reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 4 - Procedures for Conducting Evidentiary Hearings › Rule 40-1-4.2 - Setting the Hearing

Current through June 25, 2024
A. The Commission
				on Wildlife, Fisheries and Parks shall fix the time and place of such hearing
				and shall notify all parties thereto by certified mail. Individuals coming
				before the Commission may appear personally, by counsel, or both, produce
				witnesses and cross-examine witnesses.
B. The Commission shall delegate one of its
				members to act as the presiding officer or obtain the services of counsel from
				the Attorney General's Office to act as the presiding officer for the
				Commission.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 4 - Procedures for Conducting Evidentiary Hearings › Rule 40-1-4.3 - Witnesses

Current through June 25, 2024
The Commission on Wildlife, Fisheries and Parks is not
				  authorized to issue subpoenas. Parties to an evidentiary hearing are
				  responsible for assuring the attendance of their witnesses.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 4 - Procedures for Conducting Evidentiary Hearings › Rule 40-1-4.4 - Pre-filing Testimony and Documents

Current through June 25, 2024
A. Direct testimony
				of each witness to be relied upon during the hearing shall be pre-filed with
				the Commission on Wildlife, Fisheries and Parks and copies of the same shall be
				mailed to all parties seven (7) days prior to the hearing, except that in the
				discretion of the Commission on Wildlife, Fisheries and Parks this requirement
				may be modified or waived. Parties which cull "adverse" witnesses shall not be
				required to submit pre-filed testimony as contemplated in this paragraph. At
				least seven (7) days prior to the hearing, all parties involved shall exchange
				copies of all exhibits that will be introduced during the healing indicating
				the party offering and the witness who will sponsor each. The presiding officer
				may permit an exception to these requirements when witnesses or exhibits are
				necessary for rebuttal or impeachment. Failure to submit the above referenced
				exhibits and the pre-filed testimony of witnesses and exhibits may result in
				the exclusion of same from the hearing. Also, the presiding officer, in his
				discretion, may call a pre-hearing conference prior to any hearing to establish
				hearing guidelines and clarify issues.
B. Should the Commission on Wildlife,
				Fisheries and Parks waive the above mentioned requirement for pre-filed
				testimony, then at least seven (7) days before the hearing, all parties
				involved shall exchange a list of all witnesses each will call during the
				healing, a brief statement of the testimony expected from each witness, and
				copies of all exhibits as set forth in Section
				4.1 above.
Miss. Code Ann.
				  Sections
				  25-43-2.104,
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.1 - Scope

Current through June 25, 2024
These rules set forth the Mississippi Department of Wildlife,
				  Fisheries and Parks (hereinafter "MDWFP") rules governing the form and content
				  of requests for declaratory opinions, and the MDWFP's procedures regarding the
				  requests, as required by Miss. Code Ann. §
									25-43-2.103.
				  These rules are intended to supplement and be read in conjunction with the
				  provisions of the Mississippi Administrative Procedures Law, which may contain
				  additional information regarding the issuance of declaratory opinions. In the
				  event of any conflict between these rules and the Mississippi Administrative
				  Procedures Law, the latter shall govern.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.2 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the MDWFP by following the specified
				  procedures. "Substantial interest in the subject matter" means: an individual,
				  business, group or other entity that is directly affected by the MDWFP's
				  administration of the laws within its primary jurisdiction. "Primary
				  jurisdiction of the agency" means the agency has a constitutional or statutory
				  grant of authority in the subject matter at issue.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.3 - Subjects Which May Be Addressed In Declaratory Opinions

Current through June 25, 2024
The MDWFP will issue declaratory opinions regarding the
				  applicability to specified facts of: (1) a statute administered or enforceable
				  by the MDWFP or (2) a rule promulgated by the Commission. The MDWFP will not
				  issue a declaratory opinion regarding a statute or rule which is outside the
				  primary jurisdiction of the agency.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.5 - Written Request Required

Current through June 25, 2024
Each request must be printed or typewritten, or must be in
				  legible handwriting. Each request must be submitted on standard business
				  letter-size paper (8-1/2 inches by 11 inches). Requests may be in the form of a
				  letter addressed to the MDWFP, in care of the Executive
				  Director.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.6 - Where to Send Requests

Current through June 25, 2024
All requests must be mailed, delivered or transmitted via
				  facsimile to the MDWFP, at its principal place of business being 1505 Eastover
				  Drive, Jackson, Mississippi 39211, or by facsimile to (601) 432-2024. The
				  request shall clearly state that it is a request for a declaratory opinion. No
				  oral, telephone requests or email requests will be accepted for official
				  opinions.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.7 - Name, Address and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, who shall attest that the request complies with the
				  requirements set forth in these rules, including but not limited to a full,
				  complete, and accurate statement of relevant facts and that there are no
				  related proceedings pending before any other administrative or judicial
				  tribunal.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.8 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
A. a clear and concise statement of all facts
				on which the opinion is requested;
B. a citation to the statute or rule at
				issue;
C. the question(s) sought to
				be answered in the opinion, stated clearly;
D. a suggested proposed opinion from the
				requestor, stating the answers desired by petitioner and a summary of the
				reasons in support of those answers;
E. the identity of all other known persons
				involved in or impacted by the described factual situation, including their
				relationship to the facts, name, mailing address and telephone number;
				and
F. a statement to show that the
				person seeking the opinion has a substantial interest in the subject
				matter.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.9 - Time for the MDWFP's Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  for a declaratory opinion which complies with the requirements of these rules,
				  the MDWFP shall, in writing:
A. issue a
				declaratory opinion regarding the specified statute or rule as applied to the
				specified circumstances;
B. decline
				to issue a declaratory opinion, stating the reasons for its action;
				or
C. agree to issue a declaratory
				opinion by a specified time but not later than ninety (90) days after receipt
				of the written request.
The forty-five (45) day period shall begin running on the
				  first State of Mississippi business day on or after the request is received by
				  the MDWFP, whichever is sooner.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.10 - Opinion Not Final for Sixty Days

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the MDWFP may, in its discretion, withdraw or
				  amend the declaratory opinion for any reason which is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains a legal or factual
				  error.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.11 - Notice by the MDWFP to Third Parties

Current through June 25, 2024
The MDWFP may give notice to any person, agency or entity
				  that a declaratory opinion has been requested and may receive and consider
				  data, facts, arguments and opinions from other persons, agencies or other
				  entities other than the requestor.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.12 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the MDWFP's public records request procedure. All
				  declaratory opinions and requests shall be indexed by name and subject.
				  Declaratory opinions and requests which contain information which is
				  confidential or exempt from disclosure under the Mississippi Public Records Act
				  or other laws shall be exempt from this requirement and shall remain
				  confidential.
Miss. Code Ann.
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 5 - Declaratory Opinions: Procedure for Requesting › Rule 40-1-5.13 - Effect of a Declaratory Opinion

Current through June 25, 2024
The MDWFP will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the MDWFP and who, in good faith, follows the direction of the opinion and acts
				  in accordance therewith unless a court of competent jurisdiction holds that the
				  opinion is manifestly wrong. Any declaratory opinion rendered by the MDWFP
				  shall be binding only on the MDWFP and the person to whom the opinion is
				  issued. No declaratory opinion will be used as precedent for any other
				  transaction or occurrence beyond that set forth by the requesting
				  person.
Miss. Code Ann.,
				  §§
										25-43-2.103(2),
				  49-1-29,
				  and
				  49-4-4
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 6 - Public Records: Procedure for Requesting › Rule 40-1-6.1 - Purpose

Current through June 25, 2024
The following rules and procedures whereby public records of
				  the Commission and/or Department of Wildlife, Fisheries, and Parks, except
				  those that may be specifically exempt by law, may be made available to any
				  person who makes a request to view, examine, and/or obtain copies of same. The
				  following rules and procedures shall apply:
A. Records may be examined during normal
				business hours, Monday through Friday, except holidays, or otherwise when the
				offices of the Department may be closed.
B. No charges will be made for examining
				records in the Departments offices located at 1505 Eastover Drive, Jackson,
				Hinds County, Mississippi 39211.
C.
				Persons requesting copies of records shall make their requests in writing to
				the Executive Director, Mississippi Department of Wildlife, Fisheries, and
				Parks, 1505 Eastover Drive, Jackson, MS 39211-6374.
D. Copies of any records that may be
				reproduced on a copy machine without special handling may be obtained at a cost
				of twenty cents ($0.20) per page at the Departments offices. For machine copies
				that are to be mailed, a cost of twenty-five cents ($0.25) per page, will be
				charged.
E. On requests for special
				computer-run listings, price quotations will be made on an individual basis
				according to the information desired, as print-outs vary in length, complexity
				and amount of computer charges associated with producing them. In like manner,
				individual price quotations will be made on requests for any records that must
				be transcribed or reconstituted in some physical form other than that in which
				they may normally be used or kept by the Department.
F. In accordance with provisions of the
				Mississippi Public Records Act of 1983, the cost of searching, reviewing and/or
				duplicating records, and mailing, if applicable, must be collected by an agency
				in advance of complying with a request.
G. Copies of requested records will be mailed
				upon receipt of payment by certified check or money order made payable to the
				Mississippi Department of Wildlife, Fisheries, and Parks, 1505 Eastover Drive,
				Jackson, Mississippi 39211-6374.
Miss. Code Ann.,
				  §§
										25-61-1,
				  et. seq., 49-1-29, and 49-4-4
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 7 - Easements, Rights-Of-Way and Access to MDWFP Lands: Procedure for Requesting › Rule 40-1-7.1 - EASEMENTS

Current through June 25, 2024
A. Any entity or person desirous of obtaining
				an easement, right-of way or other access over, on or across lands controlled
				by the Mississippi Commission on Wildlife, Fisheries and Parks, must submit his
				or her request, in writing, to the Commission, in care of the Executive
				Director of the Department of Wildlife, Fisheries and Parks, 1505 Eastover
				Drive, Jackson, MS, 39211-6374 .
B.
				Such request should include a sketch or plat of the state lands which will be
				the subject of any proposed access conveyance, which clearly depicts the route
				or area affected by the request, plus any other such pertinent documentation
				(deeds, leases, etc.) which may be helpful.
C. Supporting documentation should
				demonstrate that no other viable route of access exists to allow the requestor
				to reach his/her property. The request will be evaluated upon the criteria set
				forth herein and the demonstrated lack of access to the requestor's property by
				any other route.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-5-71.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 7 - Easements, Rights-Of-Way and Access to MDWFP Lands: Procedure for Requesting › Rule 40-1-7.2 - PERPETUAL EASEMENTS

Current through June 25, 2024
It is the policy of the Commission that a perpetual easement
				  may only be granted to a sister agency of state government, counties or
				  municipalities. A perpetual easement may be granted to a public utility, where
				  indicated.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-5-71.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 7 - Easements, Rights-Of-Way and Access to MDWFP Lands: Procedure for Requesting › Rule 40-1-7.3 - SURFACE USE LICENSE

Current through June 25, 2024
It is the policy of the Commission in response to a request
				  for access from an individual - where the request is made to allow the
				  individual to access his or her property that is contiguous, or otherwise
				  closely situated, to the state lands - to grant that individual a surface use
				  license, where appropriate, that will inure to the benefit of the
				  requestor/grantee only. Any such surface use license shall be specific to the
				  grantee and shall not run with the land. Any surface use license for access
				  shall terminate upon the grantee's death, conveyance of the property to a
				  subsequent grantee or the occurrence of any other event which would make the
				  continuance of the surface use license no longer feasible.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-5-71.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.1 - BECOMING A LICENSE AGENT

Current through June 25, 2024
Public Notice No. 3366 is hereby amended.
A. In order to become a license agent an
				applicant must:
1. Submit an individual
				faithful performance bond in the minimum amount of $5,000.00. The amount of
				said bond may be increased in multiples of $5/000.00 should any audit of the
				agent by the MDWFP subsequently discover irregularities in agent's record
				keeping, failure to submit "no sales reports", failure to promptly remit on or
				before the tenth (10th) day of each successive month
				or any other irregularity or discrepancy. The requirement for additional
				bonding in order for the license agent to continue to be licensed will be
				recommended by the assigned auditor, and notice to the agent for the additional
				bond amounts will be mailed by U.S. Postal Service mail by the Director of the
				License Bureau. Bonds must be secured from and countersigned by a licensed
				surety company, and forwarded to the Mississippi Department of Wildlife,
				Fisheries and Parks, License Bureau, P O. Box 451, Jackson, Mississippi
				39205-0451.
2. Any company acting
				as a surety upon the bond of a license agent must comply with Miss. Code Ann.
				§
										83-27-1
et
				seq
. No additional licenses will be delivered to such agent until such
				bond is received by the Mississippi Department of Wildlife, Fisheries and Parks
				(MDWFP).
3. All bonds will be
				continuous. The bonding companies are required to give the MDWFP written notice
				of cancellation 30 days prior to cancellation.
4. Bonds on companies, firms and corporations
				are not accepted.
5. Applicants
				assigned to military bases who are bonded as a result of their profession,
				shall be allowed to waive the bond requirement as set out in Section A.,
				provided bonding company furnishes a letter to the MDWFP to the effect that the
				performance bond shall encompass the activity of selling hunting and fishing
				licenses and that said bond shall indemnify the MDWFP in the event of any
				loss.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.2 - AUDIT OF LICENSE AGENTS

Current through June 25, 2024
Public Notice No. 2471 is hereby amended.
The Department of Wildlife, Fisheries, and Parks shall have
				  the authority to audit license agents and employees of the Department at any
				  time during the fiscal year. Such audit shall be conducted at any reasonable
				  time. In addition to any other legal rights and remedies available at law for
				  the failure of a license agent or employee of the Department to comply with
				  this or any other statute, any license agent or employee of the Department who
				  fails to comply with the license agent's rules and regulations outlined in the
				  manual supplied by the Department of Wildlife, Fisheries, and Parks, may have
				  his or her privilege to sell licenses terminated by the Department, for such
				  period of time as the Department may deem appropriate.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-7-17.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.3 - REQUIREMENTS FOR OBTAINING RESIDENT HUNTING AND FISHING LICENSES

Current through June 25, 2024
Public Notice Number 3135 is hereby amended.
A. Requirement to Possess Valid License
Any resident or nonresident who hunts, takes or traps any
				  wild animal, bird or fish must possess a valid license issued by the
				  commission, unless specifically exempted under Title 49, Chapter Seven (7),
				  Mississippi Code of 1972.
B. Requirement to Carry Valid License on
				Person
A holder of a resident or nonresident license is required to
				  carry the license on his person while engaged in hunting, trapping or fishing.
				  any penalty for not carrying a license while engaged in hunting, trapping or
				  fishing shall be waived if the person can verify purchase of a license prior to
				  the date of the violation.
C. Fishing License
Any person who resides within the State of Mississippi shall
				  be entitled to receive a resident fishing license.
D. Hunting or Combination Hunting/Fishing
				License
1. Any person domiciled within the
				State of Mississippi shall be entitled to receive a resident hunting license or
				resident combination hunting/fishing license.
2. The domicile of a person is that person's
				principal or primary home or place of abode. A "principal or primary home or
				place of abode" is that home or place in which a person's habitation is fixed
				and to which he, whenever absent, has the present intention of returning after
				a departure or absence therefrom, regardless of the duration of the absence.
				The burden of proving domicile shall be on the person claiming such status. A
				person holding a current driver's license shall be deemed to be domiciled
				within the state issuing the license. If a person does not hold a current
				driver's license, the following evidence or other reliable evidence may be
				considered in establishing, but is not necessarily determinative of, domicile:
				residence for income or other tax purposes, homestead exemption receipt, or any
				other means prescribed by the department. In the case of minors, domicile of a
				parent or legal guardian shall be used as evidence of the child's domicile. For
				the purpose of this license application, "minor is defined as a person under 18
				years of age.
3. Any person
				claiming domicile but unable to comply with the foregoing requirements may
				apply to the Jackson office for a resident hunting license or combination
				hunting/fishing license. In such case, the Department may prescribe other means
				of proving domicile.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.4 - NON-RESIDENT HUNTING AND FISHING LICENSE AND FEE PROGRAM

Current through June 25, 2024
A. Non-Resident required to Possess License
1. Effective July 1, 1994, fishing and
				hunting licenses are required of all nonresidents fishing in the fresh or
				marine waters or hunting in the State of Mississippi, except minors who have
				not reached the age of sixteen (16) years.
2. Non-Resident Defined. Any person not
				entitled to receive a resident fishing license under the provisions of MISS.
				CODE ANN. §
										49-7-3, shall be considered a non-resident for purposes of
				obtaining a fishing license.
3. Any
				person not entitled to receive a resident hunting license under the provisions
				of MISS. CODE ANN. §
										49-7-3, shall be considered a non-resident for
				purposes of obtaining a hunting license.
4. A child at least twelve (12) years of age
				and under sixteen (16) years of age may hunt without having a required
				certificate of hunter education, if the child is in the presence and under the
				direct supervision of a licensed or exempt hunter, who is at least twenty-one
				(21) years of age, when hunting.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.5 - LIFETIME LICENSES & FEE PROGRAM

Current through June 25, 2024
Public Notice No. 3476.002 is hereby amended.
A. Types of lifetime license authorized:
1. RESIDENT:
a. Lifetime Sportsman License available to a
				resident person between the ages of birth through twelve (12) years of age
				inclusive for a fee of $500.00.
b.
				Lifetime Sportsman License available to a resident person over twelve (12)
				years of age for a fee of $1,000.00.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.6 - RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION OF EXEMPT HUNTING AND FISHING LICENSES

Current through June 25, 2024
Public Notice 3474 is hereby amended.
A. Any resident citizen of the State of
				Mississippi who has reached the age of sixty-five (65) years, or any resident
				citizen who is blind, paraplegic, or a multiple amputee, or who has been
				adjudged by the Veterans Administration as having a total service-connected
				disability, or has been adjudged totally disabled by the social Security
				Administration or the Railroad Retirement Board, shall not be required to
				purchase a hunting or fishing license to engage in the activities of hunting or
				fishing.
B. Effective July 1, 1993,
				exempt hunting and fishing licenses will no longer be issued by the offices of
				the circuit clerks of the counties of Mississippi.
C. All exempt hunting and fishing license
				issued prior to July 1, 1993 because of age exemption shall continue to be
				valid.
D. A person claiming a
				license exemption because of age who does not have an age-exempt hunting and
				fishing license issued prior to July I, 1993, shall have in his possession and
				on his person, while engaged in the activities of hunting or fishing, proof of
				residency and proof of age.
E.
				Railroad Retirement Board: Persons adjudged totally disabled by the Railroad
				Retirement Board must obtain letter from the Board certifying their disability.
				The letter shall be renewed annually.
F. Veteran's Administration: Persons adjudged
				to have a total service connected disability by the Veteran's Administration
				must obtain a letter from the Veteran's Administration certifying their
				disability. The letter shall be renewed annually.
G. Social Security Administration: Persons
				adjudged totally disabled by the Social Security Administration must obtain
				letter from Social Security certifying their disability. The letter shall be
				renewed annually.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-7-5.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.7 - RESIDENT APPRENTICE LICENSES

Current through June 25, 2024
Public Notice 3813 is hereby amended.
A. An apprentice hunting license is offered
				to residents who do not have the required certificate of hunter education. An
				apprentice license may be purchased only one (1) time by a resident and the
				apprentice hunting licensee must be accompanied by a licensed or exempt
				resident hunter at least twenty-one (21) years of age, when hunting.
B. All annual licenses are valid for one (1)
				year after date of issuance. A three (3)-Day Apprentice Sportsman License shall
				be valid for three (3) consecutive days from the date of issuance.
C. Apprentice License Privileges:
1. Apprentice Sportsman License
$32.00
2. Apprentice All Game Hunting & Freshwater Fishing
						  License
$17.00
3. Apprentice Small Game Hunting & Freshwater
						  Fishing License
$13.00
4. Apprentice 3 Day Sportsman License
$7.00
D. A
				reasonable processing fee and agent fee will be associated with each apprentice
				license privilege sold through the Mississippi Department of Wildlife,
				Fisheries, & Parks.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-7-5(1)(f).
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.8 - RULES AND REGULATIONS PERTAINING TO THE REINSTATEMENT OF HUNTING, TRAPPING, AND FISHING PRIVILEGES

Current through June 25, 2024
Public Notice 3797 is hereby amended.
A. Any person whose hunting, trapping and
				fishing privileges have been revoked as the result of a conviction of head
				lighting deer, under Section
				49-7-95,
				Mississippi Code of 1972, may have those privileges reinstated only when the
				following requirements are met:
1. Individuals
				must have satisfactorily completed a Hunter Education course approved by the
				Department of Wildlife, Fisheries and Parks. The Department's Internet course
				will not be accepted and the course must be taken after the date of
				conviction.
2. Individuals must
				also meet all other requirements for reinstatement as set forth in 49-7-95,
				Mississippi Code of 1972.
3.
				Individuals can make written application for reinstatement of their hunting,
				fishing and trapping privileges at any office of the Department of Wildlife,
				Fisheries and Parks. This application must be accompanied by certification that
				the applicant has satisfactorily completed an approved hunter education course
				at a time after the effective date of revocation of his/her hunting, fishing,
				trapping as well as proof of compliance of any other requirements for
				reinstatement as stated in 49-7-95, Mississippi Code of 1972.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 8 - License. General Regulations applicable to sale and types of licenses to hunt, trap or fish › Rule 40-1-8.9 - RULES AND REGULATIONS PERTAINING TO THE USE OF CROSSBOWS

Current through June 25, 2024
A. Any person who is exempt from having a
				hunting license and any person licensed to hunt deer with a bow or primitive
				weapon may hunt with a crossbow or bow and arrow during any open season on
				deer, turkey or small game.
B. When
				hunting during any gun season on deer, the hunter must comply with the
				applicable laws, rules and regulations for the wearing of hunter
				orange.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  and
				  49-7-38.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 9 - Uncategorized. Other Regulations of the Commission with varying application › Rule 40-1-9.1 - CLOSURE OF THE YOCKANOOKANY RIVER TO FISHING

Current through June 25, 2024
Public Notice 2735 is hereby amended.
A. The Mississippi Commission on Wildlife
				Conservation at its regular monthly meeting held in Jackson, Mississippi, on
				August 18, 1987, made known its intent to adopt immediately under the authority
				of Section
				49-1-29(k)
				of the Mississippi Code of 1972, the following closing of commercial fishing on
				a portion of the Yockanookany River, in Attala and Leake counties:
B. Tests conducted by the Mississippi
				Department of Natural Resources and confirmed by the U.S. Environmental
				Protection Agency have shown that fish from the Yockanookany River system
				between Highway 35 (Kosciusko Crossing) and Highway 429 (Thomastown
				Crossing)contain levels of Polychlorinated Bi-Phenyls (PCB) above the action
				level of 2 parts per million (ppm) set by the Environmental Protection Agency,
				therefore,
C. BE IT ORDERED that
				effective this date, the Yockanookany River System between Highway 35 and
				Highway 429 is closed to commercial fishing;
D. BE IT FURTHER ORDERED, that any person or
				persons taking sportfish from these waters are hereby warned that the eating of
				fish from these waters could be harmful to human health.
Miss. Code Ann.,
				  §§
										49-1-29
				  and
				  49-4-4.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 1 - General Administrative Rules of the Mississippi Commission on Wildlife, Fisheries, and Parks, and the Mississippi Department of Wildlife, Fisheries, and Parks › Chapter 9 - Uncategorized. Other Regulations of the Commission with varying application › Rule 40-1-9.2 - CLOSURE OF THE WOLF RIVER

Current through June 25, 2024
A. Miss. Code Ann.,
				§
									51-4-19
				states, ''This chapter does not confer upon any member of the public the right
				to the use of or access to private lands within the boundary of a designated
				scenic stream area and any unauthorized use is trespass and subject to the
				penalties provided for trespass offenses."
B. BE IT ORDERED, that that the Wolf River
				Scenic Stream area is hereby closed to all public access.
C. Any violation of this order is a Class III
				misdemeanor as set forth in Miss. Code Ann. §
									49-7-101,
				and may further subject the violator to criminal liability for
				trespass.
Miss. Code Ann.,
				  §§
										49-1-29,
				  49-4-4,
				  49-4-13
				  and
				  51-4-19.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.1 - BASIC REGULATIONS FOR ALL WILDLIFE MANAGEMENT AREAS (WMAs)

Current through June 25, 2024
Disclaimer:
State wildlife management
				  areas (WMAs), fishing lakes, and parks, are managed to be as close to a natural
				  condition as possible, while providing access and opportunities for outdoor
				  recreation. Any number of animals, plants, and insects, some of which may be
				  dangerous to humans, may be found on state WMAs, lakes, and parks. Please enjoy
				  the opportunities we offer to interact with nature, but be mindful of your
				  surroundings. Should you have any questions about specific locations, please
				  call us at 601-432-2400 or visit
www.mdwfp.com
A. Safety Precautions:
1. Target shooting is prohibited, except on
				designated ranges.
2. No hunting or
				shooting within 200 yards of any building.
3. No alcoholic beverages allowed. Persons
				intoxicated or careless with firearms shall be expelled from hunts
				immediately.
4. No shooting across
				WMA boundary lines. Unless they have been tampered-with, all WMA boundary lines
				are marked. Lands adjacent to any WMA may be private lands. Crossing onto
				adjacent private lands may subject the hunter to criminal liability for
				trespass. Stands, blinds, or other hunting positions should be placed so that
				the hunter does not shoot across any boundary line and onto adjacent private
				property. Hunters shall obey all markers and related signs on the WMA. A
				violation of this provision may also subject the hunter to charges for a
				violation of WMA hunting regulations and possible loss of hunting privileges on
				a WMA as provided in Paragraph E., below.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.3 - WMA FACILITY RENTAL

Current through June 25, 2024
A. The following
				fees will be charged for rental of the facilities at Black Prairie WMA, or Hell
				Creek WMA: $150.00 for one day and $50 for each additional day.
B. Reservations will be made through WMA
				personnel.
C. All fees must be paid
				in advance and are non-refundable and non-transferable.
D. Money order or cashier's check made out to
				Mississippi Department of Wildlife, Fisheries, and Parks in the appropriate
				amount must be received before the reservation is final.
E. No alcoholic beverages are allowed on WMA
				property. Source: Miss. Code Ann. §§
									49-1-29,  49-4-4, and
				 49-5-13.
Miss. Code
				  Ann. §§
										39-7-11,  49-1-29,  49-4-4, and
				   49-5-13
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.4 - SPECIAL USE REGULATIONS FOR INDIVIDUALS WITH DISABILITIES

Current through June 25, 2024
A.
				The following criteria will determine the eligibility of individuals to be
				issued a special use permit for the purpose of accessing special use areas for
				individuals with disabilities on wildlife management areas. Permits for
				individuals who meet the following criteria may be issued by Wildlife
				Management Area or District Office personnel without physician certification.
1. Individuals who are paraplegic or
				hemiplegic.
2. Individuals who are
				permanently dependent upon a wheelchair for mobility.
3. Individuals who require permanent use of
				braces, full prosthesis (one or both legs), or crutches for walking.
4. Individuals who have a complete single leg
				amputation.
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.5 - OFF-ROAD VEHICLES ON US FOREST SERVICE WMAS

Current through June 25, 2024
A. The current
				Memorandum of Understanding dated April 10, 2002, between the U.S. Forest
				Service and the MDWFP establishes the Forest Service as having authority to
				regulate access on wildlife management areas within National Forest
				Lands.
B. Off-road vehicle (ORV)
				use will be governed by the U.S. Forest Service under  36 CFR §
										261,
				Subparts A and B, and  36 CFR §
										295. Anyone operating ORVs/ATVs should be
				familiar with the Motor Vehicle Use Map (MVUM) published annually by the U.S.
				Forest Service. The MVUM explains when and where ORVs/ATVs may be used. Motor
				Vehicle Use Maps are available at the local U. S. Forest Service office and
				online at
www.fs.usda.gov/main/mississippi/maps-pubs
.
C. ORVs/ATVs are allowed on designated roads
				or trails, and for the retrieval of harvested deer or hogs. No loaded weapon
				may be in possession while operating an ORV/ATV.
Miss. Code
				  Ann. §§
										49-1-29,  49-1-49,  49-4-4,  49-4-8, and
				   49-5-13
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.6 - WMA USER PERMITS

Current through June 25, 2024
A. In addition to
				any required license, all users must carry on their person an Annual,
				Individual, or Family Wildlife Management Area User Permit, while using any
				Mississippi Department of Wildlife, Fisheries, and Parks Wildlife Management
				Area that is operated on property not owned by the U.S. Forest Service. Users
				exempt from purchasing a hunting or fishing license (Miss. Code Ann.
				§§
									49-7-5 and  49-7-9) are exempt from purchasing the WMA User
				Permits.
B. For Mississippi
				Department of Wildlife, Fisheries, and Parks Wildlife Management Areas operated
				on property owned by the U.S. Forest Service, all users participating in
				hunting, fishing, or trapping activities, must carry on their person an annual
				Wildlife Management Area User Permit in addition to any required license.
				Exemptions stated above will also apply.
C. Exemptions for educational purposes may be
				granted at the discretion of the Executive Director.
D. Wildlife Management Area User Permits:
1.
Resident Annual WMA User Permit
$ 15.00
2.
Non-Resident Annual WMA User Permit
$ 30.00
Miss. Code
				  Ann. §§
										49-1-29,  49-4-4, and  49-5-13
Mississippi Administrative Code › Title 40 - Wildlife, Fisheries, and Parks › Part 2 - Wildlife › Chapter 1 - Wildlife Management Areas (WMA) › Rule 40-2-1.31 - UPPER SARDIS WMA - AREAS INCLUDED

Current through June 25, 2024
The Upper Sardis Wildlife Management Area shall consist of
				  all U. S. Army Corps of Engineer lands in Lafayette and Marshall Counties which
				  are east of the Graham Lake Boat Ramp road, south of the Little Tallahatchie
				  River Canal and west of the Union County line and all National Forest land in
				  Lafayette County.
Miss. Code
				  Ann. §§
										49-1-29,  49-1-49,  49-4-4,  49-4-8, and
				   49-5-13