Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 10 / Section 19-31
Miss. Code Ann. § 49-19-31
Status: in_force

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

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

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

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

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

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

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

(5) Upon presentation of its final report the committee shall be dissolved.
Miss. Code Ann. § 49-10-3 — MS Code / Title 49 / Chapter 3 / 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. § 49-19-147 — MS Code / Title 49 / Chapter 17 / Section 19-147
Miss. Code Ann. § 49-19-147
Status: in_force

The compact administrator, with the assistance of the advisory committee, shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein, and Sections 49-19-141 through 49-19-149 shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 1 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-35-21 — MS Code / Title 49 / Chapter 19 / 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. § 49-31-7 — MS Code / Title 49 / Chapter 27 / Section 31-7
Miss. Code Ann. § 49-31-7
Status: in_force

The purposes of this chapter are:

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

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

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

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

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

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

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

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

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

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

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

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

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

(n) To provide for the funding of the Mississippi Multimedia Pollution Prevention Program through the establishment of a pollution prevention fee.
Miss. Code Ann. § 49-15-18 — MS Code / Title 49 / Chapter 7 / 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. § 49-7-31.2 — MS Code / Title 49 / Chapter 1 / Section 7-31.2
Miss. Code Ann. § 49-7-31.2
Status: in_force

The open season for game birds shall be as follows:

(a) On bobwhite quail: The season shall open on Thanksgiving Day and run through the first Saturday in March next following. When the open season ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(b) On pheasant: There shall be no open season on pheasant.

(c) On wild turkey: The commission may fix the spring season between March 1 and May 15. In addition, the commission may fix special fall either-sex seasons. When the open season ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(d) On migratory birds: The open season for migratory birds shall be the season prescribed by the Federal Migratory Bird Treaty regulations.
Miss. Code Ann. § 49-33-17 — MS Code / Title 49 / Chapter 13 / Section 33-17
Miss. Code Ann. § 49-33-17
Status: in_force

All the provisions of this chapter are subject to Sections 11-46-1 et seq., 49-2-9 , 49-2-13 , 49-17-17 , 17-17-1 , 41-67-3 and 41-67-15, Mississippi Code of 1972 .
Miss. Code Ann. § 49-35-17 — MS Code / Title 49 / Chapter 23 / Section 35-17
Miss. Code Ann. § 49-35-17
Status: in_force

(1) A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11 .

(2) A notice of brownfield agreement site (a) shall be entitled “Notice of Brownfield Agreement Site”, (b) shall include a survey plat of the brownfield agreement site described in the brownfield agreement that has been prepared and certified by a professional land surveyor, (c) shall include a legal description of the brownfield agreement site, and (d) shall identify the following:

(i) The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;

(ii) The type, location, and quantity of contaminants known to exist on or under the brownfield agreement site;

(iii) All land-use restrictions on the current or future use of the brownfield agreement site. These land-use restrictions may apply to activities on or under the brownfield agreement site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining; and

(iv) All engineering controls included in the brownfield agreement.

(3)(a) Within fifteen (15) days after the brownfield agreement is executed, the brownfield party shall file a certified copy of the brownfield agreement and the notice of the brownfield agreement site in the office of the chancery clerk of the county in which the site is located. The chancery clerk shall record and enter the notice of the brownfield agreement site and the brownfield agreement in the land records in accordance with Section 89-5-33 and collect the fees provided in Section 25-7-9 . Any deed or other instrument conveying an interest in brownfield property shall state in the deed or instrument that the property is brownfield property and subject to a brownfield agreement, unless the notice is canceled under subsection (4) of this section.

(b) If the notice has not been canceled under subsection (4) of this section, the seller of brownfield property shall disclose in the contract for the purchase of the brownfield property that the property is brownfield property and subject to a brownfield agreement.

(4) If a brownfield party remediates a brownfield agreement site to a risk level of unrestricted use, the brownfield party may petition the commission to cancel the notice of brownfield agreement site. If the commission issues an order canceling the notice, the current owner of the brownfield agreement site shall file a statement issued by the executive director in accordance with the commission's order canceling the notice in the office of the chancery clerk in any county in which the brownfield agreement site is located. The executive director's statement shall contain the names of the owners of the brownfield agreement site as shown in the notice of brownfield agreement site and reference the book and page where the notice is recorded. After collecting the proper fee fixed in Section 25-7-9 , the chancery clerk shall record the executive director's statement as provided in subsection (3) of this section. The chancery clerk shall make a marginal entry on the notice of brownfield agreement site showing the date of cancellation and the book and page where the executive director's statement is recorded, and the chancery clerk shall sign the entry.
Miss. Code Ann. § 49-27-1 — MS Code / Title 49 / Chapter 1 / Section 27-1
Miss. Code Ann. § 49-27-1
Status: in_force

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
Miss. Code Ann. § 49-15-417 — MS Code / Title 49 / Chapter 5 / Section 15-417
Miss. Code Ann. § 49-15-417
Status: in_force

No person shall be subject to criminal prosecution or to any penalty or forfeiture in a separate proceeding for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the commission or at any of its hearings or conferences, or in compliance with any subpoena; however, no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 9 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

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

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

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

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

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-15-319 — MS Code / Title 49 / Chapter 9 / Section 15-319
Miss. Code Ann. § 49-15-319
Status: in_force

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

(2) If a float plan is not filed, the fish on such boat shall not be filleted.
Miss. Code Ann. § 49-5-21 — MS Code / Title 49 / Chapter 4 / Section 5-21
Miss. Code Ann. § 49-5-21
Status: in_force

(1) The department shall transfer all funds under its control into a special fund in the State Treasury to be segregated and known as the “Fisheries and Wildlife Fund,” which fund can only be expended as authorized by the Legislature for the purposes for which the department was created. All funds derived from the sale of licenses, fees, fines and other revenues received by the department as provided by law, shall be deposited in the Fisheries and Wildlife Fund. The interest obtained thereon from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972 , shall be credited by the State Treasurer to the Fisheries and Wildlife Fund and shall not be paid into the General Fund of Mississippi.

(2) The department may expend such sums as are authorized by the Legislature from the Fisheries and Wildlife Fund for paying salaries of its employees, operating and maintaining equipment and for any other purpose the department is authorized to expend funds by law, which amount shall be available for expenditure.

The money herein authorized shall be paid by the State Treasurer out of the Fisheries and Wildlife Fund on warrants issued by the Executive Director of the Department of Finance and Administration upon requisition signed by the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

(3) The department shall prepare and submit annually to the Legislature a budget for its proposed operation. The budget required shall reflect all anticipated revenues from all sources, including all grants and matching funds, together with all proposed expenditures. The budget shall be prepared in the same manner as is now required of other departments of this state. The department shall be subject to budgetary control and audit in the same manner as is provided by law for other departments and agencies. Nothing in this section shall be construed as requiring legislative appropriation of such Fisheries and Wildlife Fund, but it is intended that expenditure of such funds shall be under authority of the budget approved as herein provided and as authorized by the Legislature.
Miss. Code Ann. § 49-15-103 — MS Code / Title 49 / Chapter 5 / 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. § 49-15-87 — MS Code / Title 49 / Chapter 11 / Section 15-87
Miss. Code Ann. § 49-15-87
Status: in_force

(a) “Peeler crab” means a blue crab having a new soft shell fully developed under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.

(b) “Soft-shell crab” means a peeler crab which has recently shed its hard shell.
Miss. Code Ann. § 49-17-13 — MS Code / Title 49 / Chapter 5 / Section 17-13
Miss. Code Ann. § 49-17-13
Status: in_force

(1) The commission is hereby designated as the pollution control agency for this state to administer federal pollution control legislation and programs and interstate or regional agreements pertaining to solid or hazardous waste management.

(2) The commission shall have the right to call upon and receive the assistance of any officer, board, department, school, university or any other state agency, and officers and employees thereof, for any reasonable assistance necessary or beneficial in carrying out the provisions of Sections 49-17-1 through 49-17-43 .
Miss. Code Ann. § 49-15-73 — MS Code / Title 49 / Chapter 1 / Section 15-73
Miss. Code Ann. § 49-15-73
Status: in_force

It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section 49-15-71 . Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 . In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
Miss. Code Ann. § 49-7-1.1 — MS Code / Title 49 / Chapter 6 / Section 7-1.1
Miss. Code Ann. § 49-7-1.1
Status: in_force

Hunting, trapping and fishing are vital parts of the heritage of the State of Mississippi. It shall be the public policy of the State of Mississippi to protect and preserve these activities. The Mississippi Commission on Wildlife, Fisheries and Parks, acting by and through the Mississippi Department of Wildlife, Fisheries and Parks, may regulate hunting, trapping and fishing activities in the State of Mississippi, consistent with its powers and duties under the law. No court of this state may enjoin, suspend, curtail or abrogate any hunting, trapping or fishing activity which is otherwise lawful under the laws of this state or the regulations of the commission, except upon a showing, by clear and convincing evidence, of an immediate threat to the public health, safety and welfare, or other imminent peril. It is, and shall be, the public policy of this state to promote hunting, trapping and fishing and other outdoor recreational opportunities and to preserve these activities for all generations to come.
Miss. Code Ann. § 49-15-3 — MS Code / Title 49 / Chapter 1 / Section 15-3
Miss. Code Ann. § 49-15-3
Status: in_force

As used in this chapter, the term:

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

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

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

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

(e) “ Illegal oysters ” means:

(i) All untagged shell stock;

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

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

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

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

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

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

(i) “ Seafood ” means all oysters, saltwater fish, saltwater shrimp, diamondback terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi.
Miss. Code Ann. § 49-11-13 — MS Code / Title 49 / Chapter 8 / Section 11-13
Miss. Code Ann. § 49-11-13
Status: in_force

The season for shooting preserves shall be for a period of seven (7) months beginning October 1 and ending April 30, except as further restricted by the operator.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 23 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-7-141 — MS Code / Title 49 / Chapter 5 / Section 7-141
Miss. Code Ann. § 49-7-141
Status: in_force

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

(2) In addition to the penalty provided in subsection (1) of this section, any person convicted of a violation of Section 49-7-51 or 49-7-53, Mississippi Code of 1972 , may, in the discretion of the court, be fined One Hundred Dollars ($100.00) for each game animal, game bird or game fish, or part thereof, bought, sold, offered for sale, exchanged for merchandise or other consideration, received for shipment, shipped, transported, carried or possessed with the intent to ship, transport or carry.
Miss. Code Ann. § 49-5-47 — MS Code / Title 49 / Chapter 3 / Section 5-47
Miss. Code Ann. § 49-5-47
Status: in_force

In case of a violation of this chapter or any law or regulation for the protection of wild animals, birds, fish by a corporation the warrant of arrest may be read to and a true copy delivered to the president, secretary, or manager in this state, or to any general or local agent thereof in the county where the action is pending, and, upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fines imposed may be collected by the execution against the property of such corporation, but this section shall not be deemed to exempt any agent or employee from prosecution.
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 35 / 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. § 49-31-3 — MS Code / Title 49 / Chapter 8 / Section 31-3
Miss. Code Ann. § 49-31-3
Status: in_force

The Legislature finds that:

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

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

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

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

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

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

(g) Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Miss. Code Ann. § 49-5-83 — MS Code / Title 49 / Chapter 4 / Section 5-83
Miss. Code Ann. § 49-5-83
Status: in_force

Monies expended from the Wildlife Heritage Fund shall be spent only after proper resolution entered upon its minutes by the commission and upon warrants signed by the chairman of the commission and countersigned by the executive director of the department. Such funds shall be audited at any time the Governor shall so direct or by the State Auditor on an annual basis.
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 3 / 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. § 49-7-40 — MS Code / Title 49 / Chapter 5 / Section 7-40
Miss. Code Ann. § 49-7-40
Status: in_force

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

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

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

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

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

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

(f) Any other actions the commission and the U.S. Corps of Engineers deem necessary for a safe and productive hunt.
Miss. Code Ann. § 49-28-7 — MS Code / Title 49 / Chapter 17 / Section 28-7
Miss. Code Ann. § 49-28-7
Status: in_force

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

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

“FOR CREATION OF __________ DISTRICT: ( )

AGAINST CREATION OF __________ DISTRICT: ( ).”

Voters shall vote by placing a cross mark (x) or check mark (✓) opposite their choice.
Miss. Code Ann. § 49-25-7 — MS Code / Title 49 / Chapter 6 / 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. § 49-28-27 — MS Code / Title 49 / Chapter 17 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

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

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

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 17 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

For the purposes of Sections 49-17-81 through 49-17-89 , the following words and phrases shall have the meaning ascribed in this section:

(a) “Administrator” means the Administrator of the United States Environmental Protection Agency.

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

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

(d) “Emergency fund” means the “Water Pollution Control Emergency Loan Fund” created under Section 49-17-86 .

(e) “Loan agreement” means an agreement by and among the commission, a political subdivision and the State Tax Commission to evidence the terms and provisions of a loan under Sections 49-17-81 through 49-17-89 .

(f) “Loan fund” means the Water Pollution Abatement Loan Fund created pursuant to Section 49-17-61 .

(g) “Municipal security” means a bond, note or other evidence of indebtedness issued by a political subdivision to evidence a loan pursuant to the provisions of Sections 49-17-81 through 49-17-89 .

(h) “Political subdivision” means any county, municipality, utility, district, political subdivision, or other governmental unit created under state law.

(i) “Project” means a publicly owned wastewater collection, treatment or disposal system including sludge disposal, renovation, repair and upgrading of existing systems, nonpoint source pollution control management programs and estuary conservation and management programs, and otherwise qualified under rules of the commission pursuant to the federal Water Quality Act of 1987.

(j) “Revolving fund” means the Mississippi Water Pollution Control Revolving Fund created under Section 49-17-85 .

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-25-17 — MS Code / Title 49 / Chapter 10 / Section 25-17
Miss. Code Ann. § 49-25-17
Status: in_force

Any person, partnership or corporation that seeks to establish, or establishes, a junkyard within one thousand (1,000) feet of the nearest right-of-way line of any interstate or primary highway that does not come within one or more of the exceptions contained in Section 49-25-7 , shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding Five Hundred Dollars ($500.00) for any such offense. Each day's presence of the junkyard within the prohibited distance shall be a separate offense for the purpose of the penalty provision. In addition thereto, the State Highway Commission may seek injunctive relief in the courts of the county in which said junkyard may be located to abate the said nuisance and to require the removal of all junk from the prohibited area.
Miss. Code Ann. § 49-7-20 — MS Code / Title 49 / Chapter 2 / 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. § 49-17-523 — MS Code / Title 49 / Chapter 17 / Section 17-523
Miss. Code Ann. § 49-17-523
Status: in_force

The commission may deny the issuance or reissuance of any certificate required under Sections 49-17-511 through 49-17-521 if: (a) there has been a failure to comply with the application procedures established by regulations promulgated by the commission; (b) if the applicant fails to satisfy the application criteria established by Sections 49-17-501 through 49-17-531 and by regulations promulgated by the commission; or (c) if the applicant fails to pay the applicable fee.
Miss. Code Ann. § 49-17-519 — MS Code / Title 49 / Chapter 4 / Section 17-519
Miss. Code Ann. § 49-17-519
Status: in_force

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

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

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

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

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

(4) Workers engaged in renovation activities are not required to possess certification.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 23 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 13 / Section 28-33
Miss. Code Ann. § 49-28-33
Status: in_force

All special assessments levied under this chapter shall be payable in equal annual installments over a period not to exceed twenty-five (25) years, as determined by the board of commissioners, with interest from the date of the confirmation of the assessment at a rate, to be fixed by the board of commissioners, which will produce sufficient funds for the payment of all or a specified portion of the principal of and interest on the bonds as they mature and accrue and for fees and expenses for a paying agent or trustee, or both for the bonds. The amount to be paid through the special assessments may be limited by the board of commissioners to the amounts needed for the purposes specified in this section. Any property owner who shall not have taken an appeal from the assessment, upon failure to pay the assessment in full within thirty (30) days from the date of confirmation, shall be deemed to have elected to pay the assessment in installments as provided in this section, and shall be deemed to have admitted the legality of the assessment, and the right to contest the validity of the assessment shall be waived. The installments of the assessment shall be due and payable at the same time that the annual real property tax becomes due and payable, commencing with the first county tax levy which is payable after the expiration of thirty (30) days from the date of confirmation of the assessment.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 4 / 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. § 49-35-25 — MS Code / Title 49 / Chapter 33 / Section 35-25
Miss. Code Ann. § 49-35-25
Status: in_force

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

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

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

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

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

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

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

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

(f) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year.

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

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

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

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

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

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

(11) Nothing in this section affects any existing program at the department or affects any authority of the commission or department to take any action authorized by law.
Miss. Code Ann. § 49-5-45 — MS Code / Title 49 / Chapter 4 / Section 5-45
Miss. Code Ann. § 49-5-45
Status: in_force

It shall be the duty of each district attorney in this state and county prosecuting attorney in each county to prosecute and defend, for the state, in all courts of the county or counties in his district or county, all causes, criminal or civil, arising under the provisions of this chapter, or any law or regulation for the protection of wild animals, birds or fish, in which the state may be a party or may be interested or concerned. Circuit judges shall give the grand juries, when organized, the provisions of the laws relating to wild animals, birds and fish strictly in charge and shall urge strict inquiry into all violations thereof.
Miss. Code Ann. § 49-15-100.1 — MS Code / Title 49 / Chapter 15 / Section 15-100.1
Miss. Code Ann. § 49-15-100.1
Status: in_force

It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90. Any person, firm or corporation violating this section shall be punished as provided for under Section 49-15-100 and in addition shall forfeit vessel, motor and equipment used in the violation. If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.
Miss. Code Ann. § 49-7-31.2 — MS Code / Title 49 / Chapter 5 / Section 7-31.2
Miss. Code Ann. § 49-7-31.2
Status: in_force

The open season for game birds shall be as follows:

(a) On bobwhite quail: The season shall open on Thanksgiving Day and run through the first Saturday in March next following. When the open season ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(b) On pheasant: There shall be no open season on pheasant.

(c) On wild turkey: The commission may fix the spring season between March 1 and May 15. In addition, the commission may fix special fall either-sex seasons. When the open season ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(d) On migratory birds: The open season for migratory birds shall be the season prescribed by the Federal Migratory Bird Treaty regulations.
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 2 / Section 17-531
Miss. Code Ann. § 49-17-531
Status: in_force

The commission may establish requirements for reciprocity for accreditation and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicans 1 , inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the requirements established by the commission for accreditation and certification in this state.
Miss. Code Ann. § 49-15-201 — MS Code / Title 49 / Chapter 2 / Section 15-201
Miss. Code Ann. § 49-15-201
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , when any property is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly. The seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lien holders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. No property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

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

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

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

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

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

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

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

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

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

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

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

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

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 49-7-32 — MS Code / Title 49 / Chapter 5 / Section 7-32
Miss. Code Ann. § 49-7-32
Status: in_force

The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.
Miss. Code Ann. § 49-19-1 — MS Code / Title 49 / Chapter 19 / 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. § 49-18-3 — MS Code / Title 49 / Chapter 8 / Section 18-3
Miss. Code Ann. § 49-18-3
Status: in_force

For the purposes of this chapter the term:

(a) “Damages” means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;

(b) “Discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(c) “Federal on-scene coordinator” means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan;

(d) “National Contingency Plan” means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d) ), as amended by the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990) ;

(e) “Oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil; but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 ) and which is subject to the provisions of that act;

(f) “Person” means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body;

(g) “Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident;

(h) “Responsible party” means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990).
Miss. Code Ann. § 49-15-11 — MS Code / Title 49 / Chapter 2 / Section 15-11
Miss. Code Ann. § 49-15-11
Status: in_force

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

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

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

(a) Office of Coastal Resources Management;

(b) Office of Finance and Administration;

(c) Office of Marine Fisheries;

(d) Office of Marine Patrol; and

(e) Office of Coastal Restoration and Resiliency.

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

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

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

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

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

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

(6) Whenever the terms “ Mississippi Marine Conservation Commission ,” “ Marine Conservation Commission ,” “ Bureau of Marine Resources ” and “ Mississippi Marine Resources Council ” appear in any state law, they shall mean the Mississippi Advisory Commission on Marine Resources, which shall operate only as an advisory commission to the Department of Marine Resources.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 10 / Section 37-5
Miss. Code Ann. § 49-37-5
Status: in_force

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

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

(b) “ Scientific information management system ” means a management system which would allow scientific information to be collected, processed, analyzed, managed, updated and subsequently accessed by users of that information.
Miss. Code Ann. § 49-19-201 — MS Code / Title 49 / Chapter 17 / 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. § 49-27-69 — MS Code / Title 49 / Chapter 10 / Section 27-69
Miss. Code Ann. § 49-27-69
Status: in_force

All fees and other sums received by the commission pursuant to this chapter shall be deposited to the credit of the “Seafood Fund”.
Miss. Code Ann. § 49-17-41 — MS Code / Title 49 / Chapter 8 / Section 17-41
Miss. Code Ann. § 49-17-41
Status: in_force

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

Following such hearing, the final order of determination of the commission upon such matters shall be conclusive, unless the petitioner, or such other interested party appearing at the hearing, shall, within fifteen (15) days after the adjournment of the meeting at which said final order was made, appeal to the chancery court of the county where the hearing was held, or of the situs in whole or in part of the subject matter of the hearing by giving a cost bond with sufficient sureties, payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from, to be filed with and approved by the executive director of the commission, who shall forthwith certify the same together with a certified copy of the record of the commission in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may, within said fifteen (15) days after the adjournment of the commission meeting at which said final order was entered, petition the chancery court of the situs in whole or in part of the subject matter for an appeal with supersedeas, and the chancellor shall grant a hearing on said petition and upon good cause shown may grant said appeal with supersedeas; the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. Appeals shall be considered only upon the record as made before the commission. The chancery court shall always be deemed open for hearing of such appeals and the chancellor may hear the same in termtime or in vacation at any place in his district, and the same shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact. If no prejudicial error be found, the matter shall be affirmed and remanded to the commission for enforcement. If prejudicial error be found, the same shall be reversed and the chancery court shall remand the matter to the commission for appropriate action as may be indicated or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing to the chancery court he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas, without additional bond, if in his judgment material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper, which shall be liable to the state for such damage.
Miss. Code Ann. § 49-2-17 — MS Code / Title 49 / Chapter 2 / Section 2-17
Miss. Code Ann. § 49-2-17
Status: in_force

Effective July 1, 1979, the executive director shall employ an assistant for administration and shall centralize under his office the following administrative functions for the entire department:

(a) accounting;

(b) payroll;

(c) purchasing;

(d) data processing;

(e) personnel;

(f) motor pool and vehicles;

(g) maintenance;

(h) printing and records; and

(i) public relations.
Miss. Code Ann. § 49-23-29 — MS Code / Title 49 / Chapter 17 / 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. § 49-17-703 — MS Code / Title 49 / Chapter 1 / Section 17-703
Miss. Code Ann. § 49-17-703
Status: in_force

In the spirit of the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for consolidation of water, wastewater and storm water services in order to reduce costs, promote resilience in the event of a disaster, improve the quality of the natural environment, and improve the planning and delivery of quality water, wastewater and storm water services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is the need for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water services in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater and storm water services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Coast Region Utility Act is determined to be necessary and essential to the accomplishment of these purposes. To facilitate the purposes of the act, the Gulf Coast Region Utility Board, the George County Utility Authority, the Hancock County Utility Authority, the Harrison County Utility Authority, the Jackson County Utility Authority, the Pearl River County Utility Authority and the Stone County Utility Authority are created herein.
Miss. Code Ann. § 49-27-41 — MS Code / Title 49 / Chapter 7 / 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. § 49-7-96 — MS Code / Title 49 / Chapter 7 / Section 7-96
Miss. Code Ann. § 49-7-96
Status: in_force

(1)(a) The Commission on Wildlife, Fisheries and Parks may establish deer management zones within the state.

(b) The commission may establish antler restrictions within the zones for the proper management of antlered deer.

(2) The antler restrictions in Sections 49-7-31 and 49-7-41 shall not apply to those zones with antler restrictions established by the commission.

(3) If the commission establishes deer management zones or establishes antler restrictions, the department shall study and analyze all relevant data and shall file annual progress reports with the Legislature. The department shall file a final report on the effectiveness of the program with recommendations on the continuation of such restrictions.
Miss. Code Ann. § 49-7-67 — MS Code / Title 49 / Chapter 1 / Section 7-67
Miss. Code Ann. § 49-7-67
Status: in_force

It shall be unlawful for any person to buy, sell or offer for sale the pelt of any fur-bearing animal knowing that the same has been unlawfully taken.
Miss. Code Ann. § 49-15-71 — MS Code / Title 49 / Chapter 2 / Section 15-71
Miss. Code Ann. § 49-15-71
Status: in_force

(1) It is unlawful for any boat or vessel carrying or using a purse seine to have on board such boat or vessel any quantity of redfish within the territorial jurisdiction of the State of Mississippi.

(2) It is unlawful for any person, firm or corporation to catch, take or land redfish below minimum legal size as established by regulations promulgated by the commission and in accordance with the Red Drum Fishery Management Plan. The department shall develop a redfish management plan and the commission shall promulgate regulations to implement the plan after conducting a public hearing relating to the plan and regulations. Beginning on July 1, 1998, and every four (4) years thereafter, the commission shall review the plan and regulations promulgated under the plan, and upon a determination that revisions are appropriate, the commission shall amend the plan or regulations, or both, in a manner to effectuate the desired changes.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined in the amount of One Hundred Dollars ($100.00) for each redfish possessed in violation of this section. All nets used in violating this section are hereby declared contraband and shall be subject to seizure and forfeiture. 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. It shall be the duty of the court to order the forfeiture of any nets used in violating the provisions of this section. The fine imposed upon a person convicted under this section shall not be suspended or reduced. The master and owner of any vessel upon which redfish is possessed in violation of this section shall be jointly and severally liable for the penalty imposed herein.

(4) For the purposes of this section, the term “redfish” means red drum or sciaenops ocellatus.
Miss. Code Ann. § 49-17-422 — MS Code / Title 49 / Chapter 3 / Section 17-422
Miss. Code Ann. § 49-17-422
Status: in_force

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

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

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

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

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

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

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

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

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

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

(5) The executive director of the department shall provide technical, clerical and other support services, including service by contract, as the council requires in the performance of its functions.
Miss. Code Ann. § 49-23-23 — MS Code / Title 49 / Chapter 13 / Section 23-23
Miss. Code Ann. § 49-23-23
Status: in_force

Nothing in Sections 49-23-1 through 49-23-29 , shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Miss. Code Ann. § 49-15-101 — MS Code / Title 49 / Chapter 4 / 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. § 49-15-40 — MS Code / Title 49 / Chapter 1 / Section 15-40
Miss. Code Ann. § 49-15-40
Status: in_force

The department may support projects in the nature of digging or constructing canals or ditches to bring additional water to existing oyster reefs or beds in need of that water, or for the purpose of creating or establishing new oyster reefs or beds. The department may also enter into interstate or intrastate efforts to support these projects and may seek and utilize aid from all federal, state and local sources in this endeavor.
Miss. Code Ann. § 49-28-29 — MS Code / Title 49 / Chapter 26 / Section 28-29
Miss. Code Ann. § 49-28-29
Status: in_force

In addition to the sources of funding provided for in Sections 49-28-1 through 49-28-27 , the board of commissioners, if approved by the board of supervisors in the resolution creating the district, may levy and collect special assessments on certain property located in the district to provide funds for the purposes for which bonds may be issued under Sections 49-28-23 and 49-28-25 . The board of commissioners may pledge the receipts from the special assessments to secure the payment of the principal of, premium, if any, and interest on any bonds authorized to be issued under this chapter. Special assessments may be levied on the property within the boundaries of the district at the time the special assessments are levied. Any special assessments authorized under this section shall be levied and collected in the manner provided in Chapter 41, Title 21, Mississippi Code of 1972 . The board may secure bonds of the district solely from the receipts of special assessments, or may pledge such receipts in addition to the pledge of receipts from any tax levy authorized in this chapter, or from any combination of monies from the special assessments and tax levies. Bonds issued under Section 49-28-23 or Section 49-28-25 shall be payable as to principal, premium, if any, and interest solely from the sources authorized in this chapter.
Miss. Code Ann. § 49-28-1 — MS Code / Title 49 / Chapter 11 / Section 28-1
Miss. Code Ann. § 49-28-1
Status: in_force

Except as otherwise provided in this section, any contiguous area situated within any county of the state located along the Mississippi Gulf Coast, and not being situated within the corporate boundaries of any existing municipality, and experiencing shoreline and beach erosion and other related problems, may become incorporated as a shoreline and beach preservation district in the manner set forth in the following sections. The purpose of the district shall be to provide for the planning, design, construction, operation, maintenance and improvement of shoreline and beach improvement projects, including habitat restoration projects. This chapter shall not apply to Harrison County or Hancock County, Mississippi.
Miss. Code Ann. § 49-17-519 — MS Code / Title 49 / Chapter 5 / Section 17-519
Miss. Code Ann. § 49-17-519
Status: in_force

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

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

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

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

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

(4) Workers engaged in renovation activities are not required to possess certification.
Miss. Code Ann. § 49-27-57 — MS Code / Title 49 / Chapter 18 / Section 27-57
Miss. Code Ann. § 49-27-57
Status: in_force

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

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

(c) It shall be a misdemeanor to materially harm or disturb scientific devices and recording instruments left in coastal wetlands by authorized agencies of the state or federal government, and a violation of this subsection shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days or both.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 4 / 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. § 49-19-35 — MS Code / Title 49 / Chapter 8 / Section 19-35
Miss. Code Ann. § 49-19-35
Status: in_force

As used in this section:

(a) “ Biomass ” means bioenergy feedstocks from forest products manufacturing, including, without limitation:

(i) Forest products manufacturing residuals, including, without limitation:

1. Pulping liquors;

2. Pulping byproducts;

3. Woody manufacturing residuals;

4. Paper recycling residuals;

5. Wastewater and processed water treatment plant residuals; and

6. Anaerobic digester biogas;

(ii) Harvest residues, including, without limitation, trees or portions of harvested trees;

(iii) Downed wood from extreme weather events or natural disasters;

(iv) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(v) Plant material removed for purposes of invasive or noxious plant species control;

(vi) Biowaste, including, without limitation, landfill gas;

(vii) Forest biomass derived from residues created as a byproduct of timber harvesting;

(viii) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration or to maintain or enhance forest health;

(ix) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 CFR Statute 241.1 et seq., as it existed on January 1, 2023; and

(x) Other used wood products, including, without limitation, crates and pallets.

(b) “ Bioenergy with carbon capture and storage ” means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
Miss. Code Ann. § 49-11-9 — MS Code / Title 49 / Chapter 7 / Section 11-9
Miss. Code Ann. § 49-11-9
Status: in_force

This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 9 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

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

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

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-27-31 — MS Code / Title 49 / Chapter 10 / Section 27-31
Miss. Code Ann. § 49-27-31
Status: in_force

The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
Miss. Code Ann. § 49-5-41 — MS Code / Title 49 / Chapter 3 / Section 5-41
Miss. Code Ann. § 49-5-41
Status: in_force

Section 99-1-5, Mississippi Code of 1972 , shall apply to all violations of the laws or regulations relating to wild animals, birds, or fish.
Miss. Code Ann. § 49-17-701 — MS Code / Title 49 / Chapter 11 / Section 17-701
Miss. Code Ann. § 49-17-701
Status: in_force

Sections 49-17-701 through 49-17-775 shall be known and may be cited as the “Mississippi Gulf Coast Region Utility Act.”
Miss. Code Ann. § 49-7-161 — MS Code / Title 49 / Chapter 3 / Section 7-161
Miss. Code Ann. § 49-7-161
Status: in_force

For purposes of Sections 49-7-161 through 49-7-173 , unless the context otherwise requires, the following terms shall have the meaning described herein:

(a) “ Migratory waterfowl ” means any wild goose, brant or wild duck.

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

(c) “ Stamp ” means the state migratory waterfowl stamp or the electronic equivalent furnished by the commission.
Miss. Code Ann. § 49-9-13 — MS Code / Title 49 / Chapter 2 / Section 9-13
Miss. Code Ann. § 49-9-13
Status: in_force

The commission shall make such requirements and regulations governing the operations of boats and equipment in the taking of mussels as it may deem best for the proper enforcement of this chapter. To prevent the depletion of the mussel beds and to insure proper propagation of the mussels, the commission may close any beds to operators at any time and for such length of time as it deems necessary. During such closed season on any bed, no one shall take mussels therefrom. When an order is issued closing any mussel bed, notice shall be given as required by law.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 31 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

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

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

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

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

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-15-323 — MS Code / Title 49 / Chapter 15 / Section 15-323
Miss. Code Ann. § 49-15-323
Status: in_force

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state's territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 USCS Section 1856 , or any other provision of federal law, the Department of Marine Resources shall have jurisdiction of the offense and may commence administrative enforcement action against alleged violators in accordance with the administrative procedures provisions of Section 49-15-401 et seq., Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-745 — MS Code / Title 49 / Chapter 15 / Section 17-745
Miss. Code Ann. § 49-17-745
Status: in_force

(1) The county authority shall have the power, duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater and storm water systems.

(2) The county authority shall adopt rules and regulations regarding the design, construction or installation, operation and maintenance of water, wastewater and storm water systems.

(3) The county authority shall adopt rules and regulations regarding the use of decentralized treatment systems, individual on-site wastewater treatment systems and centralized wastewater treatment systems.

(4) The county authority shall adopt rules establishing performance standards for water, wastewater and storm water systems and the operation and maintenance of the same. Such rules and regulations shall include the implementation of a standard application form for the installation, operation and maintenance of such systems; application review; approval or denial procedures for any proposed system; inspection, monitoring and reporting guidelines; and enforcement procedures.

(5)(a) Before a building or development which requires the installation of a water, wastewater or storm water system is constructed, the system must be submitted to the county authority for certification that the system complies with the county authority requirements for such system.

(b) Before approving or renewing a water, wastewater or storm water related permit for a system within a county authority, the state agency must require certification that the system complies with the requirements of the county authority.

(6) Any system of any municipality, public agency or other persons which contracts with a county authority, shall be subject to the terms of that contract and the terms of this act.

(7) Notwithstanding the provisions of Section 51-39-1 et seq. , the county authority shall have the full power to adopt rules and regulations and to construct, maintain and operate facilities for the control of storm water quality and quantity. In addition, the provisions of Section 51-33-1 et seq. relating to drainage districts and flood control districts do not apply to the county authority.

(8) The county authority may control and operate the local retail water, wastewater or storm water services and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same service in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area.
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 17 / Section 19-207
Miss. Code Ann. § 49-19-207
Status: in_force

The commission shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227 , and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 28 / Section 31-3
Miss. Code Ann. § 49-31-3
Status: in_force

The Legislature finds that:

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

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

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

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

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

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

(g) Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Miss. Code Ann. § 49-15-80 — MS Code / Title 49 / Chapter 4 / Section 15-80
Miss. Code Ann. § 49-15-80
Status: in_force

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

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

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

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

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

(3) Each boat or vessel engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi.
Miss. Code Ann. § 49-17-509 — MS Code / Title 49 / Chapter 5 / 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. § 49-7-91 — MS Code / Title 49 / Chapter 1 / Section 7-91
Miss. Code Ann. § 49-7-91
Status: in_force

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

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

(3) Any person violating this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition the department shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds to the credit of the State Game and Fish Fund.
Miss. Code Ann. § 49-27-43 — MS Code / Title 49 / Chapter 5 / 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. § 49-27-1 — MS Code / Title 49 / Chapter 6 / Section 27-1
Miss. Code Ann. § 49-27-1
Status: in_force

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”
Miss. Code Ann. § 49-31-15 — MS Code / Title 49 / Chapter 17 / Section 31-15
Miss. Code Ann. § 49-31-15
Status: in_force

It shall be the duty of each state agency, the judicial branch of state government, the state institutions of higher learning and community colleges to:

(a) Establish a program, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, for the collection of recyclable materials as determined by the Department of Environmental Quality, generated in state offices throughout the state.

(b) Provide procedures for collecting and storing recyclable materials, containers for storing recyclable materials and contractual arrangements with buyers of recyclable materials.

(c) Evaluate the amount of recyclable materials recycled and make all necessary modifications to the recycling program to ensure that recyclable materials, as determined by the Department of Environmental Quality, are effectively and practically recycled.

(d) Establish and implement, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, a source reduction program for materials, as determined by the Department of Environmental Quality, used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible source reduction of waste as a result of agency operations.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 10 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

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

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

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

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

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-27-43 — MS Code / Title 49 / Chapter 26 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-15-1 — MS Code / Title 49 / Chapter 5 / 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. § 49-25-11 — MS Code / Title 49 / Chapter 1 / Section 25-11
Miss. Code Ann. § 49-25-11
Status: in_force

The State Highway Commission shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this chapter.
Miss. Code Ann. § 49-15-73 — MS Code / Title 49 / Chapter 2 / Section 15-73
Miss. Code Ann. § 49-15-73
Status: in_force

It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section 49-15-71 . Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 . In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
Miss. Code Ann. § 49-6-5 — MS Code / Title 49 / Chapter 2 / Section 6-5
Miss. Code Ann. § 49-6-5
Status: in_force

The department shall establish and implement a motor vehicle replacement program to ensure the efficient and effective operation of the department. The program shall include replacement standards based on the type, operational environment and use of each motor vehicle and any other factors necessary for cost-effective determination of replacement needs.
Miss. Code Ann. § 49-7-49 — MS Code / Title 49 / Chapter 5 / Section 7-49
Miss. Code Ann. § 49-7-49
Status: in_force

For the purpose of this chapter, the fact that any person shall be found in the possession of a trap, fishing tackle, or other device of any description whatsoever used for the purpose of taking wild animals, wild birds or fish in the natural habitat of such animals, birds, or fish, or in the possession of dead bodies of wild birds, wild animals or fish within the field, in the forests or on the public highways or on the waters of this state, shall be prima facie evidence that such person is or has been hunting, trapping, or fishing.
Miss. Code Ann. § 49-5-69 — MS Code / Title 49 / Chapter 3 / Section 5-69
Miss. Code Ann. § 49-5-69
Status: in_force

The commission is hereby authorized to make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the committee under Sections 49-5-61 through 49-5-85 , including contracts with any firm, person, corporation, governmental agency or other entity and each and any Mississippi governmental agency is hereby authorized to enter into contracts and otherwise cooperate with the committee to facilitate the purpose of Sections 49-5-61 through 49-5-85 .
Miss. Code Ann. § 49-39-7 — MS Code / Title 49 / Chapter 11 / Section 39-7
Miss. Code Ann. § 49-39-7
Status: in_force

(1)(a) There is created in the State Treasury a special fund to be designated the “Mississippi Outdoor Stewardship Trust Fund.” The special fund shall consist of monies appropriated by the Legislature. Monies shall be accounted for in such a manner to be termed unobligated funds or obligated funds. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the special fund shall be deposited to the credit of the special fund; however, any unobligated monies in excess of Twenty Million Dollars ($20,000,000.00), excluding federal funds, remaining in the special fund at the end of a fiscal year that have not been appropriated shall lapse into the State General Fund. Monies in the special fund may be used upon selection by the board. The board and the Department of Finance and Administration may use not more than two percent (2%) of monies in the special fund to defray the board's expenses in carrying out its duties under this chapter.

(b) Subject to the provisions of this chapter, monies in the special fund may be used and expended by the board to provide funds for grants to counties, municipalities, state agencies and nongovernmental entities for:

(i) Improvement of state park outdoor recreation features and trails;

(ii) Acquisition and improvement of parks and trails by counties and municipalities, if such parks and trails lie within the jurisdiction of such counties and municipalities;

(iii) Restoration or enhancement projects to create or improve access to public waters and lands for public outdoor recreation, conservation education, or the safe use and enjoyment of permanently protected conservation land;

(iv) Restoration or enhancement on privately owned working agricultural lands and forests that support conservation of soil, water, habitat of fish and wildlife resources;

(v) Restoration or enhancement of wetlands, native forests, native grasslands and other unique habitats important for Mississippi's fish and wildlife; and

(vi) Acquisition of critical areas for the provision or protection of clean water, wildlife, hunting, fishing, military installation buffering or natural resource-based outdoor recreation. Real property may only be acquired under this subparagraph (vi) when the property:

1. Is, at the time of acquisition, being leased by the state as a wildlife management area;

2. Adjoins or is in close proximity to state or federal wildlife management areas or state parks, or would provide better public access to such areas;

3. Is identified in a wildlife action plan developed by a state agency;

4. Constitutes riparian lands, and its acquisition is for the purpose of protecting any drinking water supply; or

5. Surrounds a military base or military installation.

Acquisition of land under this subparagraph (vi) may not be made through the exercise of any power of eminent domain or any condemnation proceeding.

(c) Unless otherwise authorized by the board, a county, municipality, state agency or nongovernmental entity receiving funds for a project under this section must expend the funds for the project within two (2) years after receipt of the funds in order to be eligible to apply for additional funds for the project under this section. If a county, municipality, state agency or nongovernmental entity receiving funds for a project does not expend the funds within two (2) years after receipt of the funds, then the county, municipality, state agency or nongovernmental entity must provide an accounting of such unused funds and the reason for failure to expend the funds. If the board determines that the project will not be completed in a timely manner, the county, municipality, state agency or nongovernmental entity must then return any unexpended funds.

(d) Monies in the special fund may not be used, expended or transferred for any other purpose other than authorized in this chapter.

(e) Any state agency receiving funds from the Mississippi Outdoor Stewardship Trust Fund under this section may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

(2)(a) The board shall accept applications from counties, municipalities, state agencies and nongovernmental entities for project proposals eligible for funding under this section. The board shall evaluate the proposals received in accordance with this chapter.

(b) A county, municipality, state agency or nongovernmental entity desiring assistance under this section must submit a complete application to the board. The application must include a description of the purpose for which assistance is requested, the type and amount of assistance requested and any other information required by the board.

(c) The board shall require annual independent audits of all expenditures from the special fund and present those findings to the Governor, Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees.

(d) To be eligible for funding, any nongovernmental entity applicant must submit its most recent audit, disclose any audit deficiencies in the previous five (5) years, submit its certificate of good standing from the Mississippi Secretary of State, and submit a current list of its board members for purposes of conflicts of interest.

(e) For funds to be spent on private land, the applicant must show demonstrably that the project will benefit the public.

(f) Projects that acquire property shall not be considered for approval until after July 1, 2024.

(3) The board, at its first meeting of each calendar year, shall prepare a list of priorities and criteria to guide the selection of projects. The board shall give increased priority to projects:

(a) Supporting the public recreation and conservation efforts of state agencies, counties and municipalities;

(b) Leveraging or matching other nonfederal or federal funds available for similar purposes;

(c) Supporting and promoting recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities;

(d) Contributing to the improvement of the quality and quantity of surface water and groundwater; or

(e) Contributing to the conservation of soil, water, and fish and wildlife resources on privately owned working agricultural lands or forests.

(4) Upon approval of the total list of projects by the board, the list of projects shall be submitted to the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees and Chairs of the Senate and House Wildlife, Fisheries and Parks Committees. If federal funds or guidelines become available and are certified by the Executive Director of the Department of Finance and Administration or the Executive Director of the Mississippi Outdoor Stewardship Fund, the board shall be authorized to expend funds from the Mississippi Outdoor Stewardship Trust Fund and shall notify the Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chairs of the Senate Finance and House Ways and Means Committees, Chairs of the Senate and House Wildlife, Fisheries and Parks Committees, and Legislative Budget Office of such expenditures prior to their distribution to certain projects approved by the board.
Miss. Code Ann. § 49-17-32 — MS Code / Title 49 / Chapter 2 / Section 17-32
Miss. Code Ann. § 49-17-32
Status: in_force

(1) The commission may delegate to the Department of Environmental Quality the responsibility for the collection of the Title V program fees.

(2) The Title V program fee shall be due September 1 of each year. Each owner or operator may elect a quarterly payment method of four (4) equal payments with the payments due September 1, December 1, March 1 and June 1. The owner or operator shall notify the Department of Environmental Quality that the quarterly payment method will be used by September 1.

(3) If any part of the Title V program fee imposed is not paid within thirty (30) days after the due date, a penalty of ten percent (10%) of the amount due shall at once accrue and be added thereto, unless the permittee demonstrates to the commission that the failure to make timely payment was unavoidable due to financial hardship or otherwise beyond the permittee's control. If the fee is not paid in full, including any penalty within sixty (60) days of the due date, the Environmental Quality Permit Board may revoke the permit upon proper notice and hearing as required by law. Any penalty collected under this section shall be deposited into the “Air Operating Permit Program Fee Trust Fund.”

(4) Any owner or operator that fails to properly identify themselves subject to the Title V program may be subject to fees and penalties as determined by the commission.

(5) It is the intent of the Legislature that fees collected pursuant to Sections 49-17-1 through 49-17-45 shall not supplant or reduce in any way the General Fund appropriation to the Department of Environmental Quality.
Miss. Code Ann. § 49-31-13 — MS Code / Title 49 / Chapter 5 / Section 31-13
Miss. Code Ann. § 49-31-13
Status: in_force

(1) The department shall complete a comprehensive study of the status of pollution prevention and recycling activities in Mississippi. The study shall address, but not be limited to, the following:

(a) The types and quantities of wastes generated in the state, the existing system for management of wastes, and pollution prevention and recycling efforts to date in the state;

(b) The advisability, feasibility and potential impacts of waste stream reduction through statutory restraints;

(c) The identification of key business, industry, academic institutions and governmental entities which should receive priorities in technical assistance;

(d) The establishment of the program priorities, objectives, missions and goals for pollution prevention and recycling in the state, including a methodology for assessing the efficiency and effectiveness of the program in attaining program goals and objectives;

(e) The development of a methodology to assess progress in minimizing waste, preventing pollution and recycling in the state; and

(f) Any other information deemed necessary by the department to carry out the purposes of this chapter.

(2) The study shall be presented to the Chairman of the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Environmental Protection, Conservation and Water Resources Committee of the Mississippi Senate by the second day of each legislative session.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 9 / 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. § 49-5-39 — MS Code / Title 49 / Chapter 5 / Section 5-39
Miss. Code Ann. § 49-5-39
Status: in_force

(1) For every violation of Section 49-5-5 the person so offending shall be punished by a fine of not less than One Hundred Fifty Dollars ($150.00) or more than Three Hundred Dollars ($300.00), and by imprisonment in the county jail not less than ten (10) days or more than thirty (30) days. For every subsequent violation of Section 49-5-5 , the person so offending shall be punished by a fine of not less than Three Hundred Dollars ($300.00) or more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than ten (10) days or more than thirty (30) days, which sentence shall be served and not suspended. No person convicted of violating the above section shall for two (2) years thereafter be allowed to hunt or receive license to hunt for birds or game in the county of his conviction and in the management area within which the refuge, sanctuary or preserve is located. No person convicted of any subsequent violation of the above section shall for two (2) years thereafter be allowed to hunt or receive a license to hunt for birds or game in the State of Mississippi.

(2) Any person trespassing on any game or fish refuge in any game or fish management area shall be guilty of a misdemeanor and punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) and imprisonment in the county jail of not more than thirty (30) days.

(3) Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Miss. Code Ann. § 49-17-409 — MS Code / Title 49 / Chapter 2 / Section 17-409
Miss. Code Ann. § 49-17-409
Status: in_force

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

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

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

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

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

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

For the purposes of Sections 49-17-1 through 49-17-43 , the following words and phrases shall have the meanings ascribed to them in this section:

(1) Water.

(a) “Pollution” means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance or leak into any waters of the state unless in compliance with a valid permit issued therefor by the Permit Board.

(b) “Wastes” means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state.

(c) “Sewerage system” means pipelines or conduits, pumping stations, and force mains, and other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.

(d) “Treatment works” means any plant or other works, used for the purpose of treating, stabilizing or holding wastes.

(e) “Disposal system” means a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells and other systems.

(f) “Waters of the state” means all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering upon the state, and such coastal waters as are within the jurisdiction of the state, except lakes, ponds or other surface waters which are wholly landlocked and privately owned, and which are not regulated under the Federal Clean Water Act ( 33 U.S.C. 1251 et seq. ).

(g) “Underground water” means an underground source of drinking water as defined within the regulations of the Federal Safe Drinking Water Act.

(2) Air.

(a) “Air contaminant” means particulate matter, dust, fumes, gas, mist, smoke or vapor, or any combination thereof, produced by processes other than natural.

(b) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristic, and of a duration which are materially injurious or can be reasonably expected to become materially injurious to human, plant or animal life or to property, or which unreasonably interfere with enjoyment of life or use of property throughout the state or throughout such area of the state as shall be affected thereby.

(c) “Air contamination” means the presence in the outdoor atmosphere of one or more air contaminants which contribute to a condition of air pollution.

(d) “Air contamination source” means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at, or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes.

(e) “Air-cleaning device” means any method, process or equipment, the primary function of which is to remove, reduce or render less noxious air contaminants discharged into the atmosphere.

(f) “Area of the state” means any city or county or portion thereof, or other substantial geographical area of the state as may be designated by the Mississippi Commission on Environmental Quality.

(g) “Federal Clean Air Act” means the Federal Clean Air Act, 42 U.S.C. 7401 et seq., as amended.

(3) General.

(a) “Commission” means the Mississippi Commission on Environmental Quality acting through the Office of Pollution Control of the Department of Environmental Quality.

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

(c) “Pollution Emergency Fund” means the fund established under Section 49-17-68 .

(d) “General permit” means a permit for categories of sources that involve similar wastes and have similar monitoring requirements and restrictions.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 5 / Section 31-3
Miss. Code Ann. § 49-31-3
Status: in_force

The Legislature finds that:

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

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

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

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

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

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

(g) Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Miss. Code Ann. § 49-15-313 — MS Code / Title 49 / Chapter 10 / Section 15-313
Miss. Code Ann. § 49-15-313
Status: in_force

(1) Any resident between the ages of sixteen (16) and sixty-five (65) years, as defined in Section 49-7-3 , fishing in the marine waters of the state, shall obtain a saltwater sports fishing license for a fee of Ten Dollars ($10.00). A resident sixty-five (65) years of age or older, fishing in the marine waters of the state, shall obtain a lifetime saltwater sports fishing license for a one-time fee of Five Dollars ($5.00). These licenses shall be valid in any waters south of Interstate 10. Any resident citizen who is blind, paraplegic or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged totally disabled by the Social Security Administration shall not be required to purchase or have in his possession a saltwater sports fishing license while engaged in such activities. Any resident exempt under this section shall have on his person while fishing proof of residency and age or disability. Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. Such resident shall have in his possession and on his person such proof as may be required by the commission.

(2) The commission shall prescribe the forms, types and fees for nonresident saltwater sports fishing licenses except that the fee for a nonresident saltwater sports fishing license shall not be less than Twenty Dollars ($20.00). This minimum fee shall not apply to nonresidents sixty-five (65) years of age or older. The commission may enter into reciprocal agreements with adjacent states pertaining to fees and exemptions for persons sixty-five (65) years of age or older. The commission shall require a nonresident to purchase a nonresident freshwater fishing license and a nonresident saltwater sports fishing license if the nonresident's state requires both licenses for a nonresident to fish in its marine waters. Any nonresident sixty-five (65) years of age or older shall possess a saltwater sports fishing license.

(3) All resident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission at a fee of Two Hundred Dollars ($200.00). All nonresident vessels engaged in charter boat fishing, party boat fishing, head boat and guide boat fishing shall be issued a separate annual license by the commission. In addition to other requirements for charter license eligibility, captains must show proof of participation in a Department of Transportation approved random drug testing program and proof of liability insurance as a charter boat captain. Crew members and customers of the licensed vessels shall not be required to purchase an individual resident or nonresident saltwater fishing license while sponsored by the licensed vessels. An operator of a licensed vessel shall be required to report the number of customers to the department as required by the commission and the information shall be kept confidential and shall not be released, except to other fisheries management agencies or as statistical data. All nonresident vessels engaged in saltwater sport fishing tournaments, not to exceed an aggregate of twenty (20) days per calendar year, shall not be required to purchase an annual license as provided under this subsection.

(4) The saltwater sports fishing license is required for all recreational methods of finfish harvest.

(5) Any resident who purchases a lifetime sportsman's license, in accordance with Section 49-7-153 , shall be entitled to fish in the marine salt waters of the state and shall be exempt from the purchase of a sport saltwater fishing license.

(6) Any person authorized to issue a license may collect and retain, for each saltwater fishing license issued, the additional fee authorized under Section 49-7-17 .

(7) The fees collected from the sale of resident and nonresident saltwater sports fishing licenses shall be deposited into the Seafood Fund and shall be used solely for the management of marine resources.

(8) Participants in the Very Special Fishing Olympics are exempt from this section.

(9) The first weekend of “National Fishing and Boating Week” in June of each year is designated as “Free Fishing Weekend,” and July 4 of each year is designated as “Free Saltwater Sports Fishing Day.” Any person may saltwater sport fish without a license on “Free Saltwater Sports Fishing Day” and during “Free Fishing Weekend.”

(10) The department may exempt participants in an organized fishing event conducted by a qualified nonprofit charitable, governmental or civic organization from the requirements of this section for one (1) day per year if the organization files an exemption application with the department and the application is approved by the department.
Miss. Code Ann. § 49-7-29 — MS Code / Title 49 / Chapter 1 / Section 7-29
Miss. Code Ann. § 49-7-29
Status: in_force

(1) This section shall be known as the “Mississippi Wholesale Minnow Dealers Law.”

(2) Definitions. For the purposes of this section, the following definitions shall apply:

(a) The term “ wholesale minnow dealer ” means any person selling minnows to a person for resale.

(b) The term “ person ” means any person, firm or corporation.

(c) The term “ minnow ” shall only mean golden shiner (Notemigonus crysoleucas), fathead minnow (Pimephales promelas), goldfish (Carassius auratus), common carp or Israeli carp (Cyprinus carpio), emerald shiner (Notropis atherinoides), western mosquitofish (Gambusia affinis), eastern mosquitofish (Gambusia holbrooki) and gulf killfish (Fundulus grandis).

(3) The department shall license wholesale minnow dealers, as required under this section. However, bona fide residents of Mississippi growing minnows on their own property within the State of Mississippi shall be exempt from these license requirements.

(4) It is unlawful for any person except those exempted by subsection (3) to sell minnows at wholesale within the State of Mississippi without a commercial fishing license.

(5) A resident wholesale minnow dealer shall certify that he is a resident of the state and shall apply to the department for a commercial fishing license.

(6) A nonresident wholesale minnow dealer shall apply to the department for a nonresident commercial fishing license. This nonresident license fee shall be set by the department.

(7) Each sale of minnows in violation of this section shall be punishable as a Class I violation as provided in Section 49-7-141 .

(8) A copy of the commercial fishing license shall be carried at all times in each vehicle which transports minnows into or within the State of Mississippi. Each violation of this subsection shall be punishable as a Class I violation as provided in Section 49-7-141 . However, no person charged with violating this subsection shall be convicted if he produces in court, or files with the clerk of the court before the date of appearance, proof that he held a valid commercial fishing license at the time that he was charged with a violation.
Miss. Code Ann. § 49-35-5 — MS Code / Title 49 / Chapter 25 / Section 35-5
Miss. Code Ann. § 49-35-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) “ Potentially responsible party ” means a person who is or may be liable for remediation under a remedial program.
Miss. Code Ann. § 49-15-84 — MS Code / Title 49 / Chapter 3 / Section 15-84
Miss. Code Ann. § 49-15-84
Status: in_force

(1) The department shall coordinate with the Gulf Coast Research Laboratory in the development of an ordinance for the purpose of taking Callinectes sapidus (blue crab) or allied species. The ordinance shall include provisions for the establishment of size limits for individual or market use as well as establishing legal harvest size for the cultivating of peeler crabs and soft-shell crabs.

(2) The department shall establish specifications for crab traps and shall require buoys of adequate size which are identified as to the owner of the buoys and traps. Recreational crabbers may use no more than six (6) crab traps per license holder. The taking of crabs with drop nets is permitted without a license.

(3) It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time. It is not unlawful to catch those crabs unintentionally, if the crabs are immediately returned to the water.
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 21 / 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. § 49-5-90 — MS Code / Title 49 / Chapter 4 / Section 5-90
Miss. Code Ann. § 49-5-90
Status: in_force

All general obligation bonds of the State of Mississippi and interest coupons issued under the provisions of Sections 49-5-86 through 49-5-98 shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 49-15-28 — MS Code / Title 49 / Chapter 9 / Section 15-28
Miss. Code Ann. § 49-15-28
Status: in_force

(1) Each person buying or handling seafood secured from commercial fishermen, or from other wholesale dealers, for the purpose of resale, whether handling on a commission basis or otherwise, and every resident person shipping seafood out of the State of Mississippi on consignment or order, except fishermen shipping their own catch, shall be considered a wholesale dealer and shall obtain a seafood dealer license for a fee of One Hundred Dollars ($100.00). A seafood dealer shall not operate as a seafood processor.

(2) Any factory or person engaged in the processing, manufacturing or changing of seafood products into different market forms shall be considered a seafood processor and shall obtain a seafood processor license for a fee of One Hundred Dollars ($100.00) annually. A seafood processor may operate as a seafood dealer.

(3) The license for a seafood dealer and the license for a seafood processor shall be nontransferable and a license shall be required for each factory or place of business.

(4) It is unlawful for any factory or person to act as a seafood dealer or seafood processor without first having obtained the appropriate license.

(5) This section shall not apply to the following:

(a) A dealer in fresh seafoods who merely preserves the seafood for future sale to prevent spoilage and is in competition with other retailers who are not required to pay this tax;

(b) Nonresident commercial wholesalers engaged in delivering processed seafood product, with proof of purchase, to licensed Mississippi processors, dealers, restaurants or retailers;

(c) Nonresident commercial wholesalers engaged in delivering unprocessed seafood product, with proof of purchase, to licensed Mississippi processors or dealers.

(d) Contract carriers engaged in the import and export of seafood product, with proof of purchase, to and from licensed Mississippi processors.

(e) Restaurants and retailers receiving processed seafood product, with proof of purchase, from a licensed resident or nonresident commercial wholesaler, and selling to the end user.
Miss. Code Ann. § 49-17-525 — MS Code / Title 49 / Chapter 6 / Section 17-525
Miss. Code Ann. § 49-17-525
Status: in_force

(1)(a) There is created in the State Treasury a fund to be designated as the Lead-Based Paint Program Operations Fund, referred to in this section as “fund,” to be administered by the executive director and expended by appropriation approved by the Legislature.

(b) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the administration, educational outreach and enforcement of the lead-based paint activity accreditation and certification program.

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

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

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

(f) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year to be expended by appropriation approved by the Legislature.

(2)(a) The commission shall set by order a schedule of fees for the accreditation of training programs, issuance and reissuance of certificates and lead-based paint abatement and renovation projects. The commission shall graduate fee levels to reflect the type of certificate and the size of the project, as the case may be.

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

(c) The commission may delegate to the department responsibility for the collection of fees under this section.

(d) Any person required to pay a fee under this section who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Section 49-17-35, Mississippi Code of 1972 . Any hearing shall be in accordance with the provisions of Section 49-17-33, Mississippi Code of 1972 .

(e) Fees collected under this section shall not supplant or reduce in any way the general fund appropriation to the department.
Miss. Code Ann. § 49-28-13 — MS Code / Title 49 / Chapter 11 / Section 28-13
Miss. Code Ann. § 49-28-13
Status: in_force

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the board of supervisors may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors. However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution creating the district, the creation of the district shall be final and shall not be subject to attack in any court after that time.
Miss. Code Ann. § 49-28-7 — MS Code / Title 49 / Chapter 13 / Section 28-7
Miss. Code Ann. § 49-28-7
Status: in_force

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

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

“FOR CREATION OF __________ DISTRICT: ( )

AGAINST CREATION OF __________ DISTRICT: ( ).”

Voters shall vote by placing a cross mark (x) or check mark (✓) opposite their choice.
Miss. Code Ann. § 49-17-527 — MS Code / Title 49 / Chapter 3 / Section 17-527
Miss. Code Ann. § 49-17-527
Status: in_force

It is unlawful to:

(a) Fail or refuse to comply with any rule, regulation or order of the commission issued under Sections 49-17-501 through 49-17-531 ;

(b) Fail or refuse to establish, maintain, provide, copy, or permit access to records or reports as required by Sections 49-17-501 through 49-17-531 regulations adopted under Sections 49-17-501 through 49-17-531 ;

(c) Fail or refuse to permit entry or inspection as required by Sections 49-17-501 through 49-17-531 or regulations adopted under Sections 49-17-501 through 49-17-531 ;

(d) Obtain certification through fraudulent representation;

(e) Fail to obtain certification from the commission or the United States Environmental Protection Agency and perform work requiring certification at a job site; or

(f) Fraudulently obtain certification and engage in any lead-based paint activities requiring certification.
Miss. Code Ann. § 49-27-37 — MS Code / Title 49 / Chapter 11 / 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. § 49-25-11 — MS Code / Title 49 / Chapter 19 / Section 25-11
Miss. Code Ann. § 49-25-11
Status: in_force

The State Highway Commission shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this chapter.
Miss. Code Ann. § 49-5-115 — MS Code / Title 49 / Chapter 5 / Section 5-115
Miss. Code Ann. § 49-5-115
Status: in_force

(a) Any person who violates the provisions of subsection (c) of Section 49-5-107 , or any regulations issued under Section 49-5-107 or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a Class I violation and punished as provided in Section 49-7-141 .

(b) Any person who violates the provisions of subsection (c) of Section 49-5-109 , or any regulations issued pursuant thereto or whoever fails to procure or violates the terms of any permit issued under subsections (d) and (e) of Section 49-5-111 is guilty of a Class I violation and is punishable as provided under Section 49-7-141 .

(c) All law enforcement and management officers of the commission and other law enforcement officers authorized to enforce the laws of the State of Mississippi are authorized to carry out the provisions of Sections 49-5-101 through 49-5-119 . Any officer or agent may, without warrant, arrest any person who the officer or agent has probable cause to believe is violating, in his presence or view, any section, regulation or permit provided for by Sections 49-5-101 through 49-5-119 . An officer or agent who has made an arrest of a person for any such violation may search the person or business records at the time of arrest and seize any wildlife, records, or property taken, or used in connection with the violation.

(d) Equipment, merchandise, wildlife, or records seized under subsection (c) of this section shall be held by an officer or agent of the commission pending disposition of court proceedings, and may be forfeited to the state for destruction or disposition as the commission may deem appropriate. Prior to forfeiture, the commission may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs thereof to be assessable to the defendant. The commission is authorized to issue regulations to implement this subsection.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 17 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

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

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

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-27-17 — MS Code / Title 49 / Chapter 4 / Section 27-17
Miss. Code Ann. § 49-27-17
Status: in_force

The following parties shall be notified of a hearing by the commission by mail prior to the date set for the hearing, but a failure to meet this requirement shall not invalidate any permit granted thereafter:

(a) All of those parties who are entitled to receive a copy of such application in accordance with Section 47-27-13 1 of this chapter; and

(b) All known present owners of record of adjacent land as reflected by current tax assessment rolls and all known claimants to water or riparian rights in or adjacent to the coastal wetlands affected.
Miss. Code Ann. § 49-7-171 — MS Code / Title 49 / Chapter 1 / Section 7-171
Miss. Code Ann. § 49-7-171
Status: in_force

Before approving and allocating funds for a proposed project to be undertaken outside this state or outside the United States, the commission shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project.
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 4 / Section 17-531
Miss. Code Ann. § 49-17-531
Status: in_force

The commission may establish requirements for reciprocity for accreditation and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicans 1 , inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the requirements established by the commission for accreditation and certification in this state.
Miss. Code Ann. § 49-17-701 — MS Code / Title 49 / Chapter 13 / Section 17-701
Miss. Code Ann. § 49-17-701
Status: in_force

Sections 49-17-701 through 49-17-775 shall be known and may be cited as the “Mississippi Gulf Coast Region Utility Act.”
Miss. Code Ann. § 49-17-601 — MS Code / Title 49 / Chapter 13 / 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. § 49-17-751 — MS Code / Title 49 / Chapter 5 / Section 17-751
Miss. Code Ann. § 49-17-751
Status: in_force

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

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

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

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

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

(b) Such action is in the public interest.

(5) The county authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the county authority of such provider's powers, duties, responsibilities, assets and debts.
Miss. Code Ann. § 49-13-1 — MS Code / Title 49 / Chapter 11 / Section 13-1
Miss. Code Ann. § 49-13-1
Status: in_force

This chapter may be cited as the Mississippi Commercial Quail Law.
Miss. Code Ann. § 49-31-7 — MS Code / Title 49 / Chapter 26 / Section 31-7
Miss. Code Ann. § 49-31-7
Status: in_force

The purposes of this chapter are:

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

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

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

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

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

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

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

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

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

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

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

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

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

(n) To provide for the funding of the Mississippi Multimedia Pollution Prevention Program through the establishment of a pollution prevention fee.
Miss. Code Ann. § 49-17-69 — MS Code / Title 49 / Chapter 5 / Section 17-69
Miss. Code Ann. § 49-17-69
Status: in_force

(1) Any political subdivision desiring to construct a waste disposal plant approved by the Office of Pollution Control of the Department of Environmental Quality and which receives a loan from the state for that purpose but which is not eligible to pledge for repayment under the provisions of Sections 49-17-65 and 49-17-67 , shall repay the loan by making payments each month to the State Treasurer through the Department of Environmental Quality according to the provisions of Section 7-7-15 , to be credited to the appropriate fund in lieu of pledging sales tax reimbursements.

(2) The repayment shall be according to a schedule prepared by the State Tax Commission in the same manner as such schedules are prepared for the state's other political subdivisions. The repayment schedule shall provide for monthly payments, the largest of which shall not exceed the average monthly payment for the term of years of the contract by more than fifteen percent (15%). The repayment schedule shall provide for the repayment of all funds received within no more than twenty (20) years from the date the loan is actually received by the political subdivision; however, the repayment schedule and the time for repayment of all funds received on loans renegotiated under Section 49-17-61(6) shall be modified by the State Tax Commission to conform with the terms of the renegotiated loan. The political subdivision shall remit its monthly payment by the twentieth of the month to the Department of Environmental Quality and the payments shall be made prior to the payments of principal or interest on any bonds issued by the political subdivision in connection with the project or projects to which the pollution abatement loans are made.

(3) The State Auditor shall annually audit the receipts and expenditures of each district whose monthly payments are to be received by him, and if he should find such political subdivision in arrears for two (2) consecutive years, he shall immediately begin withholding from funds due the taxing district in which the political subdivision is located, under the provisions of Section 27-33-41(g) and (h) , an amount equal to twelve (12) times the largest monthly payment due and issue his warrant for such amount to either one (1) of the two (2) special funds as directed below.

(4) The repayment schedule provided for in this section shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.

(5) When bonds shall have been issued by the State of Mississippi to generate funds to be used for loans to be made under the provisions of Section 49-17-61 , all payments made in repayment under this section shall be deposited into the Water Pollution Abatement Bond Fund established under the provisions of Section 49-17-61 so long as any such bonds shall be outstanding and unpaid.

(6) When all such bonds shall have been paid, the payments shall be deposited in the Water Pollution Abatement Loan Fund (“loan fund”) established under the provisions of Section 49-17-61 .

(7) When no such bonds shall be outstanding and unpaid, the payments shall be deposited in the loan fund.

(8) Funds on deposit in the loan fund may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature.
Miss. Code Ann. § 49-15-49 — MS Code / Title 49 / Chapter 15 / Section 15-49
Miss. Code Ann. § 49-15-49
Status: in_force

The Mississippi Department of Marine Resources' oyster check station located at the Pass Christian Harbor, Pass Christian, Mississippi, shall be named the Colonel George J. Wright, Sr., building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque to be placed in a prominent place within the Colonel George J. Wright, Sr., building, which states the background, accomplishments and public health service to the state and nation of Colonel George J. Wright, Sr.