Miss. Code Ann. § 49-15-64 — MS Code / Title 49 / Chapter 7 / Section 15-64
Miss. Code Ann. § 49-15-64
Status: in_force

Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).

Upon an arrest for a violation of this section, catch and nets may be confiscated. Any catch may be sold by the law enforcement agency making the arrest at the average wholesale price being paid for shrimp. The monies derived from the sale shall be held in escrow pending disposition of the charge. If a conviction is obtained, the monies held in escrow shall be forfeited. The monies so forfeited shall be paid to the department, to be paid into the seafood fund. If the operator, firm or corporation is acquitted of the charge or if the charge is dismissed, then the monies obtained from the sale shall be paid to the proper operator, firm or corporation. Forfeiture of confiscated nets and paraphernalia shall be instituted under Sections 49-7-251 through 49-7-257 . If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.

The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.

The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
Miss. Code Ann. § 49-7-251 — MS Code / Title 49 / Chapter 3 / Section 7-251
Miss. Code Ann. § 49-7-251
Status: in_force

(1) Except as otherwise provided in Section 49-7-257 , when any property is seized pursuant to Section 49-7-103 , 49-15-21(2) or 59-21-33, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly. Provided, however, that the seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lienholders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. Provided further, that no property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

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

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

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

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

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

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

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

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

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

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

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

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

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 49-17-23 — MS Code / Title 49 / Chapter 2 / 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. § 49-33-3 — MS Code / Title 49 / Chapter 1 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-28-11 — MS Code / Title 49 / Chapter 7 / Section 28-11
Miss. Code Ann. § 49-28-11
Status: in_force

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Miss. Code Ann. § 49-19-11 — MS Code / Title 49 / Chapter 3 / Section 19-11
Miss. Code Ann. § 49-19-11
Status: in_force

The State Forestry Commission is hereby authorized to protect intermingled or adjacent state owned lands in the same manner and form as other lands within the state and the expenses thereof may be paid out of any appropriation made to the State Forestry Commission; provided such expenditures are not greater per acre in any year than the expenditures by the commission on account of the protection of any other lands than that owned by the State of Mississippi.

The provisions of this section shall not be applicable to the protection of established state parks, state forests or other state owned lands when increased expenditure may be necessary for the protection thereof in the opinion of the State Forestry Commission.

It is hereby made the duty of all agents and employees of the State Forestry Commission to report to the commission any timber or other trespass discovered by such agent or employees on state owned lands giving detailed information thereof in such report.
Miss. Code Ann. § 49-15-323 — MS Code / Title 49 / Chapter 4 / Section 15-323
Miss. Code Ann. § 49-15-323
Status: in_force

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state's territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 USCS Section 1856 , or any other provision of federal law, the Department of Marine Resources shall have jurisdiction of the offense and may commence administrative enforcement action against alleged violators in accordance with the administrative procedures provisions of Section 49-15-401 et seq., Mississippi Code of 1972 .
Miss. Code Ann. § 49-15-64.2 — MS Code / Title 49 / Chapter 13 / Section 15-64.2
Miss. Code Ann. § 49-15-64.2
Status: in_force

Any person shall be allowed to take shrimp in the bays located within and surrounding the cities of Bay St. Louis, Biloxi, Gautier, Ocean Springs and Pascagoula with a cast net, but shall not take more than fifty (50) pounds of shrimp per person per day for personal consumption. The cast net shall not exceed twelve (12) feet in length.
Miss. Code Ann. § 49-5-153 — MS Code / Title 49 / Chapter 5 / Section 5-153
Miss. Code Ann. § 49-5-153
Status: in_force

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

(2) Any property acquired by the commission or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be registered according to this section.
Miss. Code Ann. § 49-25-13 — MS Code / Title 49 / Chapter 18 / Section 25-13
Miss. Code Ann. § 49-25-13
Status: in_force

When the State Highway Commission determines that the topography of the land adjoining the highways will not permit adequate screening of junkyards, or the screening of such junkyards would not be economically feasible, the State Highway Commission shall have the authority to acquire by gift, purchase, exchange, or condemnation such interests in lands as may be necessary to secure the removal or disposal of the junkyards, and to pay just compensation for the costs of relocation, removal or disposal thereof. When the state highway commission determines that it is in the best interest of the state, it may acquire such lands, or interest in lands, outside highway rights-of-way as may be necessary to provide adequate screening of such junkyards.
Miss. Code Ann. § 49-28-25 — MS Code / Title 49 / Chapter 4 / 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. § 49-27-29 — MS Code / Title 49 / Chapter 18 / 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. § 49-15-325 — MS Code / Title 49 / Chapter 5 / Section 15-325
Miss. Code Ann. § 49-15-325
Status: in_force

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

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

(3) A person whose license has been revoked under subsection (2) of this section shall remain revoked until the person can show proof that all obligations of the court have been met.
Miss. Code Ann. § 49-7-26 — MS Code / Title 49 / Chapter 7 / Section 7-26
Miss. Code Ann. § 49-7-26
Status: in_force

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

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

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

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

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

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

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

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

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

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

(5) Each deer or turkey taken or possessed in violation of the tagging program is a separate offense.
Miss. Code Ann. § 49-5-51 — MS Code / Title 49 / Chapter 4 / Section 5-51
Miss. Code Ann. § 49-5-51
Status: in_force

All moneys collected as fines or penalties for violations of the provisions of this chapter, or any law or regulation for the protection of wild animals, birds, or fish shall be paid over by the court, justice court judge, or other office collecting or receiving the fines or penalties to the county having jurisdiction over the violations as provided by law.
Miss. Code Ann. § 49-28-15 — MS Code / Title 49 / Chapter 17 / Section 28-15
Miss. Code Ann. § 49-28-15
Status: in_force

Beginning on the date of the adoption of the resolution creating a district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Miss. Code Ann. § 49-6-1 — MS Code / Title 49 / Chapter 3 / Section 6-1
Miss. Code Ann. § 49-6-1
Status: in_force

For the purposes of this chapter, the following words are defined as follows:

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

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

(c) “Executive director” means the chief officer of the department.

(d) “Motor vehicle” means passenger automobiles, trucks, heavy trucks, tractors, graders, other heavy motor-driven equipment, and all-terrain vehicles.
Miss. Code Ann. § 49-15-411 — MS Code / Title 49 / Chapter 2 / 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. § 49-15-305 — MS Code / Title 49 / Chapter 5 / Section 15-305
Miss. Code Ann. § 49-15-305
Status: in_force

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

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

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

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

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

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

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

(f) To carry out all regulations and rules adopted by the department and enforce all licenses and permits issued by the department.
Miss. Code Ann. § 49-19-121 — MS Code / Title 49 / Chapter 1 / Section 19-121
Miss. Code Ann. § 49-19-121
Status: in_force

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

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

(3) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-19-27 — MS Code / Title 49 / Chapter 18 / Section 19-27
Miss. Code Ann. § 49-19-27
Status: in_force

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

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

(3) The Tree Seedling Revolving Fund is created to supplement the State Forestry Commission's seedling production capacity and not for its replacement.
Miss. Code Ann. § 49-17-61 — MS Code / Title 49 / Chapter 8 / Section 17-61
Miss. Code Ann. § 49-17-61
Status: in_force

There is hereby created for the State of Mississippi a Water Pollution Abatement Loan Program (“program”) from which shall be made loans in aid of construction. Funds shall be available to any political subdivision legally authorized to own, maintain and operate a sewage, industrial waste or other waste collection, transport, treatment and disposal system. No recipient shall receive from state funds any loan in excess of twenty-five percent (25%) of the cost of construction of a project, unless said recipient shall become eligible on or after October 1, 1988, as set forth in Section 49-17-85(3) .

Such cost of construction includes: preliminary planning to determine the economic and engineering feasibility of treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the construction of treatment works; and the erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works; and the inspection and supervision of the construction of treatment works.

No loan shall be made for any project under the provisions of Sections 49-17-61 through 49-17-67 unless such project is in conformity with the State Water Pollution Control Plan and has been certified by the Mississippi Commission on Natural Resources as entitled to priority over eligible projects on the basis of financial as well as water pollution control needs.

Loan funds generated by the issuance of bonds, legislative appropriations or otherwise, shall be deposited in an appropriate account or accounts created under the program.

There is hereby established a special fund designated as the Water Pollution Abatement Bond Fund (“bond fund”), which fund shall be maintained as a separate account in the State Treasury. All bonds which shall be issued by the State of Mississippi to generate funds to be used for loans under this section shall be payable as to principal, interest, premiums, if any, and service fees from the funds deposited in the bond fund. The bond fund hereby established shall be identical to and be a continuation of the Water Pollution Abatement Bond Fund authorized and established by the provisions of Chapter 471, General Laws of the State of Mississippi, 1971.

No funds heretofore deposited under any other laws to the credit of a special fund heretofore maintained in the State Treasury, and heretofore designated under such laws as the Water Pollution Abatement Bond Fund, shall be removed or transferred from such Water Pollution Abatement Bond Fund so maintained and designated under any other laws, except as shall be specifically authorized by law. When such removal or transfer shall be authorized, funds removed or transferred shall be deposited to the credit of a special fund hereby established and designated as the Water Pollution Abatement Loan Fund (“loan fund”), which fund shall be maintained as a separate account in the State Treasury.

Funds on deposit in the loan fund (a) may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature; (b) in the discretion of the commission, may be transferred to the Water Pollution Control Revolving Fund for the purpose of matching federal capitalization grants and for allowable uses; and (c) may be used for administration of the State Revolving Loan Program subject to legislative appropriation.
Miss. Code Ann. § 49-15-405 — MS Code / Title 49 / Chapter 8 / Section 15-405
Miss. Code Ann. § 49-15-405
Status: in_force

(1) If the alleged violator requests a formal hearing within thirty (30) days from the receipt of the finding and imposed fine, or within fifteen (15) days from the receipt of the executive director's decision following the information settlement, the executive director shall designate a representative of the Attorney General's office to preside over the hearing and render a finding and recommendation as provided in this section.

(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the alleged violator requests a public hearing. The hearing officer shall have the right and duty to impose reasonable restrictions as he may deem necessary or appropriate to ensure orderly, expeditious and impartial proceedings, and shall admit all relevant and material evidence except evidence which is unduly repetitious. Hearsay shall be admissible to the extent permitted by the hearing officer.

(3) For purposes of such hearing, the hearing officer is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the alleged violator. The hearing officer shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall serve them. In case of the failure of any person to comply with any subpoena issued by the hearing officer, the hearing officer may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.

(4) At the conclusion of the hearing, the hearing officer shall issue a written recommendation incorporating his findings of facts and conclusions of law regarding whether a violation has occurred and the appropriate penalty, if any, that he may assess not to exceed Ten Thousand Dollars ($10,000.00) per violation.

(5) The hearing officer's recommendation shall then be forwarded to the executive director who will make the final decision regarding whether a violation has occurred and the appropriate penalty, if any.

(6) The executive director's final decision shall be delivered to the alleged violator.
Miss. Code Ann. § 49-28-37 — MS Code / Title 49 / Chapter 8 / Section 28-37
Miss. Code Ann. § 49-28-37
Status: in_force

If the owners of a majority of the front footage of the property to be assessed under the front foot rule, or if the owners of a majority of the area of the property to be assessed under the area rule, as described in Section 49-28-35 , file a written protest objecting to the assessments authorized under this chapter, then the board of commissioners shall not proceed with the special assessment.
Miss. Code Ann. § 49-27-57 — MS Code / Title 49 / Chapter 13 / Section 27-57
Miss. Code Ann. § 49-27-57
Status: in_force

(a) In addition to civil liability under this chapter, a violation of this chapter is a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) or by imprisonment of not more than thirty (30) days, or both.

(b) In the case of continuing violations, each day shall constitute a separate charge; however, separate violations under this chapter need not be severed for trial when an identity of parties and location exists.

(c) It shall be a misdemeanor to materially harm or disturb scientific devices and recording instruments left in coastal wetlands by authorized agencies of the state or federal government, and a violation of this subsection shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days or both.
Miss. Code Ann. § 49-7-12.1 — MS Code / Title 49 / Chapter 4 / Section 7-12.1
Miss. Code Ann. § 49-7-12.1
Status: in_force

(1) Nonresident wholesale dealers who buy nongame gross fish in the state for the purpose of resale shall obtain a nonresident commercial fishing license.

(2) Any nonresident who imports nongame gross fish into the state for the purpose of resale to a wholesale or retail dealer or to a consumer shall obtain a nonresident commercial fishing license.
Miss. Code Ann. § 49-13-3 — MS Code / Title 49 / Chapter 11 / Section 13-3
Miss. Code Ann. § 49-13-3
Status: in_force

As used in this chapter, the term:

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

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

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

(d) “Quail” means all species of quail native to North America and coturnix quail.
Miss. Code Ann. § 49-37-1 — MS Code / Title 49 / Chapter 1 / Section 37-1
Miss. Code Ann. § 49-37-1
Status: in_force

This chapter shall be known and may be cited as the “Statewide Scientific Information Management Act of 1999.”
Miss. Code Ann. § 49-28-13 — MS Code / Title 49 / Chapter 7 / 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. § 49-15-305 — MS Code / Title 49 / Chapter 4 / Section 15-305
Miss. Code Ann. § 49-15-305
Status: in_force

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

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

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

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

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

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

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

(f) To carry out all regulations and rules adopted by the department and enforce all licenses and permits issued by the department.
Miss. Code Ann. § 49-5-41 — MS Code / Title 49 / Chapter 2 / Section 5-41
Miss. Code Ann. § 49-5-41
Status: in_force

Section 99-1-5, Mississippi Code of 1972 , shall apply to all violations of the laws or regulations relating to wild animals, birds, or fish.
Miss. Code Ann. § 49-6-3 — MS Code / Title 49 / Chapter 3 / 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. § 49-35-27 — MS Code / Title 49 / Chapter 25 / 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. § 49-17-16 — MS Code / Title 49 / Chapter 15 / Section 17-16
Miss. Code Ann. § 49-17-16
Status: in_force

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

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

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

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

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

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

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

(7) The Executive Director of the Department of Environmental Quality shall provide technical, clerical and other support services, including services by contract, as the Advisory Council determines that it requires in the performance of its functions.
Miss. Code Ann. § 49-15-411 — MS Code / Title 49 / Chapter 9 / 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. § 49-5-76 — MS Code / Title 49 / Chapter 4 / Section 5-76
Miss. Code Ann. § 49-5-76
Status: in_force

The Mississippi Commission on Wildlife, Fisheries and Parks may solicit and receive gifts, donations, contributions and other monies, including bequests and devises, on behalf of the Mississippi Wildlife, Fisheries and Parks Foundation and, upon receipt thereof, shall transfer and remit such gifts, donations, contributions and monies so received to the foundation for its use.
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 6 / 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. § 49-23-13 — MS Code / Title 49 / Chapter 2 / Section 23-13
Miss. Code Ann. § 49-23-13
Status: in_force

All persons, partnerships, corporations or other business entities engaging in the outdoor advertising business, except persons erecting signs for personal activities or business, which includes but is not limited to the erection, maintenance and selling of advertising space on and along the highways and public roads of Mississippi, shall be required to provide the Mississippi State Highway Commission a bond under the rules and regulations as promulgated by the highway commission, but provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 19 / 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. § 49-23-13 — MS Code / Title 49 / Chapter 3 / Section 23-13
Miss. Code Ann. § 49-23-13
Status: in_force

All persons, partnerships, corporations or other business entities engaging in the outdoor advertising business, except persons erecting signs for personal activities or business, which includes but is not limited to the erection, maintenance and selling of advertising space on and along the highways and public roads of Mississippi, shall be required to provide the Mississippi State Highway Commission a bond under the rules and regulations as promulgated by the highway commission, but provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
Miss. Code Ann. § 49-33-1 — MS Code / Title 49 / Chapter 25 / Section 33-1
Miss. Code Ann. § 49-33-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Agricultural and Forestry Activity Act.”
Miss. Code Ann. § 49-5-94 — MS Code / Title 49 / Chapter 5 / Section 5-94
Miss. Code Ann. § 49-5-94
Status: in_force

Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 49-5-86 through 49-5-98 . Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 49-5-86 through 49-5-98 shall become effective immediately upon its adoption by the state bond commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the state bond commission by a majority of its members.

The bonds authorized under the authority of Sections 49-5-86 through 49-5-98 shall be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972 , for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the secretary of the state bond commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.
Miss. Code Ann. § 49-28-23 — MS Code / Title 49 / Chapter 10 / Section 28-23
Miss. Code Ann. § 49-28-23
Status: in_force

(1) The district may issue negotiable special improvement bonds to provide funds for the purpose of planning, design, construction, operation, maintenance or improvement of any project of the district, including acquisition of land. The bonds shall be payable primarily from special assessments authorized in Section 49-28-29 and, if provided in the proceedings authorizing the bonds, the avails of the ad valorem tax levy authorized in Section 49-28-27 . In addition, if provided in the proceedings authorizing the bonds and agreed to by resolution of the board of supervisors authorizing the board of commissioners to make that pledge, the bonds shall also be payable from the avails of the ad valorem tax levy provided for in subsection (2) of this section, or from any combination of monies from those special assessments and tax levies. The bonds may be issued without an election being held upon the question of their issuance and without the publication of any notice of intention to issue the bonds. The board of commissioners of the district shall issue bonds of the district by resolution spread upon the minutes of the board. The bonds shall contain covenants and provisions, be executed, bear interest at the rate or rates not to exceed fourteen percent (14%) per annum, be in denomination or denominations, be payable, both as to principal and interest, at the place or places, mature at the time or times not exceeding twenty-five (25) years from their date of issuance, as shall be determined by the board of commissioners and set forth in the resolution under which the bonds are issued. However, any bonds which are secured by a pledge of special assessments shall mature at the time or times not exceeding the time period over which the special assessments are payable, as determined by the board of commissioners under Section 49-28-29 . Notwithstanding any provision of general law to the contrary, any bonds and interest coupons issued under this chapter shall possess all of the qualities of negotiable instruments, and the bonds, premium, if any, and interest thereon shall be exempt from all state, county, municipal and other taxation under the laws of the State of Mississippi. Any bonds issued under the authority of this chapter may be refunded in the manner provided in this chapter upon a finding by the board of commissioners that the refunding is in the public interest. Bonds for the improvement or extension of any structures or facilities of the district may be included with any refunding bonds. The bonds may be sold without the necessity of advertising for bids and may be sold by negotiated private sale and on any terms, conditions and covenants as may be agreed to by and between the issuing authority and the purchasers of the bonds. The total amount of bonds issued under this chapter shall not exceed One Million Dollars ($1,000,000.00).

(2) If provided in the proceedings authorizing the issuance of the bonds and agreed to by resolution of the board of supervisors authorizing the board of commissioners of the district to make a pledge, then when there are insufficient revenues received from special assessments authorized under Section 49-28-29 and the avails of the ad valorem tax levy authorized under Section 49-28-27 , or from both together, according to the provisions made in the proceedings authorizing the issuance of the bonds, to meet the interest or principal payments, or both, when due on any bonds issued under this chapter (excluding for this purpose any amounts in a reserve fund for those bonds), then, upon certification of that fact by the board of commissioners of the district to the board of supervisors, the board of supervisors shall levy an ad valorem tax on all taxable property within the geographical limits of the district. The avails of the tax, together with any other monies available for that purpose, shall be sufficient to provide for the payment of the principal of and interest on the bonds as the principal and interest falls due. If provided in the proceedings for the issuance of the bonds, the avails of the tax may also be used to replenish any reserve fund established for the bonds.
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 5 / 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. § 49-19-213 — MS Code / Title 49 / Chapter 1 / Section 19-213
Miss. Code Ann. § 49-19-213
Status: in_force

The commission is authorized to use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections 49-19-201 through 49-19-227 , on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 10 / 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. § 49-28-11 — MS Code / Title 49 / Chapter 11 / Section 28-11
Miss. Code Ann. § 49-28-11
Status: in_force

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Miss. Code Ann. § 49-19-111 — MS Code / Title 49 / Chapter 9 / 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. § 49-17-775 — MS Code / Title 49 / Chapter 9 / Section 17-775
Miss. Code Ann. § 49-17-775
Status: in_force

If any clause, sentence, paragraph, section or part of the provisions of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof directly involved in the controversy in which such judgment shall have been rendered.
Miss. Code Ann. § 49-19-119 — MS Code / Title 49 / Chapter 6 / Section 19-119
Miss. Code Ann. § 49-19-119
Status: in_force

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

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

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

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

(5) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-23-9 — MS Code / Title 49 / Chapter 21 / Section 23-9
Miss. Code Ann. § 49-23-9
Status: in_force

(1) In addition to the authority set out in this chapter, the commission shall have authority to promulgate rules and regulations regarding the configuration and location of outdoor advertising signs provided for in Section 49-23-5 . At a minimum, the rules and regulations shall conform to the national standards promulgated pursuant to Title 23 of the United States Code and the standards set out in an agreement entered into under Section 49-23-27 .

(2)(a) For signs erected prior to July 1, 2003, the maximum size of any outdoor sign or other advertising device shall be one thousand two hundred (1,200) square feet;

(b) For sign structures erected on or after July 1, 2003, the maximum area for any one (1) sign face shall be six hundred seventy-two (672) square feet, the maximum height shall be fourteen (14) feet and the maximum length shall be forty-eight (48) feet, inclusive of any border and trim on the sign face, but excluding any embellishment on, and cut-out extension of, the sign face, the base or apron, supports and other structural members. The height of sign structures erected on or after April 15, 2008, or any replacements thereof shall not exceed forty (40) feet above the level of the road grade unless the grade of the land adjacent to the road is higher than the level of the road grade, then the height of the sign structure may exceed forty (40) feet above the level of the road grade but shall not exceed forty (40) feet above the grade of the site where the sign is placed. Any embellishment on or cut-out extension of any sign face shall not exceed twenty percent (20%) of the square footage of such sign face.

(3) The area of any sign face shall be measured by the smallest square, rectangle, triangle or circle or combination thereof which will encompass the entire sign.

(4) Sign structures erected on or after July 1, 2003, may contain one (1) or two (2) signs per face and may use only a side-by-side, back-to-back or V-type configuration and no other; provided, however, that if two (2) signs are used facing the same direction, the aggregate total area shall not exceed six hundred seventy-two (672) square feet.

(5) All illuminated outdoor signs or other advertising devices shall be so illuminated as to adhere to the customary practices of the industry in Mississippi and in conformance with national standards. No lighting devices shall be used which in any way imitate any traffic control device, railroad sign or signal, or highway directional signs.

(6) All outdoor signs and other advertising devices located within one-half ( 1 / 2 ) mile of an intersection of two (2) or more primary highways, or a primary highway and the Great River Road, or an interchange on the interstate system shall be erected and/or maintained with a minimum spacing between structures of five hundred (500) feet, unless separated by another commercial building or structure, other than outdoor advertising, in which case outdoor advertising may be permitted on one or more sides of building or buildings. The minimum spacing requirement of five hundred (500) feet between structures shall not apply to signs in existence on April 15, 2008.

(7) No two (2) signs shall be spaced less than five hundred (500) feet apart, except as to signs in existence on April 15, 2008, which shall not be removed by Sections 49-23-1 through 49-23-29 . This spacing limitation shall apply to areas within incorporated cities, towns, villages and in zoned and unzoned industrial or commercial areas.
Miss. Code Ann. § 49-13-9 — MS Code / Title 49 / Chapter 2 / Section 13-9
Miss. Code Ann. § 49-13-9
Status: in_force

The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the department. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.
Miss. Code Ann. § 49-7-58 — MS Code / Title 49 / Chapter 5 / Section 7-58
Miss. Code Ann. § 49-7-58
Status: in_force

(1)(a) In addition to the ban on importing white-tailed deer under Section 49-7-54 , there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture.

(b) Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141 . Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141 . A second or subsequent violation under this section shall be punished by the maximum fine under Section 49-7-141 . The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state.

(2) It shall be the duty of the Commissioner of Agriculture and Commerce, the Board of Animal Health, the State Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the Department of Wildlife, Fisheries and Parks to consult and coordinate efforts on matters related to chronic wasting disease, the prevention of the introduction of chronic wasting disease in the state and to ensure the health and safety of the public and wildlife.

(3) The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary authority in matters related to the importation of white-tailed deer, white-tailed deer in enclosures, and prevention of the introduction of chronic wasting disease into the native wildlife population.
Miss. Code Ann. § 49-19-303 — MS Code / Title 49 / Chapter 18 / Section 19-303
Miss. Code Ann. § 49-19-303
Status: in_force

(1) The application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment and the economy of Mississippi. Pursuant thereto, the Legislature finds that:

(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.

(b) Most of Mississippi's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.

(c) Forest lands constitute significant economic, biological and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling and controls or eliminates certain forest pathogens.

(d) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.

(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.

(f) As Mississippi's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.

(2) It is the purpose of Sections 49-19-301 through 49-19-307 to authorize and promote the continued use of prescribed burning for ecological, silvicultural and wildlife management purposes.
Miss. Code Ann. § 49-19-173 — MS Code / Title 49 / Chapter 3 / Section 19-173
Miss. Code Ann. § 49-19-173
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 49-19-171 , 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. § 49-31-11 — MS Code / Title 49 / Chapter 31 / 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. § 49-37-1 — MS Code / Title 49 / Chapter 26 / Section 37-1
Miss. Code Ann. § 49-37-1
Status: in_force

This chapter shall be known and may be cited as the “Statewide Scientific Information Management Act of 1999.”
Miss. Code Ann. § 49-13-5 — MS Code / Title 49 / Chapter 10 / Section 13-5
Miss. Code Ann. § 49-13-5
Status: in_force

Any person, firm or corporation may engage in the business of propagating pen-raised quail for the commercial sale for consumption thereof by complying with the provisions of this chapter and may thereafter sell either live quail or the carcasses of such pen-raised quail either within or without this state.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 10 / 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. § 49-7-12.1 — MS Code / Title 49 / Chapter 6 / Section 7-12.1
Miss. Code Ann. § 49-7-12.1
Status: in_force

(1) Nonresident wholesale dealers who buy nongame gross fish in the state for the purpose of resale shall obtain a nonresident commercial fishing license.

(2) Any nonresident who imports nongame gross fish into the state for the purpose of resale to a wholesale or retail dealer or to a consumer shall obtain a nonresident commercial fishing license.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 3 / 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. § 49-15-205 — MS Code / Title 49 / Chapter 7 / Section 15-205
Miss. Code Ann. § 49-15-205
Status: in_force

(1) All other property which is forfeited under Sections 49-15-201 through 49-15-207 , and except as provided in subsections (2), (5) and (6) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:

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

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

(2) All money which is forfeited under Sections 49-15-201 through 49-15-207 shall be divided, deposited and credited in the same manner as set forth in subsection (1) of this section.

(3) All property forfeited, deposited and credited to the Department of Marine Resources under Sections 49-15-201 through 49-15-207 shall be forwarded to the State Treasurer and deposited in the Seafood Fund for use by the Department of Marine Resources upon appropriation by the Legislature.

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

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

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

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

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

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

(7) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 3 / 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. § 49-27-4.1 — MS Code / Title 49 / Chapter 2 / Section 27-4.1
Miss. Code Ann. § 49-27-4.1
Status: in_force

(1) The Mississippi Department of Marine Resources is authorized and directed to designate the “Big Island”, 57 acres located at the physical address of 0 Mouth of Back Bay of Biloxi in Harrison County, Mississippi, as “Gollott Island” in honor of the role of Senator Thomas A. Gollott in the development of the Mississippi Gulf Coast. Big Island is more particularly described as Patent No. 1211672 Big Island Lot 2 of Section 22-7-9 A Swamp and Overflowed land located at the mouth of the Back Bay of Biloxi. The Mississippi Department of Marine Resources is further authorized and directed to designate the breakwater improvements on the south side of the island as “Godfather Point”.

(2) The Mississippi Department of Marine Resources in conjunction with the Office of the Secretary of State are further authorized to erect appropriate markers and signs indicating the location of “Gollott Island” and “Godfather Point” and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Miss. Code Ann. § 49-17-44 — MS Code / Title 49 / Chapter 8 / Section 17-44
Miss. Code Ann. § 49-17-44
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) This section shall be applicable to new applications for water pollution control permits and to existing water pollution control permits upon application for reissuance or transfer of a permit.
Miss. Code Ann. § 49-19-351 — MS Code / Title 49 / Chapter 17 / 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.
Miss. Code Ann. § 49-15-403 — MS Code / Title 49 / Chapter 8 / Section 15-403
Miss. Code Ann. § 49-15-403
Status: in_force

(1) When any allegation or charge in the form of a complaint has been made against a person for violations pursuant to the authorities outlined in Section 49-15-401 and such matter has been brought before the department for administrative penalty processing, the department shall:

(a) Cause the complaint to be in writing, signed by the person and/or office making the charge and include the recommended fine;

(b) Ensure that the complaint is filed with the executive director;

(c) Cause the executive director of the department, or his designee, to review the complaint; and

(d) Send or deliver a copy of the complaint and any supporting documents to the alleged violator along with a request for the alleged violator to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for by the Mississippi Rules of Civil Procedure. Citations issued at the time of the alleged violation by marine enforcement officers shall constitute sufficient notice.

(2) Upon receipt of the response and any supporting documents from the alleged violator, the executive director, or his designee, shall review all information on file to determine the merit of the complaint. If the executive director, or his designee, determines that the complaint lacks merit, the executive director may dismiss the complaint.

(3) If the executive director, or his designee, determines that there are reasonable grounds to indicate that a violation has occurred or if the alleged violator admits to the truth of the allegations upon which the complaint is based, the executive director may impose a fine not to exceed Ten Thousand Dollars ($10,000.00) for each violation. The executive director shall send a copy of the imposed fine to the alleged violator.

(4) The alleged violator shall have fifteen (15) days from receipt of the finding and imposed fine of the executive director within which to file a written request for an informal settlement conference with the executive director, or his designee. If the alleged violator requests a conference, the executive director, or his designee, shall meet with the alleged violator to discuss the proposed penalty and the possibility of an agreed settlement. The alleged violator may present evidence and written or oral comments at the executive director's conference. The alleged violator may be represented by legal counsel, at his or her own expense. If, in the judgment of the executive director, or his designee, a reasonable settlement is reached, the recommended penalty shall be revised accordingly. The executive director shall make the final decision regarding the penalty to be issued, which may include dismissal of the complaint, issuance of a warning in lieu of a penalty or a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation. If a request for information settlement is not received within the timeframe provided, the executive director's imposed fine will be the final decision.
Miss. Code Ann. § 49-33-9 — MS Code / Title 49 / Chapter 33 / Section 33-9
Miss. Code Ann. § 49-33-9
Status: in_force

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

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

(3) Payment of awards for inverse condemnation: Payment of awards for inverse condemnation shall be made by the entity or entities as determined by the court subject to applicable limits provided in Section 11-46-15 . Payment shall not result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property). If more than one (1) entity is involved, the payment shall be made in the percentage of liability as allocated by the trier of fact in the inverse condemnation action. If any county, municipality, or political subdivision of the state whose actions constitute inverse condemnation as defined in this chapter are unable to pay the costs awarded, then the action causing the inverse condemnation shall be rescinded within sixty (60) days after the judgment of the court.
Miss. Code Ann. § 49-8-5 — MS Code / Title 49 / Chapter 4 / Section 8-5
Miss. Code Ann. § 49-8-5
Status: in_force

The following wild animals are classed as animals inherently dangerous to humans:

(a) Order Primates:

(i) Family Pongidae (gibbons, orangutan, chimpanzees, siamangs and gorillas) -- all species;

(ii) Family Cercopithecidae:

A. Genus Macaca (macaques) -- all species;

B. Genus Papio (mandrills, drills and baboons) -- all species;

C. Theropithecus Gelada (Gelada baboon);

(b) Order Carnivora:

(i) Family Canidae:

A. Genus Canis (wolves, jackals and dingos; all species, including crosses between wolves and domestic animals);

B. Chrysocyon brachyurus (maned wolf);

C. Cuon alpinus (red dog);

D. Lycaon pictus (African hunting dog);

(ii) Family Ursidae (bears) -- all species;

(iii) Family Mustelidae -- Gulo gulo (wolverine);

(iv) Family Hyaenidae (hyenas) -- all species;

(v) Family Felidae:

A. Genus Leo or Panthera or Neofelis (lions, tigers, jaguars and leopards) -- all species;

B. Unica unica (snow leopard);

C. Acinonyx jubatus (cheetah);

D. Felis concolor (cougar) -- all subspecies;

(c) Order Proboscidae: Family Elephantidae (elephants) -- all species;

(d) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) -- all species;

(e) Order Artiodactyla:

(ii) Family Hippopotamidae -- Hippopotamus amphibius (hippopotamus);

(ii) Family Bovidae: Syncerus caffer (African buffalo).
Miss. Code Ann. § 49-31-21 — MS Code / Title 49 / Chapter 28 / Section 31-21
Miss. Code Ann. § 49-31-21
Status: in_force

(1) The department shall require waste minimization plans to be provided by each generator of hazardous waste who is regulated as a large quantity generator or a small quantity generator under Mississippi hazardous waste management regulations and each facility operator required to file a report under Section 313 of EPCRA. The generators and facility operators shall provide a plan for each site where waste is generated or chemicals are released.

(2) Waste minimization plans for large quantity generators and for facility operators required to file a report under Section 313 of EPCRA, shall include, at a minimum:

(a) A written policy describing ownership and management support for pollution prevention and waste minimization and implementation of the plan;

(b) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure waste minimization;

(c) An explanation and documentation of waste minimization efforts completed or in progress before the first reporting date;

(d) An analysis of waste streams, and identification of opportunities to eliminate waste generation. The analysis shall include review of individual processes and facilities and other activities where wastes may be generated, evaluation of data on the types, amounts and hazardous and toxic constituents of waste generated, and potential waste minimization techniques applicable to those wastes;

(e) An identification of waste management costs;

(f) An identification of employee awareness and training programs to involve employees in waste minimization planning and implementation to the maximum extent feasible;

(g) The establishment of performance goals for the minimization of wastes which shall be expressed in numeric terms, to the extent practicable.

(3) The department shall develop appropriate, but less stringent, requirements for waste minimization plans to be prepared by small quantity generators.

(4) All generators and facility operators required to prepare a waste minimization plan shall update annually their waste minimization plan. The annual update shall include at a minimum:

(a) An analysis and quantification of progress made, if any, in waste minimization, relative to each performance goal established under subsection (2)(g) of this section; and

(b) Any amendments to the waste minimization plan and an explanation of the need for the amendments.

(5) For purposes of this section, a generator or facility operator shall permit the department or its designee to review the waste minimization plan.

(6) From the waste minimization plan and each annual update, the generator or facility operator shall submit to the department a certified report of the types and quantities of wastes generated, and the types and quantities of wastes minimized. To the extent practicable, the department shall coordinate the submission of this certified report with other reporting requirements placed on large quantity and small quantity hazardous waste generators and facility operators.

(7) The certified report shall include a narrative summary explaining the waste generation and minimization data, a description of goals and progress made in minimizing the generation of wastes, and a description of any impediments to the minimization of wastes.
Miss. Code Ann. § 49-17-7 — MS Code / Title 49 / Chapter 7 / Section 17-7
Miss. Code Ann. § 49-17-7
Status: in_force

(1) The Mississippi Commission on Environmental Quality shall be the Mississippi Air and Water Pollution Control Commission, and shall exercise the duties and responsibilities of the Mississippi Air and Water Pollution Control Commission through the Mississippi Department of Environmental Quality.

(2) The words “ Mississippi Air and Water Pollution Control Commission ” wherever they may appear in the laws of the State of Mississippi shall be construed to mean the Mississippi Commission on Environmental Quality.
Miss. Code Ann. § 49-17-44 — MS Code / Title 49 / Chapter 13 / Section 17-44
Miss. Code Ann. § 49-17-44
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) This section shall be applicable to new applications for water pollution control permits and to existing water pollution control permits upon application for reissuance or transfer of a permit.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 9 / 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. § 49-35-31 — MS Code / Title 49 / Chapter 25 / Section 35-31
Miss. Code Ann. § 49-35-31
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”
Miss. Code Ann. § 49-13-3 — MS Code / Title 49 / Chapter 7 / Section 13-3
Miss. Code Ann. § 49-13-3
Status: in_force

As used in this chapter, the term:

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

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

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

(d) “Quail” means all species of quail native to North America and coturnix quail.
Miss. Code Ann. § 49-5-33 — MS Code / Title 49 / Chapter 4 / Section 5-33
Miss. Code Ann. § 49-5-33
Status: in_force

The United States Commissioner of Fisheries and his duly authorized agents are hereby accorded the right to carry on fish-cultural activities and all operations connected therewith in any manner and at such times as may by such commissioner, or his agents, be considered necessary and proper.
Miss. Code Ann. § 49-7-20.2 — MS Code / Title 49 / Chapter 3 / 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. § 49-28-7 — MS Code / Title 49 / Chapter 10 / Section 28-7
Miss. Code Ann. § 49-28-7
Status: in_force

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

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

“FOR CREATION OF __________ DISTRICT: ( )

AGAINST CREATION OF __________ DISTRICT: ( ).”

Voters shall vote by placing a cross mark (x) or check mark (✓) opposite their choice.
Miss. Code Ann. § 49-23-3 — MS Code / Title 49 / Chapter 21 / Section 23-3
Miss. Code Ann. § 49-23-3
Status: in_force

As used in Sections 49-23-1 through 49-23-29 :

(a) “An unzoned commercial or industrial area” is an area determined by actual land uses which is commercial, industrial, marketing or mercantile, along a state controlled route and extending outward along one (1) side of such highway not more than eight hundred (800) feet from the edge of such activity.

(b) “ Areas which are zoned industrial or commercial ” means an area along a state controlled route that has been zoned or rezoned as industrial or commercial under the authority of any law of this state, which shall include, without limiting the generality of the foregoing, zoning districts customarily referred to as “B” or business, “C” or commercial, “I” or industrial, “M” or manufacturing and “S” or service and all similar classifications.

(c) “ Commission ” means the Mississippi Transportation Commission.

(d) “ Department ” means the Mississippi Department of Transportation.

(e) “ Erect ” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish an advertising message.

(f) “ Great River Road ” means that portion of highway located within this state as officially designated by the Federal Highway Administration pursuant to the provisions of Title 23, United States Code, “Highways.”

(g) “ Information center ” means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the commission may consider desirable.

(h) “ Interstate system ” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(i) “ Maintenance ” means repair, replacement, change, renovation or improvement of any outdoor advertising sign as defined herein. Maintenance shall not include the removal or destruction of any outdoor advertising sign.

(j) “ National highway system ” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(k) “ Outdoor advertising ” or “ outdoor advertising sign ” means by outdoor signs, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designated, intended or used to advertise or inform, any part of which is visible from any place on the main-traveled way of a state controlled route.

(l) “ Primary system ” means that portion of connected main highways, as officially designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(m) “ Safety rest area ” means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control, for the convenience of the traveling public.

(n) “ Scenic byway ” means a highway that is designated as a scenic byway under Section 65-41-1 et seq. without regard to qualification as a Federal Scenic Byway, meaning that both “state” scenic byway as well as “federal” scenic byway shall be included under the general category of “scenic byway.”

(o) “ State controlled routes ” means the Interstate System, the Federal Primary System, the National Highway System, the Great River Road and any scenic byways as defined herein along with any additions or deletions thereto as the Federal Highway Administration shall determine by federal statutes or regulations.
Miss. Code Ann. § 49-11-7 — MS Code / Title 49 / Chapter 5 / Section 11-7
Miss. Code Ann. § 49-11-7
Status: in_force

Each license issued by the department shall designate whether or not the preserve or commercial wildlife enclosure is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license shall specify that the area is a restricted shooting preserve or commercial wildlife enclosure. The department shall maintain accurate listings of the names and addresses of the licensees and the location of the property. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves or enclosures are public or private.
Miss. Code Ann. § 49-15-409 — MS Code / Title 49 / Chapter 8 / Section 15-409
Miss. Code Ann. § 49-15-409
Status: in_force

The department shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and the authorities outlined in Section 49-15-401 . The department may adopt rules and regulations to implement the provisions of this article.
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 13 / Section 17-117
Miss. Code Ann. § 49-17-117
Status: in_force

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Miss. Code Ann. § 49-19-211 — MS Code / Title 49 / Chapter 13 / 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. § 49-17-423 — MS Code / Title 49 / Chapter 17 / 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. § 49-31-7 — MS Code / Title 49 / Chapter 31 / Section 31-7
Miss. Code Ann. § 49-31-7
Status: in_force

The purposes of this chapter are:

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

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

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

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

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

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

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

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

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

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

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

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

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

(n) To provide for the funding of the Mississippi Multimedia Pollution Prevention Program through the establishment of a pollution prevention fee.
Miss. Code Ann. § 49-15-2 — MS Code / Title 49 / Chapter 11 / 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. § 49-19-175 — MS Code / Title 49 / Chapter 19 / Section 19-175
Miss. Code Ann. § 49-19-175
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the Southeastern Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself. Advisory committee members shall be reimbursed for all necessary travel expenses incurred while attending compact meetings provided the total expenditure of the four members does not exceed One Thousand Two Hundred Dollars ($1,200.00) per year.
Miss. Code Ann. § 49-17-769 — MS Code / Title 49 / Chapter 10 / Section 17-769
Miss. Code Ann. § 49-17-769
Status: in_force

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 49-35-15 — MS Code / Title 49 / Chapter 13 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-15-301 — MS Code / Title 49 / Chapter 8 / Section 15-301
Miss. Code Ann. § 49-15-301
Status: in_force

(1) The Mississippi Advisory Commission on Marine Resources is hereby established and full power is vested in the advisory commission to advise the Executive Director of the Department of Marine Resources on all matters pertaining to all saltwater aquatic life and marine resources. The advisory commission shall advise the Executive Director of the Department of Marine Resources on the administration of the Coastal Wetlands Protection Law and the Public Trust Tidelands Act. Notwithstanding any other provision of law to the contrary, the commission shall only be an advisory commission to the Department of Marine Resources and shall not have independent authority to take official action on behalf of the Mississippi Department of Marine Resources and its actions are purely advisory in nature. Whenever the terms “Mississippi Commission on Marine Resources,” “Commission on Marine Resources” and “commission” when referring to the Mississippi Commission on Marine Resources appear in any state law, they shall mean the “Mississippi Advisory Commission on Marine Resources.”

(2) The reconstituted Mississippi Advisory Commission on Marine Resources shall consist of five (5) members to be appointed as follows:

(a) The Governor shall appoint five (5) members who shall be residents of Jackson, Harrison and Hancock Counties with the advice and consent of the Senate. The Governor shall appoint at least one (1) member from each county but not more than two (2) members from any one (1) county. The members designated in subparagraphs (i), (ii) and (iv) must be a resident of the county where the business he is appointed to represent is located.

(b) The advisory commission shall be composed as follows:

(i) One (1) member shall be a commercial seafood processor.

(ii) One (1) member shall be a commercial fisherman.

(iii) One (1) member shall be a recreational sports fisherman.

(iv) One (1) member shall be a charter boat operator.

(v) One (1) member shall be a member of an incorporated nonprofit environmental organization.

(c) Of the initial members appointed by the Governor, the members designated in subparagraphs (i), (ii) and (iii) shall serve for an initial term of two (2) years and one (1) member shall be appointed from each county. The members designated in subparagraphs (iv) and (v) shall serve an initial term of four (4) years. All terms after the initial terms shall be for a period of four (4) years.

(d) Any vacancy in the office of an appointed member of the advisory commission shall be filled by appointment by the Governor for the balance of the unexpired term.

(3) Each member shall have a demonstrated history of involvement in the matter of jurisdiction for which he is appointed to represent and his employment and activities must not conflict with the matter of jurisdiction represented. A member shall not have a record of conviction of violation of fish and game or seafood laws or regulations within the five (5) years preceding his appointment or a record of any felony conviction. After July 1, 1999, if a member is convicted of a violation of the seafood laws during his term, his office shall be deemed vacant and the Governor shall fill the vacancy as provided in this section.

(4) The advisory commission shall elect a chairman who shall preside at all meetings of the commission, and the advisory commission shall also elect a vice chairman who shall serve in the absence or inability of the chairman.

(5) Each member shall be paid actual and necessary expenses incurred in attending meetings of the advisory commission and in performing his duties away from his domicile under assignment by the advisory commission. In addition, members shall receive the per diem authorized in Section 25-3-69 .

(6) The advisory commission shall adopt rules and regulations governing times and places of meetings.

(7) The advisory commission shall not take any action without the approval of the Department of Marine Resources, and such action shall be included in the minutes of the advisory commission. A majority of the members shall constitute a quorum of the advisory commission.

(8) The advisory commission shall advise the Department of Marine Resources on how to devise a plan to make licenses available in each coastal county.

(9)(a) There is hereby created a Marine Resources Technical Advisory Council composed of the Executive Director of the Gulf Coast Research Lab, or his designee; the Executive Director of the Department of Environmental Quality, or his designee; and the Executive Director of the Department of Wildlife, Fisheries and Parks, or his designee.

(b) The council shall give technical assistance to the department.

(10) For purposes of this section the following definitions apply:

(a) “ Charter boat operator ” means an individual who operates a vessel for hire, guiding sports fishermen for a fee and is duly licensed to engage in such activity in the State of Mississippi.

(b) “ Commercial fisherman ” means a fisherman who sells, barters or exchanges any or all of his catch or who is paid for attempting to catch marine species, and is duly licensed to engage in commercial fishing.

(c) “ Commercial seafood processor ” means an individual who engages in the business of purchasing seafood products and preparing them for resale and who is duly licensed to engage in such commercial activity in the State of Mississippi.

(d) “ Incorporated environmental nonprofit organization ” means an organization duly incorporated in any state as a nonprofit organization and whose stated goals and purposes are the conservation of natural resources.

(e) “ Recreational sports fisherman ” means an individual who catches or harvests marine species only for recreation or personal consumption and not for sale. The individual must possess a saltwater sports fishing license, be a member of an incorporated nonprofit sports fishing organization and not possess a commercial fishing or seafood processor license.
Miss. Code Ann. § 49-7-91 — MS Code / Title 49 / Chapter 2 / Section 7-91
Miss. Code Ann. § 49-7-91
Status: in_force

(1) It is unlawful for any person, firm, or corporation to fish commercially at any time in Muddy Bayou, in Warren County, Mississippi.

(2) The department may enforce this section and seize and confiscate all commercial nets and seines used in Muddy Bayou, in Warren County, Mississippi, or on any part of the bayou, either along the length or at its two (2) openings in and to Eagle Lake and Steele Bayou.

(3) Any person violating this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition the department shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds to the credit of the State Game and Fish Fund.
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 23 / Section 28-47
Miss. Code Ann. § 49-28-47
Status: in_force

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 3 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

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

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

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-5-7 — MS Code / Title 49 / Chapter 3 / Section 5-7
Miss. Code Ann. § 49-5-7
Status: in_force

(1) No wild bird other than a game bird or introduced pheasants which are hereby classified as domestic fowl shall be pursued, taken, wounded, killed, captured, possessed or exported at any time, dead or alive. No part of the plumage, skin or body of any bird protected by this section or of any birds coming from without the state, the importation of which is prohibited into the United States, shall be sold or had in possession for sale in this state.

No person shall molest, take or destroy or attempt to molest, take or destroy the nests or eggs of any wild bird, or have such nests or eggs in his possession, except under the authority of a permit duly issued for scientific purposes.

(2) This section shall not apply to game birds for which there is an open season under state law or introduced pheasants; birds, or parts thereof collected or possessed under the authority of a certificate duly issued for scientific purposes; or to the English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer's blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or to the nests or eggs of such unprotected birds. Nor shall anything contained in this section prohibit any person on his own land or land under his control from killing or controlling any English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer's blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or any bird by nature destructive of gardens, crops or property of any kind when such birds are committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. This section does not authorize and shall not be construed to authorize the killing of any migratory birds protected by the Migratory Bird Treaty Act.
Miss. Code Ann. § 49-17-731 — MS Code / Title 49 / Chapter 2 / Section 17-731
Miss. Code Ann. § 49-17-731
Status: in_force

(1) There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Jackson County Utility Authority.” The authority is composed of the geographic area of Jackson County as defined in Section 19-1-59, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water and wastewater systems in order to ensure the delivery of water and wastewater services to citizens residing within the boundaries of Jackson County.

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

(3) Upon consolidation the following shall apply:

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

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

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

(d) All employees of the Mississippi Gulf Coast Regional Wastewater Authority shall become employees of the Jackson County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-17-431 — MS Code / Title 49 / Chapter 10 / Section 17-431
Miss. Code Ann. § 49-17-431
Status: in_force

Any person aggrieved by any decision by the commission or the director relating to any provision of Sections 49-17-401 through 49-17-433 shall have the right to appeal as provided in Section 49-17-41, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-37 — MS Code / Title 49 / Chapter 17 / 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. § 49-6-5 — MS Code / Title 49 / Chapter 4 / Section 6-5
Miss. Code Ann. § 49-6-5
Status: in_force

The department shall establish and implement a motor vehicle replacement program to ensure the efficient and effective operation of the department. The program shall include replacement standards based on the type, operational environment and use of each motor vehicle and any other factors necessary for cost-effective determination of replacement needs.
Miss. Code Ann. § 49-19-37 — MS Code / Title 49 / Chapter 2 / 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. § 49-28-41 — MS Code / Title 49 / Chapter 26 / 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. § 49-15-45 — MS Code / Title 49 / Chapter 1 / Section 15-45
Miss. Code Ann. § 49-15-45
Status: reserved

Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such department relating to such oyster reefs.
Miss. Code Ann. § 49-35-15 — MS Code / Title 49 / Chapter 6 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-17-123 — MS Code / Title 49 / Chapter 13 / Section 17-123
Miss. Code Ann. § 49-17-123
Status: in_force

Nothing in Sections 49-17-101 through 49-17-123 shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.
Miss. Code Ann. § 49-7-137 — MS Code / Title 49 / Chapter 3 / Section 7-137
Miss. Code Ann. § 49-7-137
Status: in_force

(1) The Department of Finance and Administration may lease for hunting, fishing and conservation purposes to the Quitman County Conservation League, Incorporated, a nonprofit domestic corporation, all wood lands owned by the State of Mississippi in Quitman County, Mississippi, and being a part of Camp “B” at the O'Keefe Farm of the Mississippi State Penitentiary.

(2) Any such lease shall be for a period and term of not more than one (1) year, but the same may continue from year to year until terminated by one (1) of the parties thereto.

(3) Any such lease shall be upon such terms and conditions as may be imposed by the Department of Finance and Administration and the Board of Commissioners of the Mississippi State Penitentiary and the same shall have no force and effect until approved in writing by said board of commissioners and may be terminated at the pleasure of the board of commissioners, or the Department of Finance and Administration.

(4) Such lease shall provide that the use of such wood lands by the Quitman County Conservation League, Incorporated, shall be under the supervision of the commission. Any lease on this land shall provide that any citizen of this state shall be entitled to hunt and fish on these lands providing they shall comply with all laws and regulations pertaining to fishing and hunting and provided such person meets the membership qualifications and pays the membership fee in the amount of Three Dollars ($3.00) as set by the Quitman County Conservation League.
Miss. Code Ann. § 49-33-13 — MS Code / Title 49 / Chapter 3 / 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. § 49-5-157 — MS Code / Title 49 / Chapter 4 / Section 5-157
Miss. Code Ann. § 49-5-157
Status: in_force

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

(2) The commission shall inspect or provide for the inspection of at least annually, each natural area preserve to insure that the terms of the articles of dedication are being respected.
Miss. Code Ann. § 49-15-415 — MS Code / Title 49 / Chapter 4 / Section 15-415
Miss. Code Ann. § 49-15-415
Status: in_force

(1) Any penalty assessed by the department shall be due and payable within forty-five (45) days of the notification of the decision. All sums of money collected as a result of criminal or civil penalties levied under this article shall be paid into the Seafood Fund created and described in Section 49-15-17 .

(2) If the judgment is not paid within the forty-five (45) days, or within such additional time as the department may allow, the department may file suit in the chancery court of the county where the defendant resides or in the case of a nonresident defendant in the Chancery Court of the Second Judicial District of Harrison County or any other court with appropriate jurisdiction to enforce the decision of the executive director and recover reasonable attorney's fees and all court costs.

(3) A copy of the notification sent by the department to the violator shall be sufficient proof as to the judgment of the department.
Miss. Code Ann. § 49-7-141 — MS Code / Title 49 / Chapter 3 / Section 7-141
Miss. Code Ann. § 49-7-141
Status: in_force

(1) Any person who has been convicted of a Class I violation shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned in the county jail for five (5) days. The person shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) consecutive months from the date of conviction.

(2) In addition to the penalty provided in subsection (1) of this section, any person convicted of a violation of Section 49-7-51 or 49-7-53, Mississippi Code of 1972 , may, in the discretion of the court, be fined One Hundred Dollars ($100.00) for each game animal, game bird or game fish, or part thereof, bought, sold, offered for sale, exchanged for merchandise or other consideration, received for shipment, shipped, transported, carried or possessed with the intent to ship, transport or carry.
Miss. Code Ann. § 49-17-41 — MS Code / Title 49 / Chapter 3 / 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. § 49-17-419 — MS Code / Title 49 / Chapter 17 / Section 17-419
Miss. Code Ann. § 49-17-419
Status: in_force

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

The commission may use the Pollution Emergency Fund for emergency or remedial cleanup of underground storage tank leaks when the tank owner will not take timely and effective action. In the event of the necessity for such immediate remedial or cleanup action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission from the tank owner.
Miss. Code Ann. § 49-9-10 — MS Code / Title 49 / Chapter 3 / Section 9-10
Miss. Code Ann. § 49-9-10
Status: in_force

Any exporter shall pay to the department a severance fee of an amount not to exceed one-tenth ( 1 / 10 ) of the value of the shells. The severance fee payments shall be made on the forms and in the manner prescribed by the commission. The exporter shall file a surety bond of Five Thousand Dollars ($5,000.00) with the department.
Miss. Code Ann. § 49-5-43 — MS Code / Title 49 / Chapter 4 / Section 5-43
Miss. Code Ann. § 49-5-43
Status: in_force

(1) Any violation or attempt to violate any of the provisions of this chapter, or any law or regulation for the protection of wild animals, birds or fish, shall constitute and is hereby declared a misdemeanor. All sheriffs, deputy sheriffs, constables and peace officers of this state are hereby made ex-officio special conservation officers and it shall be their duty to aid in the enforcement of such laws or regulations.

(2) It shall be the duty of the conservation officer, sheriff, constable and city, town and village officers within the county to arrest, with or without process, any person whom they may know or have good reason to believe is violating the provisions of Section 49-5-5 and shall take them before the proper justice of the peace or other officer to be dealt with according to law. Any private person may arrest any person violating the above section in his presence.
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 6 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-17-601 — MS Code / Title 49 / Chapter 7 / Section 17-601
Miss. Code Ann. § 49-17-601
Status: in_force

It is the intent of the Legislature to make unlawful the generation of wastes occurring in the illegal manufacture or attempted illegal manufacture of controlled substances through the mixing, combining, processing or cooking of listed precursor chemicals.
Miss. Code Ann. § 49-7-59 — MS Code / Title 49 / Chapter 4 / Section 7-59
Miss. Code Ann. § 49-7-59
Status: in_force

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

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

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

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

(3) A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143 .
Miss. Code Ann. § 49-27-61 — MS Code / Title 49 / Chapter 25 / Section 27-61
Miss. Code Ann. § 49-27-61
Status: in_force

(1)(a) The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.

(b) There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.

(c) The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.

(d) Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges.

(2) The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
Miss. Code Ann. § 49-15-29 — MS Code / Title 49 / Chapter 6 / Section 15-29
Miss. Code Ann. § 49-15-29
Status: in_force

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

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

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

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

(5) The department may design, establish, and administer a program to provide for the purchase, by electronic means, of any license, permit, registration or reservation issued by the department. Any actual costs associated to provide these documents electronically may be added to the cost of the electronic program.
Miss. Code Ann. § 49-13-9 — MS Code / Title 49 / Chapter 3 / Section 13-9
Miss. Code Ann. § 49-13-9
Status: in_force

The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the department. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.
Miss. Code Ann. § 49-19-25 — MS Code / Title 49 / Chapter 8 / Section 19-25
Miss. Code Ann. § 49-19-25
Status: in_force

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

(b) Any open cistern or well, which has been abandoned or is no longer used for the purpose of a cistern or well is hereby declared to be a public nuisance by reason of its menace to life and property, and the Mississippi Forestry Commission is hereby authorized to seal such cistern or well upon request of the landowner. A reasonable fee shall be charged for this purpose and all fees collected shall be handled in the same manner as other service charges collected by the commissioner.
Miss. Code Ann. § 49-19-23 — MS Code / Title 49 / Chapter 17 / Section 19-23
Miss. Code Ann. § 49-19-23
Status: in_force

All moneys paid to the State of Mississippi by the United States, on account of national forest lands in Mississippi, established under the provisions of the Weeks Law, so-called, being an Act of Congress, approved March 1, 1911, and amendments thereto, shall be apportioned by the state treasurer to the several counties in which such national forest lands are or may be, in proportion to the area of such national forest lands in each, as determined by the forest service of the United States Department of Agriculture.

The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository within sixty (60) days after receipt thereof, and fifty percent (50%) of such funds received by the county shall be expended for the benefit of the public schools, and the remaining fifty percent (50%) of such funds shall, in the discretion of the board of supervisors, be expended for the benefit of the public roads or of the public schools of the school districts within which national forest lands may be located.

In any area affected not having a school located therein, all of such funds may be expended on roads.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, if the board of supervisors elects to apportion fifty percent (50%) of the funds so received to public roads, the funds shall be expended upon the public roads within the supervisors district or districts within which the national forest lands are located.

In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, that portion of the funds allocated to public schools may, within the discretion of the county school board, be expended for the public schools within the county wherein the national forest lands are located.

In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.
Miss. Code Ann. § 49-13-23 — MS Code / Title 49 / Chapter 11 / Section 13-23
Miss. Code Ann. § 49-13-23
Status: in_force

Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Multiple violations of this chapter shall be assessed fines near the maximum allowable limits. Also, a person with multiple violations of this chapter may, at the discretion of the commission, have his commercial quail breeder's license suspended by operation of law for a period of one (1) year.
Miss. Code Ann. § 49-17-25 — MS Code / Title 49 / Chapter 5 / Section 17-25
Miss. Code Ann. § 49-17-25
Status: repealed

(1) Prior to the adoption, amendment or repeal of rules and regulations necessary to implement this chapter, Sections 17-17-1 through 17-17-47 , Sections 21-27-201 through 21-27-221 , Sections 37-138-1 through 37-138-31 , and all other laws administered by the department, the commission shall conduct a public hearing or hearings thereon after public notice. Such notice shall be given by publication once a week for three (3) successive weeks in a newspaper having a general circulation throughout the state. The notice shall contain a description of the proposed regulation and the time, date and place of the hearing.

(2) Additionally, the adoption, amendment or repeal of any rule or regulation under this chapter, Sections 17-17-1 through 17-17-47 , Sections 21-27-201 through 21-27-221 , Sections 37-138-1 through 37-138-31 and all other laws administered by the department shall be governed by the “Mississippi Administrative Procedures Law.” Any rule or regulation heretofore or hereafter adopted, amended or repealed in substantial compliance with the procedural requirements under Section 25-43-7 shall be valid. A proceeding to contest any rule or regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule or regulation.

(3) Notice of rules and regulations adopted by the commission shall be published once in a newspaper having general circulation throughout the state.
Miss. Code Ann. § 49-7-303 — MS Code / Title 49 / Chapter 7 / Section 7-303
Miss. Code Ann. § 49-7-303
Status: in_force

(1) A person involved in a hunting incident in which his use of a weapon caused a serious bodily injury or death to another person and who has an alcohol concentration of eight one- hundredths percent (.08%) or more based on specified levels in Section 63-11-30 , or is under the influence of any drug or controlled substance, shall have his hunting privileges revoked or suspended for two (2) years, in addition to any other punishment imposed. The chemical test must have been administered within three (3) hours after the hunting incident.

(2) If a person refuses to submit to the test at the request of a law enforcement officer, then none shall be given. The hunting privileges of a person who refuses the test shall be suspended for four (4) years. The law enforcement officer shall inform the person that his refusal to submit to a test is admissible in court and that his hunting privileges will be revoked or suspended for four (4) years.

(3) The results of such tests and the refusal to submit to a test shall be admissible in any civil or criminal action arising out of the hunting incident in which the person was involved.

(4) Any person whose hunting privileges are revoked or suspended under this section shall be required to complete an approved hunter education course before hunting privileges may be restored.
Miss. Code Ann. § 49-11-7 — MS Code / Title 49 / Chapter 10 / Section 11-7
Miss. Code Ann. § 49-11-7
Status: in_force

Each license issued by the department shall designate whether or not the preserve or commercial wildlife enclosure is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license shall specify that the area is a restricted shooting preserve or commercial wildlife enclosure. The department shall maintain accurate listings of the names and addresses of the licensees and the location of the property. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves or enclosures are public or private.
Miss. Code Ann. § 49-15-16 — MS Code / Title 49 / Chapter 10 / Section 15-16
Miss. Code Ann. § 49-15-16
Status: in_force

The department may develop a limited entry fisheries management program for all resource groups. The department may require a license for each resource group and shall establish the fees for such licenses. The department may establish a means test or any other criteria to determine eligibility for licenses under the limited entry program. The department may impose a moratorium on the issuance of licenses for a fishery resource.
Miss. Code Ann. § 49-35-5 — MS Code / Title 49 / Chapter 28 / Section 35-5
Miss. Code Ann. § 49-35-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) “ Potentially responsible party ” means a person who is or may be liable for remediation under a remedial program.
Miss. Code Ann. § 49-15-109 — MS Code / Title 49 / Chapter 1 / Section 15-109
Miss. Code Ann. § 49-15-109
Status: in_force

The commissioner shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Mississippi on or before the tenth day of February in each year, setting forth in detail the transactions conducted by it during the twelve (12) months preceding January 1st of that year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Mississippi which may be necessary to carry out the intent and purposes of the compact between the signatory states.

The auditor of the State of Mississippi is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements, and such other items referring to its financial standing as such auditor may deem proper, and to report the results of such examination to the Governor of the state.
Miss. Code Ann. § 49-17-75 — MS Code / Title 49 / Chapter 3 / Section 17-75
Miss. Code Ann. § 49-17-75
Status: in_force

The commission contemplated by Article IV of the above compact shall consist of three (3) members, as follows: One legislator, who may either be a member of the Mississippi State Senate or the Mississippi House of Representatives, to be appointed by the Mississippi Commission on Interstate Co-operation, and two (2) executive officers or employees in the executive branch of the state government whose duties, experience and abilities qualify them for such a position, to be appointed by the governor. Each member of the commission must be a qualified voter of this state and shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Miss. Code Ann. § 49-7-165 — MS Code / Title 49 / Chapter 1 / Section 7-165
Miss. Code Ann. § 49-7-165
Status: in_force

The fee for each stamp issued under Sections 49-7-161 through 49-7-173 shall be Ten Dollars ($10.00).