Miss. Code Ann. § 49-17-23 — MS Code / Title 49 / Chapter 7 / 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. § 49-17-501 — MS Code / Title 49 / Chapter 6 / Section 17-501
Miss. Code Ann. § 49-17-501
Status: in_force

Sections 49-17-501 through 49-17-531 shall be known as and may be cited as the “Lead-Based Paint Activity Accreditation and Certification Act.”
Miss. Code Ann. § 49-27-9 — MS Code / Title 49 / Chapter 23 / Section 27-9
Miss. Code Ann. § 49-27-9
Status: in_force

(1) No regulated activity shall affect any coastal wetlands without a permit unless excluded in Section 49-27-7 . Any person proposing to conduct or cause to be conducted a regulated activity shall file an application for a permit with the commission in such form and with such information as the commission may prescribe. An application fee in an amount of Fifty Dollars ($50.00) for residential type regulated activity and Five Hundred Dollars ($500.00) for commercial and industrial type related activity shall accompany each application and shall be payable to the commission. No permit shall be required for a regulated activity as defined in Section 49-27-5(c)(v) if such activity is an activity by a water dependent industry, nor shall a permit be required pursuant to Section 49-27-5(c)(v) of any individual who seeks to construct a home, fishing camp or similar structure on his own property.

(2) If the commission determines that the activity, area or entity is exempt or requires no permit, and that the activity, area or entity complies with the notification requirement and the coastal wetland policy as required under Section 49-27-7 , the commission may reduce the application fee by fifty percent (50%).
Miss. Code Ann. § 49-7-81 — MS Code / Title 49 / Chapter 2 / Section 7-81
Miss. Code Ann. § 49-7-81
Status: in_force

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

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

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

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

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

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

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

(8) Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section is guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 2 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

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

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

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

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

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-11-1 — MS Code / Title 49 / Chapter 9 / Section 11-1
Miss. Code Ann. § 49-11-1
Status: in_force

For purposes of this chapter:

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

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

(c) “Operator” means a person licensed to operate a shooting preserve or a commercial wildlife enclosure.
Miss. Code Ann. § 49-17-41 — MS Code / Title 49 / Chapter 6 / Section 17-41
Miss. Code Ann. § 49-17-41
Status: in_force

In addition to any other remedies that might now be available, any person or interested party aggrieved by any order of the commission or the executive director shall have a right to file a sworn petition with the commission within thirty (30) days after the order was issued setting forth the grounds and reasons for his complaint and asking for a hearing of the matter involved, provided that no hearing on the same subject matter shall have been previously held before the commission or its designated hearing officer. The commission shall thereupon fix the time and place of such hearing and shall notify the petitioners thereof. In such pending matters, the commission shall have the same full powers as to subpoenaing witnesses, administering oaths, examining witnesses under oath and conducting the hearing, as is now vested by law in the Mississippi Public Service Commission, as to hearings before it, with the additional power that the executive director may issue all subpoenas, both at the instance of the petitioner and of the commission. At such hearings the petitioner, and any other interested party, may offer, present witnesses and submit evidence.

Following such hearing, the final order of determination of the commission upon such matters shall be conclusive, unless the petitioner, or such other interested party appearing at the hearing, shall, within fifteen (15) days after the adjournment of the meeting at which said final order was made, appeal to the chancery court of the county where the hearing was held, or of the situs in whole or in part of the subject matter of the hearing by giving a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from, to be filed with and approved by the executive director of the commission, who shall forthwith certify the same together with a certified copy of the record of the commission in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may, within said fifteen (15) days after the adjournment of the commission meeting at which said final order was entered, petition the chancery court of the situs in whole or in part of the subject matter for an appeal with supersedeas, and the chancellor shall grant a hearing on said petition and upon good cause shown may grant said appeal with supersedeas; the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. Appeals shall be considered only upon the record as made before the commission. The chancery court shall always be deemed open for hearing of such appeals and the chancellor may hear the same in termtime or in vacation at any place in his district, and the same shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact. If no prejudicial error be found, the matter shall be affirmed and remanded to the commission for enforcement. If prejudicial error be found, the same shall be reversed and the chancery court shall remand the matter to the commission for appropriate action as may be indicated or necessary under the circumstances. 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 to 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 for such damage.
Miss. Code Ann. § 49-9-11 — MS Code / Title 49 / Chapter 2 / Section 9-11
Miss. Code Ann. § 49-9-11
Status: in_force

The executive director shall keep a record of all applications and licenses issued by him and on the first day of each month shall deposit all monies collected under this chapter into the Game and Fish Protection fund. All monies thus collected and deposited shall be used to administer the mussel program by the department and the executive director for the enforcement of this chapter, and the game and fish laws of this state, for propagation and for biological investigation, and such other investigations as may be necessary.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 37 / 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. § 49-15-317 — MS Code / Title 49 / Chapter 4 / 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. § 49-15-315 — MS Code / Title 49 / Chapter 2 / Section 15-315
Miss. Code Ann. § 49-15-315
Status: in_force

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

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

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

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

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

(4) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2) , or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 8 / Section 17-423
Miss. Code Ann. § 49-17-423
Status: in_force

The commission shall administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499 , October 17, 1986, Public Law No. 99-563 , October 27, 1986, 42 USC Sections 9671 - 9675 , and shall have authority to promulgate any rules and regulations necessary to administer this program.
Miss. Code Ann. § 49-17-773 — MS Code / Title 49 / Chapter 13 / Section 17-773
Miss. Code Ann. § 49-17-773
Status: in_force

For the purposes of satisfying any temporary cash flow demands and deficiencies, and to maintain a working balance for the county authority, the county, municipalities or public agencies within the geographic boundaries of the county authority, or other persons, subject to their lawful authority to do so, are authorized to advance, at any time, such funds which, in its discretion, are necessary, or borrow such funds by issuance of notes, for initial capital contribution and to cover start-up costs until such times as sufficient bonds, assets and revenues have been secured to satisfy the needs of the county authority for its management, operation and formation. To this end, the county, municipality, public agency or person, subject to their lawful authority to do so, shall advance such funds, or borrow such funds by issuance of notes, under such terms and conditions as may be provided by resolution of the governing body, or other persons as defined in this act, subject to their lawful authority to do so, except that each such resolution shall state:

(a) The need for the proceeds advanced or borrowed;

(b) The amount to be advanced or the amount to be borrowed;

(c) The maximum principal amount of any note issued the interest rate or maximum interest rate to be incurred, and the maturity date of said note;

(d) In addition, the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may arrange for lines of credit with any bank, firm or person for the purpose of providing an additional source of repayment for notes issued pursuant to this section. Amounts drawn on a line of credit may be evidenced by negotiable or nonnegotiable notes or other evidences of indebtedness and contain such terms and conditions as the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may authorize in the resolution approving the same;

(e) The governing body of the county, municipalities or other persons as defined in this act, subject to their lawful authority to do so, may authorize the repayment of such advances, notes, lines of credit and other debt incurred under this section, along with all costs associated with the same, including, but not limited to, rating agency fees, printing costs, legal fees, bank or trust company fees, line of credit fees and other charges to be reimbursed by the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon with other persons as defined in this act, subject to their lawful authority to do so;

(f) In addition, the governing body of the county, municipality or public agency may lease or donate office space and equipment to the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon by the county authority.
Miss. Code Ann. § 49-15-92 — MS Code / Title 49 / Chapter 2 / 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. § 49-35-53 — MS Code / Title 49 / Chapter 1 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

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

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

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

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

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

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

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

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

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

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-15-409 — MS Code / Title 49 / Chapter 13 / 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. § 49-15-411 — MS Code / Title 49 / Chapter 13 / Section 15-411
Miss. Code Ann. § 49-15-411
Status: in_force

(1) Any individual aggrieved by a final decision of the executive director shall be entitled to judicial review.

(2) Any appeal from the executive director's decision shall be filed in the Chancery Court of the Second Judicial District of Harrison County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing held before the hearing officer. The appeal shall be filed within thirty (30) days after notification of the final decision of the executive director is mailed or served, and the proceedings in chancery court shall be conducted as other matters coming before the court on appeal. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all estimated costs, including the cost of preparation of the record of the proceedings before the executive director, and the filing of a bond in the sum of Five Hundred Dollars ($500.00) conditioned that if the executive director's final decision be affirmed by the chancery court, the aggrieved party shall pay the costs of the appeal to the chancery court.

(3) The scope of review of the chancery court in such cases shall be limited to a review of the record made before the executive director's final decision to determine if the decision is unlawful for the reason that it was:

(a) Not supported by any substantial evidence;

(b) Arbitrary or capricious; or

(c) In violation of some statutory or constitutional right of the individual.

(4) No relief shall be granted based upon the court's finding of harmless error by the executive director in complying with the procedural requirements of this article. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.

(5) Any party aggrieved by action of the chancery court may appeal to the State Supreme Court in the manner provided by law.
Miss. Code Ann. § 49-17-45 — MS Code / Title 49 / Chapter 15 / Section 17-45
Miss. Code Ann. § 49-17-45
Status: in_force

(1) The Mississippi Commission on Environmental Quality, acting through the Department of Environmental Quality, shall establish and administer, in accordance with the Federal Clean Air Act, the Mississippi Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM).

(2) There is created the Mississippi Small Business Compliance Advisory Panel. The Mississippi Small Business Compliance Advisory Panel shall consist of the following members, the term of each to be concurrent with the term of the appointing official of that member:

(a) One (1) member representing the Air Pollution Control Program of the Department of Environmental Quality;

(b) Two (2) members who are not owners or representatives of owners of a small business, appointed by the Governor;

(c) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Speaker of the House of Representatives; and

(d) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Lieutenant Governor.

(3) The panel shall elect one (1) member to serve as chairman. The panel shall meet at the call of the chairman at Jackson, Mississippi, or such other places within the state designated by the panel; however, the panel shall not meet more than four (4) times during a calendar year.

(4) Members of the Mississippi Small Business Compliance Advisory Panel shall serve without salary, but each shall be entitled to receive per diem as provided in Section 25-3-69 and his actual travel and hotel expenses incurred while in the performance of his duties as a member of the committee in accordance with Section 25-3-41 . Per diem and expenses shall be paid on an itemized statement approved by the State Fiscal Officer from fees collected under Section 49-17-30 .

(5) The Mississippi Small Business Compliance Advisory Panel shall:

(a) Render advisory opinions concerning:

(i) The effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program;

(ii) Difficulties encountered; and

(iii) Degree and severity of enforcement;

(b) Make periodic reports to the Administrator of the U.S. Environmental Protection Agency concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the federal Paperwork Reduction Act, the federal Regulatory Flexibility Act, and the federal Equal Access to Justice Act;

(c) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(d) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
Miss. Code Ann. § 49-15-69 — MS Code / Title 49 / Chapter 3 / 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. § 49-5-93 — MS Code / Title 49 / Chapter 3 / Section 5-93
Miss. Code Ann. § 49-5-93
Status: in_force

Any holder of bonds issued under the provisions of Sections 49-5-86 through 49-5-98 or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted hereunder or under such resolution, and may enforce and compel performance of all duties required by Sections 49-5-86 through 49-5-98 to be performed, in order to provide for the payment of bonds and interest thereon.
Miss. Code Ann. § 49-27-63 — MS Code / Title 49 / Chapter 6 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-15-7 — MS Code / Title 49 / Chapter 8 / Section 15-7
Miss. Code Ann. § 49-15-7
Status: in_force

All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the department.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 35 / 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. § 49-31-17 — MS Code / Title 49 / Chapter 13 / Section 31-17
Miss. Code Ann. § 49-31-17
Status: in_force

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

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

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

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

(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Miss. Code Ann. § 49-15-107 — MS Code / Title 49 / Chapter 6 / 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. § 49-33-11 — MS Code / Title 49 / Chapter 28 / Section 33-11
Miss. Code Ann. § 49-33-11
Status: in_force

The state shall not make a waiver of the provisions of this chapter a condition for approval of the use or continued use of real property or the issuance of any permit or other entitlement. The acceptance by an owner of any approval of use, continued use, permit or other entitlement shall not constitute a waiver of the rights of the owner to compensation for inverse condemnation.
Miss. Code Ann. § 49-28-25 — MS Code / Title 49 / Chapter 25 / Section 28-25
Miss. Code Ann. § 49-28-25
Status: in_force

In addition to the purposes authorized by Section 49-28-23 , any district created under this chapter may issue negotiable special improvement bonds of the district in the manner provided in Section 49-28-23 , for any of the following purposes:

(a) To refund the outstanding bonds of the district upon a finding by the board of commissioners that the refunding is in the public interest;

(b) To improve or extend the structures or facilities of the district or to conduct projects of the district; and

(c) To enter into cooperative agreements with the state or federal government, or both, to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both (reference to the state or federal government as used in this section shall specifically include any agency thereof).

The district may make any covenants and do any acts and things as may be necessary, convenient and desirable to secure the bonds or make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this chapter or expressly authorized in this chapter. The board of commissioners, in issuing the negotiable special improvement bonds, shall have the power to do all things required or necessary in the issuance of those bonds and for their execution which are not inconsistent with the Mississippi Constitution of 1890.
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 5 / Section 23-21
Miss. Code Ann. § 49-23-21
Status: in_force

In addition to the remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of 1972 , and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Miss. Code Ann. § 49-7-140 — MS Code / Title 49 / Chapter 2 / Section 7-140
Miss. Code Ann. § 49-7-140
Status: in_force

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

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

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

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

(5) Nothing in this section shall be construed to prohibit the lawful transport of domestic swine for customary and ordinary purposes of intrastate or interstate commerce, or agricultural practices.
Miss. Code Ann. § 49-17-422 — MS Code / Title 49 / Chapter 9 / Section 17-422
Miss. Code Ann. § 49-17-422
Status: in_force

(1) An Underground Storage Tank (UST) Advisory Council is created to consult with the commission on all matters relating to the UST program, to conduct an independent study of the development and administration costs of the program and to conduct an annual review of administering such program. The costs to be included in the study for the program shall be those costs as provided in Section 49-17-421 . The council shall include in the study the type and quantity of underground storage tanks in the state that are covered by the program. After completing a study of the needs and costs of the program, the council shall recommend an equitable fee system for the program that is based on the type and quantity of underground storage tanks. The annual review for the program shall determine if the fee system is collecting sufficient funds to meet program needs and include any recommendation by the council regarding changes to the fee system. Each annual review report shall be due January 1 of each year to the commission and the executive director of the department.

(2) The UST Advisory Council shall be comprised of the following five (5) members:

(a) The President of the Mississippi Petroleum Marketers and Convenience Store Association (MPMCSA) or his or her designee;

(b) A member of the MPMCSA appointed by the Board of Directors of the MPMCSA for a term of four (4) years;

(c) A representative appointed by the President of the Mississippi Engineering Society, experienced in the assessment and remediation of petroleum contamination, for a term of four (4) years;

(d) A representative appointed by the Governor, of any company doing business in Mississippi in the installation, closure and/or testing of underground storage tanks; and

(e) A representative appointed by the Lieutenant Governor, of any company doing business in Mississippi in the installation, closure and/or testing of underground storage tanks.

The council members who are appointed by the Governor and Lieutenant Governor shall have terms that are concurrent with the term of the appointing official.

(3) Original appointments to the UST Advisory Council must be made no later than January 1, 2019, and vacancies on the council shall be filled by appointment in the same manner as the original appointments. The council shall convene within sixty (60) days following the date of the appointment of the members, and must select from their membership a chairperson to preside over meetings and a vice chairperson to preside in the absence of the chairperson or when the chairperson is excused. The council shall adopt procedures governing the manner of conducting its business. A majority of the members constitutes a quorum to do business.

(4) Members of the UST Advisory Council shall serve without salary, but shall be entitled to receive a reimbursement of their actual travel and expenses, as provided in Section 25-3-41 , that are incurred while performing in the scope of their duties as council members. These expenses are to be paid on an itemized statement that is approved by the State Fiscal Officer from fees collected under Section 49-17-421 .

(5) The executive director of the department shall provide technical, clerical and other support services, including service by contract, as the council requires in the performance of its functions.
Miss. Code Ann. § 49-11-9 — MS Code / Title 49 / Chapter 3 / Section 11-9
Miss. Code Ann. § 49-11-9
Status: in_force

This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 5 / Section 17-727
Miss. Code Ann. § 49-17-727
Status: in_force

(1) There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Harrison County Utility Authority.” The authority is composed of the geographic area of Harrison County as defined in Section 19-1-47, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater, storm water and solid waste systems in order to ensure the delivery of water, wastewater, storm water and solid waste services to citizens residing within the boundaries of Harrison County.

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

(3) Upon consolidation, the following shall apply:

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

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

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

(d) All employees of the Harrison County Wastewater and Solid Waste Management District shall become employees of the Harrison County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-28-43 — MS Code / Title 49 / Chapter 3 / Section 28-43
Miss. Code Ann. § 49-28-43
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county in which the district is located a sworn statement showing the financial condition of the district, including the revenues and expenses of the district for the fiscal year just ended. The statement shall also be furnished to the board of supervisors of the county in which the district lies.
Miss. Code Ann. § 49-28-43 — MS Code / Title 49 / Chapter 13 / Section 28-43
Miss. Code Ann. § 49-28-43
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county in which the district is located a sworn statement showing the financial condition of the district, including the revenues and expenses of the district for the fiscal year just ended. The statement shall also be furnished to the board of supervisors of the county in which the district lies.
Miss. Code Ann. § 49-17-401 — MS Code / Title 49 / Chapter 15 / Section 17-401
Miss. Code Ann. § 49-17-401
Status: in_force

Sections 49-17-401 through 49-17-433 shall be known as the Mississippi Underground Storage Tank Act of 1988.
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 28 / Section 37-3
Miss. Code Ann. § 49-37-3
Status: in_force

(1) The Legislature finds that:

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

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

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

(2) The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 23 / 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. § 49-37-5 — MS Code / Title 49 / Chapter 27 / 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. § 49-6-3 — MS Code / Title 49 / Chapter 6 / Section 6-3
Miss. Code Ann. § 49-6-3
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the “Wildlife, Fisheries and Parks Motor Vehicle Fund.” All funds derived from the sale of used motor vehicles, funds transferred from the “Game and Fish Protection Fund” and any other funds which may be needed for the purchase of motor vehicles, boats and outboard motors shall be deposited into this special fund. Other funds as needed may be transferred by the commission from the department's regular support appropriation. The commission may transfer funds from the motor vehicle fund to the game and fish protection fund as needed for the operation of the department. The motor vehicle fund is a special trust fund and the interest earned thereon shall be credited to the fund.

(2) The commission shall adopt regulations for the administration of the fund. The executive director shall administer the fund and expenditures may be made from the fund upon requisition by the executive director. The department shall spend monies in the fund by an annual appropriation approved by the Legislature.
Miss. Code Ann. § 49-7-257 — MS Code / Title 49 / Chapter 5 / Section 7-257
Miss. Code Ann. § 49-7-257
Status: in_force

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

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

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

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

(a) A description of the property;

(b) The approximate value of the property;

(c) The date and place of the seizure;

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

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

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

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

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

(7) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-7-251 .
Miss. Code Ann. § 49-15-81 — MS Code / Title 49 / Chapter 5 / Section 15-81
Miss. Code Ann. § 49-15-81
Status: in_force

(1) The term “ saltwater minnow ” as used in this section shall mean any species within the families Cyprinodontidae, Fundulidae or Poeciliidae.

(2) Before beginning operations to catch or transport saltwater minnows for sale, fishermen must obtain a saltwater live bait license and pay a fee according to the following schedule: A resident shall pay a fee of Fifty Dollars ($50.00), a nonresident shall pay a fee of One Hundred Dollars ($100. 00) or if the nonresident's domicile state charges more than One Hundred Dollars ($100.00) for residents of Mississippi to engage in a like activity, then that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(3) All minnow traps placed in or on the marine waters of the State of Mississippi shall have a corrosion resistant metal or plastic tag attached to the trap to permanently mark the minnow traps for ownership. The tag used to mark the traps shall be legibly and permanently stamped with letters containing the applicable licensed minnow fishermen's full name. The minimum height of the letters shall be at least three-sixteenths ( 3 / 16 ) of an inch. The tags shall be supplied by the minnow fisherman.

(4) Licensed live bait catcher boats and licensed live bait dealers involved in the transporting of minnows are exempt from the commercial minnow licensing requirement in subsection (2) of this section.
Miss. Code Ann. § 49-27-29 — MS Code / Title 49 / Chapter 7 / Section 27-29
Miss. Code Ann. § 49-27-29
Status: in_force

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 17 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-17-725 — MS Code / Title 49 / Chapter 9 / Section 17-725
Miss. Code Ann. § 49-17-725
Status: in_force

(1) All powers of the Stone County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of Stone County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Wiggins shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments.

(2) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-17-421 — MS Code / Title 49 / Chapter 17 / Section 17-421
Miss. Code Ann. § 49-17-421
Status: in_force

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

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

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

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

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

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

Monies collected under this section shall be deposited in a special fund which is created in the State Treasury. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the General Fund and any interest earned on amounts in the special fund shall be credited to the special fund by the Treasurer. The fund may receive monies from any available public or private source, including, but not limited to, the fund, collection of fees, interest, grants, taxes, public or private donations and judicial actions. Monies in this special fund shall be expended by annual appropriation approved by the Legislature to administer Sections 49-17-401 through 49-17-435 .
Miss. Code Ann. § 49-39-3 — MS Code / Title 49 / Chapter 9 / Section 39-3
Miss. Code Ann. § 49-39-3
Status: in_force

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

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

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

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

(ii) Protection of wildlife habitat;

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

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

(v) Support of economic development through conservation projects;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) “ Working agricultural land ” means land area that is either arable, under permanent crops or under permanent pastures. Arable land includes land under temporary crops such as cereals, temporary meadows for mowing or for pasture, land under market or kitchen gardens, and land temporarily fallow.
Miss. Code Ann. § 49-15-83 — MS Code / Title 49 / Chapter 6 / Section 15-83
Miss. Code Ann. § 49-15-83
Status: in_force

Nothing in Sections 49-15-71 through 49-15-81 shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
Miss. Code Ann. § 49-17-44.1 — MS Code / Title 49 / Chapter 2 / Section 17-44.1
Miss. Code Ann. § 49-17-44.1
Status: in_force

If the commission determines that any privately owned sewer system that is certificated by the Public Service Commission and within its jurisdiction has been actually or effectively abandoned by its owner, or that its management is grossly inefficient or irresponsible, and the abandonment or management has created an environmental problem that endangers public health, the commission may petition the chancery court of any county wherein the privately-owned sewer system is located for an order attaching the assets of the privately-owned sewer system and placing such sewer system under the sole control and responsibility of a receiver. Any person served by the sewer system shall have standing to intervene in the chancery proceeding as an interested party. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such sewer system. The receiver shall operate the sewer system so as to preserve the assets of the sewer system and to serve the best interests of its customers while protecting public health and welfare and the environment. The receiver shall be compensated from the assets of the sewer system in an amount to be determined by the court. Control of and responsibility for the sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers and the public interest that the sewer system be returned to the owner, transferred to another owner, or assumed by another sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of the sewer system in the manner provided by law. Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section. Any new owner or operator of a sewer system transferred or liquidated by the receiver or the chancery court under this subsection shall obtain all necessary permits and approvals from the Permit Board, the Public Service Commission and any other applicable state or local agencies.
Miss. Code Ann. § 49-27-13 — MS Code / Title 49 / Chapter 7 / 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. § 49-28-13 — MS Code / Title 49 / Chapter 2 / Section 28-13
Miss. Code Ann. § 49-28-13
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the board of supervisors may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors. However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution creating the district, the creation of the district shall be final and shall not be subject to attack in any court after that time.
Miss. Code Ann. § 49-19-3 — MS Code / Title 49 / Chapter 7 / Section 19-3
Miss. Code Ann. § 49-19-3
Status: repealed

The duties and powers of the commission shall be:

(a) To appoint a State Forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission as State Forester shall have received a bachelor's degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law ( Section 73-36-1 et seq. ) and in addition shall have had at least five (5) years' administrative experience in a forestry-related field.

(b) To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland.

(c) To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people.

(d) To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper.

(e) To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state.

(f) To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation. It shall be the duty of the State Forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations. It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests. He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests.

(g) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.

(h) To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter.

(i) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.

(j) [Repealed]
Miss. Code Ann. § 49-35-11 — MS Code / Title 49 / Chapter 15 / 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. § 49-27-43 — MS Code / Title 49 / Chapter 2 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-39-3 — MS Code / Title 49 / Chapter 3 / Section 39-3
Miss. Code Ann. § 49-39-3
Status: in_force

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

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

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

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

(ii) Protection of wildlife habitat;

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

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

(v) Support of economic development through conservation projects;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) “ Working agricultural land ” means land area that is either arable, under permanent crops or under permanent pastures. Arable land includes land under temporary crops such as cereals, temporary meadows for mowing or for pasture, land under market or kitchen gardens, and land temporarily fallow.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 15 / 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. § 49-27-43 — MS Code / Title 49 / Chapter 13 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-15-2 — MS Code / Title 49 / Chapter 8 / Section 15-2
Miss. Code Ann. § 49-15-2
Status: in_force

Any fishery management plan, and any regulation promulgated to implement that plan or promulgated under the state seafood laws, shall be consistent with the following standards for fishery conservation and management:

(a) Conservation and management measures shall be based upon the best scientific information available;

(b) If it becomes necessary to allocate or assign fishing privileges among various fishermen, that allocation shall be (i) fair and equitable to those fishermen, (ii) reasonably calculated to promote conservation, and (iii) carried out in a manner that no particular individual, corporation or other entity acquires an excessive share of the privileges;

(c) Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources, but no measure shall have economic allocation as its sole purpose;

(d) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches;

(e) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication;

(f) Conservation and management measures shall, consistent with the conservation requirements of this state (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities in order to (i) provide for the sustained participation of the communities, and (ii) to the extent practicable, minimize adverse economic impacts on those communities;

(g) Conservation and management measures shall, to the extent practicable, (i) minimize bycatch, and (ii) to the extent bycatch cannot be avoided, minimize the mortality of that bycatch; and

(h) Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
Miss. Code Ann. § 49-28-41 — MS Code / Title 49 / Chapter 27 / Section 28-41
Miss. Code Ann. § 49-28-41
Status: in_force

This chapter, without reference to any statute, is full and complete authority for the creation of the district and for the issuance of bonds. No proceedings shall be required for the creation of the district or for the issuance of bonds other than those provided for and required in this chapter. All necessary powers to be exercised by the board of supervisors and by the board of commissioners of the district in order to carry out this chapter are conferred under this section.
Miss. Code Ann. § 49-19-301 — MS Code / Title 49 / Chapter 2 / 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. § 49-27-35 — MS Code / Title 49 / Chapter 21 / Section 27-35
Miss. Code Ann. § 49-27-35
Status: in_force

The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37 . When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. When a permit or modification is denied, the commission shall describe the public interest which would be adversely affected by granting or modifying the permit.
Miss. Code Ann. § 49-15-95 — MS Code / Title 49 / Chapter 9 / Section 15-95
Miss. Code Ann. § 49-15-95
Status: in_force

(1) It is unlawful to use brill and cast nets greater than twelve (12) feet in radius in the marine waters of the state.

(2) The commission shall not prohibit the use of brill and cast nets in the waters designated in subsection (1) of this section. No person shall catch more than fifty (50) pounds of shrimp per day using brill and cast nets as provided by this section.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 19 / Section 28-17
Miss. Code Ann. § 49-28-17
Status: in_force

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

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

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

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

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

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

(6) The board of commissioners may receive per diem compensation, if approved by the board of supervisors, in the same manner provided to officers of state boards, commissions and agencies in Section 25-3-69, Mississippi Code of 1972 . However, the per diem compensation shall not exceed Two Hundred Dollars ($200.00) per month and shall not entitle any member of the board of commissioners to receive or be eligible for any state employee group insurance, retirement or other fringe benefits.
Miss. Code Ann. § 49-7-20.2 — MS Code / Title 49 / Chapter 4 / Section 7-20.2
Miss. Code Ann. § 49-7-20.2
Status: in_force

(1) Beginning in the 2020-2021 school year, each school district may offer a course on hunter safety as a component of its curriculum during the day, or as part of an after-school program for students in Grades 7 through 12. The State Board of Education, in consultation with the Mississippi Department of Wildlife, Fisheries and Parks, may prepare and make available to school boards resources on hunter safety that may be used as guidelines for the development of courses authorized under this section.

(2) The hunter safety course must be designed to expose students to firearm safety and to provide, at a minimum, instruction in:

(a) The capabilities of firearms;

(b) Respecting and handling firearms responsibly; and

(c) Managing and controlling firearms.

(3) The hunter safety course must be taught by a well trained individual who is credentialed to provide instruction in the safe handling of firearms. The school district may arrange for any employee of the district or alternatively, an individual who is not employed by the district, to teach the hunter safety course, provided that the person administering the instruction holds certification or another credential that evidences the person's training to provide firearms safety instruction.

(4) The hunter safety course authorized under this section may not be construed to authorize a student, school district employee, firearms safety instructor or any other person who is not otherwise permitted by law or school board policy to carry a weapon on school property or possess a firearm on school property. In training students to handle firearms properly, operable weapons and live ammunition may not be used. Access by any person to the inoperable weapons and ammunition used in the course must be limited to those times that students are in class under the supervision of both the firearms safety instructor and physical education teacher.

(5) No less than one (1) week before the course authorized under this section is scheduled to be taught, the school district must provide written notice to the parents of those students. The notice must inform the parents that a hunter safety course, including training in the proper handling of firearms, will be taught to students as part of the physical education class. The notice must advise parents of the right and the appropriate process to review the materials to be used in the course. Upon the request of any parent, the school must excuse the parent's child from the hunter safety course without detriment to the student.
Miss. Code Ann. § 49-15-30 — MS Code / Title 49 / Chapter 1 / Section 15-30
Miss. Code Ann. § 49-15-30
Status: in_force

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

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

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

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

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

(5) Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.
Miss. Code Ann. § 49-17-405 — MS Code / Title 49 / Chapter 11 / Section 17-405
Miss. Code Ann. § 49-17-405
Status: in_force

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

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

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

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

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

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

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

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

(a) Investigation and assessment of contamination sites;

(b) Restoration or replacement of potable water supplies;

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

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

(5) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 1 / 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. § 49-7-90 — MS Code / Title 49 / Chapter 6 / Section 7-90
Miss. Code Ann. § 49-7-90
Status: in_force

(1) Any person who takes or possesses a paddlefish or parts thereof, whether coming from within or from outside the state, in violation of law or regulation is guilty of a Class I violation and may be punished as provided in Section 49-7-141 , and upon conviction, shall forfeit all hunting, trapping and fishing privileges and paddlefish permits for a period of not less than one (1) year from the date of conviction. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored.

(2) The commission may promulgate rules and regulations, establish and issue permits and establish and collect fees for permits for the harvest and sale of paddlefish and paddlefish parts.

(3) Any person engaged in selling or peddling nonnative fish taken from public waters must possess a commercial fishing license.

(4) Any person required to purchase a commercial fishing license must report his catch and/or other activities as required by regulation of the commission.
Miss. Code Ann. § 49-23-5 — MS Code / Title 49 / Chapter 18 / Section 23-5
Miss. Code Ann. § 49-23-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) The board of supervisors of the county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may prohibit any outdoor advertising sign that contains any message or depiction of a sexually explicit nature.
Miss. Code Ann. § 49-27-9 — MS Code / Title 49 / Chapter 4 / Section 27-9
Miss. Code Ann. § 49-27-9
Status: in_force

(1) No regulated activity shall affect any coastal wetlands without a permit unless excluded in Section 49-27-7 . Any person proposing to conduct or cause to be conducted a regulated activity shall file an application for a permit with the commission in such form and with such information as the commission may prescribe. An application fee in an amount of Fifty Dollars ($50.00) for residential type regulated activity and Five Hundred Dollars ($500.00) for commercial and industrial type related activity shall accompany each application and shall be payable to the commission. No permit shall be required for a regulated activity as defined in Section 49-27-5(c)(v) if such activity is an activity by a water dependent industry, nor shall a permit be required pursuant to Section 49-27-5(c)(v) of any individual who seeks to construct a home, fishing camp or similar structure on his own property.

(2) If the commission determines that the activity, area or entity is exempt or requires no permit, and that the activity, area or entity complies with the notification requirement and the coastal wetland policy as required under Section 49-27-7 , the commission may reduce the application fee by fifty percent (50%).
Miss. Code Ann. § 49-35-51 — MS Code / Title 49 / Chapter 13 / Section 35-51
Miss. Code Ann. § 49-35-51
Status: in_force

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

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

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

(c) “ Owner of NPL property subject to restoration ” means a person who has purchased or otherwise is the owner of record, other than any person or entity who caused the contamination, of NPL property subject to restoration.
Miss. Code Ann. § 49-15-41 — MS Code / Title 49 / Chapter 7 / Section 15-41
Miss. Code Ann. § 49-15-41
Status: in_force

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

Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year in the county jail, or both.
Miss. Code Ann. § 49-17-751 — MS Code / Title 49 / Chapter 13 / Section 17-751
Miss. Code Ann. § 49-17-751
Status: in_force

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

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

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

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

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

(b) Such action is in the public interest.

(5) The county authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the county authority of such provider's powers, duties, responsibilities, assets and debts.
Miss. Code Ann. § 49-17-1 — MS Code / Title 49 / Chapter 13 / Section 17-1
Miss. Code Ann. § 49-17-1
Status: in_force

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”
Miss. Code Ann. § 49-5-147 — MS Code / Title 49 / Chapter 1 / 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. § 49-7-7 — MS Code / Title 49 / Chapter 2 / Section 7-7
Miss. Code Ann. § 49-7-7
Status: in_force

The revenue collected from any increase in license fees pursuant to Chapter 418, Laws of 2016, shall be designated for use by the Department of Wildlife, Fisheries and Parks for recruitment, training, equipping and compensation of conservation officers to fill existing vacancies.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 11 / 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. § 49-19-211 — MS Code / Title 49 / Chapter 3 / Section 19-211
Miss. Code Ann. § 49-19-211
Status: in_force

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

The commission shall publish such rules and regulations and shall make the same available upon request.
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 26 / Section 27-67
Miss. Code Ann. § 49-27-67
Status: in_force

Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner's property upon proper application being made as otherwise provided by law.
Miss. Code Ann. § 49-19-147 — MS Code / Title 49 / Chapter 4 / Section 19-147
Miss. Code Ann. § 49-19-147
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 49-19-141 through 49-19-149 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. § 49-17-26 — MS Code / Title 49 / Chapter 13 / Section 17-26
Miss. Code Ann. § 49-17-26
Status: in_force

If the commission determines, after adequate scientific investigation and evaluation, that a chemical as defined in Sections 69-23-3 and 75-47-5(a) in the underground water exceeds or is likely to exceed duly adopted state standards and that the source of the chemical is not within the regulatory jurisdiction of the commission, the commission shall notify the Department of Agriculture and Commerce, which shall proceed in accordance with Section 69-23-7 and other existing laws.
Miss. Code Ann. § 49-17-67 — MS Code / Title 49 / Chapter 15 / Section 17-67
Miss. Code Ann. § 49-17-67
Status: in_force

Before any political subdivision shall receive any loan it shall have executed with the state tax commission a repayment agreement, a copy of which must also be filed with the bureau of pollution control of the department of natural resources, after which the bureau shall enter upon its minutes a certificate certifying that the waste disposal plant has been approved, a copy of which certificate must be delivered to and filed with the Mississippi State Tax Commission. The repayment schedule hereinabove provided for shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.
Miss. Code Ann. § 49-17-763 — MS Code / Title 49 / Chapter 3 / Section 17-763
Miss. Code Ann. § 49-17-763
Status: in_force

The county authority shall have power in connection with the issuance of its bonds pursuant to this act to:

(a) Covenant as to the use of any or all of its property, real or personal;

(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof;

(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bonds resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds;

(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of the registered owners of the bonds;

(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any designated system or any part thereof or any revenue-producing contract or contracts made by a county authority with any person to secure the payment of bonds, subject to such agreements with the registered owners of bonds as may then exist;

(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, monies, funds or property with respect to which a county authority may have any rights or interest;

(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds;

(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;

(i) Covenant as to the rank or priority of any bonds with respect to any lien or security;

(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the registered owners of bonds may be amended or abrogated, the amount of bonds the registered owners of which must consent thereto, and the manner in which such consent may be given;

(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds;

(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as such county authority may determine;

(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state;

(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the county authority tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give any county authority power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state; and

(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the county authority may reasonably require.
Miss. Code Ann. § 49-7-31.1 — MS Code / Title 49 / Chapter 4 / Section 7-31.1
Miss. Code Ann. § 49-7-31.1
Status: in_force

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

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

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

(b) Hunting in a fully enclosed blind.

(3) A violation of this section is a Class III violation and is punishable as provided in Section 49-7-101 .
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 15 / Section 19-207
Miss. Code Ann. § 49-19-207
Status: in_force

The commission shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227 , and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Miss. Code Ann. § 49-15-64.5 — MS Code / Title 49 / Chapter 6 / Section 15-64.5
Miss. Code Ann. § 49-15-64.5
Status: in_force

(1)(a) Each freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license and pay a license fee at the following rates:

(i) Fifty Dollars ($50.00) for resident boats or vessels under thirty (30) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels under thirty (30) feet in length in overall measurements;

(ii) Seventy-five Dollars ($75.00) for resident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements;

(iii) One Hundred Dollars ($100.00) for resident boats or vessels greater than forty-five (45) feet in length in overall measurements and Two Hundred Dollars ($200.00) for nonresident boats or vessels greater than forty-five (45) feet in length in overall measurements.

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

(2) Each recreational vessel engaging in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).

(3) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
Miss. Code Ann. § 49-15-321 — MS Code / Title 49 / Chapter 9 / Section 15-321
Miss. Code Ann. § 49-15-321
Status: in_force

The commission is hereby authorized to establish sanctuaries to protect the state's fishing resources. The establishment of a sanctuary shall be based on overall public interest and prudent fisheries management and research. The commission shall establish nursery grounds in the estuaries and bays sufficient to protect the state's fishing resources.

It shall be unlawful to engage in any activity prohibited by the commission in a designated sanctuary or nursery area.
Miss. Code Ann. § 49-15-100 — MS Code / Title 49 / Chapter 13 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

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

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

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-7-201 — MS Code / Title 49 / Chapter 7 / Section 7-201
Miss. Code Ann. § 49-7-201
Status: in_force

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

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

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

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

(b) Contributions from participating counties;

(c) Charges on participating landowners; and/or

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

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

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

(5) Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver and wild hog control program.
Miss. Code Ann. § 49-15-64.5 — MS Code / Title 49 / Chapter 2 / Section 15-64.5
Miss. Code Ann. § 49-15-64.5
Status: in_force

(1)(a) Each freight boat, ice boat and catching boat used in catching or transporting saltwater shrimp taken from the waters of the State of Mississippi for sale in their fresh state, or for canning, packing, freezing or drying, shall first obtain from the commission an annual privilege license and pay a license fee at the following rates:

(i) Fifty Dollars ($50.00) for resident boats or vessels under thirty (30) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels under thirty (30) feet in length in overall measurements;

(ii) Seventy-five Dollars ($75.00) for resident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements and One Hundred Dollars ($100.00) for nonresident boats or vessels between thirty (30) and forty-five (45) feet in length in overall measurements;

(iii) One Hundred Dollars ($100.00) for resident boats or vessels greater than forty-five (45) feet in length in overall measurements and Two Hundred Dollars ($200.00) for nonresident boats or vessels greater than forty-five (45) feet in length in overall measurements.

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

(2) Each recreational vessel engaging in shrimping with a net having a corkline length of sixteen (16) feet or less shall pay an annual resident license fee of Fifteen Dollars ($15.00) or an annual nonresident license fee of Thirty Dollars ($30.00).

(3) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
Miss. Code Ann. § 49-17-44.1 — MS Code / Title 49 / Chapter 9 / Section 17-44.1
Miss. Code Ann. § 49-17-44.1
Status: in_force

If the commission determines that any privately owned sewer system that is certificated by the Public Service Commission and within its jurisdiction has been actually or effectively abandoned by its owner, or that its management is grossly inefficient or irresponsible, and the abandonment or management has created an environmental problem that endangers public health, the commission may petition the chancery court of any county wherein the privately-owned sewer system is located for an order attaching the assets of the privately-owned sewer system and placing such sewer system under the sole control and responsibility of a receiver. Any person served by the sewer system shall have standing to intervene in the chancery proceeding as an interested party. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such sewer system. The receiver shall operate the sewer system so as to preserve the assets of the sewer system and to serve the best interests of its customers while protecting public health and welfare and the environment. The receiver shall be compensated from the assets of the sewer system in an amount to be determined by the court. Control of and responsibility for the sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers and the public interest that the sewer system be returned to the owner, transferred to another owner, or assumed by another sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of the sewer system in the manner provided by law. Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section. Any new owner or operator of a sewer system transferred or liquidated by the receiver or the chancery court under this subsection shall obtain all necessary permits and approvals from the Permit Board, the Public Service Commission and any other applicable state or local agencies.
Miss. Code Ann. § 49-17-723 — MS Code / Title 49 / Chapter 11 / Section 17-723
Miss. Code Ann. § 49-17-723
Status: in_force

There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Stone County Utility Authority.” The authority is composed of the geographic area of Stone County as defined in Section 19-1-131, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of Stone County. The Stone County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the Stone County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-19-179 — MS Code / Title 49 / Chapter 15 / 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. § 49-19-117 — MS Code / Title 49 / Chapter 7 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

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

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

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-27-59 — MS Code / Title 49 / Chapter 23 / Section 27-59
Miss. Code Ann. § 49-27-59
Status: in_force

The commission shall adopt, promulgate and publish rules and regulations for the implementation of this chapter. Before becoming effective, such rules and regulations, and any changes, must be published once a week for at least three (3) consecutive weeks in a newspaper having general circulation throughout the State of Mississippi. Such rules and regulations shall provide procedure whereby an individual or organization may receive at their own expense copies of the applications provided for in Section 49-27-13 of this chapter.
Miss. Code Ann. § 49-19-15 — MS Code / Title 49 / Chapter 17 / 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. § 49-33-13 — MS Code / Title 49 / Chapter 17 / 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. § 49-39-1 — MS Code / Title 49 / Chapter 18 / 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. § 49-4-35 — MS Code / Title 49 / Chapter 2 / Section 4-35
Miss. Code Ann. § 49-4-35
Status: in_force

(1) The Department of Wildlife, Fisheries and Parks shall distinctively mark all vehicles used by conservation officers to enforce game and fish laws. Vehicles used for law enforcement purposes shall have the words “Law Enforcement” printed in bold letters in a color which is in contrast with the color of the vehicle, under the official insignia of the department.

(2) The department may authorize the use of unmarked vehicles when identifying marks would hinder official investigations by the department.

(3) Any person who knowingly and wilfully violates this section is guilty of a misdemeanor and is punishable as provided in Section 25-1-91, Mississippi Code of 1972 .
Miss. Code Ann. § 49-5-83 — MS Code / Title 49 / Chapter 1 / Section 5-83
Miss. Code Ann. § 49-5-83
Status: in_force

Monies expended from the Wildlife Heritage Fund shall be spent only after proper resolution entered upon its minutes by the commission and upon warrants signed by the chairman of the commission and countersigned by the executive director of the department. Such funds shall be audited at any time the Governor shall so direct or by the State Auditor on an annual basis.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 13 / 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. § 49-35-27 — MS Code / Title 49 / Chapter 18 / Section 35-27
Miss. Code Ann. § 49-35-27
Status: in_force

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

(2) Before January 1, 1999, the department shall conduct a survey of incentive programs in other states for cleanup of contaminated sites. Based on the survey, the department shall make recommendations regarding programs which it believes would be beneficial to encourage the cleanup of uncontrolled sites in this state. The department shall include the results of its survey and its recommendations in the report required under subsection (1) of this section.
Miss. Code Ann. § 49-17-771 — MS Code / Title 49 / Chapter 17 / Section 17-771
Miss. Code Ann. § 49-17-771
Status: in_force

The state hereby covenants with the registered owners of any bonds of any county authority that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of any county authority under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders, including, without limitation, such county authority's right to charge and collect rates, fees, assessments and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security interest securing the bonds.
Miss. Code Ann. § 49-27-33 — MS Code / Title 49 / Chapter 27 / Section 27-33
Miss. Code Ann. § 49-27-33
Status: in_force

The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.
Miss. Code Ann. § 49-7-87 — MS Code / Title 49 / Chapter 1 / Section 7-87
Miss. Code Ann. § 49-7-87
Status: in_force

(1) It is unlawful for any person to sell, offer for sale or exchange any game fish enumerated in this chapter whether taken within or coming from without the state.

(2) The Department of Agriculture and Commerce may issue a permit to the owner of a private pond to sell fish grown or cultivated for stocking purposes only under such regulations as the Department of Agriculture and Commerce may deem necessary.
Miss. Code Ann. § 49-19-143 — MS Code / Title 49 / Chapter 4 / Section 19-143
Miss. Code Ann. § 49-19-143
Status: in_force

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when the compact shall have been ratified by one or more of the states named in Section 49-19-141 , then the compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Miss. Code Ann. § 49-15-30 — MS Code / Title 49 / Chapter 5 / Section 15-30
Miss. Code Ann. § 49-15-30
Status: in_force

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

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

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

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

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

(5) Any nonresident who engages in the commercial taking of seafood within the territorial waters of Mississippi without having the required nonresident commercial license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.
Miss. Code Ann. § 49-15-78 — MS Code / Title 49 / Chapter 13 / Section 15-78
Miss. Code Ann. § 49-15-78
Status: in_force

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

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

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

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

(2) A violation of this section is punishable by the penalties provided in Section 49-15-100 .
Miss. Code Ann. § 49-19-117 — MS Code / Title 49 / Chapter 11 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

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

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

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-13-21 — MS Code / Title 49 / Chapter 7 / 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. § 49-7-33.1 — MS Code / Title 49 / Chapter 7 / Section 7-33.1
Miss. Code Ann. § 49-7-33.1
Status: in_force

(1)(a) The Commission on Wildlife, Fisheries and Parks shall allow the taking of deer with the use of supplemental feed and may place any reasonable conditions or restrictions on such taking.

(b) The Commission on Wildlife, Fisheries and Parks shall establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the use of supplemental feed.

(c) The commission shall allow the taking of deer with the use of supplemental feed on private lands only.

(2) The commission shall take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the use of supplemental feed.

(3)(a) The Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the supplemental feed program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism.

(b) The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the use of supplemental feed.

(4) A violation of this section or any regulation of the commission promulgated under this section shall be punishable as a Class II violation as defined in Section 49-7-143 , and if the violator is a nonresident, then upon conviction, he or she shall lose the opportunity to obtain a nonresident license as defined in Section 49-7-8 .
Miss. Code Ann. § 49-19-111 — MS Code / Title 49 / Chapter 8 / Section 19-111
Miss. Code Ann. § 49-19-111
Status: in_force

For the purpose of providing assistance to all farm woodland and timber landowners in the state, including private ownership, and to promote the growing, managing and harvesting of timber thereon, and to provide organized forest fire protection in all counties, and to encourage the production and growth of timber on all lands suitable therefor, and for the better management thereof, and to encourage greater private ownership and promote forest education and timber management and forest fire control, the State Forestry Commission is hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117 .
Miss. Code Ann. § 49-27-37 — MS Code / Title 49 / Chapter 4 / Section 27-37
Miss. Code Ann. § 49-27-37
Status: in_force

(1) The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section 49-27-17 , and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from an amendment to the application as provided by Section 49-27-11(2), in the case of granting or denying or thirty (30) days from the date of the hearing in the case of suspension or revocation, unless an extension is requested as provided in subsection (2) and approved by the commission.

(2) An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
Miss. Code Ann. § 49-9-7 — MS Code / Title 49 / Chapter 1 / Section 9-7
Miss. Code Ann. § 49-9-7
Status: in_force

Any resident, except any company, commercial operation or farm which operates a mussel abatement program, desiring to catch, take or kill mussels in any of the fresh waters of this state except as provided for by subsection (2) of Section 49-9-5 , shall apply to the commission, and pay a fee in the sum of Seven Hundred Fifty Dollars ($750.00). Any person desiring to purchase mussel shells as mussels in the shell shall apply to the commission accompanied by a fee of Two Thousand Five Hundred Dollars ($2,500.00). A nonresident desiring to catch, take or kill mussels in any fresh water of this state except as provided by subsection (2) of Section 49-9-5 , shall apply to the commission, and pay a fee of not less than Two Thousand Dollars ($2,000.00). A nonresident from a state which does not issue a nonresident mussel license shall be prohibited from obtaining a nonresident license from this state.
Miss. Code Ann. § 49-15-409 — MS Code / Title 49 / Chapter 7 / 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. § 49-31-9 — MS Code / Title 49 / Chapter 5 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 3 / 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. § 49-28-27 — MS Code / Title 49 / Chapter 21 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

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

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

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-39-5 — MS Code / Title 49 / Chapter 26 / Section 39-5
Miss. Code Ann. § 49-39-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) The Department of Finance and Administration shall provide the office space, staff and other support necessary for the board to perform its duties.
Miss. Code Ann. § 49-5-141 — MS Code / Title 49 / Chapter 4 / Section 5-141
Miss. Code Ann. § 49-5-141
Status: in_force

Sections 49-5-141 through 49-5-157 shall be known and may be cited as the “Mississippi Natural Heritage Law of 1978.”
Miss. Code Ann. § 49-11-27 — MS Code / Title 49 / Chapter 6 / Section 11-27
Miss. Code Ann. § 49-11-27
Status: in_force

Any person, firm or corporation violating any provision of this chapter is guilty of a Class I violation, and upon conviction thereof shall be punished as provided in Section 49-7-141 . A multiple violator of this chapter shall be assessed double the maximum allowable fine.
Miss. Code Ann. § 49-17-3 — MS Code / Title 49 / Chapter 11 / 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. § 49-35-25 — MS Code / Title 49 / Chapter 31 / 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. § 49-17-523 — MS Code / Title 49 / Chapter 1 / Section 17-523
Miss. Code Ann. § 49-17-523
Status: in_force

The commission may deny the issuance or reissuance of any certificate required under Sections 49-17-511 through 49-17-521 if: (a) there has been a failure to comply with the application procedures established by regulations promulgated by the commission; (b) if the applicant fails to satisfy the application criteria established by Sections 49-17-501 through 49-17-531 and by regulations promulgated by the commission; or (c) if the applicant fails to pay the applicable fee.
Miss. Code Ann. § 49-5-81 — MS Code / Title 49 / Chapter 5 / Section 5-81
Miss. Code Ann. § 49-5-81
Status: in_force

The commission may enter into agreements with the department for the purpose of providing camping and other recreational facilities on any such land acquired under Section 49-5-71 .
Miss. Code Ann. § 49-19-225 — MS Code / Title 49 / Chapter 8 / 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. § 49-35-19 — MS Code / Title 49 / Chapter 19 / Section 35-19
Miss. Code Ann. § 49-35-19
Status: in_force

(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:

(a) Any current owner of the brownfield agreement site;

(b) The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;

(c) Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or

(d) Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.

(2) Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.

(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Miss. Code Ann. § 49-19-37 — MS Code / Title 49 / Chapter 8 / 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. § 49-31-11 — MS Code / Title 49 / Chapter 15 / Section 31-11
Miss. Code Ann. § 49-31-11
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(iii) To establish and implement waste exchange programs;

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

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

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

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

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

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

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

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

(3) The Commission on Environmental Quality shall coordinate recycling activities among municipalities and local governing authorities and promote pollution prevention, recycling, reuse of wastes, in lieu of treatment and disposal of such wastes.
Miss. Code Ann. § 49-13-15 — MS Code / Title 49 / Chapter 2 / Section 13-15
Miss. Code Ann. § 49-13-15
Status: in_force

If a package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boardinghouse, or elsewhere, the carcasses must remain in the packages or wrappers used by the licensed quail producer until the quail are being prepared for consumption.
Miss. Code Ann. § 49-19-305 — MS Code / Title 49 / Chapter 11 / Section 19-305
Miss. Code Ann. § 49-19-305
Status: in_force

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

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

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

(c) “Prescription” means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
Miss. Code Ann. § 49-27-15 — MS Code / Title 49 / Chapter 27 / Section 27-15
Miss. Code Ann. § 49-27-15
Status: in_force

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

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

(2) An applicant shall pay the publication fees and the costs of providing notice to the public.
Miss. Code Ann. § 49-17-34 — MS Code / Title 49 / Chapter 15 / Section 17-34
Miss. Code Ann. § 49-17-34
Status: in_force

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

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

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

(4) For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedures Act. “Direct basis” shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.
Miss. Code Ann. § 49-3-1 — MS Code / Title 49 / Chapter 2 / Section 3-1
Miss. Code Ann. § 49-3-1
Status: in_force

This chapter may be cited as the “Fisheries and Wildlife Management Law of 1970”.
Miss. Code Ann. § 49-15-105 — MS Code / Title 49 / Chapter 15 / Section 15-105
Miss. Code Ann. § 49-15-105
Status: in_force

All officers of the State of Mississippi are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular, it being hereby declared to be the policy of the State of Mississippi to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of the State of Mississippi are hereby authorized and directed, at convenient times and upon request of the said commission, to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively.
Miss. Code Ann. § 49-7-58.3 — MS Code / Title 49 / Chapter 4 / Section 7-58.3
Miss. Code Ann. § 49-7-58.3
Status: in_force

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

(2) A violation of this section is a Class I violation and punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-7-58.2 — MS Code / Title 49 / Chapter 5 / Section 7-58.2
Miss. Code Ann. § 49-7-58.2
Status: in_force

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

(2) If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.
Miss. Code Ann. § 49-15-319 — MS Code / Title 49 / Chapter 11 / Section 15-319
Miss. Code Ann. § 49-15-319
Status: in_force

(1) Any charter or recreational fishing boat which will be in the Gulf of Mexico over twenty-four (24) hours shall file a float plan with the department prior to departure.

(2) If a float plan is not filed, the fish on such boat shall not be filleted.
Miss. Code Ann. § 49-19-301 — MS Code / Title 49 / Chapter 8 / 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. § 49-5-81 — MS Code / Title 49 / Chapter 2 / Section 5-81
Miss. Code Ann. § 49-5-81
Status: in_force

The commission may enter into agreements with the department for the purpose of providing camping and other recreational facilities on any such land acquired under Section 49-5-71 .
Miss. Code Ann. § 49-15-40 — MS Code / Title 49 / Chapter 6 / Section 15-40
Miss. Code Ann. § 49-15-40
Status: in_force

The department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. The department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor.
Miss. Code Ann. § 49-15-86 — MS Code / Title 49 / Chapter 7 / Section 15-86
Miss. Code Ann. § 49-15-86
Status: in_force

(1) Each vessel used in catching or taking any saltwater crabs in the waters of the State of Mississippi for commercial purposes shall obtain a license from the department and shall pay an annual resident license fee of Seventy-five Dollars ($75.00) or an annual nonresident license fee of Two Hundred Dollars ($200.00).

(2) The department may require a recreational crabber's license for an administrative fee not to exceed Five Dollars ($5.00).
Miss. Code Ann. § 49-35-13 — MS Code / Title 49 / Chapter 5 / Section 35-13
Miss. Code Ann. § 49-35-13
Status: in_force

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

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

(3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Miss. Code Ann. § 49-4-37 — MS Code / Title 49 / Chapter 2 / Section 4-37
Miss. Code Ann. § 49-4-37
Status: in_force

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

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

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

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

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

(3) The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.
Miss. Code Ann. § 49-27-29 — MS Code / Title 49 / Chapter 17 / Section 27-29
Miss. Code Ann. § 49-27-29
Status: in_force

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
Miss. Code Ann. § 49-28-27 — MS Code / Title 49 / Chapter 10 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

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

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

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-19-307 — MS Code / Title 49 / Chapter 6 / Section 19-307
Miss. Code Ann. § 49-19-307
Status: in_force

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

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

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

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

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

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

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

(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-351 — MS Code / Title 49 / Chapter 9 / Section 19-351
Miss. Code Ann. § 49-19-351
Status: in_force

(1) In this section, “ drought or wildfire conditions ” means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the State Forestry Commission through use of drought indices or models or the existence of extreme wildfire conditions.

(2) If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.

(3) The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during which burning is restricted. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.

(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.