Miss. Code Ann. § 49-17-529 — MS Code / Title 49 / Chapter 5 / Section 17-529
Miss. Code Ann. § 49-17-529
Status: in_force

(1) Any person found by the commission to have violated Sections 49-17-501 through 49-17-531 or any rule or regulation or written order of the commission issued under Sections 49-17-501 through 49-17-531 or any certificate or accreditation issued under Sections 49-17-501 through 49-17-531 shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation. The penalty may be assessed and levied by order of the commission after notice and hearing in accordance with subsection (5) of this section. In addition, the commission may issue a reprimand or a suspension or revocation of any certificate issued to the person under Sections 49-17-501 through 49-17-531 . The reprimand, suspension or revocation may be assessed and levied by order of the commission after notice and hearing as provided in subsection (5) of this section.

(2) In lieu of, or in addition to, the penalty provided for in subsection (1) of this section, the commission may institute and maintain in the name of the state any proceedings necessary to enforce Sections 49-17-501 through 49-17-531 , rules and regulations adopted under Sections 49-17-501 through 49-17-531 , and orders and certificates issued under Sections 49-17-501 through 49-17-531 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 it shall not be necessary in those 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 knowingly submits false or inaccurate information in support of an application for issuance or reissuance of an accreditation or a certificate under Sections 49-17-501 through 49-17-531 or who willfully fails to comply with the conditions of the accreditation or the certificate issued by the commission or who willfully violates Sections 49-17-501 through 49-17-531 , or any rule, regulation or written order of the commission or emergency order issued by the director in pursuance thereof, upon conviction, shall be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which that violation exists or continues shall constitute a separate offense.

(4) In addition to or in lieu of filing a criminal complaint for the willful misconduct described in subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection (1)(a) of this section, and shall impose a reprimand or a suspension or revocation of any certificate in accordance with subsection (1)(b) of this section.

(5) All proceedings and hearings before the commission regarding violations of Sections 49-17-501 through 49-17-531 or any rule or regulation, written order of the commission, emergency order of the director or certificate issued or reissued by the commission in pursuance thereof or any certificate issued under Sections 49-17-501 through 49-17-531 and all appeals therefrom shall be conducted in accordance with Sections 49-17-31 through 49-17-41, Mississippi Code of 1972 .

(6) All fines, penalties and other sums recovered or collected by the commission for and on behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-351 — MS Code / Title 49 / Chapter 7 / Section 7-351
Miss. Code Ann. § 49-7-351
Status: in_force

(1) The purpose of this section is to honor wounded veterans and active duty service members by providing hunting, fishing and other recreational opportunities for them in state wildlife management areas and wildlife refuges.

(2) As used in this section, the term:

(a) “ Active duty ” means full-time duty in the Armed Forces, Reserves or National Guard during wartime service as defined by the United States Congress.

(b) “ Armed Forces ” means the United States Army, Navy, Marine Corps, Air Force, Space Force and Coast Guard.

(c) “ National Guard ” means the Army National Guard and the Air Force National Guard of the United States.

(d) “ Reserves ” means the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve.

(3) The Commission on Wildlife, Fisheries and Parks may designate an area or areas or establish special seasons within wildlife management areas and wildlife refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members to be known as “Wounded Warrior Special Programs.”

(4) The designated areas or special seasons shall be open to a person who:

(a) Is an active duty member of the Armed Forces, National Guard or Reserves and has a combat-related physical injury as determined by the member's branch of service; or

(b) Is a veteran member of the Armed Forces, National Guard or Reserves who served on active duty during a period of war as defined by the United States Congress, and:

(i) Has a service-connected physical disability as determined by the United States Department of Veterans Affairs; or

(ii) Was discharged or released from military service because of a physical disability acquired or aggravated while serving on active duty during a period of war.

(5) The department may allow one (1) person to accompany an eligible veteran or active duty service member who requires assistance to hunt, fish or participate in the recreational activity.

(6) The commission may adopt any rules and regulations deemed necessary to administer this section.
Miss. Code Ann. § 49-5-25 — MS Code / Title 49 / Chapter 4 / Section 5-25
Miss. Code Ann. § 49-5-25
Status: in_force

The State of Mississippi hereby assents to the provisions of the Pittman-Robertson Wildlife Restoration Act of 1937 (Public Law No. 415, 75th Congress, 1st Session), and the Dingell-Johnson Sport Fish Restoration Act of 1950 (Public Laws 681, 81st Congress), and the commission may perform any acts as may be necessary to ensure the conservation of fish and wildlife. Revenue from hunting and fishing license sales shall be under the exclusive control of the state fish and wildlife agency for the sole use of the administration of the state fish and wildlife agency, which includes only the functions required to manage the agency and the fish and wildlife-related resources for which the agency has authority under state law.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 2 / 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. § 49-27-19 — MS Code / Title 49 / Chapter 2 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

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

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-13-13 — MS Code / Title 49 / Chapter 1 / Section 13-13
Miss. Code Ann. § 49-13-13
Status: in_force

When any package containing quail carcasses is to be shipped by rail, express or other carrier, public or private, the packages wherein the quail are contained must comply with the packaging or wrapping requirements set forth in Section 49-13-11 of the Mississippi Commercial Quail Law.
Miss. Code Ann. § 49-23-25 — MS Code / Title 49 / Chapter 4 / Section 23-25
Miss. Code Ann. § 49-23-25
Status: in_force

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Miss. Code Ann. § 49-25-1 — MS Code / Title 49 / Chapter 8 / Section 25-1
Miss. Code Ann. § 49-25-1
Status: in_force

This chapter may be cited as the “Junkyard Control Law.”
Miss. Code Ann. § 49-7-32 — MS Code / Title 49 / Chapter 1 / Section 7-32
Miss. Code Ann. § 49-7-32
Status: in_force

The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.
Miss. Code Ann. § 49-17-34 — MS Code / Title 49 / Chapter 2 / Section 17-34
Miss. Code Ann. § 49-17-34
Status: in_force

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

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

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

(4) For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedures Act. “Direct basis” shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.
Miss. Code Ann. § 49-27-63 — MS Code / Title 49 / Chapter 7 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-7-167 — MS Code / Title 49 / Chapter 7 / Section 7-167
Miss. Code Ann. § 49-7-167
Status: in_force

All revenue shall be used for projects approved by the commission for the purpose of protecting and propagating migratory waterfowl and for the development, restoration, maintenance or preservation of wetlands. Provided, however, that none of such funds shall be expended for administrative salaries.

The commission may enter into contracts with nonprofit organizations for the use of part of such funds outside the United States, if the commission finds that such contracts are necessary for carrying out the purposes of Sections 49-7-161 through 49-7-173 .
Miss. Code Ann. § 49-15-309 — MS Code / Title 49 / Chapter 13 / Section 15-309
Miss. Code Ann. § 49-15-309
Status: in_force

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

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

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

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

(5) The department is hereby directed to present all state record holders with a certification of achievement in marine recreational fishing.
Miss. Code Ann. § 49-25-7 — MS Code / Title 49 / Chapter 10 / 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. § 49-19-173 — MS Code / Title 49 / Chapter 19 / 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. § 49-5-117 — MS Code / Title 49 / Chapter 2 / Section 5-117
Miss. Code Ann. § 49-5-117
Status: in_force

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

(b) If any provision of Sections 49-5-101 through 49-5-119 or the application thereof to any person or circumstance is held invalid, the remainder of such sections, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Miss. Code Ann. § 49-5-91 — MS Code / Title 49 / Chapter 3 / 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. § 49-15-307 — MS Code / Title 49 / Chapter 10 / Section 15-307
Miss. Code Ann. § 49-15-307
Status: in_force

The department shall have the following powers and duties:

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

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the marine resources of this state in a manner to ensure efficiency and sustained productivity;

(d) To issue permits and licenses authorized by law or regulation;

(e) To equip and supply check stations, remote duty stations and personnel for extended duty;

(f) To develop programs to enhance the marketing of the state's recreational and commercial marine resources;

(g) To provide gear, insignias, and otherwise equip personnel subject to the amount appropriated for those purposes; and

(h) To discharge any other duties, responsibilities and powers as are necessary to implement this chapter.
Miss. Code Ann. § 49-17-515 — MS Code / Title 49 / Chapter 3 / Section 17-515
Miss. Code Ann. § 49-17-515
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint supervisor certificate to direct a lead-based paint abatement activity and to prepare occupant protection plans and abatement reports.

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

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

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

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-113 — MS Code / Title 49 / Chapter 17 / Section 17-113
Miss. Code Ann. § 49-17-113
Status: in_force

Every agreement under either subsection (d) or (e) of Section 43-17-103 shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and each such lease/sale shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. Such agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.
Miss. Code Ann. § 49-9-1 — MS Code / Title 49 / Chapter 6 / Section 9-1
Miss. Code Ann. § 49-9-1
Status: in_force

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

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

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

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

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

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

(f) “Mussel Abatement Program” means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.
Miss. Code Ann. § 49-17-35 — MS Code / Title 49 / Chapter 2 / Section 17-35
Miss. Code Ann. § 49-17-35
Status: in_force

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such investigations as it deems necessary and may call a special hearing or may schedule such matter for its next regular meeting or hearing day, and after such hearings and with all convenient speed and in any event within thirty (30) days after the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate.
Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 8 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-17-701 — MS Code / Title 49 / Chapter 6 / Section 17-701
Miss. Code Ann. § 49-17-701
Status: in_force

Sections 49-17-701 through 49-17-775 shall be known and may be cited as the “Mississippi Gulf Coast Region Utility Act.”
Miss. Code Ann. § 49-28-39 — MS Code / Title 49 / Chapter 26 / Section 28-39
Miss. Code Ann. § 49-28-39
Status: in_force

The board of commissioners of any district created under this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both, to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both. The board of commissioners may execute and deliver at private sale notes or bonds as evidence of the indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both. The board of commissioners may pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. The district may do all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, design, construction, operation, maintenance or improvement of projects of the district.
Miss. Code Ann. § 49-27-31 — MS Code / Title 49 / Chapter 27 / Section 27-31
Miss. Code Ann. § 49-27-31
Status: in_force

The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
Miss. Code Ann. § 49-3-15 — MS Code / Title 49 / Chapter 2 / Section 3-15
Miss. Code Ann. § 49-3-15
Status: in_force

The laboratory personnel may, at their discretion, and subject to the approval of the proper administrative authorities at Mississippi State University, do research on a contract or project basis for industries, governmental agencies, public or private organizations or corporations, or any others, at a price and on a basis to be determined by the aforesaid personnel. The proceeds derived from such research projects shall be deposited to a special fund in the treasury of the state of Mississippi to be known as the “fisheries and wildlife laboratory fund,” to be disbursed and used pursuant to appropriation approved by the Legislature as provided by law.
Miss. Code Ann. § 49-5-71 — MS Code / Title 49 / Chapter 2 / Section 5-71
Miss. Code Ann. § 49-5-71
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of Sections 49-5-61 through 49-5-85 and otherwise in accordance with the provisions of law. The commission is authorized to approve land or real estate suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22 .

(2) Before such real estate is purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least two (2) appraisals by Mississippi Certified General Appraisers. Such appraisals shall be paid for by the State of Mississippi.

(3) The commission is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The commission is authorized to obtain title insurance on property purchased if, in the opinion of the commission, the best interests of the State of Mississippi would be served.

(4) In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the Department of Wildlife, Fisheries and Parks is authorized to grant easements and rights-of-way over and across any part of such state lands. Such easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such lands for recreational purposes. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of the management of such lands.
Miss. Code Ann. § 49-5-101 — MS Code / Title 49 / Chapter 4 / Section 5-101
Miss. Code Ann. § 49-5-101
Status: in_force

Sections 49-5-101 through 49-5-119 shall be known and may be cited as “The Nongame and Endangered Species Conservation Act.”
Miss. Code Ann. § 49-17-26 — MS Code / Title 49 / Chapter 10 / Section 17-26
Miss. Code Ann. § 49-17-26
Status: in_force

If the commission determines, after adequate scientific investigation and evaluation, that a chemical as defined in Sections 69-23-3 and 75-47-5(a) in the underground water exceeds or is likely to exceed duly adopted state standards and that the source of the chemical is not within the regulatory jurisdiction of the commission, the commission shall notify the Department of Agriculture and Commerce, which shall proceed in accordance with Section 69-23-7 and other existing laws.
Miss. Code Ann. § 49-15-28 — MS Code / Title 49 / Chapter 5 / Section 15-28
Miss. Code Ann. § 49-15-28
Status: in_force

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

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

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

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

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

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

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

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

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

(e) Restaurants and retailers receiving processed seafood product, with proof of purchase, from a licensed resident or nonresident commercial wholesaler, and selling to the end user.
Miss. Code Ann. § 49-15-95 — MS Code / Title 49 / Chapter 4 / Section 15-95
Miss. Code Ann. § 49-15-95
Status: in_force

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

(2) The commission shall not prohibit the use of brill and cast nets in the waters designated in subsection (1) of this section. No person shall catch more than fifty (50) pounds of shrimp per day using brill and cast nets as provided by this section.
Miss. Code Ann. § 49-17-39 — MS Code / Title 49 / Chapter 9 / Section 17-39
Miss. Code Ann. § 49-17-39
Status: in_force

Information obtained by the commission concerning environmental protection including but not limited to information contained in applications for air emission equipment construction permits and water discharge permits shall be public information and shall be made available upon proper request. Other information obtained by the commission, department or permit board in the administration of Sections 49-17-1 through 49-17-43 concerning trade secrets, including, but not limited to, marketing or financial information, processes, devices, methods of manufacture, or production capabilities or amounts shall be kept confidential, if and only if: (a) a written confidentiality claim is made when the information is supplied; (b) such confidentiality claim allows disclosure of the confidential information to authorized department employees and/or the United States Environmental Protection Agency (EPA); and (c) such confidentiality claim is determined by the commission to be valid. If the confidentiality claim is denied, the information sought to be covered thereby shall not be released or disclosed, except to the Environmental Protection Agency, until the claimant has been notified in writing and afforded an opportunity for a hearing and appeal therefrom, as with other orders of the commission. Disclosure of confidential information by the EPA should be governed by federal law and EPA regulations. Anyone making unauthorized disclosure of information determined to be confidential as herein provided shall be liable in a civil action for damages arising therefrom and shall also be guilty of a misdemeanor punishable as provided by law.
Miss. Code Ann. § 49-13-19 — MS Code / Title 49 / Chapter 7 / Section 13-19
Miss. Code Ann. § 49-13-19
Status: in_force

Each person, firm or corporation, holding a commercial quail breeder's license shall keep permanent records in a suitable, permanently bound book of all birds' carcasses sold, to whom sold, the date of the sale, the address of the vendee or consignee and the number of carcasses sold, which record, as well as the premises of such licensed breeder, shall be subject to examination and inspection by any agent of the department or peace officer for violations of this chapter, without the issuance of any warrant upon displaying his credentials of authority to such breeder.
Miss. Code Ann. § 49-5-77 — MS Code / Title 49 / Chapter 5 / Section 5-77
Miss. Code Ann. § 49-5-77
Status: in_force

(1) The commission is hereby empowered and authorized to establish a fund to be known as the Wildlife Heritage Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund.

(2) The commission is empowered and authorized, in addition to such sums as may be appropriated from time to time by the Legislature, to accept from any person, firm, corporation or agency of government, national, state or local any gifts or devise, lands, money for the purpose of acquiring by lease, or purchase any area for hunting or fishing use, outdoor recreation, or for the preservation of any species of wildlife or fish. Such lands and waters as are acquired under the provisions of Sections 49-5-61 through 49-5-85 and Section 49-5-78 shall be under the administration and control of the commission until a proper plan shall be developed for the land or water. The commission shall enter into an agreement with an appropriate agency in the executive branch to develop a plan for the land or water. After the plan is developed, the land or water shall be transferred to the administration and control of the department or other appropriate agency in the executive branch to be managed by the agency according to the plan.

(3) The commission is authorized and empowered to accept and earmark for any purpose, not inconsistent with the provisions of Sections 49-5-61 through 49-5-85 , any gift or devise, lands or money from any person, firm, corporation or governmental unit on such terms and conditions as the donor may designate.
Miss. Code Ann. § 49-19-29 — MS Code / Title 49 / Chapter 7 / Section 19-29
Miss. Code Ann. § 49-19-29
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the Forest Improvement Revolving Fund. Money in the revolving fund shall be used by the State Forestry Commission, upon appropriation by the Legislature, to assist in the reforestation and growth improvement of the forests, woodlands, and publicly owned lands of the state, including sixteenth section lands, Camp Shelby, Columbia Training School and colleges and universities.

(2) Landowners who contract with the commission for such work shall pay to the commission its actual cost for conducting such work. Money received for this work by the commission shall be paid into the State Treasury for deposit into the revolving fund.

(3) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-35-31 — MS Code / Title 49 / Chapter 13 / Section 35-31
Miss. Code Ann. § 49-35-31
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”
Miss. Code Ann. § 49-17-61 — MS Code / Title 49 / Chapter 3 / Section 17-61
Miss. Code Ann. § 49-17-61
Status: in_force

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

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

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

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

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

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

Funds on deposit in the loan fund (a) may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature; (b) in the discretion of the commission, may be transferred to the Water Pollution Control Revolving Fund for the purpose of matching federal capitalization grants and for allowable uses; and (c) may be used for administration of the State Revolving Loan Program subject to legislative appropriation.
Miss. Code Ann. § 49-17-34 — MS Code / Title 49 / Chapter 13 / Section 17-34
Miss. Code Ann. § 49-17-34
Status: in_force

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

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

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

(4) For any initial or modified air or water permit issued from and after January 1, 1994, except with the written consent of the permit applicant, no provision or condition imposing any duty, responsibility or liability on the permittee shall be included in such permit, the direct basis for which has not been first promulgated as a regulation by the commission in accordance with the requirements of the Mississippi Administrative Procedures Act. “Direct basis” shall mean that such permit provisions or conditions shall not exceed the scope, coverage and effect of the regulation upon which it is based including, but not limited to, frequency or time limit of action, technology, identity and scope of pollutants regulated, numerical or narrative standards or limitations.
Miss. Code Ann. § 49-19-119 — MS Code / Title 49 / Chapter 8 / Section 19-119
Miss. Code Ann. § 49-19-119
Status: in_force

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

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

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

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

(5) Monies remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the revolving fund shall be deposited to the credit of the revolving fund.
Miss. Code Ann. § 49-19-17 — MS Code / Title 49 / Chapter 6 / Section 19-17
Miss. Code Ann. § 49-19-17
Status: in_force

The state and county boards of public education are directed to provide for proper courses of instruction by textbooks, or lectures on the general subject of forestry in all the public schools and colleges of this state; and they are further directed to provide for the celebration of arbor day by all public schools, on which day ornamental and shade trees, flowers, etc., are to be placed, where practicable, on the grounds surrounding all public schoolhouses.
Miss. Code Ann. § 49-15-401 — MS Code / Title 49 / Chapter 8 / Section 15-401
Miss. Code Ann. § 49-15-401
Status: in_force

It is the purpose of this article to establish an administrative hearing procedure for the Mississippi Department of Marine Resources to enforce the rules and regulations set forth in Title 22 of the Administrative Code and Sections 49-15-1 through 49-15-321 , 49-27-1 through 49-27-71 , 59-21-111 , and such other statutes within the jurisdiction of the Department of Marine Resources. Unless specifically authorized, the department shall not seek both administrative and criminal penalties against violators of the statutes referred to herein for the same offense, except as provided in Section 49-15-63 .
Miss. Code Ann. § 49-7-20 — MS Code / Title 49 / Chapter 3 / Section 7-20
Miss. Code Ann. § 49-7-20
Status: in_force

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

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

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

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

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

(6) The hunter education course required for purposes of licensure shall be deemed to be satisfied by any student who enrolls in and successfully completes a school-based hunter safety course provided in accordance with Section 49-7-20.2 .
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 7 / 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. § 49-28-33 — MS Code / Title 49 / Chapter 3 / Section 28-33
Miss. Code Ann. § 49-28-33
Status: in_force

All special assessments levied under this chapter shall be payable in equal annual installments over a period not to exceed twenty-five (25) years, as determined by the board of commissioners, with interest from the date of the confirmation of the assessment at a rate, to be fixed by the board of commissioners, which will produce sufficient funds for the payment of all or a specified portion of the principal of and interest on the bonds as they mature and accrue and for fees and expenses for a paying agent or trustee, or both for the bonds. The amount to be paid through the special assessments may be limited by the board of commissioners to the amounts needed for the purposes specified in this section. Any property owner who shall not have taken an appeal from the assessment, upon failure to pay the assessment in full within thirty (30) days from the date of confirmation, shall be deemed to have elected to pay the assessment in installments as provided in this section, and shall be deemed to have admitted the legality of the assessment, and the right to contest the validity of the assessment shall be waived. The installments of the assessment shall be due and payable at the same time that the annual real property tax becomes due and payable, commencing with the first county tax levy which is payable after the expiration of thirty (30) days from the date of confirmation of the assessment.
Miss. Code Ann. § 49-5-147 — MS Code / Title 49 / Chapter 5 / Section 5-147
Miss. Code Ann. § 49-5-147
Status: in_force

For the purposes of Sections 49-5-141 through 49-5-157 , the following words shall have the meaning ascribed herein unless the context shall otherwise require:

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

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

(c) “ Dedicate ” means the transfer to the Mississippi Commission on Wildlife, Fisheries and Parks of any estate, interest or right in any natural area to be held for the people of Mississippi in a manner provided in Section 49-5-155 .

(d) “ Natural area ” means an area of land, water or air, or combination thereof, which contains an element of the state's natural diversity, including, but not limited to, individual plant or animal life, natural geological areas, habitats of endangered or threatened species, ecosystems or any other area of unique ecological, scientific or educational interest.

(e) “ Natural area preserve ” means a natural area which is voluntarily dedicated.

(f) “ Register ” means the act of agreement between the owner of a natural area and the Mississippi Commission on Wildlife, Fisheries and Parks for designation of the natural area and for its placement on the register of natural areas by voluntary agreement between the owner of the natural area and the commission.

(g) “ Register of natural areas ” means a listing of natural areas which are being managed by the owner of the natural area according to the rules and regulations of the Mississippi Commission on Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-19-175 — MS Code / Title 49 / Chapter 5 / Section 19-175
Miss. Code Ann. § 49-19-175
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the Southeastern Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself. Advisory committee members shall be reimbursed for all necessary travel expenses incurred while attending compact meetings provided the total expenditure of the four members does not exceed One Thousand Two Hundred Dollars ($1,200.00) per year.
Miss. Code Ann. § 49-19-21 — MS Code / Title 49 / Chapter 13 / Section 19-21
Miss. Code Ann. § 49-19-21
Status: in_force

All moneys received from the United States government for protection of forest lands, for reforestation of denuded areas, for extension of national forests, and to promote the continuous production of timber shall be credited to said state forestry fund, and expended by the commission as is directed by the federal government.
Miss. Code Ann. § 49-7-135 — MS Code / Title 49 / Chapter 5 / Section 7-135
Miss. Code Ann. § 49-7-135
Status: in_force

The executive director may proceed immediately to negotiate with the Game and Fish Commission of the State of Louisiana to effectuate a reciprocity agreement with such commission providing that the current hunting and fishing licenses issued to hunters or fishermen of the respective states shall be accepted and recognized by the game and fish commissions of each of the states for the purpose of hunting for migratory water fowl or fishing by the hunters or fishermen of either state in the Pearl River between top bank and top bank along the course where the Pearl River forms a boundary line between the State of Louisiana and the State of Mississippi.
Miss. Code Ann. § 49-17-769 — MS Code / Title 49 / Chapter 7 / Section 17-769
Miss. Code Ann. § 49-17-769
Status: in_force

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 49-5-143 — MS Code / Title 49 / Chapter 4 / Section 5-143
Miss. Code Ann. § 49-5-143
Status: in_force

(1) The Legislature finds and declares that there is a need for additional organized, accessible information to identify and make known the types and locations of plant and animal life, geological areas and other natural areas in this state.

(2) The Legislature further finds and declares that a system of protection and management of these areas should be implemented and maintained through a procedure of voluntary action by the owners of the property on which these areas may be located.
Miss. Code Ann. § 49-7-31.1 — MS Code / Title 49 / Chapter 3 / Section 7-31.1
Miss. Code Ann. § 49-7-31.1
Status: in_force

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

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

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

(b) Hunting in a fully enclosed blind.

(3) A violation of this section is a Class III violation and is punishable as provided in Section 49-7-101 .
Miss. Code Ann. § 49-35-53 — MS Code / Title 49 / Chapter 35 / Section 35-53
Miss. Code Ann. § 49-35-53
Status: in_force

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

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

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

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

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

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

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

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

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

(5) The immunity granted under this section shall not relieve any person from liability for payment of all costs reasonably related to the remediation of the NPL property subject to restoration which are required by the United States Environmental Protection Agency and the Department of Environmental Quality.
Miss. Code Ann. § 49-28-37 — MS Code / Title 49 / Chapter 1 / Section 28-37
Miss. Code Ann. § 49-28-37
Status: in_force

If the owners of a majority of the front footage of the property to be assessed under the front foot rule, or if the owners of a majority of the area of the property to be assessed under the area rule, as described in Section 49-28-35 , file a written protest objecting to the assessments authorized under this chapter, then the board of commissioners shall not proceed with the special assessment.
Miss. Code Ann. § 49-35-31 — MS Code / Title 49 / Chapter 23 / Section 35-31
Miss. Code Ann. § 49-35-31
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”
Miss. Code Ann. § 49-17-775 — MS Code / Title 49 / Chapter 4 / Section 17-775
Miss. Code Ann. § 49-17-775
Status: in_force

If any clause, sentence, paragraph, section or part of the provisions of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof directly involved in the controversy in which such judgment shall have been rendered.
Miss. Code Ann. § 49-35-19 — MS Code / Title 49 / Chapter 9 / Section 35-19
Miss. Code Ann. § 49-35-19
Status: in_force

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

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

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

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

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

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

(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Miss. Code Ann. § 49-17-703 — MS Code / Title 49 / Chapter 6 / 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. § 49-25-5 — MS Code / Title 49 / Chapter 10 / Section 25-5
Miss. Code Ann. § 49-25-5
Status: in_force

(a) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(b) The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(c) The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

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

(e) “Primary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state highway commission, and approved by the secretary of commerce, pursuant to the provisions of Title 23, United States Code, “Highways.”
Miss. Code Ann. § 49-7-45 — MS Code / Title 49 / Chapter 6 / Section 7-45
Miss. Code Ann. § 49-7-45
Status: in_force

(1) It is unlawful for any person:

(a)(i) To hunt, chase, kill or to pursue with the intent to take, kill or wound any wild animal or wild bird in violation of this chapter;

(ii) To hunt, take, kill or wound any game animal or game bird with a gun larger than 10 gauge;

(iii) To hunt, take, wound or shoot at any game bird:

(A) From any motorboat or other craft having a motor attached unless the motor has been completely shut off and its progress has ceased. A craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from a craft under power; or

(B) From any sinkbox or battery except in waters of the Gulf Coast.

(b) To wound, drown, shoot, capture, take or otherwise kill any deer from a boat.

(c) To lend or transfer or borrow or to use or display while hunting, trapping or fishing, a license or tag of another.

(d) To aid in the securing of a license for or to knowingly issue a license for any person not legally entitled to same.

(e) To hunt, trap or fish in this state after the right to do so has been denied by the commission or the license therefor has been revoked.

(f) To hunt or trap any birds, game or wild animals during the closed season.

(g) Any person violating paragraphs (b), or (f) is guilty of a Class II offense and shall be punished as provided in Section 49-7-143 .

(2) Any citation issued to a boat operator for not registering or possessing the boat's registration card shall be dismissed, along with all related court costs if the boat operator can verify that the boat was properly registered prior to the date of violation. A boat operator may submit a copy of his or her boat's proper registration card, certified by the clerk or magistrate of the court holding the trial or hearing, along with all related court costs, to the court or magistrate before the date of the trial or hearing and the citation shall be dismissed under this subsection without the boat operator or the boat operator's counsel being present.
Miss. Code Ann. § 49-7-69 — MS Code / Title 49 / Chapter 5 / Section 7-69
Miss. Code Ann. § 49-7-69
Status: in_force

It shall be unlawful for any person in the taking or killing of fur-bearing animals or fish to use poison, explosives or chemicals of any description.
Miss. Code Ann. § 49-17-731 — MS Code / Title 49 / Chapter 17 / 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. § 49-23-9 — MS Code / Title 49 / Chapter 5 / Section 23-9
Miss. Code Ann. § 49-23-9
Status: in_force

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

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

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

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

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

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

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

(7) No two (2) signs shall be spaced less than five hundred (500) feet apart, except as to signs in existence on April 15, 2008, which shall not be removed by Sections 49-23-1 through 49-23-29 . This spacing limitation shall apply to areas within incorporated cities, towns, villages and in zoned and unzoned industrial or commercial areas.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 5 / Section 28-33
Miss. Code Ann. § 49-28-33
Status: in_force

All special assessments levied under this chapter shall be payable in equal annual installments over a period not to exceed twenty-five (25) years, as determined by the board of commissioners, with interest from the date of the confirmation of the assessment at a rate, to be fixed by the board of commissioners, which will produce sufficient funds for the payment of all or a specified portion of the principal of and interest on the bonds as they mature and accrue and for fees and expenses for a paying agent or trustee, or both for the bonds. The amount to be paid through the special assessments may be limited by the board of commissioners to the amounts needed for the purposes specified in this section. Any property owner who shall not have taken an appeal from the assessment, upon failure to pay the assessment in full within thirty (30) days from the date of confirmation, shall be deemed to have elected to pay the assessment in installments as provided in this section, and shall be deemed to have admitted the legality of the assessment, and the right to contest the validity of the assessment shall be waived. The installments of the assessment shall be due and payable at the same time that the annual real property tax becomes due and payable, commencing with the first county tax levy which is payable after the expiration of thirty (30) days from the date of confirmation of the assessment.
Miss. Code Ann. § 49-5-29 — MS Code / Title 49 / Chapter 2 / Section 5-29
Miss. Code Ann. § 49-5-29
Status: in_force

Consent of the State of Mississippi is hereby given to the acquisition by the United States by purchase, lease or gift of such land in Mississippi as in the opinion of the federal government and the governor of the state may be needed for the establishment of national migratory bird refuges in this region. The state shall retain a concurrent jurisdiction with the United States in and over such lands, reserving to the state in a ceded territory full civil and criminal jurisdiction concurrently with the federal government in all violations of the state and federal laws so that civil process in all cases and such criminal process as may issue under the authority of the state against a person charged with the commission of any crime, without or within such jurisdiction, may be executed thereon in like manner as before the passage of this section. Power is hereby conferred on Congress to pass such laws as it may deem necessary to the acquisition as herein provided for incorporation in said national migratory bird refuges of such forest covered or cutover lands lying in Mississippi as, in the opinion of the federal government, may be needed. The power is hereby conferred upon Congress to pass such laws and to make or provide for the making of such rules of both civil and criminal nature, and providing punishment for violation thereof, as in its judgment may be necessary for the management, control, or protection of such land as may from time to time be acquired by the United States under the provisions of this section.
Miss. Code Ann. § 49-17-515 — MS Code / Title 49 / Chapter 10 / Section 17-515
Miss. Code Ann. § 49-17-515
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint supervisor certificate to direct a lead-based paint abatement activity and to prepare occupant protection plans and abatement reports.

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

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

(b) Satisfactorily complete an accredited training program for lead-based paint supervisors; 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. § 49-25-21 — MS Code / Title 49 / Chapter 25 / Section 25-21
Miss. Code Ann. § 49-25-21
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of such agreement.
Miss. Code Ann. § 49-9-7 — MS Code / Title 49 / Chapter 8 / Section 9-7
Miss. Code Ann. § 49-9-7
Status: in_force

Any resident, except any company, commercial operation or farm which operates a mussel abatement program, desiring to catch, take or kill mussels in any of the fresh waters of this state except as provided for by subsection (2) of Section 49-9-5 , shall apply to the commission, and pay a fee in the sum of Seven Hundred Fifty Dollars ($750.00). Any person desiring to purchase mussel shells as mussels in the shell shall apply to the commission accompanied by a fee of Two Thousand Five Hundred Dollars ($2,500.00). A nonresident desiring to catch, take or kill mussels in any fresh water of this state except as provided by subsection (2) of Section 49-9-5 , shall apply to the commission, and pay a fee of not less than Two Thousand Dollars ($2,000.00). A nonresident from a state which does not issue a nonresident mussel license shall be prohibited from obtaining a nonresident license from this state.
Miss. Code Ann. § 49-2-4 — MS Code / Title 49 / Chapter 2 / Section 2-4
Miss. Code Ann. § 49-2-4
Status: in_force

(1) There is hereby created the Mississippi Department of Environmental Quality whose offices shall be located in Jackson, Mississippi.

(2) The department shall be headed by an executive director who shall be appointed by and serve at the pleasure of the Governor. The appointment of the executive director shall be made with the advice and consent of the Senate, not less than every four (4) years. The executive director may assign to the appropriate bureaus such powers and duties as deemed appropriate to carry out the department's lawful functions. The executive director shall have the following minimum qualifications:

(a) A master's degree in a field related to natural resources, and at least six (6) years' full-time experience in natural resources, including at least three (3) years of management experience; or

(b) A bachelor's degree in a field related to natural resources or administration and at least eight (8) years of full-time work in the field of natural resources, including four (4) years of management experience.

The executive director shall be the chief administrative officer of the department.
Miss. Code Ann. § 49-5-145 — MS Code / Title 49 / Chapter 5 / 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. § 49-28-41 — MS Code / Title 49 / Chapter 19 / 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. § 49-37-3 — MS Code / Title 49 / Chapter 31 / Section 37-3
Miss. Code Ann. § 49-37-3
Status: in_force

(1) The Legislature finds that:

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

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

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

(2) The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Miss. Code Ann. § 49-15-89 — MS Code / Title 49 / Chapter 7 / Section 15-89
Miss. Code Ann. § 49-15-89
Status: in_force

It shall be unlawful for any person to catch, destroy, confine, hold or have in his possession, whether for individual use or for market, any of the genus callinectes sapidus (blue crab) or allied species, of a smaller size than five (5) inches measured from the tip of one (1) lateral spine across the back of the shell to the tip of the opposite lateral spine; provided that peeler crabs and soft-shell crabs are exempt from these limitations. Conservation officers may inspect any catch for violations of any of the provisions of Sections 49-15-83 through 49-15-91 .
Miss. Code Ann. § 49-17-89 — MS Code / Title 49 / Chapter 1 / Section 17-89
Miss. Code Ann. § 49-17-89
Status: in_force

(1) Political subdivisions are hereby authorized to borrow monies under the provisions of Sections 49-17-81 through 49-17-89 , to issue municipal securities to evidence such loans, and to enter into such other agreements necessary for such loans and municipal securities on such terms and conditions as such political subdivisions shall deem necessary and advisable.

(2) In connection with the issuance of municipal securities by political subdivisions to evidence loans under the provisions of this chapter and as may be required by Section 31-25-1 et seq. , the following provisions shall specifically apply:

(a) No notice of intent to issue municipal securities as may otherwise be required by state law shall be required.

(b) The governing body of the political subdivision shall adopt such resolutions as may be necessary to borrow monies under this chapter, to issue and sell municipal securities to evidence such loans, and to approve and authorize the execution of any agreements related thereto.

(c) Such loans and municipal securities shall be secured as provided for in Section 49-17-87 .

(d) Such loans and municipal securities shall not be deemed general obligations.

(e) Such municipal securities shall be sold only to evidence the repayment of a loan under this chapter and may be sold at such price or prices, in such form, and subject to such terms and conditions of issue, redemption and maturity, rate of interest and time of payment of interest as otherwise provided for a loan under this chapter.

(f) A political subdivision may pay all expenses, premiums, fees and commissions which it may deem necessary and advantageous in connection with any loan and the issuance and sale of municipal securities under this chapter.

(g) Municipal securities issued under this chapter need not be validated as provided in Section 31-13-1 et seq.

(h) This section shall be deemed to provide an additional, alternate and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental to any provisions of any other laws and not in derogation of any such provisions. In connection with the issuance of municipal securities under this chapter, a political subdivision shall not be required to comply with the provisions of any other law except as provided herein.
Miss. Code Ann. § 49-15-18 — MS Code / Title 49 / Chapter 9 / Section 15-18
Miss. Code Ann. § 49-15-18
Status: in_force

The executive director of the department shall publish an abstract copy of this chapter and all subsequent amendments to this chapter and all rules and regulations promulgated by the department under this chapter. The department may distribute the publication to all persons requesting a copy and to each licensee at the time of issuance of the license. New regulations and amendments to this chapter may be supplied to each licensee within a reasonable time after their promulgation or passage. The department may charge a reasonable fee not to exceed actual cost for its publications.
Miss. Code Ann. § 49-17-111 — MS Code / Title 49 / Chapter 13 / Section 17-111
Miss. Code Ann. § 49-17-111
Status: in_force

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention of air or water pollution.
Miss. Code Ann. § 49-35-33 — MS Code / Title 49 / Chapter 5 / Section 35-33
Miss. Code Ann. § 49-35-33
Status: in_force

The Legislature finds:

(a) There are properties in Mississippi, often referred to as “brownfields,” that were contaminated or were perceived to have been contaminated by past activities, but are attractive locations for redevelopment.

(b) The safe development or redevelopment of brownfields would benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.

(c) Owners and prospective developers and redevelopers of brownfields, local governments in which brownfields are located and federal and state government agencies should be encouraged to provide capital and labor to improve brownfields so that the property can be determined to be safe or made safe for appropriate future use.

(d) The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.

(e) Section 49-35-27, Mississippi Code of 1972 , requires the Department of Environmental Quality to conduct a survey of incentive programs in other states for cleanup of contaminated sites by January 1, 1999. The department has conducted its survey and filed its report showing incentives provided in other states.
Miss. Code Ann. § 49-7-27 — MS Code / Title 49 / Chapter 6 / Section 7-27
Miss. Code Ann. § 49-7-27
Status: in_force

(1) The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder. The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year. However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting. The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought.

(2) Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.

(3) Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such.

(4) Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months.

(5) 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.

(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95 , and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.

(7)(a) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges 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 fishing, hunting or trapping privileges 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 fishing, hunting or trapping privileges of that person.

(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.

(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.
Miss. Code Ann. § 49-7-9 — MS Code / Title 49 / Chapter 4 / Section 7-9
Miss. Code Ann. § 49-7-9
Status: in_force

(1)(a) Each resident of the State of Mississippi, as defined in Section 49-7-3 , fishing in the public fresh waters of the state, including lakes and reservoirs, but not including privately owned ponds and streams, shall purchase a combination small game hunting and fishing license as provided in Section 49-7-5 for Ten Dollars ($10.00). Any resident purchasing a license as prescribed in this subsection shall be entitled to fish, in accordance with the regulations and ordinances of the commission, in all public fresh waters within the territory of the State of Mississippi.

(b) A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00).

(c) No license shall be required of any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years or who is blind, paraplegic, a multiple amputee or 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. Such person shall not be required to purchase or have in his possession a hunting or fishing license while engaged in such activities.

(d) A person exempt by reason of age, total service-connected disability as adjudged by the Veterans Administration or total disability as adjudged by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(e) 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.

(f) The requirement for purchasing and/or having a hunting or fishing license authorized in this subsection (1) may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization.

(2)(a) All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond.

(b) Residents do not need a fishing license to fish in those waters, except when the owner of the lake or pond charges a fee for fishing, then a resident must have a fishing license to fish in those waters unless exempted under subsection (1) of this section.

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

(4) Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-15-78 — MS Code / Title 49 / Chapter 1 / Section 15-78
Miss. Code Ann. § 49-15-78
Status: in_force

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

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

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

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

(2) A violation of this section is punishable by the penalties provided in Section 49-15-100 .
Miss. Code Ann. § 49-25-21 — MS Code / Title 49 / Chapter 11 / Section 25-21
Miss. Code Ann. § 49-25-21
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of such agreement.
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 8 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-15-75 — MS Code / Title 49 / Chapter 2 / Section 15-75
Miss. Code Ann. § 49-15-75
Status: in_force

(1) It shall be unlawful for any person, firm or corporation using a purse seineor having a purse seine aboard a boat or vessel within the territorial waters of the State of Mississippi to catch in excess of five percent (5%) by weight in any single set of the net or to possess in excess of ten percent (10%) by weight of the total catch any of the following species: spotted seatrout (Cynscion nebulosus); bluefish (Pomatomus saltatrix); Spanish mackerel (Scomberomorus maculatus); king mackerel (Scomberomorus cavalla); dolphin (Corphaena hippurus); pompano (Trachinotus carolinus); cobia (Rachycentron canadum); or jack crevalle (Caranx hippos).

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-1 — MS Code / Title 49 / Chapter 9 / 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. § 49-28-15 — MS Code / Title 49 / Chapter 3 / Section 28-15
Miss. Code Ann. § 49-28-15
Status: in_force

Beginning on the date of the adoption of the resolution creating a district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Miss. Code Ann. § 49-2-1 — MS Code / Title 49 / Chapter 1 / Section 2-1
Miss. Code Ann. § 49-2-1
Status: in_force

It is hereby declared to be the intent of the Legislature to conserve, manage, develop and protect our natural resources and wildlife for the benefit of this and succeeding generations by reorganizing the natural resource and wildlife conservation functions of state government into the Mississippi Department of Environmental Quality and the Mississippi Department of Wildlife, Fisheries and Parks thereby providing more effective organizations through which the methods of conserving, managing, developing and protecting our natural resources and wildlife can be analyzed, coordinated and implemented.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 25 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

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

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

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

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

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-5-11 — MS Code / Title 49 / Chapter 2 / Section 5-11
Miss. Code Ann. § 49-5-11
Status: in_force

In addition to the powers and duties now conferred upon the commission, the commission may, in its discretion, purchase by negotiation, contract by option to purchase, provided the option is exercised within a period of ten (10) years from the time executed, the land necessary and requisite for the construction and maintenance of game and fish management projects or game and fish hunting and fishing refuge.
Miss. Code Ann. § 49-7-7 — MS Code / Title 49 / Chapter 7 / Section 7-7
Miss. Code Ann. § 49-7-7
Status: in_force

The revenue collected from any increase in license fees pursuant to Chapter 418, Laws of 2016, shall be designated for use by the Department of Wildlife, Fisheries and Parks for recruitment, training, equipping and compensation of conservation officers to fill existing vacancies.
Miss. Code Ann. § 49-35-1 — MS Code / Title 49 / Chapter 8 / Section 35-1
Miss. Code Ann. § 49-35-1
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Act.”
Miss. Code Ann. § 49-35-17 — MS Code / Title 49 / Chapter 5 / 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. § 49-19-37 — MS Code / Title 49 / Chapter 10 / Section 19-37
Miss. Code Ann. § 49-19-37
Status: in_force

(1) Bioenergy produced from biomass is considered renewable and carbon neutral. When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(2) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.
Miss. Code Ann. § 49-15-92 — MS Code / Title 49 / Chapter 7 / Section 15-92
Miss. Code Ann. § 49-15-92
Status: in_force

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

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

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

(4) This section shall not apply to any person who removes crab traps that are illegally placed or in an illegal location. This section shall not apply to any person who catches abandoned crab traps in a shrimp trawl, keeps the crab traps aboard the vessel and properly disposes of the crab traps.
Miss. Code Ann. § 49-7-63 — MS Code / Title 49 / Chapter 7 / Section 7-63
Miss. Code Ann. § 49-7-63
Status: in_force

It shall be unlawful for any person at any time to capture wild fowl or game birds by the use of traps, nets or other contrivances, except as provided by this chapter.
Miss. Code Ann. § 49-15-73 — MS Code / Title 49 / Chapter 8 / Section 15-73
Miss. Code Ann. § 49-15-73
Status: in_force

It shall be unlawful for any person to use or employ any aircraft in the airspace of this state to assist in the harvesting of redfish as defined in Section 49-15-71 . Aircraft employed in any manner contrary to the provisions of this section shall not be registered, hangered, maintained, provisioned or serviced within this state, excepting in an emergency in which the lives of the pilot or crew of such aircraft are at risk. A person convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 . In addition to the penalty prescribed by such section, any aircraft and any equipment utilized in the taking of redfish contrary to the provisions of this section shall be subject to confiscation under this section.
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 15 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-7-83 — MS Code / Title 49 / Chapter 7 / Section 7-83
Miss. Code Ann. § 49-7-83
Status: in_force

It shall be unlawful for any person to fail to return to the water, immediately, any game fish taken by net or seines or other contrivances used for the taking of fish not classified as game fish.
Miss. Code Ann. § 49-15-323 — MS Code / Title 49 / Chapter 10 / Section 15-323
Miss. Code Ann. § 49-15-323
Status: in_force

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state's territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 USCS Section 1856 , or any other provision of federal law, the Department of Marine Resources shall have jurisdiction of the offense and may commence administrative enforcement action against alleged violators in accordance with the administrative procedures provisions of Section 49-15-401 et seq., Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-163 — MS Code / Title 49 / Chapter 7 / Section 7-163
Miss. Code Ann. § 49-7-163
Status: in_force

It is unlawful for any person sixteen (16) years of age or older to hunt or take any migratory waterfowl within this state without first procuring a state migratory waterfowl stamp or its electronic equivalent and having the stamp or proof of purchase of the electronic equivalent in his possession while hunting or taking any migratory waterfowl. Any penalty for not having the stamp in possession while engaged in hunting or taking migratory waterfowl shall be waived if the person can verify purchase of a stamp prior to the date of the violation. Each stamp shall be validated by the signature of the licensee written across the face of the stamp or the proof of purchase of the electronic equivalent. The commission shall determine the form of the stamp and the electronic equivalent and shall furnish the stamps to bonded agents for issuance or sale in the same manner as other types of licenses or cause the electronic equivalent to accrue to the purchaser's benefit when purchasing a license from an automated point of sale vendor.
Miss. Code Ann. § 49-7-155 — MS Code / Title 49 / Chapter 4 / Section 7-155
Miss. Code Ann. § 49-7-155
Status: in_force

(1) The commission is hereby authorized to establish a fund to be known as the Wildlife Endowment Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The department shall deposit all proceeds from the sale of lifetime licenses into such fund. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund. The commission shall invest the assets of the fund as provided by law.

(2) The assets of the Wildlife Endowment Fund shall be derived from the proceeds of the sale of lifetime licenses authorized under Sections 49-7-151 through 49-7-155 . The following limitations are placed on expenditures from the fund:

(a) No expenditure shall be made from the principal of the Wildlife Endowment Fund;

(b) The income earned and accruing from the investment of the Wildlife Endowment Fund shall be spent only in furthering the conservation of wildlife resources and the operations of the department in accomplishing the purposes of the department.
Miss. Code Ann. § 49-15-84 — MS Code / Title 49 / Chapter 8 / Section 15-84
Miss. Code Ann. § 49-15-84
Status: in_force

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

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

(3) It is unlawful to catch, hold or have in possession any female sponge crab or any female crab bearing visible eggs at any time. It is not unlawful to catch those crabs unintentionally, if the crabs are immediately returned to the water.
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 2 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

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

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

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-17-727 — MS Code / Title 49 / Chapter 6 / Section 17-727
Miss. Code Ann. § 49-17-727
Status: in_force

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

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

(3) Upon consolidation, the following shall apply:

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

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

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

(d) All employees of the Harrison County Wastewater and Solid Waste Management District shall become employees of the Harrison County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-27-61 — MS Code / Title 49 / Chapter 9 / Section 27-61
Miss. Code Ann. § 49-27-61
Status: in_force

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

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

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

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

(2) The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 10 / 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. § 49-23-19 — MS Code / Title 49 / Chapter 13 / Section 23-19
Miss. Code Ann. § 49-23-19
Status: in_force

Any advertising device or outdoor advertising erected which is contrary to the provisions of Sections 49-23-1 through 49-23-29 or regulations lawfully adopted hereunder is hereby declared to be a public nuisance. The State Highway Commission shall give thirty (30) days' notice by certified mail to the owner of such advertising device and landowner to remove same if it is a prohibited device or cause it to conform to regulations if it is an authorized device. Failure to receive the notice shall not prohibit the state highway commission from removing the unlawful outdoor advertising device. If the owner of the outdoor advertising device fails or refuses to remove same within thirty (30) days as required in the notice, the State Highway Commission may proceed to secure the removal of same as authorized in Section 49-23-21 .
Miss. Code Ann. § 49-31-13 — MS Code / Title 49 / Chapter 1 / Section 31-13
Miss. Code Ann. § 49-31-13
Status: in_force

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

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

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

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

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

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

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

(2) The study shall be presented to the Chairman of the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Environmental Protection, Conservation and Water Resources Committee of the Mississippi Senate by the second day of each legislative session.
Miss. Code Ann. § 49-31-3 — MS Code / Title 49 / Chapter 23 / 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. § 49-35-27 — MS Code / Title 49 / Chapter 35 / 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. § 49-26-5 — MS Code / Title 49 / Chapter 8 / 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. § 49-13-7 — MS Code / Title 49 / Chapter 8 / 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. § 49-15-63 — MS Code / Title 49 / Chapter 11 / Section 15-63
Miss. Code Ann. § 49-15-63
Status: in_force

(1)(a) Any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the department, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense.

(b) In addition, upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall be issued to such person and for said boat to engage in catching or taking of any seafoods from the waters of the State of Mississippi for a period of one (1) year following such conviction. Forfeiture of any equipment or nets used in a second or subsequent offense may be instituted pursuant to Sections 49-15-201 through 49-15-207 . If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated. Equipment as used in this section shall not mean boats or vessels.

(c) Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for reduction of sentence.

(d) Except as provided under subsection (5) of Section 49-15-45 , any fines collected under this section shall be paid into the Seafood Fund.

(e) In addition to any other penalties, the department may suspend the license of any person convicted of a violation of this chapter and may suspend the license of any vessel used in the violation for a period not to exceed five (5) days for the first offense. For a second offense, the department may suspend the license of such person and vessel for a period not to exceed thirty (30) days.

(f) Upon conviction of five (5) seafood violations within a five-year period, the department may revoke the license of the convicted party and the boat or vessel used in the offenses, and may prohibit indefinitely the issuance of a license to the person and boat or vessel to engage in catching or taking of any seafood from the waters of the State of Mississippi. The department shall exercise this authority in accordance with the administrative procedures in Section 49-15-401 et seq.

(2) For any violation of this chapter, the individual registered as the captain shall be subject to the penalties provided in this chapter, if that individual is aboard the vessel. If that individual is not aboard the vessel, the individual designated as the alternate captain under Section 49-15-46 or substitute captain under Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-46 or Section 49-15-64.5 , the person, firm or corporation owning the vessel shall be subject to the penalties provided for boat captains.

(3) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.
Miss. Code Ann. § 49-13-1 — MS Code / Title 49 / Chapter 13 / Section 13-1
Miss. Code Ann. § 49-13-1
Status: in_force

This chapter may be cited as the Mississippi Commercial Quail Law.
Miss. Code Ann. § 49-17-105 — MS Code / Title 49 / Chapter 13 / Section 17-105
Miss. Code Ann. § 49-17-105
Status: in_force

All bonds issued by a municipality under authority of Sections 49-17-101 through 49-17-123 shall be limited obligations of such municipality. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by the municipality pursuant to the agreements specified in subsections (d) and (e) of Section 49-17-103 . Bonds and interest coupons issued under authority of Sections 49-17-101 through 49-17-123 shall never constitute an indebtedness of such municipality within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103 ; and may contain such other provisions not inconsistent herewith, as the municipality may determine, all of which shall be provided in the proceedings authorizing the bonds. Any bonds issued under the authority of Sections 49-17-101 through 49-17-123 may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections 49-17-101 through 49-17-123 , except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.

Bonds issued hereunder shall be validated in the chancery court in which the municipality is located.
Miss. Code Ann. § 49-15-304 — MS Code / Title 49 / Chapter 7 / Section 15-304
Miss. Code Ann. § 49-15-304
Status: in_force

The department, with the advice of the advisory commission, may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marine resources under its jurisdiction. Rules and regulations adopted by the department shall be consistent with the public policy expressed in Section 29-15-3 (public trust tidelands), Section 39-7-3 (antiquities and historic preservation), Section 49-15-1 (seafood), Section 49-17-3 (pollution control), Section 49-27-3 (coastal wetlands protection) and Section 57-15-6 (coastal zone management). The department may make exceptions to and grant variances from any rules and regulations adopted by the department. The department shall give due consideration to permissable 1 uses of the natural resources within its jurisdiction when promulgating rules and regulations.
Miss. Code Ann. § 49-15-2 — MS Code / Title 49 / Chapter 5 / Section 15-2
Miss. Code Ann. § 49-15-2
Status: in_force

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

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

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

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

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

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

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

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

(h) Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
Miss. Code Ann. § 49-17-13 — MS Code / Title 49 / Chapter 2 / Section 17-13
Miss. Code Ann. § 49-17-13
Status: in_force

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

(2) The commission shall have the right to call upon and receive the assistance of any officer, board, department, school, university or any other state agency, and officers and employees thereof, for any reasonable assistance necessary or beneficial in carrying out the provisions of Sections 49-17-1 through 49-17-43 .
Miss. Code Ann. § 49-7-87 — MS Code / Title 49 / Chapter 2 / Section 7-87
Miss. Code Ann. § 49-7-87
Status: in_force

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

(2) The Department of Agriculture and Commerce may issue a permit to the owner of a private pond to sell fish grown or cultivated for stocking purposes only under such regulations as the Department of Agriculture and Commerce may deem necessary.
Miss. Code Ann. § 49-17-513 — MS Code / Title 49 / Chapter 4 / Section 17-513
Miss. Code Ann. § 49-17-513
Status: in_force

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

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

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

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

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

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

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

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-113 — MS Code / Title 49 / Chapter 6 / Section 17-113
Miss. Code Ann. § 49-17-113
Status: in_force

Every agreement under either subsection (d) or (e) of Section 43-17-103 shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and each such lease/sale shall obligate the industry to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such pollution control facilities, (b) to build up and maintain any reserves deemed by the governing board to be advisable in connection therewith, and (c) to pay the costs of maintaining the pollution control facilities in good repair and the cost of keeping it properly insured. Such agreement may provide for the issuance of additional parity bonds as required in order to complete the pollution control facility.
Miss. Code Ann. § 49-8-13 — MS Code / Title 49 / Chapter 4 / Section 8-13
Miss. Code Ann. § 49-8-13
Status: in_force

(1) Any person possessing wild animals shall allow, at reasonable times and without a search warrant, the department to inspect all wild animals, facilities and records relating to the wild animals to ensure compliance.

(2) A permittee shall immediately notify the department and the local law enforcement agency of any escape of a wild animal.
Miss. Code Ann. § 49-28-25 — MS Code / Title 49 / Chapter 15 / Section 28-25
Miss. Code Ann. § 49-28-25
Status: in_force

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

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

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

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

The district may make any covenants and do any acts and things as may be necessary, convenient and desirable to secure the bonds or make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this chapter or expressly authorized in this chapter. The board of commissioners, in issuing the negotiable special improvement bonds, shall have the power to do all things required or necessary in the issuance of those bonds and for their execution which are not inconsistent with the Mississippi Constitution of 1890.
Miss. Code Ann. § 49-15-64.5 — MS Code / Title 49 / Chapter 10 / 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. § 49-7-9 — MS Code / Title 49 / Chapter 6 / Section 7-9
Miss. Code Ann. § 49-7-9
Status: in_force

(1)(a) Each resident of the State of Mississippi, as defined in Section 49-7-3 , fishing in the public fresh waters of the state, including lakes and reservoirs, but not including privately owned ponds and streams, shall purchase a combination small game hunting and fishing license as provided in Section 49-7-5 for Ten Dollars ($10.00). Any resident purchasing a license as prescribed in this subsection shall be entitled to fish, in accordance with the regulations and ordinances of the commission, in all public fresh waters within the territory of the State of Mississippi.

(b) A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00).

(c) No license shall be required of any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years or who is blind, paraplegic, a multiple amputee or 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. Such person shall not be required to purchase or have in his possession a hunting or fishing license while engaged in such activities.

(d) A person exempt by reason of age, total service-connected disability as adjudged by the Veterans Administration or total disability as adjudged by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(e) 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.

(f) The requirement for purchasing and/or having a hunting or fishing license authorized in this subsection (1) may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization.

(2)(a) All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond.

(b) Residents do not need a fishing license to fish in those waters, except when the owner of the lake or pond charges a fee for fishing, then a resident must have a fishing license to fish in those waters unless exempted under subsection (1) of this section.

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

(4) Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17 .
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 2 / Section 15-61
Miss. Code Ann. § 49-15-61
Status: in_force

The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
Miss. Code Ann. § 49-15-9 — MS Code / Title 49 / Chapter 3 / Section 15-9
Miss. Code Ann. § 49-15-9
Status: in_force

The sole right of planting, cultivating in racks or other structures, and gathering oysters and erecting bathhouses and other structures in front of any land bordering on the Gulf of Mexico or Mississippi Sound or waters tributary thereto belongs to the riparian owner and extends not more than seven hundred fifty (750) yards from the shore, except for state-owned lands on Deer Island, which shall be not more than four hundred (400) yards from shore, measuring from the average low water mark, and except for state-owned lands along the Hancock County shoreline from Bayou Caddy to the Mississippi-Louisiana state boundary, which shall not extend out further than three hundred (300) yards from the average low watermark, but where the distance from shore to shore is less than fifteen hundred (1500) yards, the owners of either shore may plant and gather to a line equidistant between the two (2) shores, but no person shall plant in any natural channel so as to interfere with navigation, and such riparian rights shall not include any reef or natural oyster bed and does not extend beyond any channel. A riparian owner shall comply with the Coastal Wetlands Protection Act in exercising the use of these riparian rights. Stakes of such frail materials as will not injure any watercraft may be set up to designate the bounds of the plantation, but navigation shall not be impeded thereby. The riparian owner shall clearly mark such cultivation racks and other structures. The department may adopt regulations to require that the racks are adequately marked to ensure the safety of users of public waters. Any oysters planted by such riparian owner are the private property of such riparian owner, subject to the right of the department to adopt reasonable rules and regulations as to the planting and gathering of such oysters. All bathhouses, piers, wharfs, docks and pavilions, or other structures owned by the riparian owner are likewise the private property of such owner, who shall be entitled to the exclusive use, occupancy and possession thereof, and may abate any private or public nuisance committed by any person or persons in the area of his riparian ownership and may, for such purposes, resort to any remedial action authorized by law. The governing authorities of any municipality and the board of supervisors of any county are authorized to adopt reasonable rules and regulations to protect riparian owners in the enjoyment of their riparian rights, and for such purposes may regulate the use of beaches, landings, and riparian areas abutting or fronting on roads, streets or highways.
Miss. Code Ann. § 49-15-321 — MS Code / Title 49 / Chapter 7 / Section 15-321
Miss. Code Ann. § 49-15-321
Status: in_force

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

It shall be unlawful to engage in any activity prohibited by the commission in a designated sanctuary or nursery area.
Miss. Code Ann. § 49-19-225 — MS Code / Title 49 / Chapter 18 / 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. § 49-23-27 — MS Code / Title 49 / Chapter 10 / Section 23-27
Miss. Code Ann. § 49-23-27
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers at safety rest areas, and to take action in the name of the state to comply with the terms of such agreement, provided that the state highway commission shall not have power to enter into any agreement calling for more restrictive control of outdoor advertising than that provided for in Sections 49-23-1 through 49-23-29 .
Miss. Code Ann. § 49-15-49 — MS Code / Title 49 / Chapter 5 / Section 15-49
Miss. Code Ann. § 49-15-49
Status: in_force

The Mississippi Department of Marine Resources' oyster check station located at the Pass Christian Harbor, Pass Christian, Mississippi, shall be named the Colonel George J. Wright, Sr., building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque to be placed in a prominent place within the Colonel George J. Wright, Sr., building, which states the background, accomplishments and public health service to the state and nation of Colonel George J. Wright, Sr.
Miss. Code Ann. § 49-11-19 — MS Code / Title 49 / Chapter 1 / 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. § 49-26-3 — MS Code / Title 49 / Chapter 4 / Section 26-3
Miss. Code Ann. § 49-26-3
Status: in_force

The Legislature finds that channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to provide for proper channel maintenance. The Legislature further declares that channel maintenance projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 7 / Section 17-117
Miss. Code Ann. § 49-17-117
Status: in_force

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 4 / Section 28-47
Miss. Code Ann. § 49-28-47
Status: in_force

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Miss. Code Ann. § 49-17-103 — MS Code / Title 49 / Chapter 17 / Section 17-103
Miss. Code Ann. § 49-17-103
Status: in_force

Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections 49-17-105 through 49-17-123 , any municipality is hereby authorized and empowered:

(a) To acquire, purchase, construct, operate, maintain and replace pollution control facilities;

(b) To enlarge, expand and improve existing pollution control facilities;

(c) To issue bonds for the purpose of defraying the cost of facilities contemplated by subsections (a) and (b) above;

(d) To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace said facilities;

(e) To enter into a lease/sale with an industry for the lease and/or sale of such facilities to such industry;

(f) To accept any state or federal grant that may be available to defray any part of the cost of such facilities. Provided, however, the agreements contemplated by subsections (d) and (e) above shall contain terms and conditions under which the industry shall pay to the municipality, or trustee, if any, for the bonds contemplated by subsection (c) above, such sums of money and at such periods as will equal the aggregate of principal, interest and redemption premium, if any, due on the bonds and also the costs, if any, to the municipality of operating, maintaining, insuring, repairing and replacing such facilities, or portions thereof, including a reasonable amount for reserves. Provided, further, any agreement contemplated by subsection (e) above shall further contain terms and conditions pursuant to which the said facilities shall be conveyed to the industry.
Miss. Code Ann. § 49-19-143 — MS Code / Title 49 / Chapter 13 / Section 19-143
Miss. Code Ann. § 49-19-143
Status: in_force

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when the compact shall have been ratified by one or more of the states named in Section 49-19-141 , then the compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Miss. Code Ann. § 49-17-413 — MS Code / Title 49 / Chapter 6 / Section 17-413
Miss. Code Ann. § 49-17-413
Status: in_force

(1) The commission shall promulgate rules and regulations governing underground storage tanks, which shall include, but not be limited to:

(a) Notification of abandoned underground storage tanks;

(b) Registration of underground storage tanks currently under operation;

(c) Standards for underground storage tanks. The commission shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of the promulgation of the standards and for abandoned tanks. These standards shall include, but not be limited to, design, construction, installation, release detection, and compatibility standards;

(d) Release detection, prevention and corrective action;

(e) Tank closure requirements;

(f) Standards for monitoring, testing, reporting and record keeping;

(g) Requirements for financial responsibility. The commission shall adopt requirements to insure financial responsibility for corrective action and compensation of third parties required by releases arising from the operation of an underground storage tank, except that such requirements shall not exceed those established by the United States Environmental Protection Agency (EPA). Financial responsibility may be established by any one (1) or combination of the following: insurance; guarantee; surety bond; letter of credit; qualification as a self-insurer; for owners of underground storage tanks containing motor fuels, use of the Mississippi Groundwater Protection Trust Fund; or any other financial assurance mechanism which shall be allowed under EPA regulations governing underground storage tanks; and

(h) Requirements to implement the National Energy Policy Act of 2005 (EPACT), 42 USC 15801 .

(2) Variances and temporary emergency variances may be granted by the commission from any regulation adopted pursuant to Section 49-17-401 et seq.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 19 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-17-515 — MS Code / Title 49 / Chapter 5 / Section 17-515
Miss. Code Ann. § 49-17-515
Status: in_force

(1) After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint supervisor certificate to direct a lead-based paint abatement activity and to prepare occupant protection plans and abatement reports.

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

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

(b) Satisfactorily complete an accredited training program for lead-based paint supervisors; 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. § 49-27-9 — MS Code / Title 49 / Chapter 26 / Section 27-9
Miss. Code Ann. § 49-27-9
Status: in_force

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

(2) If the commission determines that the activity, area or entity is exempt or requires no permit, and that the activity, area or entity complies with the notification requirement and the coastal wetland policy as required under Section 49-27-7 , the commission may reduce the application fee by fifty percent (50%).
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 3 / Section 17-117
Miss. Code Ann. § 49-17-117
Status: in_force

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Miss. Code Ann. § 49-7-96 — MS Code / Title 49 / Chapter 3 / Section 7-96
Miss. Code Ann. § 49-7-96
Status: in_force

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

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

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

(3) If the commission establishes deer management zones or establishes antler restrictions, the department shall study and analyze all relevant data and shall file annual progress reports with the Legislature. The department shall file a final report on the effectiveness of the program with recommendations on the continuation of such restrictions.
Miss. Code Ann. § 49-5-33 — MS Code / Title 49 / Chapter 1 / Section 5-33
Miss. Code Ann. § 49-5-33
Status: in_force

The United States Commissioner of Fisheries and his duly authorized agents are hereby accorded the right to carry on fish-cultural activities and all operations connected therewith in any manner and at such times as may by such commissioner, or his agents, be considered necessary and proper.
Miss. Code Ann. § 49-35-25 — MS Code / Title 49 / Chapter 4 / Section 35-25
Miss. Code Ann. § 49-35-25
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11) Nothing in this section affects any existing program at the department or affects any authority of the commission or department to take any action authorized by law.
Miss. Code Ann. § 49-15-63 — MS Code / Title 49 / Chapter 2 / Section 15-63
Miss. Code Ann. § 49-15-63
Status: in_force

(1)(a) Any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the department, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense.

(b) In addition, upon conviction of such third or subsequent offense, it shall be the duty of the court to revoke the license of the convicted party and of the boat or vessel used in such offense, and no further license shall be issued to such person and for said boat to engage in catching or taking of any seafoods from the waters of the State of Mississippi for a period of one (1) year following such conviction. Forfeiture of any equipment or nets used in a second or subsequent offense may be instituted pursuant to Sections 49-15-201 through 49-15-207 . If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated. Equipment as used in this section shall not mean boats or vessels.

(c) Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for reduction of sentence.

(d) Except as provided under subsection (5) of Section 49-15-45 , any fines collected under this section shall be paid into the Seafood Fund.

(e) In addition to any other penalties, the department may suspend the license of any person convicted of a violation of this chapter and may suspend the license of any vessel used in the violation for a period not to exceed five (5) days for the first offense. For a second offense, the department may suspend the license of such person and vessel for a period not to exceed thirty (30) days.

(f) Upon conviction of five (5) seafood violations within a five-year period, the department may revoke the license of the convicted party and the boat or vessel used in the offenses, and may prohibit indefinitely the issuance of a license to the person and boat or vessel to engage in catching or taking of any seafood from the waters of the State of Mississippi. The department shall exercise this authority in accordance with the administrative procedures in Section 49-15-401 et seq.

(2) For any violation of this chapter, the individual registered as the captain shall be subject to the penalties provided in this chapter, if that individual is aboard the vessel. If that individual is not aboard the vessel, the individual designated as the alternate captain under Section 49-15-46 or substitute captain under Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-46 or Section 49-15-64.5 , the person, firm or corporation owning the vessel shall be subject to the penalties provided for boat captains.

(3) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.
Miss. Code Ann. § 49-15-74 — MS Code / Title 49 / Chapter 9 / 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. § 49-39-5 — MS Code / Title 49 / Chapter 11 / Section 39-5
Miss. Code Ann. § 49-39-5
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) The Department of Finance and Administration shall provide the office space, staff and other support necessary for the board to perform its duties.
Miss. Code Ann. § 49-5-2 — MS Code / Title 49 / Chapter 5 / Section 5-2
Miss. Code Ann. § 49-5-2
Status: in_force

For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires:

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

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

(c) “ Executive director ” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-28-45 — MS Code / Title 49 / Chapter 23 / Section 28-45
Miss. Code Ann. § 49-28-45
Status: in_force

Any bonds issued under the provisions of this chapter may be submitted for validation under the provisions of Chapter 13, Title 31, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-9 — MS Code / Title 49 / Chapter 3 / Section 19-9
Miss. Code Ann. § 49-19-9
Status: in_force

(1) The State Forestry Commission is hereby authorized to extend fire protection services to the Choctaw Indian lands located in Attala, Kemper, Leake, Neshoba, Newton, Jones and Scott Counties, Mississippi.

(2) The State Forestry Commission is authorized to accept from the Choctaw Agency adequate compensation for fire detection and suppression, which sum may be used by the forestry commission in its fire protection work.
Miss. Code Ann. § 49-17-13 — MS Code / Title 49 / Chapter 1 / Section 17-13
Miss. Code Ann. § 49-17-13
Status: in_force

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

(2) The commission shall have the right to call upon and receive the assistance of any officer, board, department, school, university or any other state agency, and officers and employees thereof, for any reasonable assistance necessary or beneficial in carrying out the provisions of Sections 49-17-1 through 49-17-43 .
Miss. Code Ann. § 49-35-27 — MS Code / Title 49 / Chapter 13 / 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.