Miss. Code Ann. § 49-27-39 — MS Code / Title 49 / Chapter 23 / Section 27-39
Miss. Code Ann. § 49-27-39
Status: in_force

(a) An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21 , within thirty (30) days after the mailing to the parties of the order of issuance, denial, suspension or revocation of any such permit, to the chancery court of any county having jurisdiction over the property which may be affected by any such proposed activity to be authorized by such permit.

(b) If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council's order.
Miss. Code Ann. § 49-19-173 — MS Code / Title 49 / Chapter 11 / 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. § 49-28-47 — MS Code / Title 49 / Chapter 17 / 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. § 49-15-83 — MS Code / Title 49 / Chapter 7 / Section 15-83
Miss. Code Ann. § 49-15-83
Status: in_force

Nothing in Sections 49-15-71 through 49-15-81 shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
Miss. Code Ann. § 49-31-17 — MS Code / Title 49 / Chapter 26 / Section 31-17
Miss. Code Ann. § 49-31-17
Status: in_force

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

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

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

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

(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Miss. Code Ann. § 49-15-101 — MS Code / Title 49 / Chapter 10 / Section 15-101
Miss. Code Ann. § 49-15-101
Status: in_force

The Governor of this state is hereby authorized and directed to execute a compact on behalf of the State of Mississippi with any one or more of the states of Florida, Alabama, Texas, and Louisiana, and with such other states as may enter into the compact, legally joining therein in the form substantially as follows:

The contracting states solemnly agree:

Whereas the Gulf Coast states have the proprietary interest in and jurisdiction over fisheries in the waters within their respective boundaries, it is the purpose of this compact to promote the better utilization of the fisheries, marine, shell and anadromous, of the seaboard of the Gulf of Mexico, by the development of a joint program for the promotion and protection of such fisheries and the prevention of the physical waste of the fisheries from any cause.

This compact shall become operative immediately as to those states ratifying it whenever any two (2) or more of the states of Florida, Alabama, Texas, Louisiana and Mississippi have ratified it and the Congress has given its consent, pursuant to Article I, Section 10, of the Constitution of the United States . Any state contiguous to any of the aforementioned states or riparian upon waters which flow into waters under the jurisdiction of any of the aforementioned states and which are frequented by anadromous fish or marine species may become a party hereto as hereinafter provided.

Each state joining herein shall appoint three (3) representatives to a commission hereby constituted and designated as the Gulf States Marine Fisheries Commission. One (1) shall be the head of the administrative agency of such state charged with the conservation of the fishery resources to which this compact pertains or, if there be more than one (1) officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by such legislature or in the absence of such designation, such legislator shall be designated by the governor thereof, provided that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed in such manner as may be established by law. The legislative membership shall alternate between the Mississippi Senate and House of Representatives and the designated member shall be a member of the Senate Ports and Marine Resources Committee or the House Marine Resources Committee. The term shall be six (6) years. No legislative member from the Mississippi Senate or House of Representatives shall serve two (2) consecutive terms. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries, to be appointed by the governor. This commission shall be a body corporate with the powers and duties set forth herein.

The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Gulf Coast. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of these fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fishery resources of the aforementioned states. To that end the commission shall draft and recommend to the governors and legislatures of the various signatory states, legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Gulf seaboard. The commission shall from time to time present to the governor of each compacting state its recommendations relating to enactments to be presented to the legislature of that state in furthering the interest and purposes of this compact. The commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto, and when two (2) or more states shall jointly stock waters the commission shall act as the coordinating agency for such stocking.

The commission shall elect from its number a chairman and vice chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states. No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The commission shall define what shall be an interest.

The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Gulf States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wildlife Service shall attend the meetings of the commission. An advisory committee to be representative of the commercial saltwater fishermen and the saltwater anglers and such other interests of each state as the commissioners deem advisable may be established by the commissioners from each state for the purpose of advising those commissioners upon such recommendations as it may desire to make.

When any state other than those named specifically in Article II of this compact shall become a party hereto for the purpose of conserving its anadromous fish or marine species in accordance with the provisions of Article II, the participation of such state in the action of the commission shall be limited to such species of fish.

Nothing in this compact shall be construed to limit the powers of the proprietary interest of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by a signatory state imposing additional conditions and restrictions to conserve its fisheries.

It is agreed that any two (2) or more states party hereto may further amend this compact by acts of their respective legislatures, subject to approval of Congress as provided in Article I, Section X, of the Constitution of the United States , to designate the Gulf States Marine Fisheries Commission as a joint regulating authority for the joint regulation of specific fisheries affecting only such states as shall so compact, and at their joint expense. The representatives of such states shall constitute a separate section of the Gulf States Marine Fisheries Commission for the exercise of the additional powers so granted but the creation of such section shall not be deemed to deprive the states so compacting of any of their privileges or powers in the Gulf States Marine Fisheries Commission as constituted under the other articles of this compact.

Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof.

The operating expenses of the Gulf States Marine Fisheries Commission shall be borne by the states party hereto. Such initial appropriations as set forth below shall be made available yearly until modified as hereinafter provided:

Florida․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․$ 3,600.00

Alabama․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․1,000.00

Mississippi․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․1,000.00

Louisiana․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․5,000.00

Texas․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․2,500.00

Total․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․$13,100.00

The proration and total cost per annum of Thirteen Thousand One Hundred Dollars ($13,100.00), above mentioned, is estimative only, for initial operations, and may be changed when found necessary by the commission. Each state party hereto agrees to provide in the manner most acceptable to it, the travel cost and necessary expenses of its commissioners and other representatives to and from meetings of the commission or its duly constituted sections or committees.

This compact shall continue in force and remain binding upon each compacting state until renounced by act of the legislature of such state, in such form as it may choose; provided that such renunciation shall not become effective until six (6) months after the effective date of the action taken by the legislature. Notice of such renunciation shall be given the other states party hereto by the secretary of state of compacting state so renouncing upon passage of the act.
Miss. Code Ann. § 49-17-513 — MS Code / Title 49 / Chapter 3 / Section 17-513
Miss. Code Ann. § 49-17-513
Status: in_force

(1) After August 31, 1998, it is unlawful for any person who does not possess a valid lead-based paint project designer certificate to prepare abatement project designs, occupant protection plans and abatement reports.

(2) To qualify for a lead-based paint project designer certificate, an applicant shall:

(a)(i) Be a registered professional engineer or a licensed architect; or

(ii) Have a bachelor's degree in engineering, architecture or a profession related to engineering or architecture and one (1) year of experience in building design or a related field, as determined by the commission; or

(iii) Have an associate's degree and two (2) years of experience in building design or a related field, as determined by the commission; or

(iv) Have a high school diploma or equivalent and three (3) years of experience in building design or a related field, as determined by the commission;

(b) Satisfactorily complete an accredited training program for lead-based paint project designers and lead-based paint supervisor; and

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-8-5 — MS Code / Title 49 / Chapter 7 / 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. § 49-31-11 — MS Code / Title 49 / Chapter 8 / Section 31-11
Miss. Code Ann. § 49-31-11
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(iii) To establish and implement waste exchange programs;

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

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

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

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

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

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

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

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

(3) The Commission on Environmental Quality shall coordinate recycling activities among municipalities and local governing authorities and promote pollution prevention, recycling, reuse of wastes, in lieu of treatment and disposal of such wastes.
Miss. Code Ann. § 49-15-22 — MS Code / Title 49 / Chapter 4 / Section 15-22
Miss. Code Ann. § 49-15-22
Status: in_force

Each person employed as a marine patrol officer by the Mississippi Department of Marine Resources who retires for superannuation or for reason of disability under the Public Employees' Retirement System may, upon his request, be allowed to retain, as his personal property, one (1) side arm which was issued to him during his service, if funds are available for this purpose.
Miss. Code Ann. § 49-39-5 — MS Code / Title 49 / Chapter 3 / Section 39-5
Miss. Code Ann. § 49-39-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) The Department of Finance and Administration shall provide the office space, staff and other support necessary for the board to perform its duties.
Miss. Code Ann. § 49-19-351 — MS Code / Title 49 / Chapter 18 / 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. § 49-33-9 — MS Code / Title 49 / Chapter 25 / 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. § 49-9-11 — MS Code / Title 49 / Chapter 8 / Section 9-11
Miss. Code Ann. § 49-9-11
Status: in_force

The executive director shall keep a record of all applications and licenses issued by him and on the first day of each month shall deposit all monies collected under this chapter into the Game and Fish Protection fund. All monies thus collected and deposited shall be used to administer the mussel program by the department and the executive director for the enforcement of this chapter, and the game and fish laws of this state, for propagation and for biological investigation, and such other investigations as may be necessary.
Miss. Code Ann. § 49-17-717 — MS Code / Title 49 / Chapter 3 / Section 17-717
Miss. Code Ann. § 49-17-717
Status: in_force

(1) If the authority is created, all powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of creation of the authority, the Board of Supervisors of George County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment.

(2) All business of the George County Utility Authority shall be transacted as provided in Section 49-17-741 , except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-7-53 — MS Code / Title 49 / Chapter 3 / Section 7-53
Miss. Code Ann. § 49-7-53
Status: in_force

(1) It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.

(2) No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following in accordance with rules and regulations promulgated by the commission:

(a) Rabbits;

(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and thirty (30) days thereafter;

(c) Skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;

(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9 ;

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

(f) The meat, hide or any other body parts of nuisance animals.

(3) The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.

(4) A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41 .

Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths.

(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-13-15 — MS Code / Title 49 / Chapter 9 / Section 13-15
Miss. Code Ann. § 49-13-15
Status: in_force

If a package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boardinghouse, or elsewhere, the carcasses must remain in the packages or wrappers used by the licensed quail producer until the quail are being prepared for consumption.
Miss. Code Ann. § 49-9-1 — MS Code / Title 49 / Chapter 3 / Section 9-1
Miss. Code Ann. § 49-9-1
Status: in_force

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

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

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

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

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

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

(f) “Mussel Abatement Program” means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.
Miss. Code Ann. § 49-35-31 — MS Code / Title 49 / Chapter 18 / 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. § 49-17-717 — MS Code / Title 49 / Chapter 4 / Section 17-717
Miss. Code Ann. § 49-17-717
Status: in_force

(1) If the authority is created, all powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of creation of the authority, the Board of Supervisors of George County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment.

(2) All business of the George County Utility Authority shall be transacted as provided in Section 49-17-741 , except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-19-117 — MS Code / Title 49 / Chapter 3 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

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

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

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-15-1 — MS Code / Title 49 / Chapter 3 / Section 15-1
Miss. Code Ann. § 49-15-1
Status: in_force

As a guide to the interpretation and application of this chapter, the public policy of this state shall be to recognize the need for a concerted effort to work toward the protection, propagation and conservation of its seafood and aquatic life in connection with the revitalization of the seafood industry of the State of Mississippi, which is one of the state's major economic resources and affords a livelihood to thousands of its citizens; and in this connection, it is the intent of the Legislature to provide a modern, sound, comprehensive and workable law to be administered by specialists, who are vested with full and ample authority to take such action as may be necessary in order to help protect, conserve and revitalize seafood life in the State of Mississippi; it being at all times remembered that all of the wild aquatic life found in the waters of the State of Mississippi and on the bottoms of such waters, until taken therefrom in the manner hereinafter prescribed, is recognized as the property of the State of Mississippi because of its very nature, as well as because of the great value of the state of the aquatic life for food and other necessary purposes.
Miss. Code Ann. § 49-25-7 — MS Code / Title 49 / Chapter 7 / Section 25-7
Miss. Code Ann. § 49-25-7
Status: in_force

No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight.

(b) Those located within areas which are zoned for industrial use under authority of law.

(c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the State Highway Commission.

(d) Those which are not visible from the main-traveled way of the system.
Miss. Code Ann. § 49-17-601 — MS Code / Title 49 / Chapter 9 / 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. § 49-9-10 — MS Code / Title 49 / Chapter 5 / 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. § 49-17-63 — MS Code / Title 49 / Chapter 4 / Section 17-63
Miss. Code Ann. § 49-17-63
Status: in_force

Loans in aid of construction in amounts of Five Hundred Thousand Dollars ($500,000.00) or less made from state funds shall be made to the political subdivision eligible to receive such loan immediately upon approval of the award by the appropriate federal agency or agencies of a contract, or contracts, for construction.

The remainder of any such loan in aid of construction from state funds shall be made in installments in accord with rules and regulations adopted by the bureau of pollution control of the department of natural resources as authorized by subsection (h) of Section 49-17-17, Mississippi Code of 1972 .

All such loans in aid of construction shall be made subject to the availability of funds.
Miss. Code Ann. § 49-17-22 — MS Code / Title 49 / Chapter 9 / Section 17-22
Miss. Code Ann. § 49-17-22
Status: in_force

The Commission on Marine Resources is hereby authorized to cooperate with the Commission on Environmental Quality for the enforcement of the provisions of Sections 49-17-1 through 49-17-43 in and on the salt waters of the State of Mississippi.
Miss. Code Ann. § 49-35-21 — MS Code / Title 49 / Chapter 6 / Section 35-21
Miss. Code Ann. § 49-35-21
Status: in_force

In accordance with Section 49-2-9 , the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusion of brownfield property in a brownfield agreement site, including brownfield property under an existing commission agreement or order; requirements for submission of additional information as part of the application or processing of the application and additional requirements for public notice.
Miss. Code Ann. § 49-5-117 — MS Code / Title 49 / Chapter 3 / Section 5-117
Miss. Code Ann. § 49-5-117
Status: in_force

(a) None of the provisions of Sections 49-5-101 through 49-5-119 shall be construed to apply retroactively or to prohibit importation into the state of wildlife which may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this state but not in the state where originally taken if the person engaging therein demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this subsection shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of wildlife on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with subsection (d) of Section 49-5-109 , except as permitted in the proviso by subsection (c) of Section 49-5-109 and subsection (d) of Section 49-5-111 .

(b) If any provision of Sections 49-5-101 through 49-5-119 or the application thereof to any person or circumstance is held invalid, the remainder of such sections, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Miss. Code Ann. § 49-28-43 — MS Code / Title 49 / Chapter 15 / Section 28-43
Miss. Code Ann. § 49-28-43
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county in which the district is located a sworn statement showing the financial condition of the district, including the revenues and expenses of the district for the fiscal year just ended. The statement shall also be furnished to the board of supervisors of the county in which the district lies.
Miss. Code Ann. § 49-33-5 — MS Code / Title 49 / Chapter 28 / Section 33-5
Miss. Code Ann. § 49-33-5
Status: in_force

It is declared the policy of the State of Mississippi to conserve, protect and encourage the continued use, development and improvement of forest and agricultural land within the state for the production of agricultural products and timber, wood and forest products including nongame species. The vital and significant contributions of forestry and agricultural activities to the economy of the State of Mississippi and the use of land in the state as forest and agricultural lands are essential factors in providing for the favorable quality of life in the State of Mississippi.
Miss. Code Ann. § 49-26-3 — MS Code / Title 49 / Chapter 7 / Section 26-3
Miss. Code Ann. § 49-26-3
Status: in_force

The Legislature finds that channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to provide for proper channel maintenance. The Legislature further declares that channel maintenance projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.
Miss. Code Ann. § 49-17-518 — MS Code / Title 49 / Chapter 7 / Section 17-518
Miss. Code Ann. § 49-17-518
Status: in_force

(1) After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint dust sampling technician certificate to work as a dust sampling technician on a lead-based paint renovation.

(2) To qualify for a lead-based paint dust sampling technician certificate, an applicant shall:

(a) Have a high school diploma or its equivalent;

(b) Satisfactorily complete an accredited training program for lead-based paint dust sampling technicians; or

(c) Have successfully completed an accredited lead-based paint inspector or risk assessor course and have completed an accredited refresher dust sampling technician course; and

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-723 — MS Code / Title 49 / Chapter 10 / Section 17-723
Miss. Code Ann. § 49-17-723
Status: in_force

There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Stone County Utility Authority.” The authority is composed of the geographic area of Stone County as defined in Section 19-1-131, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of Stone County. The Stone County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the Stone County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-5-85 — MS Code / Title 49 / Chapter 4 / Section 5-85
Miss. Code Ann. § 49-5-85
Status: repealed

The provisions of Sections 49-5-61 to 49-5-85 are cumulative, and no existing provision of law is hereby repealed.
Miss. Code Ann. § 49-17-44.1 — MS Code / Title 49 / Chapter 1 / Section 17-44.1
Miss. Code Ann. § 49-17-44.1
Status: in_force

If the commission determines that any privately owned sewer system that is certificated by the Public Service Commission and within its jurisdiction has been actually or effectively abandoned by its owner, or that its management is grossly inefficient or irresponsible, and the abandonment or management has created an environmental problem that endangers public health, the commission may petition the chancery court of any county wherein the privately-owned sewer system is located for an order attaching the assets of the privately-owned sewer system and placing such sewer system under the sole control and responsibility of a receiver. Any person served by the sewer system shall have standing to intervene in the chancery proceeding as an interested party. If the court determines that the petition is proper in all respects and finds, after a hearing thereon, the allegations contained in the petition are true, it shall order that the sewer system be placed in receivership. The court, in its discretion and in consideration of the recommendation of the commission, may appoint a receiver who shall be a responsible individual, partnership, corporation or political subdivision knowledgeable in sewer service affairs and who shall maintain control and responsibility for the operation and management of the affairs of such sewer system. The receiver shall operate the sewer system so as to preserve the assets of the sewer system and to serve the best interests of its customers while protecting public health and welfare and the environment. The receiver shall be compensated from the assets of the sewer system in an amount to be determined by the court. Control of and responsibility for the sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers and the public interest that the sewer system be returned to the owner, transferred to another owner, or assumed by another sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of the sewer system in the manner provided by law. Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section. Any new owner or operator of a sewer system transferred or liquidated by the receiver or the chancery court under this subsection shall obtain all necessary permits and approvals from the Permit Board, the Public Service Commission and any other applicable state or local agencies.
Miss. Code Ann. § 49-17-729 — MS Code / Title 49 / Chapter 8 / Section 17-729
Miss. Code Ann. § 49-17-729
Status: in_force

(1) All powers of the Harrison County Utility Authority shall be exercised by a consolidated board consisting of the Board of Directors of the Harrison County Wastewater and Solid Waste Management District and the additional director provided under this section for a total of seven (7) directors. Upon consolidation, the Board of Supervisors of Harrison County shall appoint one (1) additional director who shall be a resident of the unincorporated area from the county. The director shall serve at the will and pleasure of the board of supervisors. The consolidated board shall consist of the mayor of each city participating in the authority and the directors appointed by the board of supervisors. Each director may appoint a delegate to represent him at a meeting of the board.

(2) All business of the Harrison County Utility Authority shall be transacted as provided in Section 49-17-741 , except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public, including the power and right to regulate and control solid waste within its jurisdictional boundaries.
Miss. Code Ann. § 49-10-3 — MS Code / Title 49 / Chapter 6 / Section 10-3
Miss. Code Ann. § 49-10-3
Status: in_force

It is unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this article, to exercise that right or privilege within this state or to purchase or possess such a license which grants such right or privilege. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this state in violation of such suspension or revocation pursuant to this compact shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00) or imprisonment for a period not exceeding twelve (12) months or both.
Miss. Code Ann. § 49-23-1 — MS Code / Title 49 / Chapter 13 / Section 23-1
Miss. Code Ann. § 49-23-1
Status: in_force

The Legislature hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to state controlled routes should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. Any advertising device subject to Sections 49-23-1 through 49-23-29 , and found to be in violation thereof, is subject to removal under the state's police power where not contrary to provisions provided herein. It is the intention of the Legislature in such sections to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by Congress in areas adjacent to state controlled routes.
Miss. Code Ann. § 49-17-33 — MS Code / Title 49 / Chapter 5 / Section 17-33
Miss. Code Ann. § 49-17-33
Status: in_force

The hearings herein provided may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may be the executive director, who shall have the power and authority to conduct such hearings in the name of the commission at any time and place as conditions and circumstances may warrant. The hearing officer shall have the record prepared of any hearing which he has conducted for the commission. Such record shall be submitted to the commission along with that hearing officer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer's findings of fact and recommended decision, the commission shall thereupon render its final decision in the matter. Any person ordered to appear for an alleged violation shall have the right to request a hearing before a majority of the commission if he prefers and such a hearing may then be set for the next regular meeting of the full commission, or specially. A verbatim record of the proceedings of such hearings shall be taken and filed with the commission, together with findings of fact and conclusions of law made by the commission. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the circuit court shall have jurisdiction, upon application of the commission or its representative, to issue an order requiring such person to appear and testify or produce evidence as the case may require and any failure to obey such order of the court may be punished by such court as contempt thereof. Failure to appear at any such hearing, without prior authorization to do so from the commission or its designee, may result in the commission finding the alleged violator guilty of the charges complained of by default, and at such time an order may be entered, including the assessment of a penalty, which, in the opinion of the commission, will best further the purposes of Section 17-17-1 et seq. , and Section 49-17-1 et seq.
Miss. Code Ann. § 49-27-45 — MS Code / Title 49 / Chapter 17 / Section 27-45
Miss. Code Ann. § 49-27-45
Status: in_force

If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take such evidence as it may direct and report the same to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-28-15 — MS Code / Title 49 / Chapter 10 / 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. § 49-23-9 — MS Code / Title 49 / Chapter 10 / 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. § 49-17-411 — MS Code / Title 49 / Chapter 6 / Section 17-411
Miss. Code Ann. § 49-17-411
Status: in_force

No person shall own, install or operate an underground storage tank without complying with the applicable regulations of the commission.
Miss. Code Ann. § 49-23-3 — MS Code / Title 49 / Chapter 13 / 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. § 49-27-37 — MS Code / Title 49 / Chapter 18 / Section 27-37
Miss. Code Ann. § 49-27-37
Status: in_force

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

(2) An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
Miss. Code Ann. § 49-15-23 — MS Code / Title 49 / Chapter 8 / Section 15-23
Miss. Code Ann. § 49-15-23
Status: in_force

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

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

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

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

(2) Whenever any dividing line is established or changed as above provided, notice shall be given to the public by publication for three (3) weeks in a newspaper published and having general circulation in the county or counties affected thereby, and a description of the dividing line shall be filed in the office of the chancery clerk of such counties or county.
Miss. Code Ann. § 49-17-123 — MS Code / Title 49 / Chapter 15 / 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. § 49-27-39 — MS Code / Title 49 / Chapter 11 / Section 27-39
Miss. Code Ann. § 49-27-39
Status: in_force

(a) An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21 , within thirty (30) days after the mailing to the parties of the order of issuance, denial, suspension or revocation of any such permit, to the chancery court of any county having jurisdiction over the property which may be affected by any such proposed activity to be authorized by such permit.

(b) If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council's order.
Miss. Code Ann. § 49-27-45 — MS Code / Title 49 / Chapter 15 / Section 27-45
Miss. Code Ann. § 49-27-45
Status: in_force

If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take such evidence as it may direct and report the same to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-35-19 — MS Code / Title 49 / Chapter 17 / Section 35-19
Miss. Code Ann. § 49-35-19
Status: in_force

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

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

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

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

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

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

(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Miss. Code Ann. § 49-15-79 — MS Code / Title 49 / Chapter 2 / Section 15-79
Miss. Code Ann. § 49-15-79
Status: in_force

(1) It is unlawful for any person, firm or corporation to use or attempt to use a purse seine for the taking of fish or to have such seine in the water within one (1) mile of the shoreline of the County of Hancock or Harrison in the State of Mississippi. The Boards of Supervisors of Hancock, Harrison and Jackson Counties shall have the authority to submit proposed regulations to the commission to regulate within their respective counties the use of and trammel nets. The commission may consider all such proposals submitted by the boards of supervisors in formulating regulations to be promulgated under this section.

(2) A person, firm or corporation convicted of a violation of this section or regulations promulgated under this section shall be punished by the penalties provided in Section 49-15-100(2), Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-1 — MS Code / Title 49 / Chapter 11 / Section 19-1
Miss. Code Ann. § 49-19-1
Status: in_force

(1) There shall be a State Forestry Commission composed of ten (10) members, who shall be qualified electors of the state. The Dean of the School of Forest Resources at Mississippi State University shall be an ex officio member of the commission, with full voting authority. The Governor shall appoint eight (8) members, with the advice and consent of the Senate, for a term of six (6) years. The Governor shall appoint one (1) member from each congressional district as constituted at the time the appointments are made and shall appoint the remainder of the members from the state at large. A member from a congressional district must be a certified tree farmer who owns eighty (80) or more acres of forest land or a person who derives a major portion of his or her personal income from forest-related business, industry or other related activities. Members of the commission from the state at large may or may not possess the same qualifications as members appointed from the congressional districts.

(2) The members of the commission shall receive no annual salary but each member of the commission shall receive a per diem plus expenses and mileage as authorized by law for each day devoted to the discharge of official duties. No member of the commission shall receive total per diem in excess of twenty-four (24) days' compensation per annum.

(3) If a vacancy occurs in the office of an appointed member of the commission, the vacancy shall be filled by appointment for the balance of the unexpired term.

(4) The commission shall elect from its membership a chair, who shall preside over meetings, and a vice chair, who shall preside in the absence of the chair or when the chair is excused.

(5) The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and shall enter into a bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office.

(6) Any appointment made to the commission contrary to this section shall be void, and it is unlawful for the State Fiscal Officer to pay any per diem or authorize the expenses of the appointee.
Miss. Code Ann. § 49-19-203 — MS Code / Title 49 / Chapter 13 / Section 19-203
Miss. Code Ann. § 49-19-203
Status: in_force

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

The legislature declares the development of forest resources on suitable lands to be a public policy of the State of Mississippi. The legislature is mindful, in stating this policy, that continuous timber growth of commercially valuable species for needed forest products is in the public interest, and that such growth can be attained, to a considerable degree, by making financial assistance available to private non-industrial landowners for developing forest resources on desirable and suitable sites.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 10 / 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. § 49-7-20 — MS Code / Title 49 / Chapter 5 / Section 7-20
Miss. Code Ann. § 49-7-20
Status: in_force

(1) It is unlawful for any person born on or after January 1, 1972, to procure any Mississippi hunting license, except a resident apprentice hunting license and a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

(2) It is unlawful for any person to issue any Mississippi hunting license, except a resident apprentice hunting license and resident combination small game hunting and fishing license, to any person born on or after January 1, 1972, unless the purchaser has provided valid certification of satisfactory completion of a hunter education course approved by the department.

(3) It is unlawful for any person to fraudulently obtain a hunter education certification.

(4) The department may revoke any hunting license or hunter education certification upon determination that the holder was not entitled to issuance or obtained the license or certification by any fraudulent means.

(5) It is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

(6) The hunter education course required for purposes of licensure shall be deemed to be satisfied by any student who enrolls in and successfully completes a school-based hunter safety course provided in accordance with Section 49-7-20.2 .
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 7 / Section 37-3
Miss. Code Ann. § 49-37-3
Status: in_force

(1) The Legislature finds that:

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

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

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

(2) The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Miss. Code Ann. § 49-15-309 — MS Code / Title 49 / Chapter 1 / Section 15-309
Miss. Code Ann. § 49-15-309
Status: in_force

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

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

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

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

(5) The department is hereby directed to present all state record holders with a certification of achievement in marine recreational fishing.
Miss. Code Ann. § 49-15-94 — MS Code / Title 49 / Chapter 4 / Section 15-94
Miss. Code Ann. § 49-15-94
Status: in_force

It is unlawful for any person to use a purse seine to catch mullet during the roe mullet season. A violation of this subsection is punishable by the penalties provided in Section 49-15-100(2) for the unlawful use of gill or trammel nets.
Miss. Code Ann. § 49-19-25 — MS Code / Title 49 / Chapter 18 / 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. § 49-27-19 — MS Code / Title 49 / Chapter 23 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-7-165 — MS Code / Title 49 / Chapter 3 / 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).
Miss. Code Ann. § 49-17-511 — MS Code / Title 49 / Chapter 6 / Section 17-511
Miss. Code Ann. § 49-17-511
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint risk assessor certificate to conduct a risk assessment or lead hazard screen as part of any lead-based paint activity.

(2) To qualify for a lead-based paint risk assessor certificate, an applicant shall:

(a)(i) Be a registered professional engineer or a licensed architect; or

(ii) Have a bachelor's degree in a profession related to engineering, health or environmental science and one (1) year of experience in a related field, as determined by the commission; or

(iii) Have an associate's degree and two (2) years of experience in a related field, as determined by the commission; or

(iv) Have a high school diploma or equivalent and three (3) years of experience in a related field, as determined by the commission;

(b) Satisfactorily complete an accredited training program for lead-based paint risk assessors and lead-based paint inspectors; and

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-7-203 — MS Code / Title 49 / Chapter 5 / Section 7-203
Miss. Code Ann. § 49-7-203
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(5) The board shall have the authority to develop any programs and implement any regulations and policies. The board may develop what it deems necessary to address beaver and wild hog control within the state.
Miss. Code Ann. § 49-21-3 — MS Code / Title 49 / Chapter 8 / Section 21-3
Miss. Code Ann. § 49-21-3
Status: in_force

This chapter shall not be construed to authorize the impairment of any constitutional right guaranteed to any person under the constitution of this state nor shall it be construed to authorize the legislature or any other authority to assume any power not possessed by it under the constitution of this state.
Miss. Code Ann. § 49-27-13 — MS Code / Title 49 / Chapter 13 / Section 27-13
Miss. Code Ann. § 49-27-13
Status: in_force

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

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

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

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

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

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

(6) The Director of the Gulf Regional Planning Commission.
Miss. Code Ann. § 49-17-759 — MS Code / Title 49 / Chapter 1 / Section 17-759
Miss. Code Ann. § 49-17-759
Status: in_force

All bonds (other than refunding bonds, interim notes and certificates of indebtedness, which may be validated) issued pursuant to this act shall be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972; however, notice of such validation proceedings shall be addressed to the citizens of the respective public agencies (a) which have contracted with the county authority pursuant to this act, and (b) whose contracts and the payments to be made by the public agencies thereunder constitute security for the bonds of such county authority proposed to be issued, and that such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the contracting public agencies to whose citizens the notice is addressed. Such validation proceedings shall be instituted in any chancery courts within the boundaries of the county authority. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the county authority and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payments to be made thereunder shall never be called in question in any court in this state.
Miss. Code Ann. § 49-17-509 — MS Code / Title 49 / Chapter 11 / Section 17-509
Miss. Code Ann. § 49-17-509
Status: in_force

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

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

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

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

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

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

(7) Sections 49-17-501 through 49-17-531 do not apply to a person who is performing lead-based paint activities or abatement of lead-based paint hazards or renovation in a residential dwelling owned by that person, unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level.
Miss. Code Ann. § 49-27-41 — MS Code / Title 49 / Chapter 15 / Section 27-41
Miss. Code Ann. § 49-27-41
Status: in_force

Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39 . Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.
Miss. Code Ann. § 49-15-317 — MS Code / Title 49 / Chapter 3 / Section 15-317
Miss. Code Ann. § 49-15-317
Status: in_force

Any charter or recreational fishing boat in the Gulf of Mexico over twenty-four (24) hours before returning to land may fillet any fish caught by its charter or recreational fishermen. The commission shall not adopt any rule or ordinance prohibiting or unduly restricting the filleting of fish by such charter or recreational fishing boats.
Miss. Code Ann. § 49-17-14 — MS Code / Title 49 / Chapter 1 / Section 17-14
Miss. Code Ann. § 49-17-14
Status: in_force

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

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

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

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

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

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

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

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

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

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

(e) Emissions and ambient monitoring;

(f) Modeling, analyses, or demonstrations;

(g) Preparing inventories and tracking emissions;

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

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

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

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

(9) No such fees shall be utilized by the Department of Environmental Quality or any other person for any purpose or purposes other than those purposes required by Sections 49-17-1 through 49-17-45 , as they relate to the Title V program.
Miss. Code Ann. § 49-17-73 — MS Code / Title 49 / Chapter 8 / Section 17-73
Miss. Code Ann. § 49-17-73
Status: in_force

When the governor shall have executed the compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when such compact shall have been ratified by one or more of the states named in Section 49-17-71 , then 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. § 49-17-44 — MS Code / Title 49 / Chapter 10 / 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. § 49-28-45 — MS Code / Title 49 / Chapter 11 / Section 28-45
Miss. Code Ann. § 49-28-45
Status: in_force

Any bonds issued under the provisions of this chapter may be submitted for validation under the provisions of Chapter 13, Title 31, Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-516 — MS Code / Title 49 / Chapter 13 / Section 17-516
Miss. Code Ann. § 49-17-516
Status: in_force

(1) After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint renovator certificate to direct a lead-based paint renovation activity and/or conduct testing to determine the presence of lead-based paint on components affected by renovation activities.

(2) To qualify for a lead-based paint renovator certificate, an applicant shall:

(a) Have a high school diploma or its equivalent and one (1) year of experience as a lead-based paint abatement or renovation worker or two (2) years of experience in a related field, as determined by the commission or in the building trades;

(b) Satisfactorily complete an accredited training program for lead-based paint renovators; or

(c) Have successfully completed an accredited abatement worker or supervisor course, or have successfully completed an EPA, HUD or EPA/HUD model renovation training course and have taken an accredited refresher renovator training course; and

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-27-43 — MS Code / Title 49 / Chapter 25 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-17-121 — MS Code / Title 49 / Chapter 4 / Section 17-121
Miss. Code Ann. § 49-17-121
Status: in_force

No bonds shall be issued pursuant to the provisions of Sections 49-17-101 through 49-17-123 until the proposal of the governing board to issue the bonds shall receive the approval of the board. Whenever the governing board shall propose to issue bonds pursuant to the provisions of said sections, it shall file its petition to the board setting forth: (a) a brief description of the pollution control facilities proposed to be undertaken; (b) a statement setting forth the action taken by the pollution control authority in connection with the pollution control facilities; (c) a reasonable estimate of the cost of the pollution control facilities; (d) a general summary of the terms and conditions of the lease/sale; and (e) financial statements on lessee company. Upon the filing of the petition the board shall, as soon as practicable, make such investigation as it deems advisable, and if it finds that the proposed pollution control facilities are intended to promote the purposes of Sections 49-17-101 through 49-17-123 and may be reasonably anticipated to effect such result, it shall be authorized to approve the pollution control facilities, and at any time not exceeding six (6) years following such approval, the governing board may proceed with the issuance of bonds for the pollution control facilities. Notice of the approval by the board shall be published at least once by the governing board in a newspaper having general circulation in the county where the pollution control facilities are to be located. The governing board shall thereupon adopt and publish as required by law a resolution declaring its intention to issue said bonds.

Any qualified elector may challenge the validity of such approval by intervention in the bond validation proceedings.

Authority hereby vested in any governing board to issue, and the board to approve, revenue bonds pursuant to and in accordance with Sections 49-17-101 to 49-17-123 is supplemental to, and may be exercised irrespective of Sections 27-39-15 , 57-1-1 through 57-1-51 , 57-1-71 to 57-1-83 , 57-1-101 to 57-1-107 , and 57-3-1 to 57-3-33, Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-109 — MS Code / Title 49 / Chapter 2 / Section 17-109
Miss. Code Ann. § 49-17-109
Status: in_force

Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections 49-17-101 through 49-17-123 shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such finding on its minutes, that because of availability or particular nature of such facilities, it would not be in the public interest or would less effectively achieve the purposes of Sections 49-17-101 through 49-17-123 to enter into such contracts upon the basis of public bidding pursuant to advertisement, (b) the industry concurs in such finding, and (c) such finding is approved by the board, public bidding pursuant to advertisement may be dispensed with and such contracts may be entered into based upon negotiation; and provided further, the industry at its option, may negotiate such contracts in the name of the municipality.
Miss. Code Ann. § 49-17-101 — MS Code / Title 49 / Chapter 15 / Section 17-101
Miss. Code Ann. § 49-17-101
Status: in_force

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

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

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

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

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

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

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

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

(8) “Board” shall mean the Mississippi Agricultural and Industrial Board.
Miss. Code Ann. § 49-25-3 — MS Code / Title 49 / Chapter 17 / Section 25-3
Miss. Code Ann. § 49-25-3
Status: in_force

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary highway systems within this state. The legislature hereby finds and declares that junkyards which do not conform to the requirements of this chapter are public nuisances.
Miss. Code Ann. § 49-23-1 — MS Code / Title 49 / Chapter 8 / Section 23-1
Miss. Code Ann. § 49-23-1
Status: in_force

The Legislature hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to state controlled routes should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. Any advertising device subject to Sections 49-23-1 through 49-23-29 , and found to be in violation thereof, is subject to removal under the state's police power where not contrary to provisions provided herein. It is the intention of the Legislature in such sections to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by Congress in areas adjacent to state controlled routes.
Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 3 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-17-39 — MS Code / Title 49 / Chapter 2 / Section 17-39
Miss. Code Ann. § 49-17-39
Status: in_force

Information obtained by the commission concerning environmental protection including but not limited to information contained in applications for air emission equipment construction permits and water discharge permits shall be public information and shall be made available upon proper request. Other information obtained by the commission, department or permit board in the administration of Sections 49-17-1 through 49-17-43 concerning trade secrets, including, but not limited to, marketing or financial information, processes, devices, methods of manufacture, or production capabilities or amounts shall be kept confidential, if and only if: (a) a written confidentiality claim is made when the information is supplied; (b) such confidentiality claim allows disclosure of the confidential information to authorized department employees and/or the United States Environmental Protection Agency (EPA); and (c) such confidentiality claim is determined by the commission to be valid. If the confidentiality claim is denied, the information sought to be covered thereby shall not be released or disclosed, except to the Environmental Protection Agency, until the claimant has been notified in writing and afforded an opportunity for a hearing and appeal therefrom, as with other orders of the commission. Disclosure of confidential information by the EPA should be governed by federal law and EPA regulations. Anyone making unauthorized disclosure of information determined to be confidential as herein provided shall be liable in a civil action for damages arising therefrom and shall also be guilty of a misdemeanor punishable as provided by law.
Miss. Code Ann. § 49-27-47 — MS Code / Title 49 / Chapter 3 / Section 27-47
Miss. Code Ann. § 49-27-47
Status: in_force

Such appeal shall have precedence in the order of trial, and the chancellor may order the granting, denial, revocation, suspension or limitation of any permit or may remand to the council for such order.
Miss. Code Ann. § 49-17-733 — MS Code / Title 49 / Chapter 8 / Section 17-733
Miss. Code Ann. § 49-17-733
Status: in_force

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

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

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

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

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

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

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

(4) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-15-18 — MS Code / Title 49 / Chapter 8 / Section 15-18
Miss. Code Ann. § 49-15-18
Status: in_force

The executive director of the department shall publish an abstract copy of this chapter and all subsequent amendments to this chapter and all rules and regulations promulgated by the department under this chapter. The department may distribute the publication to all persons requesting a copy and to each licensee at the time of issuance of the license. New regulations and amendments to this chapter may be supplied to each licensee within a reasonable time after their promulgation or passage. The department may charge a reasonable fee not to exceed actual cost for its publications.
Miss. Code Ann. § 49-31-21 — MS Code / Title 49 / Chapter 9 / 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. § 49-37-7 — MS Code / Title 49 / Chapter 21 / Section 37-7
Miss. Code Ann. § 49-37-7
Status: in_force

(1) There is created the Mississippi Statewide Scientific Information Management System Coordinating Council, hereinafter referred to as “coordinating council,” for the purpose of developing a strategic plan for a statewide scientific information management system and serving as a coordinating entity for all aspects of scientific information management.

(2)(a) The council shall consist of the following voting members: the Executive Director of the Department of Environmental Quality; the Executive Director of the Department of Economic and Community Development; the Executive Director of the Department of Wildlife, Fisheries and Parks; the Executive Director of the Department of Marine Resources; the State Health Officer; the State Forester; the Executive Director of the Department of Transportation; the Chairman of the Mississippi Water Resources Advisory Council; the Vice-President for Research and Sponsored Programs at each university on the Mississippi Research Consortium; the Vice-President for Agriculture, Forestry and Veterinary Medicine at Mississippi State University; the State Director of Technology Transfer; the Center Director of the National Aeronautics and Space Administration, Stennis Space Center; the District Chief, Mississippi District, United States Geological Survey; the Executive Director of the Mississippi Automated Resource Information System; the Executive Director of the Department of Information Technology Services; the President of the Institute of Technology Development; and two (2) representatives of the private sector user community appointed by the Governor.

Members of the coordinating council not appointed by the Governor shall serve a term concurrent with their term of office in their respective position. Nonappointed members may designate an alternate to serve in their stead and the alternate shall have the authority to act for the designating member.

Members of the council appointed by the Governor shall serve four-year terms.

(b) In addition to the members of the coordinating council specified in paragraph (a) of this subsection, the coordinating council may invite, as participating members, representatives of any other state and federal organizations, or individuals possessing appropriate expertise or who have a viable interest in the development and implementation of the statewide scientific information management system.

(c) The Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and one (1) member of that committee appointed by the chairman may attend meetings of the coordinating council. The Speaker of the House of Representatives may designate the Chairman of the House Conservation and Water Resources Committee and one (1) member of that committee to attend any meeting of the coordinating council. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the coordinating council. The legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the coordinating council. For attending meetings of the coordinating council, the legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the coordinating council will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the coordinating council without prior approval of the proper committee in their respective houses.

(d) Original appointments to the coordinating council shall be made no later than October 1, 1999. The Governor shall require adequate disclosure of potential conflicts of interest by appointed members of the coordinating council. Vacancies on the coordinating council shall be filled by appointment in the same manner as the original appointments.

(e) The coordinating council shall elect from its membership a chairperson to preside over meetings and vice-chairperson to preside in the absence of the chairperson or when the chairperson shall be excused. The coordinating council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum to do business.

(f) Members of the coordinating council shall serve without compensation, except as otherwise provided in paragraph c of this subsection. At the direction of the chairman of the coordinating council and contingent upon the availability of sufficient funds, each member may receive reimbursement for reasonable expenses, including travel expenses in accordance with rates established pursuant to Section 25-3-41, Mississippi Code of 1972 , incurred in attending meetings of the coordinating council.

(3) The coordinating council shall convene before November 15, 1999.

(4) The coordinating council shall not employ any permanent staff, rent or occupy independent office space or otherwise establish a full-time office.

(5) In conducting its activities under this chapter, the coordinating council may elicit the support of and participation by any state or local governmental agency as may be necessary or appropriate. All state and local governmental agencies shall provide support or participation as requested.

(6) The coordinating council may exercise those duties and powers necessary to carry out the purposes of this chapter, including, but not limited to, the following functions:

(a) Conduct, or cause to be conducted any studies, analyses or evaluations related to the development and implementation of a scientific information management system;

(b) Apply and contract for and accept any grants, public or private funds, gifts or proceeds in furtherance of the activities of the coordinating council;

(c) Authorize the Executive Director of the Department of Environmental Quality to enter into all contracts or execute all instruments, on behalf of the coordinating council, and do all acts necessary, desirable or convenient to carry out any power expressly granted to the council in this chapter; and

(d) Expend or distribute any funds or assets in its custody or under its control appropriate in carrying out the purposes of this chapter.
Miss. Code Ann. § 49-15-403 — MS Code / Title 49 / Chapter 10 / 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. § 49-25-7 — MS Code / Title 49 / Chapter 25 / Section 25-7
Miss. Code Ann. § 49-25-7
Status: in_force

No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight.

(b) Those located within areas which are zoned for industrial use under authority of law.

(c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the State Highway Commission.

(d) Those which are not visible from the main-traveled way of the system.
Miss. Code Ann. § 49-17-427 — MS Code / Title 49 / Chapter 8 / Section 17-427
Miss. Code Ann. § 49-17-427
Status: in_force

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

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

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

(a) The willfulness of the violation;

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

(c) Costs of restoration or abatement;

(d) Economic benefit as a result of noncompliance;

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

(f) Past performance history; and

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

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

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

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

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

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

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

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

(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-28-25 — MS Code / Title 49 / Chapter 19 / 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. § 49-28-3 — MS Code / Title 49 / Chapter 18 / 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. § 49-15-5 — MS Code / Title 49 / Chapter 3 / Section 15-5
Miss. Code Ann. § 49-15-5
Status: in_force

All seafoods existing or living in waters within the territorial jurisdiction of the State of Mississippi not held in private ownership legally acquired, and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within such territorial jurisdiction, including all oysters and other shell fish and parts thereof grown thereon, either naturally or cultivated, shall be, continue, and remain the property of the State of Mississippi, to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form hereinafter authorized, and the same shall be under the exclusive control of the department until the right of private ownership shall vest therein as hereinafter provided.
Miss. Code Ann. § 49-7-305 — MS Code / Title 49 / Chapter 6 / Section 7-305
Miss. Code Ann. § 49-7-305
Status: in_force

(1) Hunting incident reports shall be exempt from disclosure or dissemination under the Mississippi Public Records Act of 1983 in accordance with the provisions of Section 45-29-1 .

(2) Upon written request of any person involved in the hunting incident, the representative of his estate, the surviving spouse or surviving next of kin, the commission may disclose to the requesting party or the requestor's legal counsel or insurance representative any information contained in the report.

(3) The commission shall charge a minimum reproduction fee of Ten Dollars ($10.00) plus any other costs associated with the request for the report.
Miss. Code Ann. § 49-13-23 — MS Code / Title 49 / Chapter 13 / 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. § 49-23-5 — MS Code / Title 49 / Chapter 13 / Section 23-5
Miss. Code Ann. § 49-23-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) The board of supervisors of the county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may prohibit any outdoor advertising sign that contains any message or depiction of a sexually explicit nature.
Miss. Code Ann. § 49-15-103 — MS Code / Title 49 / Chapter 2 / Section 15-103
Miss. Code Ann. § 49-15-103
Status: in_force

In pursuance of Article III of said compact there shall be three (3) members (hereinafter called commissioners) of the Gulf States Marine Commission (hereinafter called commission) from the State of Mississippi. The first commissioner from the State of Mississippi shall be president of the Mississippi Seafood Commission of the State of Mississippi ex-officio; and the term of any such ex-officio commissioner shall terminate at the time the said commissioner ceases to hold said office of president of the Mississippi Seafood Commission, and his successor as a member of this commission shall be his successor as president of the Mississippi Seafood Commission. The second commissioner from the State of Mississippi shall be a legislator; and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said legislative office, and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner, who shall have a knowledge of the marine fisheries problems. The term of said commissioner shall be for a period of three (3) years and, in addition, he shall serve until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term. The president of the Mississippi Seafood Commission, as ex-officio commissioner, may delegate from time to time, to any deputy or other member of the Mississippi Seafood Commission, the power to be present and participate, including voting as his representative, or substitute at any meeting of or hearing by or other proceeding of the commission.
Miss. Code Ann. § 49-7-20.1 — MS Code / Title 49 / Chapter 6 / Section 7-20.1
Miss. Code Ann. § 49-7-20.1
Status: in_force

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

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

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

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

(4) There is no penalty for a violation of this section, but to protect the safety of the child a conservation officer may require the child to end the hunt and may unload the firearm and may take the firearm and the child to an adult.
Miss. Code Ann. § 49-27-63 — MS Code / Title 49 / Chapter 13 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-15-19 — MS Code / Title 49 / Chapter 8 / Section 15-19
Miss. Code Ann. § 49-15-19
Status: in_force

The Attorney General shall be counsel and attorney for the commission and department and shall provide legal services as may be requested. The executive director is authorized to employ legal counsel, after consultation with the Attorney General, as may be necessary or appropriate for the operation of the department.
Miss. Code Ann. § 49-17-16 — MS Code / Title 49 / Chapter 13 / 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. § 49-15-100 — MS Code / Title 49 / Chapter 15 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

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

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

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-17-31 — MS Code / Title 49 / Chapter 4 / Section 17-31
Miss. Code Ann. § 49-17-31
Status: in_force

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

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

(c) Except as otherwise expressly provided, any notice, or other instrument issued by or under authority of the commission may be served on any person affected thereby personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the commission; or such service may be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at his last known post-office address as shown by the files or records of the commission, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the commission.
Miss. Code Ann. § 49-7-8 — MS Code / Title 49 / Chapter 5 / Section 7-8
Miss. Code Ann. § 49-7-8
Status: in_force

(1) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The commission shall have the following duties and powers:

(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

(b) To determine the total number of each type of nonresident license to be issued annually;

(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);

(d) To exercise all incidental powers necessary to develop a nonresident licensing program.

(3) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3) .
Miss. Code Ann. § 49-15-23 — MS Code / Title 49 / Chapter 7 / Section 15-23
Miss. Code Ann. § 49-15-23
Status: in_force

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

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

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

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

(2) Whenever any dividing line is established or changed as above provided, notice shall be given to the public by publication for three (3) weeks in a newspaper published and having general circulation in the county or counties affected thereby, and a description of the dividing line shall be filed in the office of the chancery clerk of such counties or county.
Miss. Code Ann. § 49-35-27 — MS Code / Title 49 / Chapter 27 / 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. § 49-17-721 — MS Code / Title 49 / Chapter 11 / Section 17-721
Miss. Code Ann. § 49-17-721
Status: in_force

(1) All powers of the Pearl River County Utility Authority shall be exercised by a board of directors comprised of seven (7) directors appointed as follows: Within thirty (30) days of April 18, 2006, the Board of Supervisors of Pearl River County shall appoint four (4) residents from the county, and the Board of Aldermen of the City of Picayune shall appoint two (2) residents from the city, and the Board of Aldermen of the City of Poplarville shall appoint one (1) resident from the city. The directors shall serve at the will and pleasure of the governing body making the appointments.

(2) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-28-9 — MS Code / Title 49 / Chapter 11 / Section 28-9
Miss. Code Ann. § 49-28-9
Status: in_force

If no petition requiring an election is filed or if three-fifths ( 3 / 5 ) of those voting in the election provided in Section 49-28-7 vote in favor of the creation of the district, the board of supervisors shall adopt a resolution creating the district as described in the resolution of intent.
Miss. Code Ann. § 49-15-29 — MS Code / Title 49 / Chapter 5 / 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. § 49-19-201 — MS Code / Title 49 / Chapter 18 / Section 19-201
Miss. Code Ann. § 49-19-201
Status: in_force

Sections 49-19-201 through 49-19-227 shall be cited as the “Forest Resource Development Law of 1974”.
Miss. Code Ann. § 49-15-31 — MS Code / Title 49 / Chapter 15 / Section 15-31
Miss. Code Ann. § 49-15-31
Status: in_force

(1) The department may construct, maintain and operate all patrol stations, camps and related facilities as may be deemed necessary by the department.

(2) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of the foreign states shall be required to pass.
Miss. Code Ann. § 49-35-13 — MS Code / Title 49 / Chapter 6 / Section 35-13
Miss. Code Ann. § 49-35-13
Status: in_force

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

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

(3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Miss. Code Ann. § 49-27-19 — MS Code / Title 49 / Chapter 3 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-17-73 — MS Code / Title 49 / Chapter 1 / Section 17-73
Miss. Code Ann. § 49-17-73
Status: in_force

When the governor shall have executed the compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when such compact shall have been ratified by one or more of the states named in Section 49-17-71 , then 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. § 49-33-9 — MS Code / Title 49 / Chapter 9 / 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. § 49-35-1 — MS Code / Title 49 / Chapter 13 / Section 35-1
Miss. Code Ann. § 49-35-1
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Act.”
Miss. Code Ann. § 49-23-29 — MS Code / Title 49 / Chapter 1 / Section 23-29
Miss. Code Ann. § 49-23-29
Status: in_force

Federal funds appropriated to carry out the provisions of Sections 49-23-1 through 49-23-29 are to be apportioned to the commissioners' districts in the same manner as said federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners' districts proportionately.
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 9 / 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. § 49-15-92 — MS Code / Title 49 / Chapter 1 / Section 15-92
Miss. Code Ann. § 49-15-92
Status: in_force

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

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

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

(4) This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
Miss. Code Ann. § 49-17-511 — MS Code / Title 49 / Chapter 5 / Section 17-511
Miss. Code Ann. § 49-17-511
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint risk assessor certificate to conduct a risk assessment or lead hazard screen as part of any lead-based paint activity.

(2) To qualify for a lead-based paint risk assessor certificate, an applicant shall:

(a)(i) Be a registered professional engineer or a licensed architect; or

(ii) Have a bachelor's degree in a profession related to engineering, health or environmental science and one (1) year of experience in a related field, as determined by the commission; or

(iii) Have an associate's degree and two (2) years of experience in a related field, as determined by the commission; or

(iv) Have a high school diploma or equivalent and three (3) years of experience in a related field, as determined by the commission;

(b) Satisfactorily complete an accredited training program for lead-based paint risk assessors and lead-based paint inspectors; and

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 9 / 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. § 49-7-3 — MS Code / Title 49 / Chapter 5 / Section 7-3
Miss. Code Ann. § 49-7-3
Status: in_force

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

(2) Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5 . The domicile of a person is that person's principal or primary home or place of abode. A “ principal or primary home or place of abode ” is that home or place in which a person's habitation is fixed and to which he, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile shall be on the person claiming such status. The following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: driver's license, valid and current tribal identification card issued by a federally recognized Indian tribe containing a photograph of the person submitting the identification card, residence for income or other tax purposes, homestead exemption receipt, or any other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile.

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

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

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

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

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

(6) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64 .
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 9 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-7-31.4 — MS Code / Title 49 / Chapter 7 / Section 7-31.4
Miss. Code Ann. § 49-7-31.4
Status: in_force

(1) The commission may fix the open season on fur-bearing animals between November 1 and March 15 next following and fix the open season for hunting opossums, raccoons and bobcats with dogs and guns by licensed hunters from October 1 to March 15 next following; but raccoons and bobcats may be run, hunted, chased or pursued throughout the year with dogs by licensed hunters.

(2) The commission may establish an additional open season on raccoon from July 1 through October 1, and the bag limit on raccoon during the additional open season shall be one (1) per party, per night.

(3) When the open season on fur-bearing animals, including any additional open season on raccoon, ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.
Miss. Code Ann. § 49-23-5 — MS Code / Title 49 / Chapter 4 / Section 23-5
Miss. Code Ann. § 49-23-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) The board of supervisors of the county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may prohibit any outdoor advertising sign that contains any message or depiction of a sexually explicit nature.
Miss. Code Ann. § 49-19-113 — MS Code / Title 49 / Chapter 19 / Section 19-113
Miss. Code Ann. § 49-19-113
Status: in_force

In order to carry out further the program herein authorized, the state forestry commission be and it is hereby authorized to organize, divide or set up forest districts and areas throughout the state, which districts and areas shall be so organized, divided or set up in accordance with the distribution of forest land and the location of political boundaries as to best serve the interest of the state as a whole. The commission shall appoint a district forester and assistant district forester for each district and shall appoint an area forester for each forest area, all of whom shall be charged with the duty of directing forestry education, timber management, forest fire control and other necessary forestry conservation activities and practices as the commission shall deem necessary.
Miss. Code Ann. § 49-7-22 — MS Code / Title 49 / Chapter 7 / Section 7-22
Miss. Code Ann. § 49-7-22
Status: in_force

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

(2) A person authorized to issue licenses by the department may collect and retain for issuing each license the fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-17-429 — MS Code / Title 49 / Chapter 17 / Section 17-429
Miss. Code Ann. § 49-17-429
Status: in_force

No person may install, alter or remove an underground storage tank after July 1, 1990, without first having been certified by the Commission on Natural Resources. The commission shall adopt rules and regulations setting forth the requirements for such certification which shall include but not be limited to a certification examination.
Miss. Code Ann. § 49-15-76 — MS Code / Title 49 / Chapter 13 / Section 15-76
Miss. Code Ann. § 49-15-76
Status: in_force

(1) It is unlawful for any person to sell, barter or trade or to offer for sale, barter or trade any game fish enumerated in this chapter.

(2) Cobia may be sold in this state if the cobia is purchased from a state in which it may lawfully be caught and sold. Any individual, partnership, corporation or other entity which sells cobia in this state shall maintain documentation showing the state of purchase and date of purchase of cobia for a period of sixty (60) days from the date of purchase of the cobia. The Department of Marine Resources or any other law enforcement agency with which the department has a cooperating agreement may require any seller of cobia to document the date and state of purchase.

(3) Any person who cultivates a game fish as permitted under the Mississippi Aquaculture Act of 1988 may sell the game fish in accordance with the marine aquaculture program.

(4) A person who violates this section shall be punished as provided in Section 49-15-63 .
Miss. Code Ann. § 49-7-137 — MS Code / Title 49 / Chapter 5 / 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. § 49-15-305 — MS Code / Title 49 / Chapter 8 / 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. § 49-7-151 — MS Code / Title 49 / Chapter 6 / Section 7-151
Miss. Code Ann. § 49-7-151
Status: in_force

Recognizing the inestimable importance to the state and its citizens of conserving the wildlife resources of Mississippi and recognizing the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the Legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund.
Miss. Code Ann. § 49-19-303 — MS Code / Title 49 / Chapter 19 / 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. § 49-1-65 — MS Code / Title 49 / Chapter 1 / Section 1-65
Miss. Code Ann. § 49-1-65
Status: in_force

Any assessments collected under subsection (3) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the “Hunter Education and Training Program Fund,” which shall be expended to defray the expenses of the program as authorized and appropriated by the Legislature. In addition, the Legislature shall annually appropriate from the General Fund a sum to defray the necessary expenses of the program.
Miss. Code Ann. § 49-37-1 — MS Code / Title 49 / Chapter 25 / 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. § 49-28-21 — MS Code / Title 49 / Chapter 5 / Section 28-21
Miss. Code Ann. § 49-28-21
Status: in_force

The board of supervisors may, upon petition by the board of commissioners of the district, exercise the power of eminent domain on behalf of the district wherever and whenever public necessity and convenience so requires.