Miss. Code Ann. § 49-18-3 — MS Code / Title 49 / Chapter 3 / 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. § 49-25-7 — MS Code / Title 49 / Chapter 2 / 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. § 49-15-38 — MS Code / Title 49 / Chapter 15 / Section 15-38
Miss. Code Ann. § 49-15-38
Status: in_force

(1)(a) Unless otherwise permitted by the department, no oysters shall be taken from state-owned reefs unless culled, and all oysters less than three (3) inches from end to end, and all dead shells, shall be replaced, scattered and broadcast immediately on the reefs from which they are taken. It is unlawful for any captain or person in charge of any vessel, or any canner, packer, commission man, dealer or other person to purchase, sell or to have in that person's possession or under that person's control any oysters off the state-owned reefs or private bedding grounds not culled according to this section, or any oysters under the legal size. A ten percent (10%) tolerance shall be allowed in relation to any culling.

(b) The department may authorize the culling of oysters of a lesser measure. That authorization shall be in response to special circumstances or extreme natural conditions affecting the habitat, including, but not limited to, flooding. The department may establish checkpoints in any area within its jurisdiction to conduct inspections, collect fees and issue tags in the enforcement of this chapter and regulations adopted by the commission.

(2) The department shall acquire and replant shells, seed oysters and other materials, when funding is available, for the purpose of growing oysters.

(3) Any person, firm or corporation failing or refusing to pay the shell retention fee required under Section 49-15-46 to the department when called for by the department, is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for each sack of shells for which they fail or refuse to tender the shell retention fee. In addition to the fine, the violator shall pay the reasonable value of the oyster shells and shall be ineligible to be licensed for any activity set forth in this chapter for a period of two (2) years from the date of conviction.

(4) The planting of oyster shells as provided under this chapter shall be under the direction and supervision of the executive director of the department.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 15 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 26 / 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. § 49-15-64.5 — MS Code / Title 49 / Chapter 3 / Section 15-64.5
Miss. Code Ann. § 49-15-64.5
Status: in_force

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

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

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

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

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

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

(3) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.
Miss. Code Ann. § 49-15-303 — MS Code / Title 49 / Chapter 3 / Section 15-303
Miss. Code Ann. § 49-15-303
Status: in_force

The advisory commission shall have the following powers and duties:

(a) To advise the department regarding marine resources within the jurisdiction of the department;

(b) To advise the executive director on whether to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission; and

(c) To advise the department on whether to adopt, amend or repeal any rules and regulations necessary for the operation of the department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood.
Miss. Code Ann. § 49-17-68 — MS Code / Title 49 / Chapter 13 / Section 17-68
Miss. Code Ann. § 49-17-68
Status: in_force

The Pollution Emergency Fund is hereby created in the State Treasury. All fines, penalties or other money recovered or collected by the commission under Sections 17-17-29 and 49-17-43 shall be deposited into appropriate accounts in such fund. The commission is further authorized to receive and accept additional funds from any other source to be deposited into the Pollution Emergency Fund. The commission is authorized to utilize any funds in the Pollution Emergency Fund for the purpose of mitigation, abatement, clean-up or other remedial actions and related technical investigations involving the introduction of pollutants, including hazardous wastes, upon or into the land, air or waters of this state and may be used for the purpose of providing the required state matching funds to assist the U.S. Environmental Protection Agency in furtherance of its remedial clean-up program. When the acceptance of such funds by the commission is conditioned on the return of those funds to the grantor after use and recovery, such funds shall be returned to the grantor.
Miss. Code Ann. § 49-19-149 — MS Code / Title 49 / Chapter 13 / Section 19-149
Miss. Code Ann. § 49-19-149
Status: in_force

Among the other rights and powers conferred by Sections 49-19-141 to 49-19-149 , but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefore under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Miss. Code Ann. § 49-27-45 — MS Code / Title 49 / Chapter 1 / Section 27-45
Miss. Code Ann. § 49-27-45
Status: in_force

If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take such evidence as it may direct and report the same to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-19-7 — MS Code / Title 49 / Chapter 13 / Section 19-7
Miss. Code Ann. § 49-19-7
Status: in_force

(1) The Mississippi Forestry Commission shall keep itself informed as to the known varieties of pine beetles and other timber insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment, control and eradication. The commission shall from time to time make rules and regulations for carrying out the provisions and requirements of this section, including rules and regulations under which its employees shall (1) inspect places, timber, and timber products, and other things and substances used or connected therewith, (2) investigate, control, eradicate and prevent the dissemination of pine beetles and other timber insect pests and diseases, and (3) supervise or cause the treatment, cutting and destruction of timber or timber products and other things infested or infected therewith. The commission's employees shall have authority to carry out and execute the regulations and orders of the commission and shall have authority, under direction of the commission, to carry out provisions of this section.

(2) The Mississippi Forestry Commission and its employees shall have the authority to enter upon any and all timber lands for the purpose of carrying out the provisions of this section.

(3) All known varieties of pine beetles and other insect pests and diseases infesting or infecting or likely to infest or infect timber or timber products in this state shall be listed by the state forestry commission, and every such variety of pine beetle and every such insect pest or disease listed and all timber and timber products infested or infected therewith are hereby declared to be a public nuisance.

(4) Before entering upon any lands for the purpose of removing any infested or infected timber having a value in excess of one hundred dollars ($100.00), where the owner of such land will not cause the removal of such infested or infected timber, the forestry commission shall first secure an order of the chancery court in term time or in vacation authorizing the commission to effect such removal. Process on any resident owner in any such proceeding shall be served as other process, and process on any non-resident owner shall be had by mailing such process by registered mail, return receipt requested, to the last known address of such non-resident or by publication in three weekly issues of a newspaper published in the county where such timber land is located if no mailing address is known. Any hearing under provisions of this section may be set at any time five days after date of service of process, or in case of publication five days after completion of such publication.

(5) It is the purpose of this section to authorize and empower the state forestry commission to control disease or insect infections or infestations in timber and timber products within this state. It is not the purpose of this section to transfer any powers from the state plant board to the state forestry commission. Use of the word “timber” shall be deemed to refer to such trees as are normally used in the manufacture of lumber and the term “timber products” shall be deemed to refer to products manufactured from such trees normally used in the manufacture of lumber.
Miss. Code Ann. § 49-15-1 — MS Code / Title 49 / Chapter 2 / 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. § 49-15-64.4 — MS Code / Title 49 / Chapter 5 / Section 15-64.4
Miss. Code Ann. § 49-15-64.4
Status: in_force

(1) Each live bait catcher boat engaged in taking live bait shrimp shall pay an annual privilege tax of One Hundred Dollars ($100.00) for each boat engaged in those operations. The operations shall not exceed two (2) boats per license.

(2) Each “live bait dealer” engaging in selling or otherwise dispensing live bait to sport fishermen shall pay an annual privilege tax of Fifty Dollars ($50.00) and must make written application to the commission providing the name of the applicant's “live bait catcher boat,” the name of the captain of that “live bait catcher boat,” the dealer's Mississippi state sales tax number and a sworn statement that dead shrimp will not be sold in containers having a volume in excess of sixteen (16) ounces. Licensed live bait catcher boats and licensed live bait dealers shall not operate as commercial shrimpers or commercial shrimp dealers or otherwise engage in commercial shrimping operations. Live bait dealers shall only sell or otherwise dispose of bait shrimp when alive or dead with heads attached solely as bait to recreational fishermen or other licensed live bait dealers as regulated by the commission. Only licensed commercial shrimpers may transport shrimp across the state line for the purpose of selling or delivering live bait to another state. Any person, firm or corporation found guilty of purchasing shrimp from a live bait camp or live bait catcher boat, other than for the purpose described in this section, shall be fined Five Thousand Dollars ($5,000.00) for the first offense and shall be fined Ten Thousand Dollars ($10,000.00) and forfeit all seafood licenses for a second or subsequent offense. In addition, each application for a “live bait dealer” license shall contain a statement of the operating hours, at least eight (8) per twenty-four-hour period, and the location of the camp which must be accessible to the general public by public road or waters located within the three (3) coastal counties. Applications for a live bait camp may be submitted anytime. Live bait camps may be inspected within thirty (30) days after receipt of the completed application. Any “live bait dealer” desiring to engage in the catching of live shrimp in one (1) location and then transporting them to the dealer's licensed live bait camp by truck shall first make written application to the commission providing the make and model of the truck, a Mississippi license tag number and shall be responsible for its adherence to all regulations duly adopted by the commission for the transportation of live bait shrimp. Upon receipt of the application, the commission shall verify that the applicant is in compliance with all applicable laws and regulations and after that verification the commission shall issue a permit authorizing the transportation of live shrimp.
Miss. Code Ann. § 49-27-5 — MS Code / Title 49 / Chapter 27 / Section 27-5
Miss. Code Ann. § 49-27-5
Status: in_force

(a) “ Coastal wetlands ” means all publicly-owned lands subject to the ebb and flow of the tide; which are below the ordinary high water mark; all publicly-owned accretions above the ordinary high water mark and all publicly-owned submerged water-bottoms below the ordinary high water mark and includes the flora and fauna on the wetlands and in the wetlands.

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

(c) “ Regulated activity ” means any of the following activities:

(i) The dredging, excavating or removing of soil, mud, sand, gravel, flora, fauna or aggregate of any kind from any coastal wetland;

(ii) The dumping, filling or depositing of any soil, stones, sand, gravel, mud, aggregate of any kind or garbage, either directly or indirectly, on or in any coastal wetlands;

(iii) Killing or materially damaging any flora or fauna on or in any coastal wetland;

(iv) The erection on coastal wetlands of structures which materially affect the ebb and flow of the tide; and

(v) The erection of any structure or structures on suitable sites for water dependent industry.

(d) “ Dredging ” means the removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from coastal wetlands.

(e) “ Executive director ” means the Executive Director of the Department of Marine Resources.

(f) “ Filling ” means either the displacement of waters by the deposition into coastal wetlands of soil, sand, gravel, shells or other material; or the artificial alteration of water levels or water currents by physical structures, drainage ditches or otherwise.

(g) “ Person ” means any natural person, partnership, joint stock company, corporation, unincorporated association or society, or the state and any agency thereof, or any county, municipality or political subdivision, or any other corporation of any character whatsoever.

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

(i) “ Water dependent industry ” means those commercial, industrial or manufacturing activities which, for purposes basic to their existence must occur or locate on or adjacent to the estuaries, sounds, channels, shores or marshlands of the coast. “ Suitable sites for water dependent industry ” means those areas of land which are suitable for the development of water dependent industry because of their proximity to waters of navigable depth, size and configuration, topography, soil conditions and access to other means of transportation. After consultation with local governments, port authorities, development commissions, port and harbor commissions and other interested parties, and after full consideration of zoning ordinances duly adopted by local governments, the department shall designate those sites it deems suitable for water dependent industry. The definition of “suitable sites for water dependent industry” shall be limited to, but not necessarily inclusive of, waterfront sites owned by county port authorities, development commissions and port and harbor commissions, and to areas that are now or are later made to be within one thousand (1,000) feet of the centerline of any natural or maintained channel having a depth of seven (7) feet or greater at mean low water. However, additional sites may be included in the definition of suitable sites for water dependent industry with the concurrence of the board of supervisors in the county affected.

(j) “ Ordinary High Water Mark (OHWM) ” means a mark on the shore determined by the department staff, established by fluctuations in water level and indicated by physical and biological characteristics including, but not limited to, water stains, changes in the character of the soil, scour lines, presence of debris lines, changes in plant communities and other appropriate means that consider the characteristics of the surrounding area. The determination of OHWM shall not be made by the department staff during high tide where the above referenced characteristics are not observable. OHWM is not the same as mean high water and shall not be used for determination of the boundary between private property and public trust tidelands or for any purpose other than regulated activity as defined in this section.
Miss. Code Ann. § 49-15-17 — MS Code / Title 49 / Chapter 5 / Section 15-17
Miss. Code Ann. § 49-15-17
Status: in_force

(1)(a) All monies received or obtained by the department under the provisions of this chapter shall be paid over by the department to the State Treasurer and shall be deposited into the fund known as the “Seafood Fund.” All revenues collected through the department, to include, but not limited to, commercial saltwater licenses and taxes, permits, fines and penalties, and confiscated catches, shall be deposited into the department operating account (Seafood Fund) and expended for the operation of the department, as authorized by the Legislature.

(b) There is established a special account to be known as the “Artificial Reef Program Account” within the Seafood Fund. Any funds received from any public or private source for the purpose of promoting, constructing, monitoring or maintaining artificial reefs in the marine waters of the state or in federal waters adjacent to the marine waters of the state shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purpose of the account.

(c) There is established a special account to be known as the “Coastal Preserve Account” within the Seafood Fund. Any funds received from any public or private source for the purpose of management, improvement and acquisition of coastal preserves in the state and money required to be deposited pursuant to Sections 27-19-56.10 and 27-19-56.27 , shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, for the management, improvement and acquisition of coastal preserves.

(d) There is established a special account to be known as the “Mississippi Seafood Marketing Program Account” within the Seafood Fund. Monies required to be deposited into the account under Section 27-19-56.27 and any funds received from any public or private source for the purpose of promoting the Mississippi seafood industry must be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year do not lapse into the Seafood Fund, but remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purposes of this account, including, but not limited to, providing funds for cobia stock enhancement programs.

(e) There is established a special account to be known as the “Oyster Production Preserve Account” within the Seafood Fund. Monies required to be deposited from oyster leasing and licensing payments under Section 49-15-27 , sack fees, and any funds received from any public or private source for the purpose of oyster production and propagation in this state, which includes plantings of oysters and cultch materials, shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to specific appropriation by the Legislature, for the management, improvement and acquisition of permittable property for oyster production and propagation in the state, which includes plantings of oysters and cultch materials. The Department of Marine Resources shall develop an annual report to the Legislature which describes the annual expenditures from this fund for the purpose of furthering oyster production and propagation in this state to be included in the department's annual budget request to the Legislative Budget Office and to be transmitted to the Chairmen of the Senate and House Committees on Ports and Marine Resources.

(2) The fund shall be treated as a special trust fund and interest earned on the principal shall be credited to the fund.

(3) The department shall keep accurate reports of monies handled as a part of the permanent records of the department, and the State Treasurer shall furnish the department such forms as may be needed, and the department shall account for such forms in reports to the Treasurer.
Miss. Code Ann. § 49-17-517 — MS Code / Title 49 / Chapter 6 / Section 17-517
Miss. Code Ann. § 49-17-517
Status: in_force

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

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

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

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

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-27-37 — MS Code / Title 49 / Chapter 23 / 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. § 49-26-1 — MS Code / Title 49 / Chapter 2 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-27-29 — MS Code / Title 49 / Chapter 2 / Section 27-29
Miss. Code Ann. § 49-27-29
Status: in_force

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 1 / 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. § 49-17-433 — MS Code / Title 49 / Chapter 3 / Section 17-433
Miss. Code Ann. § 49-17-433
Status: in_force

The provisions of Sections 49-17-401 through 49-17-433 are severable. If any part of Sections 49-17-401 through 49-17-433 is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Miss. Code Ann. § 49-19-1 — MS Code / Title 49 / Chapter 13 / 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. § 49-17-427 — MS Code / Title 49 / Chapter 13 / Section 17-427
Miss. Code Ann. § 49-17-427
Status: in_force

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

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

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

(a) The willfulness of the violation;

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

(c) Costs of restoration or abatement;

(d) Economic benefit as a result of noncompliance;

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

(f) Past performance history; and

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

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

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

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

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

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

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

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

(4) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-17-1 — MS Code / Title 49 / Chapter 9 / Section 17-1
Miss. Code Ann. § 49-17-1
Status: in_force

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 7 / 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. § 49-17-755 — MS Code / Title 49 / Chapter 17 / Section 17-755
Miss. Code Ann. § 49-17-755
Status: in_force

(1) Sections 49-17-753 through 49-17-771 apply to all bonds to be issued after April 18, 2006, and such provisions shall not affect, limit or alter the rights and powers of any county authority under this act or any law of Mississippi to conduct the activities referred to herein in any way pertinent to the interests of the bondholders, including, without limitation, such county authority's right to charge and collect rates, fees and charges and to fulfill the terms of any covenants made with the registered owners of any existing bonds, or in any other way impair the rights and remedies of the registered owners of any existing bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security interest securing the bonds.

(2) The county authority shall have the power and is hereby authorized, from time to time, to borrow money and to issue revenue bonds and interim notes in such principal amounts as the county authority may determine to be necessary to provide sufficient funds for achieving one or more of the purposes of this act, including, without limiting the generality of the foregoing, to defray all the costs of the project, the cost of the acquisition, construction, improvement, repair or extension of a system, or any part thereof, whether or not such facilities are owned by the county authority, the payment of interest on bonds of the county authority issued pursuant to this act, establishment of reserves to secure such bonds and payment of the interest thereon, expenses incident to the issuance of such bonds and to the implementation of the county authority's system, and all other expenditures of the county authority incident to or necessary or convenient to carry out the purposes of this act.

(3) Before issuing bonds, other than interim notes or refunding bonds as provided in Section 49-17-757 , the board of directors of the county authority shall adopt a resolution declaring its intention to issue such bonds and stating the maximum principal amount of bonds proposed to be issued, a general generic description of the proposed improvements and the proposed location thereof and the date, time and place at which the board of directors proposes to take further action with respect to the issuance of such bonds. The resolution of the county authority shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having a general circulation within the geographical limits of all of the public agencies which have contracted with the county authority pursuant to this act.

(4) Bonds of the county authority issued pursuant to this act shall be payable from and secured by a pledge of all or any part of the revenues under one or more contracts entered into pursuant to this act between the county authority and one or more of its contracting public agencies and from all or any part of the revenues derived from the operation of any designated system or any part or parts thereof and any other monies legally available and designated therefor, as may be determined by such county authority, subject only to any agreement with the purchasers of the bonds. Such bonds may be further secured by a trust indenture between such county authority and a corporate trustee, which may be any trust company or bank having powers of a trust company without or within the state.

(5) Bonds of the county authority issued pursuant to this act shall be authorized by a resolution or resolutions adopted by a majority affirmative vote of the total membership of the board of directors of the county authority. Such bonds may be issued in series, and each series of such bonds shall bear such date or dates, mature at such time or times, bear interest at such rate or rates (not exceeding the maximum rate set out in Section 75-17-103, Mississippi Code of 1972 ), be in such denomination or denominations, be in such form, carry such conversion privileges, have such rank or priority, be executed in such manner and by such officers, be payable from such sources in such medium of payment at such place or places within or without the state, provided that one such place shall be within the state, and be subject to such terms of redemption prior to maturity, all as may be provided by resolution or resolutions of the board of directors. The term of such bonds issued pursuant to this act shall not exceed forty (40) years.

(6) Bonds of the county authority issued pursuant to this act may be sold at such price or prices, at public or private sale, in such manner and at such times as may be determined by such county authority to be in the public interest, and such county authority may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with the issuance and sale thereof.

(7) Any pledge of earnings, revenues or other monies made by the county authority shall be valid and binding from the time the pledge is made. The earnings, revenues or other monies so pledged and thereafter received by such county authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against such county authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

(8) Neither the members of the board of directors nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(9) Proceeds from the sale of bonds of the county authority may be invested, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earnings on such investments applied as provided in such resolution or trust indenture.

(10) Whenever any bonds shall have been signed by the officer(s) designated by the resolution of the board of directors to sign the bonds who were in office at the time of such signing but who may have ceased to be such officer(s) prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the manual or facsimile signatures of such officer(s) upon such bonds shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially executing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

(11) The county authority has the discretion to advance or borrow funds needed to satisfy any short-term cash flow demands or deficiencies or to cover start-up costs until such time as sufficient bonds, assets and revenues have been secured to satisfy the needs of the county authority.
Miss. Code Ann. § 49-3-13 — MS Code / Title 49 / Chapter 3 / Section 3-13
Miss. Code Ann. § 49-3-13
Status: in_force

The laboratory personnel shall cooperate fully with the colleges and universities of the state, the Mississippi State Department of Agriculture and Commerce, and the Mississippi Department of Wildlife, Fisheries and Parks in an effort to fully effectuate the purpose of this chapter. All state agencies and departments are hereby authorized and directed to give the laboratory and its personnel their full cooperation in every possible manner.
Miss. Code Ann. § 49-7-97 — MS Code / Title 49 / Chapter 5 / Section 7-97
Miss. Code Ann. § 49-7-97
Status: in_force

Any public officer who wilfully fails to perform any duty imposed by law or by any lawful rule or regulation of the commission, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.
Miss. Code Ann. § 49-35-17 — MS Code / Title 49 / Chapter 33 / 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. § 49-27-39 — MS Code / Title 49 / Chapter 9 / Section 27-39
Miss. Code Ann. § 49-27-39
Status: in_force

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

(b) If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council's order.
Miss. Code Ann. § 49-19-173 — MS Code / Title 49 / Chapter 18 / Section 19-173
Miss. Code Ann. § 49-19-173
Status: in_force

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when the compact shall have been ratified by one or more of the states named in Section 49-19-171 , then the compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Miss. Code Ann. § 49-19-307 — MS Code / Title 49 / Chapter 7 / Section 19-307
Miss. Code Ann. § 49-19-307
Status: in_force

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

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

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

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

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

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

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

(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972 .
Miss. Code Ann. § 49-5-43 — MS Code / Title 49 / Chapter 3 / Section 5-43
Miss. Code Ann. § 49-5-43
Status: in_force

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

(2) It shall be the duty of the conservation officer, sheriff, constable and city, town and village officers within the county to arrest, with or without process, any person whom they may know or have good reason to believe is violating the provisions of Section 49-5-5 and shall take them before the proper justice of the peace or other officer to be dealt with according to law. Any private person may arrest any person violating the above section in his presence.
Miss. Code Ann. § 49-21-1 — MS Code / Title 49 / Chapter 6 / Section 21-1
Miss. Code Ann. § 49-21-1
Status: reserved

The Interstate Environmental Compact is hereby enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows:

ARTICLE 1. Findings, Purposes and Reservations of Power.

(1) Findings.

Signatory states hereby find and declare:

(a) The environment of every state is affected with local, state, regional and national interests and its protection, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatories.

(b) Certain environmental pollution problems transcend state boundaries and thereby become common to adjacent states requiring cooperative efforts.

(c) The environment of each state is subject to the effective control of the signatories, and coordinated, cooperative or joint exercise of control measures is in their common interests.

(2) Purposes.

The purposes of the signatories in enacting this compact are:

(a) To assist and participate in the national environment protection programs as set forth in federal legislation; to promote intergovernmental cooperation for multistate action relating to environmental protection through interstate agreements; and to encourage cooperative and coordinated environmental protection by the signatories and the federal government;

(b) To preserve and utilize the functions, powers and duties of existing state agencies of government to the maximum extent possible consistent with the purposes of the compact.

(3) Powers of the United States.

(a) Nothing contained in this compact shall impair, affect or extend the constitutional authority of the United States.

(b) The signatories hereby recognize the power and right of the Congress of the United States at any time by any statute expressly enacted for that purpose to revise the terms and conditions of its consent.

(4) Powers of the States.

Nothing contained in this compact shall impair or extend the constitutional authority of any signatory state, nor shall the police powers of any signatory state be affected except as expressly provided in a supplementary agreement under Article 4.

ARTICLE 2. Short Title, Definitions, Purposes and Limitations.

(1) Short Title. This compact shall be known and may be cited as the Interstate Environmental Compact.

(2) Definitions. -For the purpose of this compact and of any supplemental or concurring legislation enacted pursuant or in relation hereto, except as may be otherwise required by the context:

(a) “State” shall mean any one of the fifty states of the United States of America and its territories and possessions.

(b) “Interstate environment pollution” shall mean any pollution of a stream or body of water crossing or marking a state boundary, interstate air quality control region designated by an appropriate federal agency or solid waste collection and disposal district or program involving the jurisdiction or territories of more than one state.

(c) “Government” shall mean the governments of the United States and the signatory states.

(d) “Federal government” shall mean the government of the United States of America and any appropriate department, instrumentality, agency, commission, bureau, division, branch or other unit thereof, as the case may be, but shall not include the District of Columbia.

(e) “Signator” shall mean any state which enters into this compact and is a party thereto.

ARTICLE 3. Intergovernmental Cooperation.

(1) Agreements with the Federal Government and other Agencies.

Signatory states are hereby authorized jointly to participate in cooperative or joint undertakings for the protection of the interstate environment with the federal government or with any intergovernmental or interstate agencies.

ARTICLE 4. Supplementary Agreements, Jurisdiction and Enforcement.

(1) Signatories may enter into agreements for the purpose of controlling interstate environmental problems in accordance with applicable federal legislation and under terms and conditions as deemed appropriate by the agreeing states under paragraph (6) and paragraph (8) of this article.

(2) Recognition of Existing Non-Environmental Intergovernmental Arrangements. The signatories agree that existing federal-state, interstate or intergovernmental arrangements which are not primarily directed to environmental protection purposes as defined herein are not affected by this compact.

(3) Recognition of Existing Intergovernmental Agreements Directed to Environmental Objectives. All existing interstate compacts directly relating to environmental protection are hereby expressly recognized and nothing in this compact shall be construed to diminish or supersede the powers and functions of such existing intergovernmental agreements and the organizations created by them.

(4) Modification of Existing Commissions and Compacts. Recognition herein of multistate commissions and compacts shall not be construed to limit directly or indirectly the creation of additional multistate organizations or interstate compacts, nor to prevent termination, modification, extension, or supplementation of such multistate organizations and interstate compacts recognized herein by the federal government or states party thereto.

(5) Recognition of Future Multistate Commissions and Interstate Compacts. Nothing in this compact shall be construed to prevent signatories from entering into multistate organizations or other interstate compacts which do not conflict with their obligations under this compact.

(6) Supplementary Agreements. Any two or more signatories may enter into supplementary agreements for joint, coordinated or mutual environmental management activities relating to interstate pollution problems common to the territories of such states and for the establishment of common or joint regulation, management, services, agencies or facilities for such purposes or may designate an appropriate agency to act as their joint agency in regard thereto. No supplementary agreement shall be valid to the extent that it conflicts with the purposes of this compact and the creation of a joint agency by supplementary agreement shall not affect the privileges, powers, responsibilities or duties under this compact of signatories participating therein as embodied in this compact.

(7) Execution of Supplementary Agreements and Effective Date. The governor is authorized to enter into supplementary agreements for the state and his official signature shall render the agreement immediately binding upon the state:

Provided that:

(a) The legislature of any signatory entering into such a supplementary agreement shall at its next legislative session by concurrent resolution bring the supplementary agreement before it and by appropriate legislative action approve, reverse, modify or condition the agreement of that state.

(b) Nothing in this agreement shall be construed to limit the right of congress by act of law expressly enacted for that purpose to disapprove or condition such a supplementary agreement.

(8) Special Supplementary Agreements. Signatories may enter into special supplementary agreement with foreign nations for the same purposes and with the same powers as under paragraph (6), article 4, upon the conditions that such non-signatory party accept the general obligations of signatories under this compact. Provided, that such special supplementary agreements shall become effective only after being consented to by the congress.

(9) Jurisdiction of Signatories Reserved. Nothing in this compact or in any supplementary agreement thereunder shall be construed to restrict, relinquish or be in derogation of, any power or authority constitutionally possessed by any signatory within its jurisdiction, except as specifically limited by this compact or a supplementary agreement.

(10) Complementary Legislation by Signatories. Signatories may enact such additional legislation as may be deemed appropriate to enable its officers and governmental agencies to accomplish effectively the purposes of this compact and supplementary agreements recognized or entered into under the terms of this article.

(11) Legal Rights of Signatories. Nothing in this compact shall impair the exercise by any signatory of its legal rights or remedies established by the United States Constitution or any other laws of this nation.

ARTICLE 5. Construction, Amendment and Effective Date.

(1) Construction. It is the intent of the signatories that no provision of this compact or supplementary agreement entered into hereunder shall be construed as invalidating any provision of law of any signatory and that nothing in this compact shall be construed to modify or qualify the authority of any signatory to enact or enforce environmental protection legislation within its jurisdiction and not inconsistent with any provision of this compact or a supplementary agreement entered into pursuant hereto.

(2) Severability. The provisions of this compact or of agreements hereunder shall be severable and if any phrase, clause, sentence or provisions of this compact, or such an agreement is declared to be contrary to the constitution of any signatory or of the United States or is held invalid, the constitutionality of the remainder of this compact or of any agreement and the applicability thereof to any participating jurisdiction, agency, person or circumstance shall not be affected thereby and shall remain in full force and effect as to the remaining participating jurisdictions and in full force and effect as to the signatory affected as to all severable matters. It is the intent of the signatories that the provisions of this compact shall be reasonably and liberally construed in the context of its purposes.

(3) Amendments. Amendments to this compact may be initiated by legislative action of any signatory and become effective when concurred in by all signatories and approved by congress.

(4) Effective Date. This compact shall become binding on a state when enacted by it into law and such state shall thereafter become a signatory and party hereto with any and all states legally joining herein.

(5) Withdrawal from the Compact. A state may withdraw from this compact by authority of an act of its legislature one (1) year after it notifies all signatories in writing of an intention to withdraw from the compact. Provided, withdrawal from the compact affects obligations of a signatory imposed on it by supplementary agreements to which it may be a party only to the extent and in accordance with the terms of such supplementary agreements.
Miss. Code Ann. § 49-35-15 — MS Code / Title 49 / Chapter 15 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-17-703 — MS Code / Title 49 / Chapter 11 / 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. § 49-15-46 — MS Code / Title 49 / Chapter 13 / Section 15-46
Miss. Code Ann. § 49-15-46
Status: in_force

(1) Each vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each in-state vessel or boat used for tonging oysters or gathering oysters by hand;

(b) One Hundred Dollars ($100.00) on each in-state vessel or boat used for dredging oysters;

(c) One Hundred Dollars ($100.00) on each out-of-state vessel or boat used for tonging oysters or gathering oysters by hand, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for tonging or gathering oysters, whichever is greater; or

(d) Two Hundred Dollars ($200.00) on each out-of-state vessel or boat used for dredging oysters, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for dredging oysters, whichever is greater.

(2) Each molluscan shellfish aquaculture operation shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each resident molluscan shellfish aquaculture operation; or

(b) One Hundred Dollars ($100.00) on each nonresident molluscan shellfish aquaculture operation.

(3) The department may authorize the transfer of a vessel license to a different vessel provided that the owner of both vessels is the same titled owner.

(4) All oysters harvested in the State of Mississippi shall be tagged. Tags may be issued by the department or printed by the catcher in compliance with procedures and regulations adopted by the department. Such tags shall bear the catcher's name, the date and origin of the catch, the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record of those tags. The department, in its discretion, may adopt any regulations regarding the tagging of oysters and other shellfish.

(5) Each person catching or taking oysters from the waters of the State of Mississippi for personal use shall obtain a permit from the department and pay an annual recreational oyster permit fee of Ten Dollars ($10.00). Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in subsection (4) of this section for commercially harvested oysters or by regulation of the department.

(6) The department shall assess and collect a shell retention fee for the shells taken from waters within the territorial jurisdiction of the State of Mississippi as follows:

(a) Commercial and recreational harvesters--Fifteen Cents (15¢) per sack paid to the department on the day of harvest;

(b) Initial oyster processor, dealer or factory first purchasing the oysters--Fifteen Cents (15¢) per sack paid to the department no later than the tenth day of the month following the purchase, on forms submitted by the department;

(c) Commercial harvesters transporting their catch out of the state--Fifty Cents (50¢) per sack paid to the department on the day of harvest, in addition to the fees paid in paragraph (a) of this subsection; and

(d) Commercial harvesters not selling their oysters to a Mississippi dealer--Fifteen Cents (15¢) per sack paid to the department on the day of harvest, in addition to fees paid in paragraph (a) of this subsection.

Funds received from the shell retention fee shall be paid into the Oyster Production Preserve Account within the Seafood Fund pursuant to Section 49-15-17(1)(e) for use by the department to further oyster production in this state, which includes plantings of oysters and/or cultch materials.

(7) During open seasons, oysters may be taken only by hands, tongs and dredges.

(8) Vessels licensed under Section 49-15-46 may keep in whole, for personal consumption up to thirty-six (36) blue crabs (portunidae family), per day. This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-27-4.1 — MS Code / Title 49 / Chapter 8 / Section 27-4.1
Miss. Code Ann. § 49-27-4.1
Status: in_force

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

(2) The Mississippi Department of Marine Resources in conjunction with the Office of the Secretary of State are further authorized to erect appropriate markers and signs indicating the location of “Gollott Island” and “Godfather Point” and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Miss. Code Ann. § 49-19-149 — MS Code / Title 49 / Chapter 4 / Section 19-149
Miss. Code Ann. § 49-19-149
Status: in_force

Among the other rights and powers conferred by Sections 49-19-141 to 49-19-149 , but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefore under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Miss. Code Ann. § 49-17-43 — MS Code / Title 49 / Chapter 13 / Section 17-43
Miss. Code Ann. § 49-17-43
Status: in_force

(1) Any person found by the commission violating any of the provisions of Sections 49-17-1 through 49-17-43 , or any rule or regulation or written order of the commission in pursuance thereof or any condition or limitation of a permit, except a permit required under the Solid Wastes Disposal Law of 1974 ( Sections 17-17-1 through 17-17-47 ), shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00), for each violation, such penalty to be assessed and levied by the commission after a hearing as provided hereinabove. Appeals from the imposition of the civil penalty may be taken to the chancery court in the same manner as appeals from orders of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, conditioned, if the judgment shall be affirmed, to pay all costs of the assessment entered against the appellant. Each day upon which a violation occurs shall be deemed a separate and additional violation.

Any person violating any provision of the Solid Wastes Disposal Law of 1974 ( Sections 17-17-1 through 17-17-47 ), any rule or regulation made pursuant to that law, or any order issued by the commission under the authority of that law shall be subject to the penalties provided in Section 17-17-29 .

(2) In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections 49-17-1 through 49-17-43 , rules and regulations in force pursuant thereto, and orders and permits made and issued under those sections, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment as set forth in Section 49-17-27 , it shall not be necessary in such cases that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who violates any of the provisions of, or fails to perform any duty imposed by, Sections 49-17-1 through 49-17-43 or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such sections, and causes the death of fish or other wildlife shall be liable, in addition to the penalties provided in subsections (1) and (2) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife, Fisheries and Parks. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the appropriate county or circuit court of the county in which venue may lie.

(4) Any person who owns or operates facilities which, through misadventure, happenstance or otherwise, cause pollution necessitating immediate remedial or clean-up action shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2) and (3) of this section.

In the event of the necessity for immediate remedial or clean-up action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission as provided above.

(5) It is unlawful for any person to: (a) discharge pollutants in violation of Section 49-17-29 or in violation of any condition or limitation included in a permit issued under Section 49-17-29 or (b) introduce pollutants into publicly owned treatment works in violation of pretreatment standards or in violation of toxic effluent standards; and, upon conviction thereof, such person shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation.

(6) All fines, penalties and other sums recovered or collected by the commission for and in behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under this chapter, and the commission is authorized to receive and accept, from any funds and all available sources whatsoever, additional funds to be deposited in such fund and expended for the purpose of remedial, clean-up or abatement actions involving pollution of the land, air or waters of the state in violation of Sections 49-17-1 through 49-17-43 , any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit.

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

(a) The willfulness of the violation;

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

(c) Costs of restoration and abatement;

(d) Economic benefit as a result of noncompliance;

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

(f) Past performance history; and

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

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

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

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

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

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

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

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

(8) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted thereto.
Miss. Code Ann. § 49-19-35 — MS Code / Title 49 / Chapter 11 / 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. § 49-5-157 — MS Code / Title 49 / Chapter 1 / Section 5-157
Miss. Code Ann. § 49-5-157
Status: in_force

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

(2) The commission shall inspect or provide for the inspection of at least annually, each natural area preserve to insure that the terms of the articles of dedication are being respected.
Miss. Code Ann. § 49-15-109 — MS Code / Title 49 / Chapter 6 / Section 15-109
Miss. Code Ann. § 49-15-109
Status: in_force

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

The auditor of the State of Mississippi is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements, and such other items referring to its financial standing as such auditor may deem proper, and to report the results of such examination to the Governor of the state.
Miss. Code Ann. § 49-25-17 — MS Code / Title 49 / Chapter 11 / 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. § 49-7-31 — MS Code / Title 49 / Chapter 3 / Section 7-31
Miss. Code Ann. § 49-7-31
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The title owner of the land;

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

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

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

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

(6) The commission shall establish and regulate special hunts during velvet hunting season, outside of the regular open season on deer, as provided in Section 49-7-31.6 .
Miss. Code Ann. § 49-19-225 — MS Code / Title 49 / Chapter 2 / Section 19-225
Miss. Code Ann. § 49-19-225
Status: in_force

Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the commission. The commission shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.
Miss. Code Ann. § 49-17-45 — MS Code / Title 49 / Chapter 17 / Section 17-45
Miss. Code Ann. § 49-17-45
Status: in_force

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

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

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

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

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

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

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

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

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

(a) Render advisory opinions concerning:

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

(ii) Difficulties encountered; and

(iii) Degree and severity of enforcement;

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

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

(d) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
Miss. Code Ann. § 49-33-11 — MS Code / Title 49 / Chapter 27 / Section 33-11
Miss. Code Ann. § 49-33-11
Status: in_force

The state shall not make a waiver of the provisions of this chapter a condition for approval of the use or continued use of real property or the issuance of any permit or other entitlement. The acceptance by an owner of any approval of use, continued use, permit or other entitlement shall not constitute a waiver of the rights of the owner to compensation for inverse condemnation.
Miss. Code Ann. § 49-10-5 — MS Code / Title 49 / Chapter 1 / Section 10-5
Miss. Code Ann. § 49-10-5
Status: in_force

The Commission on Wildlife, Fisheries and Parks shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of the Wildlife Violator Compact.
Miss. Code Ann. § 49-15-207 — MS Code / Title 49 / Chapter 15 / Section 15-207
Miss. Code Ann. § 49-15-207
Status: in_force

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

(2) The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section 49-15-201(2) .

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

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

(a) A description of the property;

(b) The approximate value of the property;

(c) The date and place of the seizure;

(d) The connection between the property and the violation of the laws under the jurisdiction of the Department of Marine Resources;

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

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

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

(6) If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section 49-15-205 .

(7) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-15-201 .
Miss. Code Ann. § 49-27-1 — MS Code / Title 49 / Chapter 15 / 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. § 49-7-38.1 — MS Code / Title 49 / Chapter 4 / Section 7-38.1
Miss. Code Ann. § 49-7-38.1
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall establish a special hunting permit for youth under the age of eighteen (18) who have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. This special hunting permit for youth having a life threatening illness may occur anytime during the calendar year and for any game bird or game animal. However, the commission may not allow these permits during any time that conflicts with laws governing the taking of federally protected birds or species. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permits.

(2) The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands for youth under the age of eighteen (18) who are deemed to have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permit.
Miss. Code Ann. § 49-17-429 — MS Code / Title 49 / Chapter 6 / Section 17-429
Miss. Code Ann. § 49-17-429
Status: in_force

No person may install, alter or remove an underground storage tank after July 1, 1990, without first having been certified by the Commission on Natural Resources. The commission shall adopt rules and regulations setting forth the requirements for such certification which shall include but not be limited to a certification examination.
Miss. Code Ann. § 49-17-731 — MS Code / Title 49 / Chapter 4 / Section 17-731
Miss. Code Ann. § 49-17-731
Status: in_force

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

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

(3) Upon consolidation the following shall apply:

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

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

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

(d) All employees of the Mississippi Gulf Coast Regional Wastewater Authority shall become employees of the Jackson County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-17-523 — MS Code / Title 49 / Chapter 8 / 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. § 49-15-19 — MS Code / Title 49 / Chapter 4 / Section 15-19
Miss. Code Ann. § 49-15-19
Status: in_force

The Attorney General shall be counsel and attorney for the commission and department and shall provide legal services as may be requested. The executive director is authorized to employ legal counsel, after consultation with the Attorney General, as may be necessary or appropriate for the operation of the department.
Miss. Code Ann. § 49-17-29 — MS Code / Title 49 / Chapter 13 / Section 17-29
Miss. Code Ann. § 49-17-29
Status: in_force

(1)(a) Except as in compliance with paragraph (b) of this subsection, it is unlawful for any person to cause pollution of the air in the state or to place or cause to be placed any wastes or other products or substances in a location where they are likely to cause pollution of the air. It is also unlawful to discharge any wastes, products or substances into the air of the state which exceed standards of performance, hazardous air pollutant standards, other emission standards set by the commission, or which reduce the quality of the air below the air quality standards or increments established by the commission or prevent attainment or maintenance of those air quality standards. Any such action is hereby declared to be a public nuisance.

(b) It is unlawful for any person to build, erect, alter, replace, use or operate any equipment which will cause the issuance of air contaminants unless that person holds a permit from the Permit Board (except repairs or maintenance of equipment for which a permit has been previously issued), or unless that person is exempted from holding a permit by a regulation promulgated by the commission. Concentrated animal feeding operations may be a source or a category of sources exempted under this paragraph. However, no new or existing applications relating to swine concentrated animal feeding operations within a county shall be exempted from regulations and ordinances which have been duly passed by the county's board of supervisors and which are in force on June 1, 1998.

(2)(a) Except as in compliance with paragraph (b) of this subsection, it is unlawful for any person to cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state. It is also unlawful to discharge any wastes into any waters of the state which reduce the quality of those waters below the water quality standards established by the commission; or to violate any applicable pretreatment standards or limitations, technology-based effluent limitations, toxic standards or any other limitations established by the commission. Any such action is declared to be a public nuisance.

(b) It is unlawful for any person to carry on any of the following activities, unless that person holds a current permit for that activity from the Permit Board as may be required for the disposal of all wastes which are or may be discharged into the waters of the state, or unless that person is exempted from holding a permit by a regulation promulgated by the commission: (i) the construction, installation, modification or operation of any disposal system or part thereof or any extension or addition thereto, including, but not limited to, systems serving agricultural operations; (ii) the increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; (iii) the construction, installation or operation of any industrial, commercial or other establishment, including irrigation projects or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized; (iv) the construction or use of any new outlet for the discharge of any wastes into the waters of the state. However, no new or existing applications relating to swine concentrated animal feeding operations within a county shall be exempted from regulations and ordinances which have been duly passed by the county's board of supervisors and which are in force on June 1, 1998.

(3)(a) Except as otherwise provided in this section, the Permit Board created by Section 49-17-28 shall be the exclusive administrative body to make decisions on permit issuance, reissuance, denial, modification or revocation of air pollution control and water pollution control permits and permits required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17), and all other permits within the jurisdiction of the Permit Board. After consideration of alternative waste treatment technologies available to control air and water pollution and odor, including appropriate siting criteria, the commission may promulgate regulations establishing conditions, limitations and exemptions under which the Permit Board shall make these decisions. Regulations promulgated by the commission which establish exemptions as authorized under this section shall apply to any applicable facility in operation on the effective date of that regulation and to any applicable facility constructed or operated after the effective date of that regulation. The Permit Board may issue multiple permits for the same facility or operation simultaneously or in the sequence that it deems appropriate consistent with the commission's regulations. Except as otherwise provided in this paragraph, the Permit Board, under any conditions that the board may prescribe, may authorize the Executive Director of the Department of Environmental Quality to make decisions on permit issuance, reissuance, denial, modification or revocation. The executive director shall not be authorized to make decisions on permit issuance, reissuance, denial, modification or revocation for a commercial hazardous waste management facility or a solid waste management permit for a municipal solid waste landfill or incinerator. A decision by the executive director shall be a decision of the Permit Board and shall be subject to formal hearing and appeal as provided in this section. The executive director shall report all permit decisions to the Permit Board at its next regularly scheduled meeting and those decisions shall be recorded in the minutes of the Permit Board. The decisions of the Permit Board shall be recorded in minutes of the Permit Board and shall be kept separate and apart from the minutes of the commission. The decision of the Permit Board or the executive director to issue, reissue, deny, modify or revoke permits shall not be construed to be an order or other action of the commission.

(b) The Executive Director of the Department of Environmental Quality shall also be the Executive Director of the Permit Board and shall have available to him, as Executive Director of the Permit Board, all resources and personnel otherwise available to him as executive director of the department.

(c) All persons required to obtain an air pollution control or water pollution control permit, a permit under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within the jurisdiction of the Permit Board shall make application for that permit with the Permit Board. The Permit Board, under any regulations as the commission may prescribe, may require the submission of those plans, specifications and other information as it deems necessary to carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 17, or to carry out the commission's regulations adopted under those sections. The Permit Board, based upon any information as it deems relevant, shall issue, reissue, deny, modify or revoke air pollution control or water pollution control permit or permits required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within the jurisdiction of the Permit Board under any conditions as it deems necessary that are consistent with the commission's regulations. The Permit Board's action of issuance, reissuance, denial, modification or revocation of a permit as recorded in its minutes shall constitute a complete decision of the board. All permits issued by the Permit Board shall remain in full force and effect until the board makes a final determination regarding any reissuance, modification, or revocation thereof. The Permit Board shall take action upon an application within one hundred eighty (180) days following its receipt in the board's principal office. No action which affects revocation of an existing permit shall take effect until the thirty (30) days mentioned in paragraph (4)(b) of this section has expired or until a formal hearing as prescribed in that paragraph is held, whichever is later.

(d) The Permit Board may adopt rules of practice and procedure governing its proceedings that are consistent with the commission's regulations. All hearings in connection with permits issued, reissued, denied, modified or revoked and all appeals from decisions of the Permit Board shall be as provided in this section.

(e) Upon any conditions that are consistent with the commission's regulations and subject to those procedures for public notice and hearings as provided by law, not inconsistent with federal law and regulations, the Permit Board may issue general permits and, where appropriate, may consolidate multiple permits for the same facility or operation into a single permit.

(f) The Permit Board shall not issue any permit for a new swine concentrated animal feeding operation or the expansion of an existing swine concentrated animal feeding operation before January 1, 2000, unless the department received the application for that operation's new or modified permit before February 28, 1998, or except as provided in this paragraph (f). In issuing or modifying any permit for which the department received an application before February 28, 1998, the Permit Board shall apply those siting criteria adopted or used by the commission before February 28, 1998, unless federal law or regulations require more stringent criteria. The moratorium established in this paragraph shall not apply to the issuance of any permit for a new swine concentrated animal feeding operation or the expansion of an existing swine concentrated animal feeding operation that uses an animal waste management system which the applicant demonstrates to the Permit Board is innovative in significantly reducing the effects of the operation on the public health, welfare or the environment and which is approved by the Permit Board. The Permit Board shall not issue or modify more than five (5) permits under this innovative animal waste management system technology exemption to the moratorium.

(g) Each applicant for a permit for a new outlet for the discharge of wastes into the waters of the state who is required to obtain a certificate of public convenience and necessity from the Public Service Commission for such wastewater system shall submit financial and managerial information as required by the Public Utilities Staff. Following review of that information, the Executive Director of the Public Utilities Staff shall certify in writing to the executive director of the department, the financial and managerial viability of the system if the Executive Director of the Public Utilities Staff determines the system is viable. The Permit Board shall not issue the permit until the certification is received.

(4)(a) Except as required by this section, before the issuance, reissuance, denial, modification or revocation of any air pollution control or water pollution control permit, permit required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any other permit within its jurisdiction, the Permit Board, in its discretion, may hold a public hearing or meeting to obtain comments from the public on its proposed action. Before the issuance, reissuance, denial, modification pertaining to the expansion of a facility, transfer or revocation of a permit for a commercial hazardous waste management facility or a solid waste management permit for a commercial municipal solid waste landfill or incinerator, the Permit Board shall conduct a public hearing or meeting to obtain comments from the public on the proposed action. That hearing or meeting shall be informal in nature and conducted under those procedures as the Permit Board may deem appropriate consistent with the commission's regulations.

(b) Within thirty (30) days after the date the Permit Board takes action upon permit issuance, reissuance, denial, modification or revocation, as recorded in the minutes of the Permit Board, any interested party aggrieved by that action may file a written request for a formal hearing before the Permit Board. An interested party is any person claiming an interest relating to the property or project which is the subject of the permit action, and who is so situated that the person may be affected by the disposition of that action.

The Permit Board shall fix the time and place of the formal hearing and shall notify the permittee of that time and place.

In conducting the formal hearing, the Permit Board 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 the hearings before it, with the additional power that the Executive Director of the Permit Board may issue all subpoenas at the instance of the Permit Board or at the instance of any interested party. Any subpoenas shall be served by any lawful officer in any county to whom the subpoena is directed and return made thereon as provided by law, with the cost of service being paid by the party on whose behalf the subpoena was issued. Witnesses summoned to appear at the hearing shall be entitled to the same per diem and mileage as witnesses attending the circuit court and shall be paid by the person on whose behalf the witness was called. Sufficient sureties for the cost of service of the subpoena and witness fees shall be filed with the Executive Director of the Permit Board at the time that issuance of the subpoena is requested. At a hearing, any interested party may present witnesses and submit evidence and cross-examine witnesses.

The Permit Board may designate a hearing officer to conduct the formal hearing on all or any part of the issues on behalf of the Permit Board. The hearing officer shall prepare the record of the formal hearing conducted by that officer for the Permit Board and shall submit the record to the Permit Board.

Upon conclusion of the formal hearing, the Permit Board shall enter in its minutes the board's decision affirming, modifying or reversing its prior decision to issue, reissue, deny, modify or revoke a permit. The Permit Board shall prepare and record in its minutes findings of fact and conclusions of law supporting its decision. That decision, as recorded in its minutes with its findings of fact and conclusions of law, shall be final unless an appeal, as provided in this section, is taken to chancery court within twenty (20) days following the date the decision is entered in the board's minutes.

(c) Within twenty (20) days after the date the Permit Board takes action upon permit issuance, reissuance, denial, modification or revocation after a formal hearing under this subsection as recorded in the minutes of the Permit Board, any person aggrieved of that action may appeal the action as provided in subsection (5) of this section.

(5)(a) Appeals from any decision or action of the Permit Board shall be only to chancery court as provided in this subsection.

(b) Any person who is aggrieved by any decision of the Permit Board issuing, reissuing, denying, revoking or modifying a permit after a formal hearing may appeal that decision within the period specified in subsection (4)(c) of this section to the chancery court of the county of the situs in whole or in part of the subject matter. The appellant shall give 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 by the Permit Board and to be filed with and approved by the Executive Director of the Permit Board, who shall forthwith certify the filing of the bond together with a certified copy of the record of the Permit Board 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 in this section shall not stay the decision of the Permit Board. The aggrieved party may, within twenty (20) days following the date the board's decision after a formal hearing is entered on the board's minutes, petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on that petition. Upon good cause shown, the chancellor may grant that appeal with supersedeas. If granted, the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. Appeals shall be considered only upon the record as made before the Permit Board. The chancery court shall always be deemed open for hearing of an appeal and the chancellor may hear the same in termtime or in vacation at any place in the chancellor's district, and the appeal 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 is found, the matter shall be affirmed. If prejudicial error is found the decision of the board shall be reversed and the chancery court shall remand the matter to the Permit Board 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, that party may apply for a supersedeas to the chancellor of that court, who shall award a writ of supersedeas, without additional bond, if in the chancellor's judgment material damage is not likely to result thereby; but otherwise, the chancellor shall require a supersedeas bond as the chancellor deems proper, which shall be liable to the state for any damage.
Miss. Code Ann. § 49-15-1.1 — MS Code / Title 49 / Chapter 8 / Section 15-1.1
Miss. Code Ann. § 49-15-1.1
Status: in_force

The State of Mississippi hereby assents to the provisions of the Pittman-Robertson Wildlife Restoration Act [ 16 USCS Section 699 et seq. ] and the Dingell-Johnson Sport Fish Restoration Act [ 16 USCS Section 777 et seq. ]. The Commission on Marine Resources may perform any acts as may be necessary to ensure the conservation of fish and marine life. Revenue from saltwater license sales shall be controlled only by the Department of Marine Resources and used only when exercising responsibilities specific to the management of the state's fish and marine resources for which the department has authority under state law.
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 11 / Section 17-423
Miss. Code Ann. § 49-17-423
Status: in_force

The commission shall administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499 , October 17, 1986, Public Law No. 99-563 , October 27, 1986, 42 USC Sections 9671 - 9675 , and shall have authority to promulgate any rules and regulations necessary to administer this program.
Miss. Code Ann. § 49-15-74 — MS Code / Title 49 / Chapter 1 / Section 15-74
Miss. Code Ann. § 49-15-74
Status: in_force

The commission shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.
Miss. Code Ann. § 49-15-301 — MS Code / Title 49 / Chapter 15 / Section 15-301
Miss. Code Ann. § 49-15-301
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) “ Recreational sports fisherman ” means an individual who catches or harvests marine species only for recreation or personal consumption and not for sale. The individual must possess a saltwater sports fishing license, be a member of an incorporated nonprofit sports fishing organization and not possess a commercial fishing or seafood processor license.
Miss. Code Ann. § 49-7-53 — MS Code / Title 49 / Chapter 7 / Section 7-53
Miss. Code Ann. § 49-7-53
Status: in_force

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

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

(a) Rabbits;

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

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

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

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

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

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

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

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

(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-4-7 — MS Code / Title 49 / Chapter 2 / Section 4-7
Miss. Code Ann. § 49-4-7
Status: in_force

The commission shall establish and appoint advisory committees for Parks and Recreation and Wildlife and Fisheries. The advisory committees shall aid the commission in formulating policies, discussing problems and considering other matters related to these areas as designated by the commission.

The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.
Miss. Code Ann. § 49-15-19 — MS Code / Title 49 / Chapter 15 / Section 15-19
Miss. Code Ann. § 49-15-19
Status: in_force

The Attorney General shall be counsel and attorney for the commission and department and shall provide legal services as may be requested. The executive director is authorized to employ legal counsel, after consultation with the Attorney General, as may be necessary or appropriate for the operation of the department.
Miss. Code Ann. § 49-5-97 — MS Code / Title 49 / Chapter 4 / Section 5-97
Miss. Code Ann. § 49-5-97
Status: in_force

The funds which are transferred from the sale of bonds under Sections 49-5-86 through 49-5-98 to the special fund in the State Treasury known as the “Wildlife Heritage Committee Land Purchase Fund” may be withdrawn only in the following manner: The funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which warrants shall be issued upon requisition by the chairman of the commission pursuant to a resolution adopted by the commission authorizing the requisition.

All expenditures ordered by the commission shall be entered upon its minutes, and the commission shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.
Miss. Code Ann. § 49-7-301 — MS Code / Title 49 / Chapter 4 / Section 7-301
Miss. Code Ann. § 49-7-301
Status: in_force

(1) Any person who exercises the privilege of hunting in this state shall be deemed to have given implied consent to a chemical test of his blood, breath, urine or other bodily substance for the purpose of determining the presence of alcohol or any other drug if the person is involved in a hunting incident in which his use of a weapon caused an injury or death to a person.

(2) For the chemical analysis of the person's blood, breath, urine or other bodily substance to be considered valid under this section, the analysis must have been performed according to the requirements established in Section 63-11-19 .

(3) When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.
Miss. Code Ann. § 49-17-115 — MS Code / Title 49 / Chapter 17 / Section 17-115
Miss. Code Ann. § 49-17-115
Status: in_force

Any agreement made under subsection (e) of Section 49-17-103 may provide that the pollution control facilities will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and conditions as the governing board and the industry shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase; or may provide that the pollution control facilities shall become the property of the industry upon the acquisition thereof. Any such agreement may also, but is not required to, include a guaranty agreement whereby a corporation, foreign or domestic, other than the industry guarantees in whole or in part the obligations of the industry under the lease/sale upon such terms and conditions as the governing board may deem appropriate.
Miss. Code Ann. § 49-5-73 — MS Code / Title 49 / Chapter 1 / Section 5-73
Miss. Code Ann. § 49-5-73
Status: in_force

The commission may employ fiscal consultants, engineers, attorneys, real estate counselors, appraisers and such other consultants and employees as may be required in the judgment of the commission and to fix and pay their compensation from funds available to the commission.
Miss. Code Ann. § 49-11-15 — MS Code / Title 49 / Chapter 5 / Section 11-15
Miss. Code Ann. § 49-11-15
Status: in_force

(1) Artificially propagated pheasants, quail, chukar partridges, mallards and black ducks, and any game bird authorized by the commission are the only game which may be hunted on shooting preserves under this chapter.

(2) Mallards and black ducks released on a shooting preserve must have a one-fourth ( 1 / 4 ) inch hole punched in the outer web of the right foot before the birds attain the age of six (6) weeks.

(3) The commission is authorized to specify the species of non-native wild game that may be released or hunted in commercial wildlife enclosures.
Miss. Code Ann. § 49-28-11 — MS Code / Title 49 / Chapter 13 / Section 28-11
Miss. Code Ann. § 49-28-11
Status: in_force

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Miss. Code Ann. § 49-35-13 — MS Code / Title 49 / Chapter 9 / Section 35-13
Miss. Code Ann. § 49-35-13
Status: in_force

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

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

(3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Miss. Code Ann. § 49-19-23 — MS Code / Title 49 / Chapter 1 / Section 19-23
Miss. Code Ann. § 49-19-23
Status: in_force

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

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

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

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

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

In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.
Miss. Code Ann. § 49-8-5 — MS Code / Title 49 / Chapter 5 / Section 8-5
Miss. Code Ann. § 49-8-5
Status: in_force

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

(a) Order Primates:

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

(ii) Family Cercopithecidae:

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

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

C. Theropithecus Gelada (Gelada baboon);

(b) Order Carnivora:

(i) Family Canidae:

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

B. Chrysocyon brachyurus (maned wolf);

C. Cuon alpinus (red dog);

D. Lycaon pictus (African hunting dog);

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

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

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

(v) Family Felidae:

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

B. Unica unica (snow leopard);

C. Acinonyx jubatus (cheetah);

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

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

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

(e) Order Artiodactyla:

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

(ii) Family Bovidae: Syncerus caffer (African buffalo).
Miss. Code Ann. § 49-17-21 — MS Code / Title 49 / Chapter 17 / Section 17-21
Miss. Code Ann. § 49-17-21
Status: in_force

(a) The commission or its duly authorized representative shall have the power to enter at reasonable times upon any private or public property, and the owner, managing agent or occupant of any such property shall permit such entry for the purpose of inspecting and investigating conditions relating to pollution or the possible pollution of any air or waters of the state and to have access to such records as the commission may require under subsection (b) of this section.

(b) The commission may require the maintenance of records relating to the operation of air contamination sources or water disposal systems, and any authorized representative of the commission may examine and copy any such records or memoranda pertaining to the operation of such air contamination source or water disposal system. The records shall contain such information as the commission may require. Copies of such records shall be submitted to the commission upon request.

(c) The commission may conduct, authorize or require tests and take samples of air contaminants or waste waters, fuel, process material or other material which affects or may affect (1) emission of air contaminants from any source, or (2) waste water disposal systems. Upon request of the commission, the person responsible for the source to be tested shall provide necessary sampling ports in stacks or ducts and such other safe and proper sampling and testing facilities as may be necessary for proper determination of the emission of air contaminants. If an authorized employee of the commission during the course of any inspection obtains a sample of air contaminant, fuel, process material or other material, he shall give the owner or operator of the equipment or fuel facility a receipt for the sample obtained.

(d) The commission may require the installation, maintenance and use of such monitoring equipment and methods at such locations and intervals as the commission deems necessary.
Miss. Code Ann. § 49-35-27 — MS Code / Title 49 / Chapter 6 / Section 35-27
Miss. Code Ann. § 49-35-27
Status: in_force

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

(2) Before January 1, 1999, the department shall conduct a survey of incentive programs in other states for cleanup of contaminated sites. Based on the survey, the department shall make recommendations regarding programs which it believes would be beneficial to encourage the cleanup of uncontrolled sites in this state. The department shall include the results of its survey and its recommendations in the report required under subsection (1) of this section.
Miss. Code Ann. § 49-27-33 — MS Code / Title 49 / Chapter 19 / Section 27-33
Miss. Code Ann. § 49-27-33
Status: in_force

The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.
Miss. Code Ann. § 49-26-5 — MS Code / Title 49 / Chapter 21 / Section 26-5
Miss. Code Ann. § 49-26-5
Status: in_force

(1) The Department of Marine Resources, referred to in this chapter as “department,” shall serve as the primary state agency with regard to coordinating channel maintenance activities along the Mississippi Gulf Coast.

(2) The department shall develop a comprehensive long-range management plan for channel maintenance activities. The plan shall at a minimum:

(a) Identify areas in which channels are in need of maintenance;

(b) Assess the short-term and long-term economic costs and benefits of the state's channels;

(c) Promote channel sand bypassing to replicate the natural flow of sand; and

(d) Recommend channel maintenance projects to the Legislature for funding which ensures the geographic coordination and sequencing of prioritized projects.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 3 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-19-11 — MS Code / Title 49 / Chapter 8 / Section 19-11
Miss. Code Ann. § 49-19-11
Status: in_force

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

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

It is hereby made the duty of all agents and employees of the State Forestry Commission to report to the commission any timber or other trespass discovered by such agent or employees on state owned lands giving detailed information thereof in such report.
Miss. Code Ann. § 49-5-145 — MS Code / Title 49 / Chapter 1 / Section 5-145
Miss. Code Ann. § 49-5-145
Status: in_force

(1) The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is to establish a registration procedure by which owners of natural areas may voluntarily agree to manage and protect the areas according to rules set forth by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is also to establish a dedication procedure by which owners of natural areas may voluntarily agree to convey any or all of their right, title and interest in the property to the State of Mississippi to be managed and protected by an appropriate agency designated by the Mississippi Commission on Wildlife, Fisheries and Parks for the people of Mississippi.
Miss. Code Ann. § 49-15-96 — MS Code / Title 49 / Chapter 6 / Section 15-96
Miss. Code Ann. § 49-15-96
Status: in_force

Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae ). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-7-65 — MS Code / Title 49 / Chapter 1 / Section 7-65
Miss. Code Ann. § 49-7-65
Status: in_force

Except as provided in this chapter, it is unlawful for any person to hunt, trap, take, kill, wound or capture, or attempt to hunt, trap, take, kill, wound or capture any fur-bearing animals except during the open season prescribed by law or regulation. However, mink may be hunted with dogs during the season for taking of fur-bearing animals on payment of trapper's license fee by person so hunting mink with dogs.
Miss. Code Ann. § 49-15-47 — MS Code / Title 49 / Chapter 15 / Section 15-47
Miss. Code Ann. § 49-15-47
Status: in_force

(1) It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.

(2) Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall:

(a) Be used only for the purpose intended.

(b) Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.

(c) Be emptied only into an approved sewage disposal system.

(d) Be cleaned before being returned to the vessel.

(e) Not be cleaned with equipment used for washing or processing food.

(3) The use of other receptacles for sewage disposal may be approved by the department if the receptacles are:

(a) Constructed of impervious, cleanable materials and have tight-fitting lids; and

(b) Meet the requirements listed in subsection (2).

(4) Any person, firm or corporation violating the provisions of this chapter, shall, on conviction, be fined not less than Five Thousand Dollars ($5,000.00), and the license of the convicted party shall be revoked for one (1) year. For conviction of a second offense, the fine shall be not less than Ten Thousand Dollars ($10,000.00), and the license of the convicted party shall be revoked for two (2) years. For a conviction of a third offense, the fine shall be not less than One Hundred Thousand Dollars ($100,000.00), and the license of the convicted party shall be permanently revoked.

(5) Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 8 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

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

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

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-5-91 — MS Code / Title 49 / Chapter 1 / Section 5-91
Miss. Code Ann. § 49-5-91
Status: in_force

The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. The bonds authorized by Sections 49-5-86 through 49-5-98 shall not bear a greater overall maximum interest rate to maturity than seven percent (7%) per annum. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) maturity shall not exceed seven percent (7%).

Each interest rate specified in any bid must be in a multiple of one-eighth of one percent ( 1 / 8 of 1%) or one-tenth of one percent ( 1 / 10 of 1%), and a zero rate of interest cannot be named.

Notice of the sale of any such bonds shall be published at least two (2) times, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one (1) or more newspapers having a general circulation in the City of Jackson and in one (1) or more other newspapers or financial journals with a large national circulation, to be selected by the state bond commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 49-5-86 through 49-5-98 , shall provide that bonds maturing eleven (11) or more years after the date of the issuance of such bonds may, at the option of the State of Mississippi, be called in for payment and redemption in reverse numerical order at the call price named therein and accrued interest, or on the tenth anniversary of the date of issue, or on any interest payment date thereafter prior to maturity.
Miss. Code Ann. § 49-15-325 — MS Code / Title 49 / Chapter 9 / Section 15-325
Miss. Code Ann. § 49-15-325
Status: in_force

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

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

(3) A person whose license has been revoked under subsection (2) of this section shall remain revoked until the person can show proof that all obligations of the court have been met.
Miss. Code Ann. § 49-13-7 — MS Code / Title 49 / Chapter 3 / Section 13-7
Miss. Code Ann. § 49-13-7
Status: in_force

A commercial quail breeder's license must first be obtained from the commission, or its agents. The license shall be applied for each year and shall be valid from April 1 to March 31 next following, upon payment of Twenty-five Dollars ($25.00) for each license. The license must bear a number as designated by the commission, and shall be conspicuously exhibited at all times at the place where quail are bred.
Miss. Code Ann. § 49-37-7 — MS Code / Title 49 / Chapter 13 / Section 37-7
Miss. Code Ann. § 49-37-7
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Expend or distribute any funds or assets in its custody or under its control appropriate in carrying out the purposes of this chapter.
Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 6 / 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. § 49-1-45 — MS Code / Title 49 / Chapter 1 / Section 1-45
Miss. Code Ann. § 49-1-45
Status: in_force

Rules, regulations and orders of the commission shall be published in accordance with the “Mississippi Administrative Procedures Law.”
Miss. Code Ann. § 49-15-41 — MS Code / Title 49 / Chapter 15 / Section 15-41
Miss. Code Ann. § 49-15-41
Status: in_force

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

Violation of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or imprisonment not to exceed one (1) year in the county jail, or both.
Miss. Code Ann. § 49-17-525 — MS Code / Title 49 / Chapter 4 / 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. § 49-25-9 — MS Code / Title 49 / Chapter 13 / Section 25-9
Miss. Code Ann. § 49-25-9
Status: in_force

Any junkyard lawfully in existence on June 16, 1966, which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, by the state highway commission at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main-traveled way of such highways.
Miss. Code Ann. § 49-15-313 — MS Code / Title 49 / Chapter 11 / 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. § 49-7-153 — MS Code / Title 49 / Chapter 1 / Section 7-153
Miss. Code Ann. § 49-7-153
Status: in_force

(1) Any resident may purchase a lifetime sportsman hunting and fishing license by filing an application in the office of the department. The license shall qualify the licensee to take all fish, game and fowl, except waterfowl, including deer and turkey, in the manner provided by law. The license shall also permit the licensee to hunt with primitive weapons and bow and arrow, and to fish in the public waters of the state, including the taking of crabs, oysters, shrimp and any saltwater fish authorized to be taken under a recreational license.

(2) The department may issue a resident lifetime sportsman license at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age. All lifetime licenses shall be issued from the office of the department. Each application for a lifetime license must be accompanied by a certified copy of the birth certificate of the individual to be named as the license holder, if the individual is twelve (12) years of age or under.

(3) The commission shall establish proof of residency requirements for the purchase of a lifetime license, and shall also establish such restrictions on and regulations for lifetime licenses as it deems necessary and proper. Except as otherwise provided in this section, an applicant for a resident lifetime license must have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his application for a license. The burden of proving domicile shall be on the applicant.

(4) The department may issue a native son or daughter resident lifetime sportsman hunting and fishing license if official documents reflect that one of the applicant's parents was born in the State of Mississippi and was on active military service at the time of the applicant's birth.

Such license may be issued at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age.

The applicant must provide a certified copy of an original birth certificate of such parent showing that the parent was born in Mississippi and provide official documents indicating that such parent was on active military service at the time of the applicant's birth.

An applicant for such license shall not be required to have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his or her application for a license.

(5) The department may issue a native son or daughter nonresident lifetime sportsman hunting and fishing license. The commission shall establish the fee, but the fee shall not be less than One Thousand Five Hundred Dollars ($1,500.00). The applicant must provide a certified copy of the original birth certificate showing that the applicant was born in Mississippi and/or if the parents' address was in Mississippi at the time of birth as shown on the birth certificate or other documents and/or official documents reflect that one of said parents was on active military service outside the State of Mississippi at the time of said birth.

Except as otherwise provided in this section, if the birth certificate of each parent reflects that each parent was born in the State of Mississippi, then any child born outside the State of Mississippi of those parents may be issued a nonresident lifetime sportsman license for the above set out fee.

(6) Any materially false statement contained in an application for a lifetime license renders void the license issued pursuant to that application, and subjects the applicant to criminal prosecution under Section 49-7-45 .

(7) Nothing in this section exempts an applicant for a lifetime license from meeting other qualifications or requirements otherwise established by law for the privilege of hunting or fishing.
Miss. Code Ann. § 49-28-41 — MS Code / Title 49 / Chapter 13 / Section 28-41
Miss. Code Ann. § 49-28-41
Status: in_force

This chapter, without reference to any statute, is full and complete authority for the creation of the district and for the issuance of bonds. No proceedings shall be required for the creation of the district or for the issuance of bonds other than those provided for and required in this chapter. All necessary powers to be exercised by the board of supervisors and by the board of commissioners of the district in order to carry out this chapter are conferred under this section.
Miss. Code Ann. § 49-11-19 — MS Code / Title 49 / Chapter 5 / Section 11-19
Miss. Code Ann. § 49-11-19
Status: in_force

Operators may establish shooting limitations and restrictions on the age, sex and number of each species of released game that may be taken by each person.
Miss. Code Ann. § 49-15-64.5 — MS Code / Title 49 / Chapter 7 / Section 15-64.5
Miss. Code Ann. § 49-15-64.5
Status: in_force

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

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

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

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

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

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

(3) During open seasons and in open areas, saltwater shrimp may be taken only with shrimp trawls, trawls, butterfly nets, skimmer nets, push trawls, beach seines and cast nets.