfield agreement or that is offered to demonstrate compliance with the brownfield agreement;

(b) New information becomes available after execution of the brownfield agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required by applicable federal or state law other than this article. The brownfield agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same brownfield agreement site;

(c) The level of risk to public health or the environment resulting from the brownfield agreement site is increased beyond the level that forms a basis for the risk-based remediation requirements in the brownfield agreement due to changes in exposure conditions, including (i) a change in land use at the site or contiguous to the site that increases the probability of exposure to contaminants on or under the brownfield agreement site or (ii) the failure of remediation to mitigate risks to the extent required to make the brownfield agreement site fully protective of public health and the environment as provided in the brownfield agreement;

(d) The department obtains new information after execution of the brownfield agreement about a contaminant on or under the brownfield agreement site that increases the risk to public health or the environment on or under the brownfield agreement site beyond the level that is the basis for the risk-based remediation requirements in the brownfield agreement and in a manner or to a degree not anticipated in the brownfield agreement; or

(e) A brownfield party fails to file a timely and proper notice of brownfield agreement site under Section 49-35-17 .

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-21-3 — MS Code / Title 49 / Chapter 10 / Section 21-3
Miss. Code Ann. § 49-21-3
Status: in_force

This chapter shall not be construed to authorize the impairment of any constitutional right guaranteed to any person under the constitution of this state nor shall it be construed to authorize the legislature or any other authority to assume any power not possessed by it under the constitution of this state.
Miss. Code Ann. § 49-35-15 — MS Code / Title 49 / Chapter 31 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

(1) Except as provided under subsection (5) of this section and Section 49-35-13(2) , a brownfield party who executes a brownfield agreement shall be relieved of liability to all persons other than the United States for: (a) remediation of the brownfield agreement site other than the remediation required by the brownfield agreement; and (b) all costs reasonably related to the remediation other than the remediation and costs required by the brownfield agreement or this article. However, this article shall not affect the right of any person to seek relief against any party to the brownfield agreement who may have liability with respect to a brownfield agreement site, except as provided in this section.

(2) The liability protection provided under this section applies to the following persons to the same extent as to a brownfield party:

(a) Any person under the direction or control of the brownfield party who directs or contracts for remediation or redevelopment of the brownfield agreement site;

(b) Any current owner and any future owner of the brownfield agreement site;

(c) Any person who develops, redevelops or lawfully occupies the brownfield agreement site;

(d) Any successor or assign of any person to whom the liability protection provided under this section applies; and

(e) Any lender or fiduciary that provided financing for remediation or redevelopment of the brownfield agreement site.

(3) A person who conducts an environmental assessment on a brownfield agreement site and who is not otherwise a potentially responsible party shall not become a potentially responsible party as a result of conducting the environmental assessment, unless that person increases the risk of harm to public health or the environment by failing to exercise due diligence and reasonable care in performing the environmental assessment.

(4) The liability protection provided under this section shall become effective upon execution of a brownfield agreement and shall remain effective, unless the commission removes the liability protection under Section 49-35-13(2) .

(5) A brownfield party who completes the remediation required under a brownfield agreement and any other person who receives liability protection under this section shall not be required to perform additional remediation on or under the brownfield agreement site unless:

(a) The brownfield party provides to the commission false information or fails to disclose to the commission relevant information about environmental contamination on or under the brownfield agreement site that forms a basis for the brownfield agreement or that is offered to demonstrate compliance with the brownfield agreement;

(b) New information becomes available after execution of the brownfield agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required by applicable federal or state law other than this article. The brownfield agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same brownfield agreement site;

(c) The level of risk to public health or the environment resulting from the brownfield agreement site is increased beyond the level that forms a basis for the risk-based remediation requirements in the brownfield agreement due to changes in exposure conditions, including (i) a change in land use at the site or contiguous to the site that increases the probability of exposure to contaminants on or under the brownfield agreement site or (ii) the failure of remediation to mitigate risks to the extent required to make the brownfield agreement site fully protective of public health and the environment as provided in the brownfield agreement;

(d) The department obtains new information after execution of the brownfield agreement about a contaminant on or under the brownfield agreement site that increases the risk to public health or the environment on or under the brownfield agreement site beyond the level that is the basis for the risk-based remediation requirements in the brownfield agreement and in a manner or to a degree not anticipated in the brownfield agreement; or

(e) A brownfield party fails to file a timely and proper notice of brownfield agreement site under Section 49-35-17 .

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-17-735 — MS Code / Title 49 / Chapter 8 / Section 17-735
Miss. Code Ann. § 49-17-735
Status: in_force

(1) There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Hancock County Utility Authority.” The authority is composed of the geographic area of Hancock County as defined in Section 19-1-59, 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 Hancock County.

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

(3) Upon consolidation, the following shall apply:

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

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

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

(d) All employees of the Southern Regional Wastewater Management District shall become employees of the authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-7-17 — MS Code / Title 49 / Chapter 4 / Section 7-17
Miss. Code Ann. § 49-7-17
Status: in_force

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

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

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

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

(4) The Commission on Wildlife, Fisheries and Parks is authorized to establish, set and collect an additional fee for any license sold that will recoup the department's cost of issuing the license, conducting any electronic transaction therefor, and generally recovering the department's administrative costs of selling licenses and maintaining the electronic databases of those sales.
Miss. Code Ann. § 49-28-5 — MS Code / Title 49 / Chapter 13 / 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. § 49-17-3 — MS Code / Title 49 / Chapter 3 / Section 17-3
Miss. Code Ann. § 49-17-3
Status: in_force

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of air and water, and whereas, the problem of air and water pollution in this state is closely related to the problem of air and water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to maintain such a reasonable degree of quality of the air resources of the state to protect the health, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air or water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Miss. Code Ann. § 49-27-4 — MS Code / Title 49 / Chapter 11 / 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. § 49-7-255 — MS Code / Title 49 / Chapter 6 / Section 7-255
Miss. Code Ann. § 49-7-255
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(7) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.
Miss. Code Ann. § 49-23-7 — MS Code / Title 49 / Chapter 6 / Section 23-7
Miss. Code Ann. § 49-23-7
Status: in_force

The State Highway Commission is hereby authorized to promulgate regulations governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections (a), (d) and (e) of Section 49-23-5 , consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in Section 49-23-1 , and consistent with the national standards promulgated by the secretary of commerce pursuant to Title 23, United States Code, provided that such regulations shall not contain any definition more restrictive than those set forth in Section 49-23-3 ; nor shall they be more restrictive than the provisions set forth in Section 49-23-9 .
Miss. Code Ann. § 49-33-9 — MS Code / Title 49 / Chapter 15 / Section 33-9
Miss. Code Ann. § 49-33-9
Status: in_force

(1) Right of action: Any action by the State of Mississippi that constitutes an inverse condemnation of forest or agricultural land, timber, wood or forest products, including nongame species or personal property rights associated with conducting forestry or agricultural activities, shall give the owner a cause of action under Section 11-46-1 et seq. for the payment of awards against the entity or entities causing the inverse condemnation, notwithstanding any provision of this chapter to the contrary. The owner shall have the right to file an inverse condemnation action before any court having jurisdiction over the county in which the forest or agricultural land is located. A determination that a use is noxious in fact or possesses a demonstrable harm to the public health and safety is not binding upon a court of law and a judicial review of the action shall be de novo.

(2) Subsequent repeal or rescission by the state: The entity sued in any inverse condemnation action shall have the right to repeal the action complained of in the suit before a decision becoming final. Such repeal shall entitle the owner to recover its damages arising out of the action before the repeal, and, in the discretion of the court, its costs of litigation (including reasonable attorney and expert witness fees). Subsequent repeal of the action by the state after a decision has become final shall not entitle the state to refuse payment, obtain a return of payment (if made) or result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property).

(3) Payment of awards for inverse condemnation: Payment of awards for inverse condemnation shall be made by the entity or entities as determined by the court subject to applicable limits provided in Section 11-46-15 . Payment shall not result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property). If more than one (1) entity is involved, the payment shall be made in the percentage of liability as allocated by the trier of fact in the inverse condemnation action. If any county, municipality, or political subdivision of the state whose actions constitute inverse condemnation as defined in this chapter are unable to pay the costs awarded, then the action causing the inverse condemnation shall be rescinded within sixty (60) days after the judgment of the court.
Miss. Code Ann. § 49-17-71 — MS Code / Title 49 / Chapter 8 / Section 17-71
Miss. Code Ann. § 49-17-71
Status: in_force

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

Article I

The purpose of this compact is to promote effective control and reduction of pollution in the waters of the Tennessee River Basin through increased co-operation of the states of the basin, co-ordination of pollution control activities and programs in the basin, and the establishment of a joint interstate commission to assist in these efforts.

Article II

The party states hereby create the “Tennessee River Basin Water Pollution Control Commission,” hereinafter referred to as the “commission,” which shall be an agency of each party state with the powers and duties set forth herein, and such others as shall be conferred upon it by the party states or by the Congress of the United States concurred in by the party states.

Article III

A. The party states hereby create the “Tennessee River Basin Water Pollution Control District,” hereinafter called the “district,” which consists of the area drained by the Tennessee River and its tributaries.

B. From time to time the commission may conduct surveys of the basin, study the pollution problems of the basin, and make comprehensive reports concerning the prevention or reduction of water pollution therein. The commission may draft and recommend to the parties hereto suggested legislation dealing with the pollution of waters within the basin or any portion thereof. Upon request of a state water pollution control agency, and in a manner agreed upon by such agency and the commission, the commission shall render advice concerning the various governments, communities, municipalities, persons, corporations or other entities with regard to particular problems connected with the pollution of waters. The commission shall present to the appropriate officials of any government or agency thereof its recommendations relating to enactments to be made by any legislature in furthering the intents and purposes of this article. The commission, upon request of a member state or upon its own instance may, after proper study, and after conducting public hearings, recommend minimum standards of water quality to be followed in the several areas of the district.

Article IV

The commission shall consist of three (3) commissioners from each state, each of whom shall be a resident voter of such state. The commissioners shall be chosen in the manner and for the terms provided by the laws of the state from which they are appointed, and each commissioner may be removed or suspended from office as provided by the law of the state from which he is appointed.

Article V

A. The commission shall elect annually from its members a chairman and a vice-chairman to serve at its pleasure. It shall adopt a seal and suitable by-laws for its management and control. The commission is hereby authorized to adopt, prescribe and promulgate rules and regulations for administering and enforcing all provisions of this compact. It may maintain one or more offices for the transaction of its business. Meetings shall be held at least once each year. It may determine duties, qualifications and compensation for and appoint such employees and consultants as may be necessary and remove or replace them.

B. The commission shall not compensate the commissioners for their services but shall pay their actual expenses incurred in and incidental to the performance of their duties.

C. The commission may acquire, by gift or otherwise, and may hold and dispose of such real and personal property as may be appropriate to the performance of its functions. In the event of sale of real property, proceeds may be distributed among the several party states, each state's share being computed in a ratio to its contributions; and in the event of dissolution of the commission, the property and assets shall be disposed of and proceeds distributed in a like manner.

D. Each commissioner shall have one vote. One or more commissioners from a majority of the party states shall constitute a quorum for the transaction of business, but no action of the commission imposing any obligation on any party state or any municipality, person, corporation or other entity therein shall be binding unless a majority of all of the members from such party state shall have voted in favor thereof. The commission shall keep accurate accounts of all receipts and disbursements, and shall submit to the governor and the legislature of each party state an annual report concerning its activities, and shall make recommendations for any legislative, executive or administrative action deemed advisable.

E. The commission shall at the proper time submit to the governor of each party state for his approval an estimate of its proposed expenditures. The commission shall subsequently adopt a budget and submit appropriation requests to the party states in accordance with the laws and procedures of such states.

F. The commission shall not pledge the credit of any of the party states. The Commission may meet any of its obligations in whole or in part with funds available to it, from gifts, grants, appropriations or otherwise, provided that the commission takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the commission makes use of funds already available to it, the commission shall not incur any obligations prior to the making of appropriations adequate to meet the same.

G. The accounts of the commission shall be open at any reasonable time to the inspection of such representatives of the respective party states as may be duly constituted for that purpose. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become a part of the annual report of the commission. The commission shall appoint an executive director. The commission shall also appoint a treasurer who may be a member of the commission. The executive director shall be custodian of the records of the commission with authority to attest to and certify such records and copies thereof under the seal of the commission. The commission shall require bonds of its executive director and treasurer in the amount of at least twenty-five per cent (25%) of the annual budget of the commission.

Article VI

Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. In determining these amounts, the commission shall prorate one half ( 1 / 2 ) of its budget among the several states in proportion to their land area within the district, and shall prorate the other half among the several states in proportion to their population within the district at the last preceding federal census.

Article VII

A. It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, navigation and disposal of wastes.

B. The commission may establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in the district in entirety or by portions according to present and proposed highest use, and for this purpose technical experts employed by appropriate state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory state agrees to submit its classification of its interstate waters to the commission for approval. It is agreed that after such approval, all signatory states through their appropriate state water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the commission for classified waters. The commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity and in a manner similar to that in which these standards and classifications were originally established.

Article VIII

A. A state pollution control agency of any party state may certify to the commission an alleged violation of the commission's standards of quality of water entering said state. Upon such certification the commission may call a hearing at which the appropriate state pollution agencies shall be represented. If the commission finds a violation has occurred, is occurring or is likely to recur, it shall make recommendations as to the manner of abatement of the pollution to the appropriate water pollution control agency of the party state within which the violation has occurred, is occurring or is likely to recur. In the event that commission recommendations made pursuant to the preceding provisions of this article do not result in compliance within a reasonable time, the commission may, after such further investigation if any as is deemed necessary and proper and after a hearing held in the state where a violation occurs or has occurred, issue an order or orders upon any municipality, person, corporation or other entity within said party state violating provisions of this compact by discharging sewage or industrial wastes into the waters of the district which flow through, into or border upon any party state. Such order or orders may prescribe the date on or before which such discharge shall be wholly or partially discontinued, modified or treated or otherwise disposed of. The commission shall give reasonable and proper notice in writing of the time and place of the hearing to the municipality, person, corporation or other entity against which such order is proposed except that when the commission shall find that a public health emergency exists, it may issue such an order pending hearing. In all such instances, the hearing shall be promptly held and the order shall be withdrawn, modified or made permanent within thirty (30) days after hearing. No order prescribing the date on or before which such discharge shall be wholly or partially discontinued, modified or treated or otherwise disposed of shall go into effect upon a municipality, person, corporation or other entity in any state unless and until it receives the approval of a majority of the commissioners from each of not less than a majority of the party states, provided that such order receives the assent of not less than a majority of the commissioners from such state.

B. It shall be the duty of the municipality, person, corporation or other entity within a party state to comply with any such order against it or him by the commission, and any court of competent jurisdiction in any of the party states shall have jurisdiction, by mandamus, injunction, specific performance or other form of remedy, to enforce any such order against any municipality, person, corporation or other entity domiciled, located or doing business within such state; provided, however, such court may review the order and affirm, reverse or modify the same in any appropriate proceeding brought and upon any of the grounds customarily applicable in proceedings for court review of administrative decisions. The commission or, at its request, the attorney general or other law enforcing official of the appropriate state shall have power to institute in such court any action for the enforcement of such order.

Article IX

Nothing in this compact shall be construed to limit the powers of any party state, or to repeal or prevent the enactment of any legislation, or the enforcement of any requirement by any party state, imposing any additional conditions and restrictions to further reduce or prevent the pollution of waters within its jurisdiction.

Article X

A. Nothing contained in this compact shall be construed so as to conflict with any provision of the Ohio River Valley Water Sanitation Compact or to impose obligations on any party state inconsistent with those which it has undertaken or may undertake by virtue of its membership in said compact; provided that nothing contained in this article shall be deemed to limit the commission's power to set higher standards for the waters of the Tennessee River Basin Water Pollution Control District or any portion thereof than those required for the Ohio River Valley Water Sanitation District.

B. Nothing contained in this compact shall be deemed to give the commission any power or jurisdiction over any aspect of pollution abatement or control within the district unless existing or future pollution of such waters does or is likely to affect adversely the quality of water flowing among, between, into or through the territory of more than one party state.

Article XI

Any two (2) or more of the party states by legislative action may enter into supplementary agreements for further regulation and abatement of water pollution in other areas within the party states and for the establishment of common or joint services or facilities for such purpose and designate the commission to act as their joint agency in regard thereto. Except in those cases where all member states join in such supplementary agreement and designation, the representatives in the commission of any group of such designating states shall constitute a separate section of the commission for the performance of the function or functions so designated and with such voting rights for these purposes as may be stipulated in such agreement; provided that, if any additional expense is involved, the member states so acting shall appropriate the necessary funds for this purpose. No supplementary agreement shall be valid to the extent that it conflicts with the purposes of this compact and the creation of such a section as a joint agency shall not affect the privileges, powers, responsibilities or duties of the member states participating therein as embodied in the other articles of this compact.

Article XII

This compact shall enter into force and become effective and binding when it has been enacted by the legislature of Tennessee and by the legislatures of any one or more of the states of Alabama, Georgia, Kentucky, Mississippi, North Carolina and Virginia and upon approval by the Congress of the United States and thereafter shall enter into force and become effective and binding as to any other of said states when enacted by the legislature thereof.

Article XIII

This compact shall continue in force and remain binding upon each party state until renounced by act of the legislature of such state, in such form and manner as it may choose; provided that such renunciation shall not become effective until six (6) months after the effective date of the action taken by the legislature. Notice of such renunciation shall be given to the other party states by the secretary of state of the party state so renouncing upon passage of the act.

Article XIV

The provisions of this compact or of agreements thereunder shall be severable and if any phrase, clause, sentence or provision of this compact, or such agreement, is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any state, agency, person or circumstances is held invalid, the constitutionality of the remainder of this compact or of any agreement thereunder and the applicability thereof to any state, agency, person or circumstance shall not be affected thereby, provided further that if this compact or any agreement thereunder shall be held contrary to the Constitution of the United States or of any state participating therein, the compact or any agreement thereunder shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. It is the legislative intent that the provisions of this compact shall be reasonably and liberally construed.
Miss. Code Ann. § 49-15-7 — MS Code / Title 49 / Chapter 9 / 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. § 49-17-519 — MS Code / Title 49 / Chapter 11 / Section 17-519
Miss. Code Ann. § 49-17-519
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint abatement worker certificate to work as a worker on a lead-based paint abatement activity.

(2) After August 31, 1998, it is unlawful for a firm to employ a person as a worker on a lead-based paint abatement activity who does not possess a valid lead-based paint abatement worker certificate in accordance with this section.

(3) To qualify for a lead-based paint abatement worker certificate an individual shall:

(a) Satisfactorily complete an accredited training program for lead-based paint abatement workers; and

(b) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

(4) Workers engaged in renovation activities are not required to possess certification.
Miss. Code Ann. § 49-19-171 — MS Code / Title 49 / Chapter 17 / Section 19-171
Miss. Code Ann. § 49-19-171
Status: in_force

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

SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I.

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

Article II.

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

Article III.

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

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

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

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

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

Article IV.

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

Article V.

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

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

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

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

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

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

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

Article VI.

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

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

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

Article VII.

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

Article VIII.

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

Article IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state provide, takes action to withdraw therefrom. Such action shall not be effective until six (6) months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
Miss. Code Ann. § 49-7-58.4 — MS Code / Title 49 / Chapter 2 / Section 7-58.4
Miss. Code Ann. § 49-7-58.4
Status: in_force

(1) The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary power to regulate all commercial and noncommercial wild animal enclosures in order to conserve and protect native wildlife for all citizens to enjoy and to protect our recreational economy dependent on native wildlife resources.

(2) The Commission on Wildlife, Fisheries and Parks shall regulate any facility that prevents the free ingress and egress of native or nonnative cervids as the same are defined by the commission. The commission may promulgate rules and regulations requiring the issuance of permits and the payment of a reasonable fee therefor. Regulations promulgated under this authority must have a majority vote of the commission to be adopted.
Miss. Code Ann. § 49-2-103 — MS Code / Title 49 / Chapter 1 / Section 2-103
Miss. Code Ann. § 49-2-103
Status: in_force

(1) The Department of Environmental Quality shall develop a program to encourage all electronic recyclers to become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic equipment.

(2) The department shall maintain a directory of recyclers meeting the accredited certification standards of Responsible Recycling Practices (R2) and the e-Stewards Standards and any recyclers who have been certified by an accredited, independent certification auditor listed by the ANSI-ASQ National Accreditation Board (ANAB) as an organization that certifies recyclers to available recycling standards.

(3) State agencies shall use a certified recycler on the directory for the disposal of agency electronics.

(4) The Department of Environmental Quality and state agencies shall comply with this section no later than July 1, 2014.

(5) This section does not apply to the donation of electronics to public schools, state agencies, local governments or nonprofit organizations.
Miss. Code Ann. § 49-25-15 — MS Code / Title 49 / Chapter 6 / 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. § 49-15-41 — MS Code / Title 49 / Chapter 3 / Section 15-41
Miss. Code Ann. § 49-15-41
Status: in_force

It shall be unlawful for any person to fish, catch or take oysters from the waters of Mississippi during the hours between sunset and sunrise of each day.

Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year in the county jail, or both.
Miss. Code Ann. § 49-15-100.1 — MS Code / Title 49 / Chapter 11 / Section 15-100.1
Miss. Code Ann. § 49-15-100.1
Status: in_force

It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.
Miss. Code Ann. § 49-11-15 — MS Code / Title 49 / Chapter 2 / Section 11-15
Miss. Code Ann. § 49-11-15
Status: in_force

(1) Artificially propagated pheasants, quail, chukar partridges, mallards and black ducks, and any game bird authorized by the commission are the only game which may be hunted on shooting preserves under this chapter.

(2) Mallards and black ducks released on a shooting preserve must have a one-fourth ( 1 / 4 ) inch hole punched in the outer web of the right foot before the birds attain the age of six (6) weeks.

(3) The commission is authorized to specify the species of non-native wild game that may be released or hunted in commercial wildlife enclosures.
Miss. Code Ann. § 49-19-223 — MS Code / Title 49 / Chapter 2 / Section 19-223
Miss. Code Ann. § 49-19-223
Status: in_force

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

(2) The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.
Miss. Code Ann. § 49-39-3 — MS Code / Title 49 / Chapter 19 / Section 39-3
Miss. Code Ann. § 49-39-3
Status: in_force

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

(a) “ Board ” means the Board of Trustees of the Mississippi Outdoor Stewardship Trust Fund.

(b) “ Conservation land ” means land and water, or interests therein, that are in their undeveloped, natural states or that have been developed only to the extent consistent with, or are restored to be consistent with, at least one (1) of the following environmental values or conservation benefits:

(i) Water quality protection for wetlands, rivers, streams or lakes;

(ii) Protection of wildlife habitat;

(iii) Protection of cultural sites and archeological and historic resources;

(iv) Protection of land around Mississippi's military installations to ensure that missions are compatible with surrounding communities and that encroachment on military installations does not impair future missions;

(v) Support of economic development through conservation projects;

(vi) Provision for recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities; or

(vii) Recruiting or retention of recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities.

(c) “ Nongovernmental entity ” means a nonprofit organization with a 501(c)(3) status that is primarily concerned with the protection and conservation of land and natural resources, as evidenced by its organizational documents.

(d) “ Permanently protected conservation areas ” means those resources:

(i) Owned by the federal government and dedicated for recreation or conservation or as a natural resource;

(ii) Owned by the State of Mississippi, or a county or municipality in Mississippi, and dedicated for recreation or conservation or as a natural resource;

(iii) Owned by the State of Mississippi, or a county or municipality in Mississippi, and subject to:

1. A conservation easement ensuring that the property will be maintained in a manner consistent with conservation land;

2. Contractual arrangements ensuring that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; or

3. A permanent restrictive covenant as provided in state law; or

(iv) Owned by any person or entity and subject to a conservation easement ensuring that the property will be maintained in a manner consistent with conservation land.

(e) “ Project proposal ” means any application seeking monies from the Mississippi Outdoor Stewardship Trust Fund.

(f) “ Special fund ” means the Mississippi Outdoor Stewardship Trust Fund created in Section 49-39-7 .

(g) “ State agency ” means any agency, department, commission or institution of the State of Mississippi.

(h) “ Working agricultural land ” means land area that is either arable, under permanent crops or under permanent pastures. Arable land includes land under temporary crops such as cereals, temporary meadows for mowing or for pasture, land under market or kitchen gardens, and land temporarily fallow.
Miss. Code Ann. § 49-17-509 — MS Code / Title 49 / Chapter 8 / 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.