Miss. Code Ann. § 49-28-19 — MS Code / Title 49 / Chapter 15 / Section 28-19
Miss. Code Ann. § 49-28-19
Status: in_force

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

(a) To sue and be sued;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Any district created under this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which the district is created. No enumeration of powers in this section shall be construed to impair or limit any general grant of power contained in this section nor to limit any grant to a power or powers of the same class or classes as those enumerated.
Miss. Code Ann. § 49-2-13 — MS Code / Title 49 / Chapter 2 / Section 2-13
Miss. Code Ann. § 49-2-13
Status: repealed

The executive director shall have the following powers and duties:

(a) To administer the policies of the commission within the authority granted by the commission;

(b) To supervise and direct all administrative and technical activities of the department;

(c) To organize the administrative units of the department in accordance with the plan adopted by the commission and, with commission approval, alter such organizational plan and reassign responsibilities as he may deem necessary to carry out the policies of the commission;

(d) To coordinate the activities of the various offices of the department;

(e) To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department;

(f) To recommend to the commission such studies and investigations as he may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;

(g) To merge and coordinate functions and duties where possible to eliminate the possibility of two (2) separate organizational entities performing the same or similar functions, including, but not limited to, functions of audit, inspection, collection, personnel, motor vehicles, accounting, data processing, payroll and any other such administrative, procedural or enforcement function;

(h) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of natural resources within the jurisdiction of the department;

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

(j) To issue, modify or revoke any and all orders under authority granted by the commission which include, but are not limited to those which (i) prohibit, control or abate discharges of contaminants and wastes into the air and waters of the state; (ii) require 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 or to cause the proper management of solid wastes; (iii) impose penalties pursuant to Section 17-17-29 and Section 49-17-43 which have been agreed upon with alleged violators; and (iv) require compliance with the conditions of any permit issued by the Permit Board created in Section 49-17-28 and all regulations of the commission;

(k) With the approval of the commission, to enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature; and

( l ) With the approval of the commission, to enter into a contract(s) with any person or any public or private corporate entity to assist with the review, evaluation and processing of permit application(s) and/or certification application(s). Any person or entity requesting additional assistance for review, evaluation, and processing of an application for permit(s) or certification(s) must agree to pay all additional costs associated with such review, evaluation, and processing. The executive director shall submit an annual report on the following to the Chairs of the House and Senate Accountability, Efficiency and Transparency Committees:

(i) The backlog of permit applications and/or certification applications that exist on July 1, 2024;

(ii) The backlog of permit applications and/or certification applications that exist when the report is submitted;

(iii) The average price of permits and/or certifications that are being expedited;

(iv) The types of permits and/or certifications that are being expedited;

(v) What persons or public or private corporate entities are being used to assist with the review, evaluation and processing of permit applications and/or certification applications;

(vi) How much the persons or public or private corporate entities have been paid through the program; and

(vii) How many people leave the department for employment with the persons or public or private corporate entities that are being used to assist with the review, evaluation and processing of permit applications and/or certification applications.

This paragraph ( l ) shall stand repealed on July 1, 2028.
Miss. Code Ann. § 49-35-25 — MS Code / Title 49 / Chapter 18 / Section 35-25
Miss. Code Ann. § 49-35-25
Status: in_force

(1) The brownfield party who submits a brownfield agreement application shall pay all reasonable direct and indirect costs of the department associated with the processing of the brownfield agreement application and administration of the brownfield agreement less the advance costs required in subsection (2) of this section.

(2) A brownfield party who submits a brownfield agreement application for review by the department shall pay advance costs of Two Thousand Dollars ($2,000.00) at the time the application is submitted to the department.

(3) The commission shall set by order a schedule of costs for the processing of the brownfield agreement applications and the administration of brownfield agreements by the department.

(4)(a) There is created in the State Treasury a fund to be designated as the “Brownfields Cleanup and Redevelopment Trust Fund,” referred to in this section as “fund,” to be administered by the executive director.

(b) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the processing of the brownfield agreement applications and the administration of brownfield agreements.

(c) Expenditures may be made from the fund upon requisition by the executive director.

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

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

(f) 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.

(5) All monies collected under this section shall be deposited into the fund.

(6) The commission may delegate to the department responsibility for the collection of costs in subsections (1) and (2) of this section.

(7) All costs under subsection (1) of this section shall be due before a date specified by the department in an invoice which shall be no less than thirty (30) days following the invoice date. If any part of the costs that are imposed is not paid within thirty (30) days after the due date, a penalty of up to twenty-five percent (25%) of the amount due may be imposed and be added to that amount. Any penalty collected under this section shall be deposited into the fund. If the department pursues legal action to collect costs incurred, reasonable attorney's fees and costs may be assessed against the delinquent party.

(8) Any person required to pay costs under this section who disagrees with the calculation or applicability of the costs may petition the commission for a hearing in accordance with Section 49-17-35 . Any hearing shall be in accordance with Section 49-17-33 .

(9) Costs collected under this section shall not supplant or reduce in any way the general fund appropriation to the department for the administration of this program.

(10) The department may suspend any activities or actions related to the processing of the brownfield agreement application or administration of a brownfield agreement, if the brownfield party or parties fails to pay any required costs or penalties imposed under this section.

(11) Nothing in this section affects any existing program at the department or affects any authority of the commission or department to take any action authorized by law.
Miss. Code Ann. § 49-35-23 — MS Code / Title 49 / Chapter 11 / 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. § 49-27-13 — MS Code / Title 49 / Chapter 1 / Section 27-13
Miss. Code Ann. § 49-27-13
Status: in_force

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

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

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

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

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

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

(6) The Director of the Gulf Regional Planning Commission.
Miss. Code Ann. § 49-33-7 — MS Code / Title 49 / Chapter 26 / Section 33-7
Miss. Code Ann. § 49-33-7
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(m) “Personal property” means any interest acquired by deed, lease, contract or agreement in standing or severed timber, wood or forest products.
Miss. Code Ann. § 49-7-27 — MS Code / Title 49 / Chapter 3 / Section 7-27
Miss. Code Ann. § 49-7-27
Status: in_force

(1) The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder. The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year. However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting. The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought.

(2) Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.

(3) Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such.

(4) Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months.

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

(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95 , and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.

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

(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.

(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.
Miss. Code Ann. § 49-19-21 — MS Code / Title 49 / Chapter 2 / Section 19-21
Miss. Code Ann. § 49-19-21
Status: in_force

All moneys received from the United States government for protection of forest lands, for reforestation of denuded areas, for extension of national forests, and to promote the continuous production of timber shall be credited to said state forestry fund, and expended by the commission as is directed by the federal government.
Miss. Code Ann. § 49-18-1 — MS Code / Title 49 / Chapter 11 / Section 18-1
Miss. Code Ann. § 49-18-1
Status: in_force

This chapter may be cited as the Mississippi Liability of Persons Responding to Oil Spills Act.
Miss. Code Ann. § 49-27-51 — MS Code / Title 49 / Chapter 19 / Section 27-51
Miss. Code Ann. § 49-27-51
Status: in_force

(1)(a) If a person in violation of this chapter submits a proper application for any unauthorized work and the commission determines that the work has been conducted in accordance with the public policy as set forth in Section 49-27-3 , the commission shall issue after-the-fact authorization for the work.

(b) For conducting the work without first obtaining a current and valid permit and other violations of this chapter, the commission may order and levy a penalty of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) per day for each day the violation has existed for residential type regulated activity and a penalty of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each day the violation has existed for commercial and industrial type regulated activity.

(2) If the person continues the violation, the Attorney General of the State of Mississippi at the request of the commission, a district attorney having jurisdiction, or a county attorney having jurisdiction may initiate the civil or criminal actions, or both civil and criminal actions, as described in this chapter against the person.

(3) The Attorney General, commission, district attorney or county attorney may initiate action to enjoin any person in violation of this chapter.
Miss. Code Ann. § 49-3-3 — MS Code / Title 49 / Chapter 1 / Section 3-3
Miss. Code Ann. § 49-3-3
Status: in_force

The legislature hereby finds and declares:

(a) That the economic progress of Mississippi depends in large measure upon the development and use of the natural resources of the state;

(b) That the fish and game animals indigenous to the state constitute a vital segment of the natural resources available in Mississippi;

(c) That Mississippi has approximately five million (5,000,000) acres of idle agricultural land in the state which are producing mainly broomsedge and brush. Much of this land is potentially excellent game range, yet it is producing almost no significant income for the landowners. These idle acres, plus seventeen million (17,000,000) acres of forest lands properly managed for game and fish products, can contribute substantially to the total economic development of Mississippi;

(d) That there is a tremendous and ever growing need for additional knowledge of fish cultural techniques and the proper management of our environment so that not only fish and game may be increased but that Mississippi may become a more pleasant and a more prosperous state to reside in;

(e) That this chapter is specifically designed to establish a program for the discovery and dissemination of knowledge concerning the management and proper utilization of fish and game resources in Mississippi.
Miss. Code Ann. § 49-7-203 — MS Code / Title 49 / Chapter 2 / Section 7-203
Miss. Code Ann. § 49-7-203
Status: in_force

(1) There is created the Beaver and Wild Hog Control Advisory Board which shall be composed of the administrative heads of the Mississippi Department of Wildlife, Fisheries and Parks, State Forestry Commission, Department of Agriculture and Commerce, Mississippi Department of Transportation and Mississippi State Cooperative Extension Services, the Executive Director of the Mississippi Association of Supervisors, the Executive Vice President of Delta Council and the President of the Mississippi Farm Bureau Federation. In addition, the board shall include, as advisory, and nonvoting members:

(a) The Chairmen of the House and Senate Wildlife, Fisheries and Parks Committees;

(b) The Chairmen of the House and Senate Agriculture Committees; and

(c) One (1) at-large member of the House and Senate appointed by the Lieutenant Governor and Speaker of the House.

(2) The board shall elect a chairman from among its members, who shall preside over meetings.

(3) The members of the board shall serve without compensation but all members of the board shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.

(4) The board shall have the following duties and responsibilities:

(a) To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;

(b) To develop a beaver and wild hog control program to be administered by the Mississippi Department of Agriculture and Commerce or by any agency or agencies under an agreement with the board for that purpose;

(c) To designate the areas of the state having the greatest need for beaver and wild hog control or eradication and establish a list of priority areas on an annual basis;

(d) To establish, assess and collect any fees charged to participating landowners; and

(e) To function in an advisory capacity to the Mississippi Department of Agriculture and Commerce or any agency or agencies administering the beaver and wild hog control program.

(5) The board shall have the authority to develop any programs and implement any regulations and policies. The board may develop what it deems necessary to address beaver and wild hog control within the state.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 2 / Section 28-3
Miss. Code Ann. § 49-28-3
Status: in_force

A petition for the incorporation of a shoreline and beach preservation district may be submitted to the board of supervisors of a county, referred to in this chapter as “board of supervisors,” signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the creation of the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district, which shall not include any property used for industrial purposes, unless the owner of that property submits a written request to the board of supervisors to be included in the district; (d) an estimate of the cost of special improvement projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 49-28-27 ; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 49-28-29 . The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition stating that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district.
Miss. Code Ann. § 49-13-25 — MS Code / Title 49 / Chapter 8 / Section 13-25
Miss. Code Ann. § 49-13-25
Status: in_force

Nothing contained in this chapter shall be construed to require any person, engaging in the raising of quail for purposes other than the raising of quail for commercial sale for consumption, to secure a commercial quail breeder's license, provided such person shall not raise more than one hundred (100) such birds in any calendar year for personal consumption.
Miss. Code Ann. § 49-15-409 — MS Code / Title 49 / Chapter 5 / Section 15-409
Miss. Code Ann. § 49-15-409
Status: in_force

The department shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and the authorities outlined in Section 49-15-401 . The department may adopt rules and regulations to implement the provisions of this article.
Miss. Code Ann. § 49-17-427 — MS Code / Title 49 / Chapter 6 / Section 17-427
Miss. Code Ann. § 49-17-427
Status: in_force

(1) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of this chapter, or of any order of the commission, or of any regulation promulgated pursuant to this chapter has occurred, the commission shall initiate proceedings in the same manner as provided in Sections 49-17-31 through 49-17-41, Mississippi Code of 1972 .

(2) Any person found by the commission violating any of the provisions of Sections 49-17-401 through 49-17-433 , or any rule or regulation or written order of the commission shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation per day, such penalty to be assessed and levied by the commission as provided in Sections 49-17-1 through 49-17-43, Mississippi Code of 1972 .

(3) In determining the amount of any penalty under this chapter, the commission shall consider at a minimum:

(a) The willfulness of the violation;

(b) Any damage to air, water, land or other natural resources of the state or their uses;

(c) Costs of restoration or abatement;

(d) Economic benefit as a result of noncompliance;

(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public;

(f) Past performance history; and

(g) Whether the noncompliance was discovered and reported as the result of a voluntary self-evaluation. If a person discovers as a result of a voluntary self-evaluation, information related to noncompliance with an environmental law and voluntarily discloses that information to the department, commission or any employee thereof, the commission shall, to the greatest extent possible, reduce a penalty, if any, determined by the commission, except for economic benefit as a result of noncompliance, to a de minimis amount if all of the following are true:

(i) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person;

(ii) The person making the disclosure initiates the appropriate corrective actions and pursues those corrective actions with due diligence;

(iii) The person making the disclosure cooperates with the commission and the department regarding investigation of the issues identified in the disclosure;

(iv) The person is not otherwise required by an environmental law to make the disclosure to the commission or the department;

(v) The information was not obtained through any source independent of the voluntary self-evaluation or by the department through observation, sampling or monitoring;

(vi) The noncompliance did not result in a substantial endangerment threatening the public health, safety or welfare or the environment; and

(vii) The noncompliance is not a repeat violation occurring at the same facility within a period of three (3) years. “ Repeat violation ” in this subparagraph means a second or subsequent violation, after the first violation has ceased, of the same statutory provision, regulation, permit condition, or condition in an order of the commission.

(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-15-317 — MS Code / Title 49 / Chapter 7 / Section 15-317
Miss. Code Ann. § 49-15-317
Status: in_force

Any charter or recreational fishing boat in the Gulf of Mexico over twenty-four (24) hours before returning to land may fillet any fish caught by its charter or recreational fishermen. The commission shall not adopt any rule or ordinance prohibiting or unduly restricting the filleting of fish by such charter or recreational fishing boats.
Miss. Code Ann. § 49-19-213 — MS Code / Title 49 / Chapter 7 / Section 19-213
Miss. Code Ann. § 49-19-213
Status: in_force

The commission is authorized to use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections 49-19-201 through 49-19-227 , on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 27 / Section 28-17
Miss. Code Ann. § 49-28-17
Status: in_force

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

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

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

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

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

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

(6) The board of commissioners may receive per diem compensation, if approved by the board of supervisors, in the same manner provided to officers of state boards, commissions and agencies in Section 25-3-69, Mississippi Code of 1972 . However, the per diem compensation shall not exceed Two Hundred Dollars ($200.00) per month and shall not entitle any member of the board of commissioners to receive or be eligible for any state employee group insurance, retirement or other fringe benefits.
Miss. Code Ann. § 49-17-22 — MS Code / Title 49 / Chapter 7 / Section 17-22
Miss. Code Ann. § 49-17-22
Status: in_force

The Commission on Marine Resources is hereby authorized to cooperate with the Commission on Environmental Quality for the enforcement of the provisions of Sections 49-17-1 through 49-17-43 in and on the salt waters of the State of Mississippi.
Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 15 / Section 19-31
Miss. Code Ann. § 49-19-31
Status: in_force

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

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

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

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

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

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

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

(5) Upon presentation of its final report the committee shall be dissolved.
Miss. Code Ann. § 49-17-701 — MS Code / Title 49 / Chapter 2 / Section 17-701
Miss. Code Ann. § 49-17-701
Status: in_force

Sections 49-17-701 through 49-17-775 shall be known and may be cited as the “Mississippi Gulf Coast Region Utility Act.”
Miss. Code Ann. § 49-15-311 — MS Code / Title 49 / Chapter 8 / Section 15-311
Miss. Code Ann. § 49-15-311
Status: in_force

The department may obtain and pay on coverage for physical loss and liability upon any vehicle or aircraft owned or under control of the department. The department may determine the limits of each insurance policy.
Miss. Code Ann. § 49-19-301 — MS Code / Title 49 / Chapter 17 / Section 19-301
Miss. Code Ann. § 49-19-301
Status: in_force

Sections 49-19-301 through 49-19-307 may be cited as the “Mississippi Prescribed Burning Act.”
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 4 / 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. § 49-5-101 — MS Code / Title 49 / Chapter 3 / Section 5-101
Miss. Code Ann. § 49-5-101
Status: in_force

Sections 49-5-101 through 49-5-119 shall be known and may be cited as “The Nongame and Endangered Species Conservation Act.”
Miss. Code Ann. § 49-15-67 — MS Code / Title 49 / Chapter 9 / Section 15-67
Miss. Code Ann. § 49-15-67
Status: in_force

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

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

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

(3) If, upon hearing the appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, the court shall refer the case back to the commission to take such evidence as the court may direct and report the evidence to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-19-179 — MS Code / Title 49 / Chapter 6 / Section 19-179
Miss. Code Ann. § 49-19-179
Status: in_force

Among the other rights and powers conferred by Sections 49-19-171 through 49-19-179 , but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefor under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Miss. Code Ann. § 49-7-4 — MS Code / Title 49 / Chapter 3 / Section 7-4
Miss. Code Ann. § 49-7-4
Status: in_force

The records of the Department of Wildlife, Fisheries and Parks relating to applications for and sales of any resident or nonresident licenses issued under this chapter, and all records related to holders of such licenses, are exempt from the provisions of the Mississippi Public Records Act of 1983, in accordance with Section 25-61-11 , and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records. However, upon request, the records specified in this section shall be available to all law enforcement agencies.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 26 / Section 28-3
Miss. Code Ann. § 49-28-3
Status: in_force

A petition for the incorporation of a shoreline and beach preservation district may be submitted to the board of supervisors of a county, referred to in this chapter as “board of supervisors,” signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the creation of the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district, which shall not include any property used for industrial purposes, unless the owner of that property submits a written request to the board of supervisors to be included in the district; (d) an estimate of the cost of special improvement projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 49-28-27 ; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 49-28-29 . The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition stating that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district.
Miss. Code Ann. § 49-4-21 — MS Code / Title 49 / Chapter 4 / Section 4-21
Miss. Code Ann. § 49-4-21
Status: in_force

The Attorney General shall be counsel and attorney for the commission and Department of Wildlife, Fisheries and Parks. The Attorney General shall designate one (1) of his deputies or assistants to be counsel and attorney for the commission and the department in all actions, proceedings and hearings. The deputy or assistant so designated shall be legal advisor of the commission and the department in all matters relating to the commission and the department and to the powers and duties of its officers.
Miss. Code Ann. § 49-19-25 — MS Code / Title 49 / Chapter 4 / Section 19-25
Miss. Code Ann. § 49-19-25
Status: in_force

(a) Any fire on any forested, cutover, brush lands or grass lands burning uncontrolled is hereby declared a public nuisance by reason of its menace to life and property. Any person, firm or corporation negligently or wilfully and maliciously responsible for the starting or the existence of such fire on land other than his own is hereby required to control or extinguish it immediately, and if said person, firm or corporation shall wilfully refuse, neglect or fail to do so, any organized fire suppression agency recognized by the Mississippi Forestry Commission, may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The cost of abating such nuisance, with all costs and reasonable attorney's fees to be allowed by the court, may be recovered from the person, firm or corporation responsible for such nuisance by civil action in the proper court, action for said recovery to be filed by the agency abating the nuisance. This section shall not impair any remedy now allowed by law.

(b) Any open cistern or well, which has been abandoned or is no longer used for the purpose of a cistern or well is hereby declared to be a public nuisance by reason of its menace to life and property, and the Mississippi Forestry Commission is hereby authorized to seal such cistern or well upon request of the landowner. A reasonable fee shall be charged for this purpose and all fees collected shall be handled in the same manner as other service charges collected by the commissioner.
Miss. Code Ann. § 49-15-69 — MS Code / Title 49 / Chapter 13 / Section 15-69
Miss. Code Ann. § 49-15-69
Status: in_force

(1) Any resident citizen of the State of Mississippi (a) who is not over sixteen (16) years of age; or (b) who is sixty-five (65) years of age or more; or (c) who has been adjudged to have a service-connected one hundred percent (100%) disability, shall not be required to purchase or possess a license or permit, except as provided by subsection (2) of this section, or to pay any fee or charge when fishing for or taking for personal, noncommercial use the following: (a) crabs, (b) shrimps, or (c) oysters.

(2) The commission is hereby directed to promulgate and publish rules and regulations to implement the policy set forth in subsection (1) of this section. Such rules shall provide that persons exempted under subsection (1) of this section shall apply to the department for certification as to age or disability and shall be required to carry a certification card issued by the commission while engaged in taking above-mentioned marine life.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 18 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 8 / 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. § 49-17-733 — MS Code / Title 49 / Chapter 11 / Section 17-733
Miss. Code Ann. § 49-17-733
Status: in_force

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

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

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

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

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

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

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

(4) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-7-13 — MS Code / Title 49 / Chapter 1 / Section 7-13
Miss. Code Ann. § 49-7-13
Status: in_force

(1) For the purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context determines otherwise:

(a) “ Raw fur ” means the skin that has not been removed from the carcass of a fur-bearing animal or nuisance animal.

(b) “ Green pelt ” means the skin, with hair or fur attached, that has been removed from a fur-bearing animal or nuisance animal, but has not been tanned or fleshed, stretched and dried.

(c) “ Dried pelt ” means the skin of a fur-bearing animal or nuisance animal that has been fleshed, stretched and dried.

(2) Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper's license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17 . This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper. No license shall be required of a resident who traps on lands in which the record title is vested in that person.

(3)(a) No person shall trap on the lands of another unless he has the permission of the landowner.

(b) No person shall use, on any public lands, a conibear-type or body-gripping trap with an inside jaw spread exceeding seven (7) inches, unless it is partially submerged in water. The designated legal authority of any public lands and its agents shall be exempt from the requirement of this subsection for the purpose of nuisance control.

(4)(a) Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number permanently inscribed on the trap or attached to the trap by a metal tag.

(b) A person exempt from purchasing a trapping license must tag or permanently inscribe any trap with his name, phone number and address.

(c) The conservation officer may take up any traps not properly marked.

(d) Every trapper shall visit his traps at least every thirty-six (36) hours.

(5) Except as otherwise provided in this section, no person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways.

(6)(a) A licensed trapper or resident under sixteen (16) years of age shall be allowed to trap fur-bearing animals during trapping season, and sell or consign the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals during the trapping season and for thirty (30) days after the close of the season. Only a licensed trapper or resident under sixteen (16) years of age may sell or consign the raw fur, green pelts and dried pelts of fur-bearing nuisance animals.

(b) A trapper may not transport the raw fur or green pelts of fur-bearing animals within the state from eleven (11) days after the close of trapping season until the opening day of the following trapping season, unless each raw fur or green pelt is tagged or documented with the name, address and trapping identification number of the person who harvested the raw fur or green pelt and the date and place of harvest. An official possession tag that has been issued by another state shall be considered legally documented.

(c) A licensed trapper may possess and maintain in storage the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals at any time.

(d) The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for thirty (30) days after the close of the season.

(7)(a) A municipality or county, or any person who has contracted with a municipality or county for the purpose authorized in this subsection, may place or set only snare traps within one hundred (100) feet of any road or street located within such municipality or county. Before the action authorized by this section is taken, the governing authority of the municipality or the board of supervisors of the county shall make a finding that such placement of snare traps is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals that threaten the safety of public roads and bridges. Snares shall be submerged at least fifty percent (50%).

(b) Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on property owned by the landowner within one hundred (100) feet of any road or street, but not within the maintained public road or street right-of-way.

(c) Snare traps, conibear-type or body-gripping traps shall be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.
Miss. Code Ann. § 49-19-37 — MS Code / Title 49 / Chapter 4 / Section 19-37
Miss. Code Ann. § 49-19-37
Status: in_force

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

(2) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 25 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-9-1 — MS Code / Title 49 / Chapter 4 / Section 9-1
Miss. Code Ann. § 49-9-1
Status: in_force

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

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

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

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

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

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

(f) “Mussel Abatement Program” means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.
Miss. Code Ann. § 49-15-43 — MS Code / Title 49 / Chapter 15 / 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. § 49-17-735 — MS Code / Title 49 / Chapter 3 / 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. § 49-17-519 — MS Code / Title 49 / Chapter 9 / 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. § 49-15-92 — MS Code / Title 49 / Chapter 4 / Section 15-92
Miss. Code Ann. § 49-15-92
Status: in_force

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

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

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

(4) This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
Miss. Code Ann. § 49-19-205 — MS Code / Title 49 / Chapter 18 / Section 19-205
Miss. Code Ann. § 49-19-205
Status: in_force

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

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

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

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

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

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

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

(g) “Forest development fund” shall mean the special fund established in the State Treasury, designated as the Forest Resource Development Fund, created by Section 49-19-227 .
Miss. Code Ann. § 49-17-409 — MS Code / Title 49 / Chapter 15 / Section 17-409
Miss. Code Ann. § 49-17-409
Status: in_force

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

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

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

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

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

(e) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 5 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-15-107 — MS Code / Title 49 / Chapter 11 / Section 15-107
Miss. Code Ann. § 49-15-107
Status: in_force

There is hereby granted to the commission and the commissioners thereof all the powers provided in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. Said powers shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Mississippi, or by the terms of said compact.
Miss. Code Ann. § 49-27-1 — MS Code / Title 49 / Chapter 19 / Section 27-1
Miss. Code Ann. § 49-27-1
Status: in_force

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
Miss. Code Ann. § 49-17-36 — MS Code / Title 49 / Chapter 13 / Section 17-36
Miss. Code Ann. § 49-17-36
Status: in_force

(1) It is unlawful for any person to knowingly: (a) fail to pay any fee assessed by the commission for administration of the federal air operating permit program; (b) fail to satisfy any air operating permit filing requirement; (c) make any false statement, representation of certification in any notice or report required by an air operating permit; or (d) render inaccurate any air monitoring device or method required by an air operating permit; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.

(2) In determining the amount of penalty under this section, the following shall be considered at a minimum:

(a) The willfulness of the violation;

(b) Any damage to air, water, land or other natural resources of the state or their uses;

(c) Costs of restoration or abatement;

(d) Economic benefit as a result of noncompliance;

(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and

(f) Past performance history.

(3) All fines collected by the commission under this section shall be deposited into the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972 .
Miss. Code Ann. § 49-23-35 — MS Code / Title 49 / Chapter 13 / Section 23-35
Miss. Code Ann. § 49-23-35
Status: in_force

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

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

Each such outdoor advertising sign, display or device heretofore or hereafter erected or maintained without such notice of ownership being posted as aforesaid shall be construed to have attached to the real estate and to be owned by the owner of the real estate upon which the said outdoor advertising is located.
Miss. Code Ann. § 49-7-56 — MS Code / Title 49 / Chapter 2 / Section 7-56
Miss. Code Ann. § 49-7-56
Status: in_force

It is lawful for any restaurant to possess, prepare and serve lawfully, recreationally caught marine finfish to the persons who caught the finfish.
Miss. Code Ann. § 49-11-25 — MS Code / Title 49 / Chapter 4 / Section 11-25
Miss. Code Ann. § 49-11-25
Status: in_force

Each operator shall maintain a registration book listing the names and hunting license numbers of all hunters and the date on which they hunted. An accurate record must be maintained of the total number, by species, of game released and harvested each day the preserve or enclosure is hunted. The operator shall submit this information in an annual report of operations each year to the department not later than June 1 following. These records shall be open to inspection by the department at any reasonable time. Any person, partnership, association or corporation licensed hereunder consents to the patrolling of the shooting preserve or commercial wildlife enclosure areas by the department, without warrant, to determine if any of the game laws or regulations are being violated.
Miss. Code Ann. § 49-17-521 — MS Code / Title 49 / Chapter 7 / Section 17-521
Miss. Code Ann. § 49-17-521
Status: in_force

(1) After August 31, 1998, it is unlawful for any firm which does not possess a valid lead-based paint certified firm certificate to perform or offer to perform any lead-based paint activity covered under Sections 49-17-501 through 49-17-531 . Certificates issued prior to July 1, 2009, shall be valid only for abatements. Certificates issued after July 1, 2009, shall indicate whether the firm is certified for renovations or abatements; or certified for both renovations and abatements.

(2) To qualify for a lead-based paint certified firm certificate, an applicant shall submit to the commission a letter attesting that the firm shall employ only appropriately certified employees to conduct lead-based paint activities and that the firm and its employees shall follow the work practice standards adopted under Sections 49-17-501 through 49-17-531 in conducting those activities. Applicant's letter submitted after July 1, 2009, shall indicate whether the applicant intends to perform renovations or abatements; or to perform both renovations and abatements.

(3) Applicants for lead-based paint certified firm certificate shall pay the applicable fee.
Miss. Code Ann. § 49-15-44 — MS Code / Title 49 / Chapter 5 / Section 15-44
Miss. Code Ann. § 49-15-44
Status: in_force

The department shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63 .
Miss. Code Ann. § 49-23-17 — MS Code / Title 49 / Chapter 23 / Section 23-17
Miss. Code Ann. § 49-23-17
Status: in_force

(1) The Mississippi Transportation Commission is authorized to acquire by purchase, gift or condemnation, all advertising devices and any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of Section 49-23-15 . Just compensation shall be paid for the acquisition and for the removal of any outdoor advertising lawfully erected as defined in Section 131 of Title 23, United States Code , as amended, that is required to be removed under the provisions of Section 49-23-15 . The use of amortization for whatever period shall not constitute just compensation.

(2) If any political subdivision or other governmental agency requires the removal of any outdoor advertising sign lawfully erected, just compensation shall be paid to the owner of the sign for the cost of removal plus the fair market value of the sign removed. The use of amortization for whatever period shall not constitute just compensation.

(3) Damages resulting from any taking in eminent domain shall be ascertained in the manner presently provided by law, or in such manner as the Legislature may hereafter provide, and shall be limited to:

(a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and

(b) The taking from the owner of the real property on which the sign, display or device is located, of the right to erect and maintain such signs, displays and devices thereon, less enhancement of the property remaining by reason of removal of such sign, display or device and special benefits resulting therefrom.

(4) This section shall not apply to any on-premises sign ordinance adopted by a political subdivision or other governmental agency before May 15, 1992.
Miss. Code Ann. § 49-28-35 — MS Code / Title 49 / Chapter 17 / Section 28-35
Miss. Code Ann. § 49-28-35
Status: in_force

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

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

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

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

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

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

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

If the board of commissioners determines that the area rule is the most equitable method of distributing the cost among the properties, then the resolution shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire cost to be assessed by the total number of acres or square feet in the area being benefited and that is subject to the special assessment, and multiplying the quotient by the total number of acres or square feet in any particular lot or parcel of land. The result of this formula shall be assessed against each lot or parcel of land for the owner's part of the cost of the entire improvement to be paid through special assessments.
Miss. Code Ann. § 49-15-100.3 — MS Code / Title 49 / Chapter 2 / Section 15-100.3
Miss. Code Ann. § 49-15-100.3
Status: in_force

The possession of a gill net, trammel net or like contrivance, or any other equipment prohibited for use in the taking or harvesting of seafood under this chapter on a vessel on the marine waters of this state where the use of the net, contrivance or equipment is prohibited, shall constitute prima facie evidence that an offense has been committed to take or harvest seafood with nets, contrivances or equipment prohibited by this chapter, unless the vessel is:

(a) Anchored or moored at a permanent facility intended for the mooring of vessels;

(b) Traveling directly between a marina, harbor or public boat launching facility and a United States Coast Guard marked and maintained navigation channel; or

(c) Traveling within a United States Coast Guard marked and maintained navigation channel.
Miss. Code Ann. § 49-5-147 — MS Code / Title 49 / Chapter 3 / Section 5-147
Miss. Code Ann. § 49-5-147
Status: in_force

For the purposes of Sections 49-5-141 through 49-5-157 , the following words shall have the meaning ascribed herein unless the context shall otherwise require:

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

(b) “ Committee ” or “ Wildlife Heritage Committee ” means the Mississippi Commission on Wildlife, Fisheries and Parks.

(c) “ Dedicate ” means the transfer to the Mississippi Commission on Wildlife, Fisheries and Parks of any estate, interest or right in any natural area to be held for the people of Mississippi in a manner provided in Section 49-5-155 .

(d) “ Natural area ” means an area of land, water or air, or combination thereof, which contains an element of the state's natural diversity, including, but not limited to, individual plant or animal life, natural geological areas, habitats of endangered or threatened species, ecosystems or any other area of unique ecological, scientific or educational interest.

(e) “ Natural area preserve ” means a natural area which is voluntarily dedicated.

(f) “ Register ” means the act of agreement between the owner of a natural area and the Mississippi Commission on Wildlife, Fisheries and Parks for designation of the natural area and for its placement on the register of natural areas by voluntary agreement between the owner of the natural area and the commission.

(g) “ Register of natural areas ” means a listing of natural areas which are being managed by the owner of the natural area according to the rules and regulations of the Mississippi Commission on Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-18-1 — MS Code / Title 49 / Chapter 17 / Section 18-1
Miss. Code Ann. § 49-18-1
Status: in_force

This chapter may be cited as the Mississippi Liability of Persons Responding to Oil Spills Act.
Miss. Code Ann. § 49-17-703 — MS Code / Title 49 / Chapter 7 / Section 17-703
Miss. Code Ann. § 49-17-703
Status: in_force

In the spirit of the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for consolidation of water, wastewater and storm water services in order to reduce costs, promote resilience in the event of a disaster, improve the quality of the natural environment, and improve the planning and delivery of quality water, wastewater and storm water services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is the need for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water services in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater and storm water services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Coast Region Utility Act is determined to be necessary and essential to the accomplishment of these purposes. To facilitate the purposes of the act, the Gulf Coast Region Utility Board, the George County Utility Authority, the Hancock County Utility Authority, the Harrison County Utility Authority, the Jackson County Utility Authority, the Pearl River County Utility Authority and the Stone County Utility Authority are created herein.
Miss. Code Ann. § 49-7-17 — MS Code / Title 49 / Chapter 6 / 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. § 49-7-3 — MS Code / Title 49 / Chapter 3 / Section 7-3
Miss. Code Ann. § 49-7-3
Status: in_force

(1) Any resident of the State of Mississippi shall be entitled to receive a resident fishing license.

(2) Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5 . The domicile of a person is that person's principal or primary home or place of abode. A “ principal or primary home or place of abode ” is that home or place in which a person's habitation is fixed and to which he, 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 shall be on the person claiming such status. The following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: driver's license, valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the person submitting the identification card, residence for income or other tax purposes, homestead exemption receipt, or any 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.

(3) A nondomiciliary of the state may be issued a resident hunting or fishing license or combination resident hunting/fishing license upon providing the following:

(a) A current identification card from a Mississippi college or university; or

(b) A current military identification card showing that the person is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and proof that the person is stationed on a military base in Mississippi.

(4) A nondomiciliary of the state may be issued a special Armed Forces fourteen-day hunting and fishing license with the same hunting and fishing privileges and at the same fee of a resident sportsman's license, if the nondomiciliary is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and his application is approved by the department. The applicant must file his application for the special fourteen-day license in the office of the department. The department shall establish requirements for proof of active military status and any other requirements it deems desirable. The department shall not issue more than two (2) special fourteen-day licenses to the same applicant per license year.

(5) A holder of a resident or nonresident license is required to carry the license on his person while engaged in hunting, trapping or fishing. Any penalty for not carrying a license while engaged in hunting, trapping or fishing shall be waived if the person can verify purchase of a license prior to the date of the violation.

(6) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 .
Miss. Code Ann. § 49-11-23 — MS Code / Title 49 / Chapter 1 / Section 11-23
Miss. Code Ann. § 49-11-23
Status: in_force

The operator shall furnish and issue a consecutively numbered certificate to any hunter or person leaving with harvested game. The certificate shall bear the license number and name of the shooting preserve or commercial wildlife enclosure or its licensed operator. The certificate shall contain the person's name, address, date of issuance and number and species of harvested game in possession. The certificate must remain with the harvested game until the game is prepared for consumption.
Miss. Code Ann. § 49-7-51 — MS Code / Title 49 / Chapter 5 / Section 7-51
Miss. Code Ann. § 49-7-51
Status: in_force

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

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

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

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

(iii) Any parts of nuisance animals.

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

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

(2) Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-19-177 — MS Code / Title 49 / Chapter 8 / Section 19-177
Miss. Code Ann. § 49-19-177
Status: in_force

The compact administrator, with the assistance of the advisory committee, shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein and Sections 49-19-171 through 49-19-179 shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 19 / Section 19-15
Miss. Code Ann. § 49-19-15
Status: in_force

The state forestry fund when made available by proper appropriation by the Legislature, shall be expended by the commission in carrying out and enforcing all laws pertaining to the protection of forests as the commission may direct, the vouchers to be drawn and paid as by other departments of the state.
Miss. Code Ann. § 49-28-21 — MS Code / Title 49 / Chapter 6 / Section 28-21
Miss. Code Ann. § 49-28-21
Status: in_force

The board of supervisors may, upon petition by the board of commissioners of the district, exercise the power of eminent domain on behalf of the district wherever and whenever public necessity and convenience so requires.
Miss. Code Ann. § 49-17-3 — MS Code / Title 49 / Chapter 5 / 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. § 49-33-13 — MS Code / Title 49 / Chapter 31 / Section 33-13
Miss. Code Ann. § 49-33-13
Status: in_force

This chapter shall not affect any right or remedy granted an owner under the United States or Mississippi Constitutions or the laws of the United States and the State of Mississippi. Nothing in this chapter shall be construed to preclude an owner from bringing a legal challenge and seeking remedies at law or equity arising out of any action of the State of Mississippi regardless of whether the action constituted a taking, an inverse condemnation, or resulted in a diminution in value of forty percent (40%) or less.
Miss. Code Ann. § 49-19-225 — MS Code / Title 49 / Chapter 6 / Section 19-225
Miss. Code Ann. § 49-19-225
Status: in_force

Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the commission. The commission shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.
Miss. Code Ann. § 49-23-15 — MS Code / Title 49 / Chapter 8 / Section 23-15
Miss. Code Ann. § 49-23-15
Status: in_force

Any sign, display or device lawfully erected which does not conform to Sections 49-23-1 through 49-23-29 shall be required to be removed before the end of the fifth year after it becomes nonconforming.
Miss. Code Ann. § 49-17-23 — MS Code / Title 49 / Chapter 5 / Section 17-23
Miss. Code Ann. § 49-17-23
Status: in_force

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

All minutes of commission meetings and hearings, and all rules, regulations, and orders made by the commission shall be in writing and shall be filed in full by the commission in a book for such purposes, to be kept by the commission which shall be a public record and open to inspection by the public at all times during all reasonable hours. The commission shall compile and publish annually the rules and regulations promulgated by the commission in current consolidated version. The commission shall provide the consolidated compilation of the rules and regulations to the public for a cost sufficient to cover printing and postage and administrative expenses, including the cost of any contractual services necessary to compile and publish such rules and regulations on an annual basis. A copy of any rule, minutes, regulation or order certified by the commission shall be received in evidence in all courts of this state with the same effect as the original. The commission shall compile and index on a current date basis all orders of the commission in a book for such purposes that shall be available for inspection and copying by the public. All responsibilities of the commission pursuant to this section may be delegated by the commission to the Executive Director.
Miss. Code Ann. § 49-17-71 — MS Code / Title 49 / Chapter 10 / 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. § 49-33-3 — MS Code / Title 49 / Chapter 26 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-1-49 — MS Code / Title 49 / Chapter 1 / Section 1-49
Miss. Code Ann. § 49-1-49
Status: in_force

The commission is hereby authorized to, and shall cooperate with the several state departments and officials in the conduct of matters in which the interest of the respective departments or officials overlap.
Miss. Code Ann. § 49-31-19 — MS Code / Title 49 / Chapter 13 / Section 31-19
Miss. Code Ann. § 49-31-19
Status: in_force

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

(2) In order to orient students and their families to the minimization of waste and to encourage the participation of schools, communities and families in waste minimization programs, the school board of each school district in the state shall provide a program of student instruction in the minimization of waste materials. The instruction shall be provided at both the elementary and secondary levels of education.
Miss. Code Ann. § 49-17-37 — MS Code / Title 49 / Chapter 4 / 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. § 49-5-157 — MS Code / Title 49 / Chapter 2 / Section 5-157
Miss. Code Ann. § 49-5-157
Status: in_force

(1) A natural area preserve is held in trust by the State of Mississippi for present and future generations and shall be managed and protected according to the rules and regulations set forth by the commission. A natural area preserve is hereby declared to be at the highest, best and most important use for the public.

(2) The commission shall inspect or provide for the inspection of at least annually, each natural area preserve to insure that the terms of the articles of dedication are being respected.
Miss. Code Ann. § 49-19-29 — MS Code / Title 49 / Chapter 1 / Section 19-29
Miss. Code Ann. § 49-19-29
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the Forest Improvement Revolving Fund. Money in the revolving fund shall be used by the State Forestry Commission, upon appropriation by the Legislature, to assist in the reforestation and growth improvement of the forests, woodlands, and publicly owned lands of the state, including sixteenth section lands, Camp Shelby, Columbia Training School and colleges and universities.

(2) Landowners who contract with the commission for such work shall pay to the commission its actual cost for conducting such work. Money received for this work by the commission shall be paid into the State Treasury for deposit into the revolving fund.

(3) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-17-749 — MS Code / Title 49 / Chapter 8 / Section 17-749
Miss. Code Ann. § 49-17-749
Status: in_force

Whenever a public agency shall have executed a contract under this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's systems, or any part thereof, or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rate or fees charged by the public agency for the services of such systems, so that the revenues therefrom, together with any taxes and special assessments levied in support thereof, will be sufficient at all times to pay:

(a) The expense of operating and maintaining such systems, including all of the public agency's obligations to the county authority, its successors or assigns under such contract; and

(b) All of the public agency's obligations under and in connection with bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates and fees are to be adjusted.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 4 / Section 31-3
Miss. Code Ann. § 49-31-3
Status: in_force

The Legislature finds that:

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

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

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

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

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

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

(g) Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Miss. Code Ann. § 49-17-35 — MS Code / Title 49 / Chapter 11 / Section 17-35
Miss. Code Ann. § 49-17-35
Status: in_force

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such investigations as it deems necessary and may call a special hearing or may schedule such matter for its next regular meeting or hearing day, and after such hearings and with all convenient speed and in any event within thirty (30) days after the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate.
Miss. Code Ann. § 49-19-33 — MS Code / Title 49 / Chapter 6 / Section 19-33
Miss. Code Ann. § 49-19-33
Status: in_force

The Southern Regional Fire Training Center Building located in Pearl, Mississippi, shall be renamed the Richard (Dick) Allen Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Richard (Dick) Allen Building which states the background, accomplishments and service to Mississippi of Richard Allen as Executive Director of the State Forestry Commission.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 5 / 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. § 49-33-5 — MS Code / Title 49 / Chapter 25 / Section 33-5
Miss. Code Ann. § 49-33-5
Status: in_force

It is declared the policy of the State of Mississippi to conserve, protect and encourage the continued use, development and improvement of forest and agricultural land within the state for the production of agricultural products and timber, wood and forest products including nongame species. The vital and significant contributions of forestry and agricultural activities to the economy of the State of Mississippi and the use of land in the state as forest and agricultural lands are essential factors in providing for the favorable quality of life in the State of Mississippi.
Miss. Code Ann. § 49-17-85 — MS Code / Title 49 / Chapter 2 / Section 17-85
Miss. Code Ann. § 49-17-85
Status: in_force

(1) There is established in the State Treasury a fund to be known as the “Water Pollution Control Revolving Fund,” which shall be administered by the commission acting through the department. The revolving fund may receive bond proceeds and funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source, public or private. The revolving fund shall be maintained in perpetuity for the purposes established in this section.

(2) There is established in the State Treasury a fund to be known as the “Water Pollution Control Hardship Grants Fund,” which shall be administered by the commission acting through the department. The grants fund shall be maintained in perpetuity for the purposes established in this section. Any interest earned on monies in the grants fund shall be credited to that fund.

(3) The commission shall promulgate regulations for the administration of the revolving fund program, the hardship grants program and for related programs authorized under this section. The regulations shall be in accordance with the federal Water Quality Act of 1987, as amended, and regulations and guidance issued under that act. The commission may enter into capitalization grant agreements with the United States Environmental Protection Agency and may accept capitalization grant awards made under Title VI of the Water Quality Act of 1987, as amended.

(4) The commission shall establish a loan program which shall commence after October 1, 1988, to assist political subdivisions in the construction of water pollution control projects. Loans from the revolving fund may be made to political subdivisions as set forth in a loan agreement in amounts not exceeding one hundred percent (100%) of eligible project costs as established by the commission. Notwithstanding loan amount limitations set forth in Section 49-17-61 , the commission may require local participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the revolving fund. The commission may establish a maximum amount for any loan in order to provide for broad and equitable participation in the program.

(5) The commission shall establish a hardship grants program for rural communities, which shall commence after July 1, 1997, to assist severely economically disadvantaged small rural political subdivisions in the construction of water pollution control projects. The commission may receive and administer state or federal funds, or both, appropriated for the operation of this grants program and may take all actions necessary to implement the program in accordance with the federal hardship grants program. The hardship grants program shall operate in conjunction with the revolving loan program administered under this section.

(6) The commission shall act for the state in all matters and with respect to all determinations under Title VI of the federal Water Quality Act of 1987, as amended, and the federal Omnibus Appropriations and Recision Act of 1996.

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

(a) To make loans on the condition that:

(i) The loans are made at or below market interest rates, at terms not to exceed the maximum time allowed by federal law after project completion; the interest rate and term may vary from time to time and from loan to loan at the discretion of the commission;

(ii) Periodic principal and interest payments will commence when required by the commission but not later than one (1) year after project completion and all loans will be fully amortized when required by the commission but not later than the maximum time allowed by federal law after project completion;

(iii) The recipient of a loan will establish a dedicated source of revenue for repayment of loans;

(b) To buy or refinance the debt obligation of political subdivisions at or below market rates, where the debt obligations were incurred after March 7, 1985, and where the projects were constructed in compliance with applicable federal and state regulations;

(c) To guarantee, or purchase insurance for, obligations of political subdivisions where the action would improve credit market access or reduce interest rates;

(d) To provide loan guarantees for similar revolving funds established by municipalities or intermunicipal agencies;

(e) To earn interest on fund accounts;

(f) To establish nonpoint source pollution control management programs;

(g) To establish estuary conservation and management programs;

(h) For the reasonable costs of administering the revolving fund and conducting activities under this act, subject to the limitations established in Section 603(d)(7) of Title VI of the federal Clean Water Act, as amended, and subject to annual appropriation by the Legislature;

(i) In connection with the issuance, sale and purchase of bonds under Section 31-25-1 et seq. , related to the funding of projects, to provide security or a pledge of revenues for the repayment of the bonds; and

(j) To pay the principal and interest on bonds issued pursuant to Section 11 of Chapter 580, Laws of 2007, Section 1 of Chapter 492, Laws of 2008, Section 47 of Chapter 557, Laws of 2009, Section 45 of Chapter 533, Laws of 2010, Section 3 of Chapter 480, Laws of 2011, Section 36 of Chapter 569, Laws of 2013, Section 9 of Chapter 452, Laws of 2018, Section 1 of Chapter 415, Laws of 2019, Section 16 of Chapter 492, Laws of 2020, and Section 137 of Chapter 480, Laws of 2021, as they become due; however, only interest and investment earnings on money in the fund may be utilized for this purpose.

(8) The hardship grants program shall be used only to provide hardship grants consistent with the federal hardship grants program for rural communities, regulations and guidance issued by the United States Environmental Protection Agency, subsections (3) and (5) of this section and regulations promulgated and guidance issued by the commission under this section.

(9) The commission shall establish by regulation a system of priorities and a priority list of projects eligible for funding with loans from the revolving fund.

(10) The commission may provide a loan from the revolving fund only with respect to a project if that project is on the priority list established by the commission.

(11) The revolving fund shall be credited with all payments of principal and interest derived from the fund uses described in subsection (7) of this section. However, notwithstanding any other provision of law to the contrary, all or any portion of payments of principal and interest derived from the fund uses described in subsection (7) of this section may be designated or pledged for repayment of a loan as provided in Section 31-25-28 in connection with a loan from the Mississippi Development Bank.

(12) The commission may establish and collect fees to defray the reasonable costs of administering the revolving fund if it determines that the administrative costs will exceed the limitations established in Section 603(d)(7) of Title VI of the federal Clean Water Act, as amended. The administration fees may be included in loan amounts to political subdivisions for the purpose of facilitating payment to the commission. The fees may not exceed five percent (5%) of the loan amount.

(13) Except as otherwise provided in this section, the commission may, on a case-by-case basis and to the extent allowed by federal law, renegotiate the payment of principal and interest on loans made under this section to the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to political subdivisions located in such counties; however, the interest on the loans shall not be forgiven for a period of more than twenty-four (24) months and the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.

(14) The commission may, on a case-by-case basis and to the extent allowed by federal law, renegotiate the payment of principal and interest on loans made under this section to Hancock County as a result of coverage under the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to political subdivisions located in Hancock County.
Miss. Code Ann. § 49-17-505 — MS Code / Title 49 / Chapter 1 / 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. § 49-13-21 — MS Code / Title 49 / Chapter 1 / Section 13-21
Miss. Code Ann. § 49-13-21
Status: in_force

Any person, firm or corporation shipping quail into this state shall be subject to the provisions of this chapter.
Miss. Code Ann. § 49-37-1 — MS Code / Title 49 / Chapter 21 / Section 37-1
Miss. Code Ann. § 49-37-1
Status: in_force

This chapter shall be known and may be cited as the “Statewide Scientific Information Management Act of 1999.”
Miss. Code Ann. § 49-28-19 — MS Code / Title 49 / Chapter 4 / Section 28-19
Miss. Code Ann. § 49-28-19
Status: in_force

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

(a) To sue and be sued;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Any district created under this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which the district is created. No enumeration of powers in this section shall be construed to impair or limit any general grant of power contained in this section nor to limit any grant to a power or powers of the same class or classes as those enumerated.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 18 / Section 27-53
Miss. Code Ann. § 49-27-53
Status: in_force

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
Miss. Code Ann. § 49-25-13 — MS Code / Title 49 / Chapter 5 / 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. § 49-7-31 — MS Code / Title 49 / Chapter 1 / Section 7-31
Miss. Code Ann. § 49-7-31
Status: in_force

(1) The open season on deer shall be as follows:

(a) With bow and arrow: October 1 through the Friday prior to Thanksgiving.

(b) With guns and with dogs: from the Saturday prior to Thanksgiving through December 1.

(c) With primitive weapons and without dogs: December 2 through December 15.

(d) With guns and without dogs: December 16 through December 23. However, the commission may allow hunting statewide or in specific areas with any legal weapon which it may designate without dogs after the end of the last season for hunting deer with guns and with dogs, but the season with legal designated weapons and without dogs shall not extend beyond January 31.

(e) The commission shall establish an extended season with primitive weapons and bow and arrow without dogs from February 1 through February 15 for the area south of U.S. Highway 84 and east of Mississippi Highway 35 only for legal bucks. Any antlered deer taken in this area during any open season under this section must be a legal buck as defined in this paragraph. For purposes of this paragraph, the term “ legal buck ” means a deer with antlers of four (4) points or more with a minimum inside spread of ten (10) inches or a minimum main beam length of thirteen (13) inches. The commission may regulate the taking of deer with antlers of four (4) points or less under this paragraph for the proper management of antlered deer. The commission may delay the opening date and change the length of bow and arrow season in paragraph (a) in this area.

(f) With guns and with dogs: December 24 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns and with dogs when added to the number of days provided for hunting deer with guns and with dogs in paragraph (b).

(g) When the open season on deer ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(2) The commission may set and regulate the deer seasons on wildlife management areas which it administers.

(3)(a) The commission may allow the harvesting of antlerless deer in the districts or zones upon the recommendation of the executive director based upon good and substantial quantitative data and research evaluations that demonstrate that the harvesting is necessary to properly manage the herd.

(b) The commission, only upon the recommendation of the executive director, may allow the harvesting of antlerless deer during the deer season with guns and with dogs by a majority vote of the commission.

(c) Nothing in this subsection prohibits the harvesting of either-sex deer by landowners or leaseholders on private lands under the deer management assistance program prescribed or approved by the executive director.

(4) The commission may provide a special permit for the harvesting of deer when they are depredating and destroying crops. The department shall supervise the harvesting and provide for the salvaging of the meat of the animals. The commission may authorize the department to assist any farmer in this state, who sustains crop damage by wildlife, in eradication of the problem wildlife.

(5)(a) During any open season on deer with primitive weapons after November 30, a person may use any legal weapon of choice on private lands only, if the person is:

(i) The title owner of the land;

(ii) The lessee of the hunting rights on the land;

(iii) A member of a hunting club leasing the hunting rights on the land; or

(iv) A guest of a person specified in subparagraph (i), (ii) or (iii).

(b) If the person is required to have a hunting license, the person must have a primitive weapon license, Sportsman's License or a Lifetime Sportsman's License.

(6) The commission shall establish and regulate special hunts during velvet hunting season, outside of the regular open season on deer, as provided in Section 49-7-31.6 .
Miss. Code Ann. § 49-13-5 — MS Code / Title 49 / Chapter 11 / Section 13-5
Miss. Code Ann. § 49-13-5
Status: in_force

Any person, firm or corporation may engage in the business of propagating pen-raised quail for the commercial sale for consumption thereof by complying with the provisions of this chapter and may thereafter sell either live quail or the carcasses of such pen-raised quail either within or without this state.
Miss. Code Ann. § 49-35-5 — MS Code / Title 49 / Chapter 13 / Section 35-5
Miss. Code Ann. § 49-35-5
Status: in_force

The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Brownfield agreement ” means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site.

(b) “ Brownfield agreement site ” means brownfield property that is remediated under a brownfield agreement. The site shall consist of the brownfield property that is the subject of the application and any other brownfield property (i) for which the source of contamination is environmental contamination or activities on or under the brownfield property that is the subject of the application, and (ii) concerning which the commission determines that remediation is necessary.

(c) “ Brownfield party ” means any person who desires to execute and implement a brownfield agreement, including but not limited to, the record owner of the brownfield agreement site, a person who desires to either buy or sell the brownfield agreement site for the purpose of developing or redeveloping that site and the successors and assigns of these owners and persons, and local governments and other political subdivisions that desire to promote the development or redevelopment of the brownfield agreement site.

(d) “ Brownfield property ” means any property where use is limited by actual or potential environmental contamination, or the perception of environmental contamination, and that is or may be subject to remediation under any state environmental program or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USCS 9601 et seq. (1997) (CERCLA), but does not include any of the following:

(i) Those sites proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL or those sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites;

(ii) Those sites for which an order or enforcement action is issued or entered under CERCLA or Sections 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA) and which is still in effect; and

(iii) Those sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.

(e) “ Commission ” means the Commission on Environmental Quality.

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

(g) “ Engineering control ” means a modification to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatment, or slurry walls, but shall not include the exclusive use of security fencing.

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

(i) “ Land-use restriction ” means the limitation on use of or access to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These restrictions may include, but are not limited to, deed restrictions, use restrictions, or restrictive zoning.

(j) “ Local government ” means a county or municipality within the State of Mississippi.

(k) “ Person ” means person as defined in Section 17-17-3 .

(l) “ Potentially responsible party ” means a person who is or may be liable for remediation under a remedial program.
Miss. Code Ann. § 49-17-429 — MS Code / Title 49 / Chapter 10 / Section 17-429
Miss. Code Ann. § 49-17-429
Status: in_force

No person may install, alter or remove an underground storage tank after July 1, 1990, without first having been certified by the Commission on Natural Resources. The commission shall adopt rules and regulations setting forth the requirements for such certification which shall include but not be limited to a certification examination.
Miss. Code Ann. § 49-17-14 — MS Code / Title 49 / Chapter 8 / 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. § 49-7-9.1 — MS Code / Title 49 / Chapter 3 / Section 7-9.1
Miss. Code Ann. § 49-7-9.1
Status: in_force

(1)(a) Any resident engaged in fishing for commercial purposes and selling or peddling nongame gross fish at retail or selling or shipping same at wholesale, as to markets, dealers or canning plants, shall purchase a commercial fishing license.

(b) A licensee must label each piece of commercial fishing equipment with a waterproof or metal tag containing any information required by the department. A piece of commercial fishing equipment is defined as: One (1) each hoop or barrel net; one thousand (1,000) feet or less of trotline; one thousand (1,000) feet or less of snagline; three thousand (3,000) feet or less of gill netting; or three thousand (3,000) feet or less of trammel netting. Netting of over three thousand (3,000) feet is prohibited.

(c) Upon the purchase of a commercial license for use of hoop or barrel nets, the licensee is permitted to use lead nets thirty-five (35) yards in length for each two (2) barrel nets used, but not to exceed seven (7) lead nets.

(2) Each person taking nongame gross fish as defined in Section 49-7-1 , of any kind from the fresh waters of the state shall be considered a producer and shall be entitled to sell his own catch of nongame gross fish to anyone except as otherwise provided by law or applicable regulations.

(3) Each resident buying or handling nongame gross fish secured from commercial fishermen or others for the purpose of resale, whether handled on a commission basis or otherwise, and each resident shipping nongame gross fish not his own catch out of the State of Mississippi shall be considered a wholesale dealer and shall purchase a commercial fishing license. Resident wholesale dealers' licenses shall be issued only to persons who have been bona fide residents of the State of Mississippi for at least six (6) months.

(4) Each resident buying nongame gross fish from a licensed wholesale dealer or licensed commercial fisherman for retail sale to the consumer only on rural or urban routes shall purchase a commercial fishing license to do so.

(5) Each resident engaged in the buying and selling of nongame gross fish as a wholesale dealer's agent, whether on a commission or salary basis, or otherwise, and not selling in the open market, shall purchase a commercial fishing license and shall be responsible for any illegal transaction ensuing between the time he purchases the fish from the fisherman and the time the fish are accepted by the wholesaler by whom he is employed.

(6)(a) Any resident using a wooden or plastic slat basket shall purchase a slat basket license for each basket each year in addition to a commercial fishing license. Slat baskets are defined as commercial fishing devices used solely for the capture of catfish and made entirely of wood and/or plastic slats in a box-like or cylindrical shape. Slat baskets shall not exceed six (6) feet in length nor exceed fifteen (15) inches in width and height or diameter, may have no more than two (2) throats, and must have at least four (4) slot openings at least one and one-fourth (1- 1 / 4 ) by twenty-four (24) inches evenly spaced around the sides of the catch area. The one and one-fourth (1- 1 / 4 ) inch wide slots or greater must begin at the rear of the basket and run twenty-four (24) inches toward the throat end of the basket. Slat baskets shall be placed at least one hundred (100) yards apart and may not be used with any form of leads, netting or guiding devices.

(b) Each slat basket shall have a waterproof or metal tag attached to it containing any information required by the department. Any other identification of the owner of the slat basket shall meet any specifications required by the department. Slat baskets may be fished statewide except where specifically prohibited.

(c) Any violation of this subsection shall be a Class I violation as prescribed in Section 49-7-141 .

(7) It is unlawful for any person to offer for sale undersized nongame gross fish.

(8)(a) The fee for a resident commercial fishing license shall be Thirty Dollars ($30.00).

(b) The fee for a slat basket license shall be Thirty Dollars ($30.00).

(9) Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-5-49 — MS Code / Title 49 / Chapter 3 / Section 5-49
Miss. Code Ann. § 49-5-49
Status: in_force

No person called upon to testify as a witness, by or under authority of any court, in any case brought under this chapter, or any law or regulation for the protection of wild animals, birds, or fish shall be excused or exempted from so testifying on the ground that the testimony sought might incriminate him or tend to incriminate him, whether he is called upon to give evidence or produce books, records and papers, but such person shall not thereafter be prosecuted for any offense concerning which he is so called upon to give such testimony or furnish such books, papers, or documents.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 6 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-10-3 — MS Code / Title 49 / Chapter 7 / Section 10-3
Miss. Code Ann. § 49-10-3
Status: in_force

It is unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this article, to exercise that right or privilege within this state or to purchase or possess such a license which grants such right or privilege. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this state in violation of such suspension or revocation pursuant to this compact shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00) or imprisonment for a period not exceeding twelve (12) months or both.
Miss. Code Ann. § 49-35-11 — MS Code / Title 49 / Chapter 21 / Section 35-11
Miss. Code Ann. § 49-35-11
Status: in_force

(1) If the commission finds that the proposed brownfield agreement complies with this article and regulations, the commission, by order, shall approve the proposed brownfield agreement. After approval of the brownfield agreement, the executive director and the brownfield party shall execute the brownfield agreement.

(2) The commission may enter into a brownfield agreement as proposed by the department or may modify that agreement before entering into it. The commission subsequently may modify any brownfield agreement by entry of an order. The commission orders issued under this article shall be reviewable as provided in Section 49-17-41 . The commission may disapprove a proposed brownfield agreement or decline to enter into a brownfield agreement by entry of an order. In the order, the commission shall state the reasons for disapproval of the agreement or declining to enter into the agreement.

(3) Until the executive director issues a “no further action” letter under Section 49-35-15 , approval from the commission shall be required for any sale, conveyance or other change in surface ownership of any portion of the brownfield agreement site owned by the brownfield party desiring to make the change in ownership, if the new surface owner will perform any obligations under the brownfield agreement. That brownfield party and the new surface owner jointly shall provide information satisfactory to the commission that the new surface owner has the financial, managerial and technical resources to complete performance of the brownfield agreement obligations to be transferred and that the new surface owner agrees to complete this performance. If the commission determines that the new surface owner has the financial, managerial, and technical resources to complete this performance and has agreed to do so, the commission shall issue an order approving the transfer.

(4) Except for orders issued under subsections (1) and (2) of this section and Section 49-35-13(2) , the commission, under any conditions it may prescribe, may authorize the executive director to issue any orders required under this article. A decision by the executive director shall be a decision of the commission and shall be reviewable as provided under Section 49-17-41 .
Miss. Code Ann. § 49-13-3 — MS Code / Title 49 / Chapter 10 / Section 13-3
Miss. Code Ann. § 49-13-3
Status: in_force

As used in this chapter, the term:

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

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

(c) “ Pen-raised quail ” means a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the Mississippi Commission on Wildlife, Fisheries and Parks.

(d) “Quail” means all species of quail native to North America and coturnix quail.
Miss. Code Ann. § 49-15-315 — MS Code / Title 49 / Chapter 1 / Section 15-315
Miss. Code Ann. § 49-15-315
Status: in_force

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

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

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

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

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

(4) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2) , or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 6 / Section 15-61
Miss. Code Ann. § 49-15-61
Status: in_force

The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
Miss. Code Ann. § 49-17-86 — MS Code / Title 49 / Chapter 3 / Section 17-86
Miss. Code Ann. § 49-17-86
Status: in_force

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

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

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

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

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

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

(a) To make loans on the condition that:

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

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

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

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

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

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

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

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

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

(7) The board may, on a case-by-case basis, renegotiate the payment of principal and interest on loans made under this section to the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to political subdivisions located in such counties; however, the interest on the loans shall not be forgiven for a period of more than twenty-four (24) months and the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
Miss. Code Ann. § 49-17-27 — MS Code / Title 49 / Chapter 3 / Section 17-27
Miss. Code Ann. § 49-17-27
Status: in_force

In the event an emergency is found to exist by the commission, it may issue an emergency order as circumstances may require. Said emergency order shall become operative at the time and date designated therein and shall remain in force until modified or cancelled by the commission or superseded by a regular order of the commission or for a period of forty-five (45) days from its effective date, whichever shall occur first, and may be enforced by an injunction if necessary.

The chancery court shall always be deemed open for hearing requests for injunctions to enforce such emergency orders and the same shall have precedence over other matters.

When, in the opinion of the commission or its executive director, an emergency situation exists which creates an imminent and substantial endangerment threatening the public health and safety or the lives and property of the people of this state, notice shall be given immediately to local governing authorities, both county and municipal, the state emergency management organization, and the governor for appropriate action in accordance with applicable laws for protections against disaster situations.
Miss. Code Ann. § 49-19-27 — MS Code / Title 49 / Chapter 4 / Section 19-27
Miss. Code Ann. § 49-19-27
Status: in_force

(1) There is created in the State Treasury a fund designated as the Tree Seedling Revolving Fund. The State Forestry Commission shall use the fund to contract for the production or purchase of tree seedlings, for resale to Mississippi landowners for reforestation.

(2) The Tree Seedling Revolving Fund shall be funded by monies received from the sale of contract seedlings to Mississippi landowners. Monies collected from the sales shall be deposited into the Tree Seedling Revolving Fund. The State Treasurer shall make disbursements for payment of production or purchase of seedlings upon requisition by the Forestry Commission and upon the issuance of warrants by the Department of Finance and Administration.

(3) The Tree Seedling Revolving Fund is created to supplement the State Forestry Commission's seedling production capacity and not for its replacement.
Miss. Code Ann. § 49-7-135 — MS Code / Title 49 / Chapter 1 / Section 7-135
Miss. Code Ann. § 49-7-135
Status: in_force

The executive director may proceed immediately to negotiate with the Game and Fish Commission of the State of Louisiana to effectuate a reciprocity agreement with such commission providing that the current hunting and fishing licenses issued to hunters or fishermen of the respective states shall be accepted and recognized by the game and fish commissions of each of the states for the purpose of hunting for migratory water fowl or fishing by the hunters or fishermen of either state in the Pearl River between top bank and top bank along the course where the Pearl River forms a boundary line between the State of Louisiana and the State of Mississippi.
Miss. Code Ann. § 49-15-103 — MS Code / Title 49 / Chapter 6 / Section 15-103
Miss. Code Ann. § 49-15-103
Status: in_force

In pursuance of Article III of said compact there shall be three (3) members (hereinafter called commissioners) of the Gulf States Marine Commission (hereinafter called commission) from the State of Mississippi. The first commissioner from the State of Mississippi shall be president of the Mississippi Seafood Commission of the State of Mississippi ex-officio; and the term of any such ex-officio commissioner shall terminate at the time the said commissioner ceases to hold said office of president of the Mississippi Seafood Commission, and his successor as a member of this commission shall be his successor as president of the Mississippi Seafood Commission. The second commissioner from the State of Mississippi shall be a legislator; and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said legislative office, and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner, who shall have a knowledge of the marine fisheries problems. The term of said commissioner shall be for a period of three (3) years and, in addition, he shall serve until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term. The president of the Mississippi Seafood Commission, as ex-officio commissioner, may delegate from time to time, to any deputy or other member of the Mississippi Seafood Commission, the power to be present and participate, including voting as his representative, or substitute at any meeting of or hearing by or other proceeding of the commission.
Miss. Code Ann. § 49-7-40 — MS Code / Title 49 / Chapter 6 / Section 7-40
Miss. Code Ann. § 49-7-40
Status: in_force

The commission may adopt regulations to provide for a special hunt by handicapped persons in the natural area at Arkabutla Lake designated by the U.S. Corps of Engineers. The hunt and any such regulations must be approved by the U.S. Corps of Engineers. The following restrictions apply to any such hunt:

(a) The hunt shall be open to wheelchair-bound physically disabled persons;

(b) Selection of participants shall be by public drawing from all qualified applications received;

(c) No more than thirty (30) permits shall be issued;

(d) The hunt shall not exceed a total of six (6) days;

(e) A hunting license shall not be required of resident or nonresident applicants;

(f) Any other actions the commission and the U.S. Corps of Engineers deem necessary for a safe and productive hunt.
Miss. Code Ann. § 49-13-17 — MS Code / Title 49 / Chapter 5 / Section 13-17
Miss. Code Ann. § 49-13-17
Status: in_force

In case of the resale or disposition of quail carcasses originally purchased or received from a licensed quail producer and in turn sold or donated by another person, a record of each subsequent change of ownership must be made. The following information must be recorded by the present owner about the owner who receives the quail: name and address of the person or business to which the quail carcasses were transferred, the date of the transfer and the kind and number of quail transferred. The record of the quail transfer of ownership must be kept by the person or business selling or donating the quail for a period of one (1) year following the ownership transfer and shall, upon request, be available for inspection by a representative of the department.
Miss. Code Ann. § 49-7-30 — MS Code / Title 49 / Chapter 5 / Section 7-30
Miss. Code Ann. § 49-7-30
Status: in_force

The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.
Miss. Code Ann. § 49-25-9 — MS Code / Title 49 / Chapter 3 / Section 25-9
Miss. Code Ann. § 49-25-9
Status: in_force

Any junkyard lawfully in existence on June 16, 1966, which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, by the state highway commission at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main-traveled way of such highways.
Miss. Code Ann. § 49-17-108 — MS Code / Title 49 / Chapter 11 / Section 17-108
Miss. Code Ann. § 49-17-108
Status: in_force

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

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

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

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

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

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

It is the intent of the legislature that the terms used in this section shall have the meanings set forth in Section 49-17-101 .