Chapter 1. General Provisions

§ 49-1-1. Definitions.

Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties:

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

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

“Director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

“Executive director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, §§ 5843.1, 5867; Laws, 1932, ch. 123; Laws, 1938, ch. 364; Laws, 1946, ch. 423, § 5; Laws, 1948, ch. 251, § 1; Laws, 1956, ch. 147, § 4; Laws, 1962, ch. 188, § 1; Laws, 1978, ch. 484, § 27; Laws, 1989, ch. 544, § 110; Laws, 1994, ch. 592, § 4; Laws, 2000, ch. 516, § 11, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-3. Commission on Wildlife, Fisheries and Parks assuming powers and duties of Commission on Wildlife Conservation.

The Commission on Wildlife, Fisheries and Parks shall be the Mississippi Commission on Wildlife Conservation and shall retain all powers and duties granted by law to the Mississippi Commission on Wildlife Conservation, and wherever the term “Mississippi Commission on Wildlife Conservation” appears in any law the same shall mean the Commission on Wildlife, Fisheries and Parks. The Executive Director of the Department of Wildlife, Fisheries and Parks may assign to the appropriate divisions such powers and duties as it deems appropriate to carry out the lawful duties of the department, and expend funds as lawfully appropriated.

HISTORY: Codes, 1942, § 5841; Laws, 1932, ch. 123; Laws, 1936, ch. 193; Laws, 1944, ch. 234, § 1; Laws, 1948, ch. 255, § 1; Laws, 1952, ch. 186, § 1; Laws, 1956, ch. 147, § 1; Laws, 1958, ch. 172, § 1; Laws, 1960, ch. 163, § 1 ¶¶ (a)-(e); Laws, 1978, ch. 484, § 28; Laws, 1989, ch. 544, § 111, eff from and after July 1, 1989.

Cross References —

Authority of Governor to make appointments, see §7-1-5.

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Powers and duties of the commission, see §49-1-29.

Mississippi Commission on Wildlife, Fisheries and Parks, see §49-4-4.

State game and fish commission appointing one director for Pearl River Valley Water Supply District, see §51-9-107.

Use of boats and other vessels, see §§59-21-1 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 40.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-1-4. Department of Wildlife, Fisheries and Parks to assume powers and duties of Department of Wildlife Conservation.

The Department of Wildlife, Fisheries and Parks shall be the Department of Wildlife Conservation and shall retain all powers and duties granted by law to the Department of Wildlife Conservation, and wherever the term “Department of Wildlife Conservation” appears in any law the same shall mean the Department of Wildlife, Fisheries and Parks. The executive director may assign to the appropriate divisions such powers and duties as deemed appropriate to carry out the lawful functions of the department.

HISTORY: Laws, 1989, ch. 544, § 113, eff from and after July 1, 1989.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Department of Wildlife, Fisheries and Parks, and its executive director, see §49-4-6.

§§ 49-1-5 and 49-1-7. Repealed.

Repealed by Laws of 1978, ch. 484, § 30, eff from and after July 1, 1979.

§49-1-5. [Codes, 1942, §§ 5841, 5843; Laws, 1932, ch. 123; Laws, 1936, chs. 193, 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, chs. 254, 255, § 1; Laws, 1952, ch. 186, §§ 1, 3; Laws, 1956, ch. 147, §§ 1, 3; Laws, 1958, ch. 172, §§ 1, 2; Laws, 1960, ch. 163, §§ 1, 2; Laws, 1966, ch. 445, § 14]

§49-1-7. [Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14]

Editor’s Notes —

Former §49-1-5 provided for the appointment of a director of conservation.

Former §49-1-7 provided for the appointment of a deputy director of conservation.

§ 49-1-9. Chief law enforcement officer.

The director shall appoint a chief law enforcement officer who shall be qualified and experienced in law enforcement work and who has served for not less than five (5) years as a duly sworn wildlife enforcement officer in the department and who has served in a supervisory position. The chief law enforcement officer shall be furnished a vehicle to perform his duties of overseeing all enforcement operations throughout the state in accordance with department policy. The officer shall enter into bond in the same amount as provided for the director, and conditioned upon the same terms. The primary duty of the chief law enforcement officer shall be directing the enforcement of all game and fish laws and regulations, cooperating with the cattle theft bureau of the Mississippi Department of Public Safety, and instructing all conservation officers in the discharge of their respective duties. The salary of the chief law enforcement officer shall be fixed by the commission in its discretion.

HISTORY: Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14; Laws, 1974, ch. 569, § 7; Laws, 1983, ch. 368, § 2; Laws, 1993, ch. 574, § 3; Laws, 1996, ch. 412, § 3, eff from and after passage (approved March 21, 1996).

Editor’s Notes —

Section 49-1-4 provides that the term “department” shall mean the “Department of Wildlife, Fisheries and Parks”.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Agricultural and Livestock Theft Bureau, see §69-29-1.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fishers and Parks Law Book (LexisNexis).

§ 49-1-11. Public relations officer.

The director, with the advice and consent of the commission, shall appoint a qualified public relations officer whose duty it shall be to make information available to the public concerning rules, regulations, and policies of the commission, to generally make information available to the public on game and fish conservation work, and to perform such other public relations duties as may be directed by the director. His salary shall be fixed by the commission in its discretion.

HISTORY: Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14, eff from and after July 1, 1966.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

§ 49-1-12. Wardens, game wardens, and game and fish wardens designated conservation officers; construction and effect of designation.

  1. The term “conservation officer” means a law enforcement officer of the department.
  2. Wherever the terms “warden,” “game warden,” or “game and fish warden” appear, the same shall mean conservation officer.

HISTORY: Laws, 1974, ch. 569, § 1; Laws, 1994, ch. 592, § 3, eff from and after passage (approved April 8, 1994).

Cross References —

Conservation officer as Mississippi game warden, see §37-107-3.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fishers and Parks Law Book (LexisNexis).

§ 49-1-13. Conservation officers.

The director is hereby authorized and directed to appoint as many conservation officers as may be required to efficiently enforce the laws for the protection of wild animals, birds and fish, and the laws relating to theft of cattle, trespass prohibitions and litter. These officers shall be located in different sections of the state where their services are most needed. Conservation officers shall police the state lands in their respective districts and prohibit the unlawful cutting of timber. The salary of the conservation officers shall be as determined by the State Personnel Board, or its successor.

Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed the amount specified in the appropriation bill.

HISTORY: Codes, 1942, § 5851; Laws, 1932, ch. 123; Laws, 1934, ch. 283; Laws, 1938, ch. 178; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 2; Laws, 1950, ch. 214; Laws, 1952, chs. 192, § 4, 186, § 4; Laws, 1958, ch. 171; Laws, 1962, ch. 184; Laws, 1973, ch. 502, § 1; Laws, 1974, ch. 569, § 8; Laws, 1978, ch. 417, § 2; Laws, 1980, ch. 553, § 1; Laws, 1982, ch. 365, § 2; Laws, 1996, ch. 370, § 1, eff from and after passage (approved March 18, 1996).

Editor’s Notes —

Section 49-1-1 provides the word “director” shall mean and refer to the Executive Director of the Department of Wildlife, Fisheries and Parks.

Cross References —

Prohibition against warden’s acquiring confiscated property, see §25-1-51.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Conservation officer defined as law enforcement officer of the Department of Wildlife, Fisheries and Parks, see §49-1-12.

Powers and duties of conservation officers, see §§49-1-43 through49-1-44.

Fisheries and wildlife fund, see §49-5-21.

Enforcement of game and fish laws, see §49-5-43.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 37 et seq.

CJS.

36A C.J.S., Fish §§ 26 et seq.

Practice References.

Mississippi Wildlife, Fishers and Parks Law Book (LexisNexis).

§ 49-1-14. Retiring sworn law enforcement officer employed by Commission on Wildlife, Fisheries and Parks authorized to retain side arm under certain circumstances.

  1. Each person employed by the Commission on Wildlife, Fisheries and Parks as a sworn law enforcement officer who meets the requirements of subsection (2) of this section, and who retires for superannuation or for reason of disability under the Public Employees’ Retirement System, upon his request, may be allowed by the commission to retain, as his personal property, one (1) side arm which was issued to him, during his service, provided funds are available for such purpose.
  2. In order to be eligible to retain a side arm issued to him under subsection (1) of this section, a retiring sworn law enforcement officer employed by the commission must have attended and successfully completed the law enforcement curriculum at the Mississippi Law Enforcement Officers’ Training Academy, and must be certified as a qualified law enforcement officer by the Board on Law Enforcement Officer Standards and Training.

HISTORY: Laws, 1992, ch. 549, § 1; Laws, 2007, ch. 420, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment rewrote the section.

Cross References —

Mississippi Law Enforcement Officers’ Training Academy generally, see §§45-5-1 et seq.

Board on Law Enforcement Officer Standards and Training, see §§45-6-5 through45-6-9.

Conservation officer defined as law enforcement officer of the Department of Wildlife, Fisheries and Parks, see §49-1-12.

OPINIONS OF THE ATTORNEY GENERAL

The Department of Marine Resources (DMR) had the authority to allow a retiring conservation officer to keep his sidearm where the officer in question had been employed with the Department of Wildlife, Fisheries and Parks for over 20 years before being transferred to the DMR. 2000 Miss. Op. Att'y Gen. 130.

§ 49-1-15. Conservation officers; appointments and qualifications.

  1. All appointments of conservation officers shall be under rules adopted and promulgated by the commission. No person shall be appointed from and after July 1, 2001, unless he meets the following requirements:
    1. Is at least twenty-one (21) years of age; and
    2. Has successfully completed sixty-four (64) semester hours at an accredited community college or university or has an associate degree from an accredited community college or has passed the Law Enforcement Academy and has at least five (5) years experience in law enforcement.
  2. Each applicant, prior to entering into performance of his duties, at the expense of the department, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers’ Training Academy or other training academy whose curriculum complies with requirements of the Board on Law Enforcement Officer Standards and Training. Conservation officers shall, on a periodic basis, be required to successfully complete additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.

HISTORY: Codes, 1942, §§ 5851, 5852; Laws, 1932, ch. 123; Laws, 1934, ch. 283; Laws, 1938, ch. 178; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 2; Laws, 1950, ch. 214; Laws, 1952, chs. 192, § 4, 186, § 4; Laws, 1958, ch. 171; Laws, 1962, ch. 184; Laws, 1974, ch. 569, § 9; Laws, 1980, ch. 553, § 2; Laws, 1984, ch. 518, § 4; Laws, 1984, 1st Ex Sess, ch. 28, § 2; Laws, 1985, ch. 504, § 6; Laws, 1989, ch. 423, § 1; Laws, 1998, ch. 346, § 1; Laws, 2001, ch. 506, § 1; Laws, 2002, ch. 362, § 1, eff from and after passage (approved Mar. 18, 2002.).

Editor’s Notes —

Section 7, ch. 504, Laws of 1985, effective from and after July 1, 1985, provides as follows:

“SECTION 7. Section 5, Chapter 518, Laws of 1984, as amended by Section 3, Chapter 28, First Extraordinary Session of 1984, is amended as follows:

“SECTION 5. (1) Nothing in Section 27-5-75 or 49-1-15 shall be construed to require employees who were hired prior to July 1, 1985, to retire prior to attaining the age of sixty-five (65) years unless, after attaining the age of sixty-two (62) years on or before June 30, 1986, and those who attain the age of sixty (60) years thereafter, they have completed four (4) years of creditable service for purposes of the Public Employees’ Retirement System, at which time they shall be retired forthwith.

“(2) Nothing in Section 27-5-75 or 49-1-15 shall be construed to prevent the State Tax Commission or the Mississippi Department of Wildlife Conservation from operating under an interim retirement policy until June 30, 1985, provided that said policy conforms with the provisions of The Age Discrimination In Employment Act of 1967, 29 U.S.C., Sections 621 et seq., including Section 623(f) thereof.

“(3) No inspection station employee or field inspector employed by the State Tax Commission, or conservation officer employed in the Bureau of Fisheries and Wildlife, shall be dismissed prior to July 1, 1985, solely because of his age, if said employee has not reached the age of seventy (70) years.”

Amendment Notes —

The 2001 amendment rewrote (1).

The 2002 amendment deleted former (1)(b); and redesignated former (1)(c) as (1)(b).

Cross References —

Mississippi Law Enforcement Officers’ Training Academy, see §§45-5-1 et seq.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Applicability of the qualifications of this section to enforcement officers appointed by the boat and water safety commission, see §59-21-123.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former §49-1-17.

7. Under former §49-1-23.

1. In general.

Physical fitness may be a job qualification despite the lack of formal fitness standards; the weight to be given the existence or absence of formal standards is for the fact-finder to decide, with its finding subject to appropriate appellate review on the entire record. EEOC v. Mississippi State Tax Comm., 873 F.2d 97, 1989 U.S. App. LEXIS 7098 (5th Cir. Miss. 1989).

Because Mississippi failed to establish health and fitness qualifications reasonably necessary for job of conservation officer and for which age could be used as valid proxy, clause in Age Discrimination in Employment Act of 1967 making it not unlawful for employer to take action otherwise prohibited where age was bona fide occupational qualification reasonably necessary to normal operation of particular business was not available; therefore, statute (§49-1-15) plainly violated Age Discrimination in Employment Act of 1967 and was unenforceable. EEOC v. Mississippi, 837 F.2d 1398, 1988 U.S. App. LEXIS 2506 (5th Cir. Miss. 1988).

Section 49-1-15, as amended and which became effective July 1, 1985, violates § 4(a) of Age Discrimination in Employment Act, 29 USCS § 623(a), in that it requires mandatory retirement of conservation officers of Department of Wildlife Conservation at age 60 and maximum hiring at age 35 and is unenforceable. EEOC v. Mississippi, 654 F. Supp. 1168, 1987 U.S. Dist. LEXIS 1426 (S.D. Miss. 1987), aff'd, 837 F.2d 1398, 1988 U.S. App. LEXIS 2506 (5th Cir. Miss. 1988).

2.-5. [Reserved for future use.]

6. Under former § 49-1-17.

Where the charges made by the game and fish commission to support the discharge of a game warden were not sufficient to comply with the statute, the action of the trial court in a mandamus action in entering judgment reinstating him to his position was not contrary to the overwhelming weight of the law and evidence. Vinzant v. Poole, 185 So. 2d 919, 1966 Miss. LEXIS 1535 (Miss. 1966).

7. Under former § 49-1-23.

Statute did not require that governor be present at hearing but rather required that written notice be given to the governor and the employee; even if the statute had required the governor’s attendance, the presence of his representative would have sufficed. Mississippi Game & Fish Com. v. Ainsworth, 326 So. 2d 811, 1976 Miss. LEXIS 1767 (Miss. 1976).

The chancery court could order the Mississippi Game and Fish Commission to pay the salary of an unreasonably discharged game warden supervisor without first making a judicial determination that the surety bonds of the members or officers of the commission were not available for satisfaction of such a judgment. Game & Fish Com. v. Marlar, 206 So. 2d 628, 1968 Miss. LEXIS 1579, 1968 Miss. LEXIS 1580 (Miss. 1968).

Where there is nothing in the record to show cause to discharge a game warden supervisor, and an order discharging him for reasons shown by the record was unreasonable, whimsical, and capricious, and constituted a breach of his rights under this section [Code 1942, § 5841], his dismissal was not justified. Game & Fish Com. v. Marlar, 206 So. 2d 628, 1968 Miss. LEXIS 1579, 1968 Miss. LEXIS 1580 (Miss. 1968).

Subdivisions (c) and (d) of this section [Code 1942, § 5841] apply to all employees, including game wardens, after 12 months of service. Vinzant v. Poole, 185 So. 2d 919, 1966 Miss. LEXIS 1535 (Miss. 1966).

Where the charges made by the game and fish commission to support the discharge of a game warden were not sufficient to comply with the statute, the action of the trial court in a mandamus action in entering judgment reinstating him to his position was not contrary to the overwhelming weight of the law and evidence. Vinzant v. Poole, 185 So. 2d 919, 1966 Miss. LEXIS 1535 (Miss. 1966).

Where the game and fish commission was in no way adversely affected by the plaintiff’s delay of seven months in filing a mandamus action for reinstatement to the position from which he had been unlawfully discharged, and there was no evidence of laches on plaintiff’s part, the judgment of the lower court reinstating the plaintiff was affirmed. Cannada v. Marlar, 185 So. 2d 649, 1966 Miss. LEXIS 1514 (Miss. 1966).

§ 49-1-16. Conservation Officers’ Reserve Unit.

There is hereby created a Conservation Officers’ Reserve Unit, hereinafter termed “the reserve,” to assist the conservation officers in the performance of their duties. The reserve shall consist of volunteers who are approved by the chief law enforcement officer of the department or his designated representative, and the members of the reserve shall serve without pay. Reserve officers shall be in such numbers as determined by the enforcement needs, with the maximum strength of reserve officers limited to the same number as conservation officers.

In order to be eligible for membership in the reserve, an applicant must be twenty-one (21) years of age, be a high school graduate or its equivalent, be in good physical condition, have a Mississippi driver’s license, be in good standing with the community, be available for training and duty, not be a member of any police, auxiliary police, civil defense, or private security agency, have never been convicted of a felony, and have one (1) of the following:

An honorable discharge or honorable separation certificate from one (1) of the United States military services;

Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons;

Successful completion of sixty (60) semester hours at an accredited college or university; or

Such qualifications as are outlined in this section for enforcement officers.

Members of the immediate family of conservation officers shall not be eligible for the reserve unless a special waiver is granted by the commission.

Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as conservation officers.

The reserve shall be under the leadership and direction of the chief law enforcement officer, who may designate a conservation officer to coordinate the actions of the reserve. The training of the reserve shall be conducted by a conservation officer. The reserve shall meet at least once each month for the purpose of training and transacting such business as may come before it. The chief law enforcement officer shall be notified in writing of all meetings of the reserve and the time and place of such meetings shall be recorded with the chief law enforcement officer. The chief law enforcement officer shall prepare a reserve officer’s manual with the advice and consent of the commission. The manual shall include, but is not limited to, the following: activities and operations, training, administration and duties. During active service, the reserve shall be under the direction of the chief law enforcement officer or his designated representative. When a reserve officer is on active duty and assigned to a specific conservation officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the chief law enforcement officer and may be dismissed by him or by a board of inquiry appointed by the commission. Reserve officers shall furnish their own uniforms and other personal equipment if the commission does not provide such items.

The commission may, by regulation, require members of the Conservation Officers’ Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies or at the Mississippi Law Enforcement Officers Training Academy at the expense of the commission if the commission deems such training necessary or desirable.

The commission may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The commission is authorized to develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.

In the event the commission shall determine that a member of the Conservation Officers’ Reserve Unit may attend a training program as authorized under the provisions of this section, the commission shall require that any such reserve officer shall sign an agreement, prior to attending a training program, which shall stipulate that if the reserve officer accepts employment from any other public or private law enforcement agency within three (3) years after completion of his training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the Department of Wildlife, Fisheries and Parks for the total cost of his training program. By October 1 of each year, the department shall provide the Game and Fish Committee of the Mississippi House of Representatives and the Wildlife and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.

HISTORY: Laws, 1990, ch. 577, § 2, eff from and after July 1, 1990.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Enforcement Officers’ Reserve Unit, see §49-15-21.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-17. Repealed.

Repealed by Laws of 1980, ch. 553, § 5, eff from and after July 1, 1980.

[Codes, 1942, §§ 5853, 5871; Laws, 1932, ch. 123; 1942, ch. 250; Laws, 1944, ch. 237, § 1; Laws, 1946, ch. 423, § 4; Laws, 1954, ch. 172; Laws, 1956, ch. 150; Laws, 1958, ch. 174; Laws, 1962, ch. 189, § 2; Laws, 1966, ch. 263, § 1; Laws, 1971, ch. 372, § 1; Am Laws, 1974, ch. 569 § 10]

Editor’s Notes —

Former §49-1-17 provided for rating all wardens on the basis of merit and efficiency.

§ 49-1-19. Political activity.

  1. No member of the commission, the executive director, administrative officer, employee, supervisor or conservation officer shall be active in any manner for or on behalf of his own candidacy or the candidacy of any candidate for any public office during his term of office or employment with said department. Violation of this subsection shall constitute a Class II violation and upon conviction thereof the violator shall be punished as provided in Section 49-7-143 for each offense. A conviction shall render vacant the office or position of the violator.
  2. While retaining the right to vote as he may please and to express privately his opinions on all political subjects, no executive director or conservation officer shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof, nor for the purpose of coercing the political action of any person or body.

HISTORY: Codes, 1942, §§ 5841, 5854; Laws, 1932, ch. 123; Laws, 1936, ch. 193; Laws, 1944, ch. 234, § 1; Laws, 1948, ch. 255, § 1; Laws, 1952, ch. 186, § 1; Laws, 1956, ch. 147, § 1; Laws, 1958, ch. 172, § 1; Laws, 1960, ch. 163, § 1 ¶¶ (a)-(e); Laws, 1974, ch. 569, § 11; Laws, 1985, ch. 504, § 8; Laws, 2000, ch. 516, § 12, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Prohibition against political activities of civil servants of municipalities, see §§21-31-27,21-31-75.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 49-1-19 prohibits conservation officer from being candidate for any public office. 1993 Miss. Op. Att'y Gen. 963.

Qualifying for office constitutes activity in violation of this section. 2002 Miss. Op. Att'y Gen. 688.

JUDICIAL DECISIONS

1. In general.

Although the statute prohibits convicted violators from continuing to serve in their office or position with the Mississippi Department of Wildlife, Fisheries, and Parks and a violation subjects them to a charge for a misdemeanor, it does not disqualify them from seeking or holding a political office. Callahan v. Leake County Democratic Exec. Comm., 773 So. 2d 938, 2000 Miss. LEXIS 246 (Miss. 2000).

§ 49-1-21. Fidelity bonds; oath of office.

  1. Each member of the commission or any officer or employee of the commission handling funds of the commission shall execute and file with the proper officer a bond in the sum of Thirty Thousand Dollars ($30,000.00), with a surety company authorized to do business in the state, which bond shall be approved by the Commissioner of Insurance and conditioned upon the faithful performance of his official duties. Premiums on the bonds shall be paid by the Department of Wildlife, Fisheries and Parks.
  2. The executive director shall execute and file with the State Treasurer a bond in the sum of Thirty Thousand Dollars ($30,000.00) and each conservation officer shall execute and file a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of their respective duties and that they, respectively, will account for and pay over pursuant to law all state monies received by them under the laws for the protection of wild animals, birds and fish. They shall be reimbursed for the premiums on their bonds from the Fisheries and Wildlife Fund in case a surety company acts as surety on such bond.

    Before entering upon the duties of his office, the Executive Director and each conservation officer of the Department of Wildlife, Fisheries and Parks shall take and subscribe to the constitutional oath of office. Such oath or affirmation shall be filed in the office of the Secretary of State.

HISTORY: Codes, 1942, §§ 5841, 5855; Laws, 1932, ch. 123; Laws, 1936, ch. 193, 1938, ch. 178; Laws, 1944, ch. 234, § 1; Laws, 1948, ch. 255, § 1; Laws, 1952, ch. 186, § 1; Laws, 1956, ch. 147, § 1; Laws, 1958, ch. 172, § 1; Laws, 1960, ch. 163, § 1 ¶¶ (a)-(e); Laws, 1974, ch. 569, § 12; Laws, 1982, ch. 365, § 3; Laws, 1983, ch. 368, § 1; Laws, 1991, ch. 366, § 1, eff from and after passage (approved March 15, 1991).

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Fisheries and wildlife fund, see §49-5-21.

JUDICIAL DECISIONS

1. In general.

The chancery court could order the Mississippi game and fish commission to pay the salary of an unreasonably discharged game warden supervisor without first making a judicial determination that the surety bonds of the members or officers of the commission were not available for satisfaction of such a judgment. Game & Fish Com. v. Marlar, 206 So. 2d 628, 1968 Miss. LEXIS 1579, 1968 Miss. LEXIS 1580 (Miss. 1968).

§§ 49-1-23 and 49-1-24. Repealed.

Repealed by Laws of 1988, ch. 405, eff from and after July 1, 1988.

§49-1-23. [Codes, 1942, §§ 5841, 5853; Laws, 1932, ch. 123; Laws, 1936, ch. 193; Laws, 1944, ch. 234, § 1; Laws, 1946, ch. 423, § 4; Laws, 1948, ch. 255, § 1; Laws, 1952, ch. 186, § 1; Laws, 1956, ch. 147, § 1; Laws, 1958, ch. 172, § 1; Laws, 1960, ch. 163, § 1 ¶¶ (a)-(e); Am Laws, 1974, ch. 569, § 13]

§49-1-24. [En Laws, 1980, ch. 553, § 6]

Editor’s Notes —

Former §49-1-23 provided procedures for dismissal of employees and wardens.

Former §49-1-24 related to a hearing and reasons for removal of a conservation officer.

§§ 49-1-25 and 49-1-27. Repealed.

Repealed by Laws of 1978, ch. 484, § 30, eff from and after July 1, 1979.

§49-1-25. [Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14]

§49-1-27. [Codes, 1942, § 5842; Laws, 1932, ch. 123; 1952, ch. 186, § 2; 1956, ch. 147, § 2; 1960, ch. 163 § 1(f)]

Editor’s Notes —

Former §49-1-25 provided for payment of traveling expenses of the commission.

Former §49-1-27 made provisions for meetings of the fish and game commission.

§ 49-1-29. Powers and duties of commission and executive director.

The commission may promulgate rules and regulations, inaugurate studies and surveys, and establish any services it deems necessary to carry out wildlife laws. A violation of any rules or regulations promulgated by the commission shall constitute a misdemeanor and shall be punished as provided in Section 49-7-101.

The executive director shall have authority with commission approval:

To close or shorten the open season as prescribed by law in cases of urgent emergency on any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians, in any locality, when it finds after investigation and public review that the action is reasonably necessary to secure the perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply in the affected area. The statutes shall continue in full force and effect, except as restricted and limited by the rules and regulations promulgated by the commission.

To designate wildlife refuges, with the consent of the property owner or owners, in any localities it finds necessary to secure perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply for the purpose of providing a safe retreat where the animals may rest and replenish adjacent hunting, trapping or fishing grounds or waters, and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.

To acquire and hold for the state by purchase, condemnation, lease, or agreement as authorized from time to time by the Legislature, and to receive by gifts or devise, lands or water suitable for fish habitats, game and bird habitats, state parks, access sites, wildlife refuges, or for public shooting, trapping or fishing grounds or waters, to provide areas on which any citizen may hunt, trap or fish under any special regulations as the commission may prescribe, and to approve lands suitable for such purposes as eligible for the income tax credit authorized under Section27-7-22.22.

To extend and consolidate lands or waters suitable for the above purposes by exchange of lands or waters under its jurisdiction.

To capture, propagate, transport, sell or exchange any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians needed for stocking or restocking any lands or waters of the state.

To enter into cooperative agreements with persons, firms, corporations or governmental agencies for purposes consistent with this chapter.

To regulate the burning of rubbish, slashings and marshes or other areas it may find reasonably necessary to reduce the danger of destructive fires.

To conduct research in improved wildlife and fisheries conservation methods and to disseminate information to the residents of the state through the schools, public media and other publications.

To have exclusive charge and control of the propagation and distribution of wild birds, animals, reptiles, fish and amphibians, the conduct and control of hatcheries, biological stations and game and fur farms owned or acquired by the state; to expend for the protection, propagation or preservation of game birds, game or fur-bearing animals, reptiles, fish and amphibians all funds of the state acquired for this purpose arising from licenses, gifts or otherwise; and shall have charge of the enforcement of all wildlife laws.

To grant permits and provide regulations for field trials and dog trainers.

To prohibit and to regulate the taking of nongame gross fish, except minnows.

To enter into agreements with landowners to trap and purchase quail on the premises of the landowner and to provide for the distribution of quail.

To operate or lease to third persons concessions or other rights or privileges on lakes owned or leased by the department. Owners of land adjoining land owned or leased by the department shall have priority to the concessions or rights or privileges, if the owners meet the qualifications established by the commission.

To implement a beaver control program and to charge fees, upon the recommendation of the Beaver Control Advisory Board, to landowners participating in the beaver control program described in Section 49-7-201.

To apply for, receive and expend any federal, state or local funds, contributions or funds from any other source for the purpose of beaver control or eradication.

To require the department to divide the districts into zones if necessary, and periodically survey the districts or zones to obtain information that is necessary to properly determine the population and allowable harvest limits of wildlife within the district or zone.

To require Chronic Wasting Disease (CWD) testing of white-tailed deer harvested within any enclosure; to grant wildlife personnel authority to access the property and depopulate white-tailed deer within an enclosure where CWD has been diagnosed; and to grant wildlife personnel authority to access the property and utilize lethal collection methods to obtain tissue samples for testing where CWD has been diagnosed within five (5) miles of the enclosure.

HISTORY: Codes, 1942, § 5844; Laws, 1932, ch. 123; Laws, 1946, ch. 423, § 3; Laws, 1947, 1st Ex Sess ch. 41; Laws, 1948, ch. 255, § 2; Laws, 1950, ch. 215; Laws, 1954, ch. 175, §§ 1, 2; Laws, 1956, ch. 148; Laws, 1958, ch. 176; Laws, 1962, ch. 181, § 1; Laws, 1966, ch. 261, § 1; Laws, 1970, ch. 279, § 1; Laws, 1973, ch. 378, § 1; Laws, 1988, ch. 435, § 1; Laws, 1989, ch. 377, § 7; Laws, 1989, ch. 402, § 3; Laws, 1989, ch. 544, § 112; Laws, 1996, ch. 486, § 1; Laws, 2003, ch. 516, § 5; Laws, 2010, ch. 503, § 2, eff from and after Jan. 1, 2010.

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Laws of 2010, ch. 503, § 6, effective January 1, 2010, provides:

“SECTION 6. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2003 amendment added (q).

The 2010 amendment, in (b) and (c), added “and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22” or similar language.

Cross References —

Procedure for acquiring land by condemnation, see §§11-27-1 et seq.

Payment of bounty for certain animals, see §19-5-51.

Establishment of fish and game management areas on lands leased to Commission on Wildlife, Fisheries and Parks by superintendent of prisons, see §47-5-56.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Publication of an official magazine concerning activities of the department, see §49-1-35.

Use of funds collected by commission, see §49-1-51.

Creation of bird and animal preserves, see §§49-5-1 et seq.

Regulation of game and fish management projects or refuges, see §§49-5-11 et seq.

Wildlife restoration projects in cooperation with federal government, see §49-5-25.

Fish culture activities by United States Commissioner of Fisheries, see §49-5-33.

Eradication of rabies among foxes, see §49-5-37.

Requirements for fishing license, see §49-7-9.

Regulation of wholesale minnow dealers, see §49-7-29.

Season on fox, see §49-7-33.

Regulation of hunting with bow and arrow, see §49-7-37.

Supervision of state lands leased for hunting, fishing, and conservation purposes, see §49-7-137.

Powers and duties of commission with respect to migratory waterfowl stamps, see §§49-7-161 et seq.

Beaver control program, see §§49-7-201,49-7-203.

Regulation of shooting preserves, see §§49-11-1 et seq.

Regulation of commercial quail, see §§49-13-1 et seq.

Authority of governor to accept gifts of land, see §55-3-1.

Services provided by Mississippi State Chemical Laboratory, see §§57-21-1 et seq.

Use of boats and other vessels, see §§59-21-1 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

The control of beavers and other nuisance animals is vested with the Mississippi Department of Wildlife, Fisheries and Parks, and it is incumbent upon the conservation officers thereof to carry out the control of such animals as a part of their official duties. 1998 Miss. Op. Att'y Gen. 731.

RESEARCH REFERENCES

ALR.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond. 15 A.L.R.2d 754.

Liability for injury to property inflicted by wild animal. 57 A.L.R.2d 242.

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

CJS.

36A C.J.S., Fish §§ 24-26.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

JUDICIAL DECISIONS

1. In general.

The stop and search of defendant’s pickup truck at a roadblock set up by game wardens to conduct routine game checks in a wildlife management area did not constitute a condemned intrusion on defendant’s Fourth Amendment right against unreasonable search and seizure. Drane v. State, 493 So. 2d 294, 1986 Miss. LEXIS 2379 (Miss. 1986), cert. denied, 482 U.S. 916, 107 S. Ct. 3189, 96 L. Ed. 2d 677, 1987 U.S. LEXIS 2537 (U.S. 1987).

Notwithstanding a technical flaw in Commission on Wildlife Conservation’s regulation under the authority of which the initial stop was made, the stop of defendant’s pickup truck at a roadblock set up by game wardens to conduct routine game checks in a wildlife management area, and the search of the vehicle when, while preparing to inspect defendant’s hunting license or identification, one of the wardens detected the odor of marijuana, were authorized by Mississippi law, since the initial stop was authorized by the necessary and proper language of Mississippi Code §49-1-29, and the search was permissible under Mississippi Code §49-1-43, because probable cause existed after the warden detected the odor of marijuana. Drane v. State, 493 So. 2d 294, 1986 Miss. LEXIS 2379 (Miss. 1986), cert. denied, 482 U.S. 916, 107 S. Ct. 3189, 96 L. Ed. 2d 677, 1987 U.S. LEXIS 2537 (U.S. 1987).

Suit for damages against Mississippi Game and Fish Commission under 42 USCS §§ 1981 and 1983 was barred by the Eleventh Amendment. Clifton v. Grisham, 381 F. Supp. 324, 1974 U.S. Dist. LEXIS 7063 (N.D. Miss. 1974).

Game wardens who had observed the defendant catch catfish smaller than the legal minimum by means of illegal traps in a public lake and subsequently transport them by boat to a point where he loaded them on a pickup truck were lawfully entitled to arrest the defendant and search his truck, and their evidence was admissible in court. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

The fact that a defendant who admitted that he was catching fish “trying to make a living” had not paid the commercial fisherman’s privilege license required by Code 1942, § 5609 was no defense to a charge of possession of undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

An admission of guilt made by a defendant spontaneously and before arresting game wardens had an opportunity to advise him of his constitutional rights was admissible against him when tried on the charge of possessing undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

No recovery allowed a riparian owner as against the members of the state game and fish commission for the value of fish taken from an inland lake under a contract between the commission and another for the removal of predatory fish and nongame gross fish, a percentage of the latter being given the contractor as consideration for the removal. State Game & Fish Com. v. Louis Fritz Co., 187 Miss. 539, 193 So. 9, 1940 Miss. LEXIS 220 (Miss. 1940).

Where on review in the Supreme Court, the members thereof were equally divided as to whether the state game and fish commission and a contractor hired by such commission should be enjoined from removing predatory and non-game gross fish from an inland lake at the suit of a riparian owner, such injunction would be continued. State Game & Fish Com. v. Louis Fritz Co., 187 Miss. 539, 193 So. 9, 1940 Miss. LEXIS 220 (Miss. 1940).

§ 49-1-31. Repealed.

Repealed by Laws of 2000, ch. 376, § 1, eff from and after passage April 17, 2000.

[Codes, 1942, § 5844-11; Laws, 1946, ch. 209, § 1; Laws, 1974, ch. 569, § 14, eff from and after passage (approved April 24, 1974).]

Editor’s Notes —

Former §49-1-31 prohibited the Commission on Wildlife, Fisheries and Parks from regulating fishing on the banks of the spillway of the Sardis Reservoir.

§ 49-1-33. Acquisition of lands overflowed by construction of dam.

Whenever the commission shall desire to construct or cause to be constructed any dam or similar structure in or across any lake, stream, river or other waters under its control in order to prevent or control the deterioration or drying up of such waters, and the construction of such dam or other structure could cause the level of such waters to be raised and thereby cause the land or property adjoining or adjacent to such lake, stream, river, or other waters to be overflowed, inundated or flooded, the commission shall have the power and authority to acquire, hold and own any such land or property so overflowed, inundated or flooded from the owner thereof by purchase, grant, donation, or otherwise. The commission is hereby authorized and empowered to exercise the right of eminent domain to condemn any such land or property in the manner and method now or hereafter provided by law for the exercise of such right of eminent domain by railway, telegraph and telephone companies, and/or the Mississippi Transportation Commission.

HISTORY: Codes, 1942, § 5844-01; Laws, 1944, ch. 235, § 1; Laws, 2000, ch. 516, § 13, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Procedure for exercising right of eminent domain, see §§11-27-1 et seq.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Eminent Domain § 54.

CJS.

29A C.J.S., Eminent Domain § 60(3).

§ 49-1-35. Official magazine of department.

  1. The commission may publish an official magazine concerning the activities of the department and other matters of interest to Mississippi hunters, fishermen, boaters and other outdoorsmen. The commission may set, charge and collect a fee for subscriptions and make such other rules and regulations as may be necessary for the publishing of such magazine.
  2. For the purposes of this section, the term “publish” includes the publishing and production of the current print version of a magazine, as well as the production and distribution of a digital version of the magazine which shall be available exclusively online and/or in a mobile application.
  3. In order to offset costs related to the print and digital versions of the magazine, and to minimize subscription costs, the Mississippi Department of Wildlife, Fisheries and Parks is authorized to sell advertisements in and on any media falling under its control, including the official magazine, the department’s website and any mobile application.
  4. The department may establish a fund to be known as the MS Outdoors Fund. The proceeds from subscriptions and sales of advertisements shall be deposited in such fund. Monies in such fund shall be deposited in an interest-bearing account in an approved state depository. Proceeds from this account, along with the interest earned on the same, for each fiscal year’s magazine shall be transferred to the department’s operating account to defray the publishing expenses of MS Outdoors, the digital magazine and related expenses.

HISTORY: Codes, 1942, § 5844-05; Laws, 1962, ch. 183; Laws, 1983, ch. 338; Laws, 2000, ch. 516, § 14; Laws, 2016, ch. 370, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall refer to the Mississippi Commission on Wildlife, Fisheries and Parks and the term “department” shall mean the “Department of Wildlife, Fisheries and Parks.”

Amendment Notes —

The 2016 amendment designated the former first and second sentences of the section (1); inserted “set” in the second sentence; deleted the former third sentence, which read: “The subscription rates shall be as follows: for a one-year subscription, not less than Five Dollars ($5.00) nor more than Nine Dollars ($9.00); for a two-year subscription, not less than Nine Dollars and Fifty Cents ($9.50) nor more than Seventeen Dollars and Fifty Cents ($17.50); and for a three-year subscription, not less than Fourteen Dollars and Fifty Cents ($14.50) nor more than Twenty-six Dollars and Fifty Cents ($26.50)”; added (2) and (3); and designated the former last four sentences of the section as (4), and therein inserted “and sales of advertisements” in the second sentence, and in the last sentence, substituted “department’s” for “Bureau of Administration’s” and inserted “the digital magazine.”

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

§ 49-1-37. Power to dispose of contraband animals, birds, fish, etc.

The edible portions of all game or fur-bearing animals, game birds, and fish seized under the provisions of this chapter or any other law for the protection of wild animals, birds, or fish, shall be disposed of by the department or under its direction to needy recipients, charitable institutions within the state and to local law enforcement agencies having facilities to prepare food for prisoners. Skins or pelts of fur-bearing animals, taken illegally, may be seized and sold by order of the department, and the funds received for same shall be paid into the Fisheries and Wildlife Fund. Nongame birds, fish and animals or parts thereof, and the plumes or skins of game birds of foreign species shall be disposed of by the department, or under its direction, by gift to scientific institutions, or, in the discretion of the department, they shall be kept by it for scientific or educational purposes, or may be destroyed. The officer disposing of any such animals, birds, fish or parts thereof, shall take a receipt from the donee for any such gift, which receipt shall be filed in the office of the department, and the department shall keep a permanent record of such gifts.

HISTORY: Codes, 1942, § 5848; Laws, 1932, ch. 123; Laws, 1936, ch. 221; Laws, 1982, ch. 365, § 4; Laws, 2002, ch. 363, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “needy recipients, charitable institutions within the state and to local law enforcement agencies having facilities to prepare food for prisoners” for “hospitals, charitable institutions, and alms houses within the state” near the end of the first paragraph; and inserted “fish and animals” in the third sentence.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Fisheries and wildlife fund, see §49-5-21.

RESEARCH REFERENCES

ALR.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself. 44 A.L.R.3d 1008.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-39. Power to capture or destroy animals injurious to property.

The commission may issue permits to kill any species of animals or native, nonmigratory birds which may become injurious to agricultural or other interests in any particular community. All migratory birds, including hawks, owls, and eagles and their nests and eggs are protected by the Migratory Bird Treaty Act and federal regulations promulgated under the act. All species of blackbirds, cowbirds, starlings, crows, grackles, and English sparrows may be killed without a permit when such birds are committing or about to commit depredations on shade or ornamental trees or agricultural crops.

HISTORY: Codes, 1942, § 5849; Laws, 1932, ch. 123; Laws, 1970, ch. 280, § 1; Laws, 2000, ch. 368, § 1, eff from and after passage (approved Apr. 17, 2000.).

Cross References —

Payment of bounty for certain animals, see §19-5-51.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Federal Aspects—

Migratory Bird Treaty Act, see 16 USCS §§ 703 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 39.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-41. Power to issue permits for scientific or propagation purposes.

The commission may issue a permit, revocable at pleasure, to any person authorizing the holder to collect and possess wild animals or wild birds, or birds’ nests or eggs for scientific purposes, but no permit shall authorize the collection, possession, purchase or sale of migratory birds, or their nests or eggs, included in the terms of the Migratory Bird Treaty Act of July 3, 1918, and the federal regulations thereunder, for scientific exhibition, or propagating purposes, contrary to the provisions of said act and/or regulations. Before such a permit is issued for scientific purposes the applicant must pay the sum of One Dollar ($1.00) for the permit; but duly accredited representatives of public educational or scientific institutions, or government departments of the United States engaged in the scientific study of birds and animals may be granted any permit required under this chapter without enforcement or charge, and no scientific permittee shall be required to obtain a hunting license.

Permits to take, possess, purchase or sell rare or endangered species shall not be issued except, at the discretion of the commission, to a duly accredited representative of a school, college or university, museum or other scientific institution, or a representative of a federal or state agency for scientific or propagation purposes devoted to perpetuating the species.

Permits to take game or fur-bearing animals or game birds during the closed season shall not be issued except to a duly accredited representative of a school, college or university, museum or other scientific institution, or a representative of a state game commission to restock the covers of the state which he represents.

A person holding a valid permit issued pursuant to the provisions of this section may buy, sell, possess and transport, for scientific purposes, the animals and birds legally taken, and sell them alive for propagation or stocking purposes, to a person holding such a permit.

When transported by a common carrier, or contained in a package, such a specimen, or any package in which same is transported, shall have clearly and conspicuously marked on the outside the name and address of the consignor and consignee, an accurate statement of the number and kinds of animals or birds or specimens, or parts thereof, or birds’ nests or eggs contained therein, and that such specimens are for scientific or propagation purposes.

Each person receiving a permit under this section must file with the commission within fifteen (15) days after the expiration of his permit, a report of his operations under the permit, which report shall set forth the name and address of the permittee, number of his permit, number of specimens of each species taken thereunder, or otherwise acquired, disposition of same, names and addresses of persons acquiring same from the permittee, and number of each species in captivity and the number on hand for propagation purposes at the expiration of the permit.

The commission may prescribe rules and regulations governing the possession, purchase, sale and transportation of animals and birds for propagation purposes or raised in captivity under this section.

HISTORY: Codes, 1942, § 5850; Laws, 1932, ch. 123; Laws, 1970, ch. 281, § 1; Laws, 2000, ch. 516, § 15, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Enforcement of game and fish laws, see §49-1-43.

Regulation of bird and animal preserves, see §§49-5-1 et seq.

Protection of nongame birds, nests, and eggs, see §49-5-7.

Posting of refuges, see §49-5-19.

Adoption of Federal Migratory Bird Treaty Act, see §49-5-31.

Fish culture activities of United States Commissioner of Fisheries, see §49-5-33.

Federal Aspects—

Migratory Bird Treaty Act, see 16 USCS §§ 703 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 29.

CJS.

36A C.J.S., Fish §§ 24-26.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-43. Powers and duties of director of Department of Wildlife, Fisheries and Parks.

  1. The director shall have general supervision and control of all conservation officers, and shall enforce all the laws and regulations of the state relating to wild animals, birds and fish, and shall exercise all necessary powers incident thereto not specifically conferred on the department.
  2. The director, with the approval of the commission, shall make to the Governor and the Legislature a report covering the operation of the department for the preceding fiscal year.
  3. It shall be the duty of all conservation officers to enforce, and to obey and carry out all instructions and directions of the department with respect to the enforcement of the laws and regulations relating to wild animals, birds and fish.
  4. The director and each conservation officer shall have power, and it shall be the duty of the director and of each conservation officer:
    1. To execute all warrants and search warrants for a violation of the laws and regulations relating to wild animals, birds and fish and to serve subpoenas issued for the examination and investigation or trial of offenses against any of the laws or regulations;
    2. To search where the conservation officer has cause to believe and does believe that animals, birds or fish, or any parts thereof, or the nest or eggs of birds, or spawn or eggs of fish are possessed in violation of law or regulation and in such case to examine, without warrant, the contents of any boat, car, automobile or other vehicle, box, locker, basket, creel, crate, game bag or other package, to ascertain whether any law or regulation for the protection of animals, birds or fish have been or are being violated, and to use such force as may be necessary for the purpose of such examination and inspection;
    3. With a search warrant to search and examine the contents of any dwelling house, room, building or premises of any person suspected of violating any law or regulation, to seize all animals, birds or fish, or parts thereof, or nests or eggs of birds taken in violation of law or regulation, or showing evidence of illegal taking and to seize and confiscate all devices illegally used in taking animals, birds or fish;
    4. To arrest, without warrant, any person committing or attempting to commit a misdemeanor, felony or a breach of the peace within his presence or view and to pursue and so arrest any person committing an offense in any place in the state where the person may go or be; to aid and assist any peace officer of this state or any other state if requested, in manhunts or natural disasters within the state; and
    5. To exercise other powers of peace officers in the enforcement of game laws or regulations or of a judgment for the violation thereof, as are not herein specifically provided.
  5. In all cases of arrest without warrant, the person making such arrest must inform the accused of the object and cause of the arrest, except when he is in the actual commission of the offense or is arrested on pursuit.
  6. No conservation officer shall compromise or settle out of court any violation of this chapter, or any law or regulation for the protection of wild animals, birds or fish.
  7. Nothing in this section shall be construed as granting conservation officers general police powers.
  8. Citations issued by a conservation officer for any violation of the laws for the protection of wild animals, birds and fish, the trespass laws, the litter laws, and the boating laws shall be issued on a uniform citation form consisting of an original and at least two (2) copies. Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard, and the date and time the person charged with a violation is to appear to answer the charge. The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint.

HISTORY: Codes, 1942, §§ 5843.2, 5856; Laws, 1932, ch. 123; Laws, 1956, ch. 147, § 5; Laws, 1970, ch. 278, § 1; Laws, 1974, ch. 569, § 15; Laws, 1994, ch. 592, § 1; Laws, 1996, ch. 407, § 1, eff July 1, 1996.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (4). The word “officers” was changed to “officer”. The Joint Committee ratified the correction at its December 3, 1996, meeting.

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks, that the term “department” shall mean the Mississippi Department of Wildlife, Fisheries and Parks, and that the word “director” shall mean and refer to the Executive Director of the Department of Wildlife, Fisheries and Parks.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Conservation officer defined as law enforcement officer of the Department of Wildlife, Fisheries and Parks, see §49-1-12.

Posting of refuges, see §49-5-19.

Director’s membership on water pollution control commission, see §49-17-7.

OPINIONS OF THE ATTORNEY GENERAL

An officer may only issue citations for offenses committed in his presence. If he did not witness the offense, he should present his evidence to a judge and seek an arrest warrant. 2005 Miss. Op. Att'y Gen. 171.

RESEARCH REFERENCES

ALR.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself. 44 A.L.R.3d 1008.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 7.

36A C.J.S., Fish § 29.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 7.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

JUDICIAL DECISIONS

1. In general.

2. Search and seizure.

1. In general.

Notwithstanding a technical flaw in Commission on Wildlife Conservation’s regulation under the authority of which the initial stop was made, the stop of defendant’s pickup truck at a roadblock set up by game wardens to conduct routine game checks in a wildlife management area, and the search of the vehicle when, while preparing to inspect defendant’s hunting license or identification, one of the wardens detected the odor of marijuana, were authorized by Mississippi law, since the initial stop was authorized by the necessary and proper language of Mississippi Code §49-1-29, and the search was permissible under Mississippi Code §49-1-43, because probable cause existed after the warden detected the odor of marijuana. Drane v. State, 493 So. 2d 294, 1986 Miss. LEXIS 2379 (Miss. 1986), cert. denied, 482 U.S. 916, 107 S. Ct. 3189, 96 L. Ed. 2d 677, 1987 U.S. LEXIS 2537 (U.S. 1987).

Since the probable cause requirement of §49-1-43 applies to searches only, the fact that a regulation promulgated by the Commission on Wildlife Conservation, under the authority of which defendant’s vehicle was stopped, which permitted the search of vehicles by an officer who had no cause to believe that a violation had been committed, conflicted with the statute did not benefit defendant’s argument that the stop of his vehicle was invalid, because the stop of a vehicle is a seizure. Drane v. State, 493 So. 2d 294, 1986 Miss. LEXIS 2379 (Miss. 1986), cert. denied, 482 U.S. 916, 107 S. Ct. 3189, 96 L. Ed. 2d 677, 1987 U.S. LEXIS 2537 (U.S. 1987).

Although the law permits the search of certain vehicles for contraband, an officer does not have the right to search an automobile merely because he “suspects” that the vehicle contains contraband. Smith v. State, 240 Miss. 738, 128 So. 2d 857, 1961 Miss. LEXIS 505 (Miss. 1961).

2. Search and seizure.

Paragraph (b) of subsection (4) authorized the search of a boat, car, and purse where an officer testified that he observed the occupants of the car in the boat shocking fish out of a river. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

The warrantless search of a boat pursuant to §49-1-43 was proper under the vehicle exception to the warrant requirement, notwithstanding a three hour delay between the time an officer saw illegal fishing on the boat and the actual search. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

Law enforcement agents must have probable cause to believe that property has been used in violation of the law before conducting seizures pursuant to the statute. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

§ 49-1-43.1. Conservation officers not subject to criminal liability for trespass when performing official duties.

  1. A conservation officer may enter in or upon public or private lands or waters where game or fish are known to range in the performance of his duties to enforce the wildlife laws of the state and the conservation officer shall not be subject to criminal liability for trespass while performing such duties.
  2. The provisions of subsection (1) of this section shall not authorize a conservation officer to engage in any conduct in violation of a person’s constitutional right against unreasonable searches and seizures nor expand or enlarge upon the powers and duties of a conservation officer as specifically provided for under Section 49-1-43.

HISTORY: Laws, 2006, ch. 511, § 1, eff from and after passage (approved Mar. 29, 2006.).

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-44. Powers and duties of conservation officers to apprehend certain violators.

In addition to the regulations of the commission and the statutes relating to protection and preservation of wildlife and the environment, conservation officers are hereby authorized to assist in the detection and apprehension of violators of the laws of this state which pertain to theft of cattle, to enforce and apprehend violators of the laws of this state which pertain to unauthorized dumping of garbage, obstructing streams and littering, as set forth specifically in Sections 97-15-13, 97-15-21, 97-15-23, 97-15-25, 97-15-27, 97-15-29, 97-15-31, 97-15-39, 97-15-41, 97-15-43, 97-15-45, 97-17-53, 97-17-79, 97-17-81 and 97-17-83, but not limited thereto, and in addition to any other powers and duties otherwise delegated or assigned to conservation officers.

HISTORY: Laws, 1974, ch. 569, § 2; Laws, 1994, ch. 592, § 2, eff from and after passage (approved April 8, 1994).

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Conservation officer defines as law enforcement officer of the Department of Wildlife, Fisheries and Parks, see §49-1-12.

Enforcement of laws concerning theft of cattle, see §§69-29-1 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-45. Publication of rules, regulations and orders.

Rules, regulations and orders of the commission shall be published in accordance with the “Mississippi Administrative Procedures Law.”

HISTORY: Codes, 1942, § 5846; Laws, 1932, ch. 123; Laws, 2006, ch. 372, § 1, eff from and after passage (approved Mar. 13, 2006.).

Amendment Notes —

The 2006 amendment rewrote the section to conform publication of wildlife regulations to the administrative procedure law.

Cross References —

Mississippi Administrative Procedures Law, see §§25-43-1.101 et seq.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Posting of refuges, see §49-5-19.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-47. Commission may execute deeds to clear up ambiguities in conveyances to it.

The commission is hereby authorized to execute and deliver deeds or other documents to make clear any ambiguity that may exist in any deed or conveyance to it, or to make the deed or conveyance to the commission conform to the intent of the parties as to the estate or rights or easements conveyed. Such deeds or documents shall be based upon an order of the commission setting forth the facts, shall be submitted to and approved by the Attorney General and executed and delivered for the commission by the director.

HISTORY: Codes, 1942, § 5912-01; Laws, 1946, ch. 470, § 1; Laws, 2000, ch. 516, § 16, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks, and that the term “director” shall mean Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

Cross References —

Power and authority of Attorney General, see §7-5-1.

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

§ 49-1-49. Cooperation with other departments.

The commission is hereby authorized to, and shall cooperate with the several state departments and officials in the conduct of matters in which the interest of the respective departments or officials overlap.

HISTORY: Codes, 1942, § 5845; Laws, 1932, ch. 123.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-1-51. Funds.

All funds collected by the department under this chapter shall be used by the commission for the purpose of carrying out all purposes of this chapter.

HISTORY: Codes, 1942, § 5862; Laws, 1932, ch. 123; Laws, 1936, ch. 221; Laws, 1938, ch. 178; Laws, 1948, ch. 25, § 3; Laws, 2000, ch. 516, § 17, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks, that the term “department” shall mean the Mississippi Department of Wildlife, Fisheries and Parks, and that the word “director” shall mean and refer to the Executive Director of the Department of Wildlife, Fisheries and Parks.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Collection of annual sum for discharging industrial waste into streams, see §49-1-29.

Establishment of a fund in connection with the publication of an official magazine of the department, see §49-1-35.

Creation of Fisheries and Wildlife fund, see §49-5-21.

Fines and penalties assessed for violation of game and fish laws, see §§49-5-39,49-7-101.

Funds collected for licenses, see §49-9-11.

JUDICIAL DECISIONS

1. In general.

County warrant issued against game and fish fund, which did not contain funds to pay warrant for printing of licenses and copies of game and fish laws necessary for enforcement of laws in county, was undisputed outstanding obligation of the county, and hence holder of warrant could compel board of supervisors by mandamus to issue and sell bonds of county in sufficient amount to pay warrant after repeal of previous game and fish laws, since legislature in repealing former laws on the subject did not intend an unconstitutional repudiation of a debt incurred under such repealed laws. Tucker Printing Co. v. Board of Sup'rs, 171 Miss. 608, 158 So. 336, 1934 Miss. LEXIS 285 (Miss. 1934).

§ 49-1-53. Offices; supplies.

The department may, with any funds owned by it, purchase equipment and/or office furnishings sufficient to carry on its work; and, if the Department of Finance and Administration cannot assign suitable offices for the department in either of the state capitols, in the city of Jackson, then the Department of Finance and Administration shall rent suitable offices to properly house the department which shall then be authorized to pay such rental out of any of its funds.

HISTORY: Codes, 1942, § 5911; Laws, 1934, ch. 284; Laws, 2000, ch. 516, § 18, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “department” shall mean and refer to the Mississippi Department of Wildlife, Fisheries and Parks.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

§ 49-1-55. Natural Science Museum.

  1. The Mississippi Commission on Wildlife, Fisheries and Parks’ Mississippi Museum of Natural Science is hereby designated as Mississippi’s official State Natural Science Museum.

    The museum will henceforth be named “Mississippi Museum of Natural Science, The Fannye A. Cook Memorial, a Division of the Mississippi Department of Wildlife, Fisheries and Parks.”

  2. The Legislature shall annually appropriate from the General Fund a sum to defray not less than one hundred percent (100%) of the expenses of the museum.

HISTORY: Codes, 1942, § 5928.5; Laws, 1971, ch. 309, §§ 1, 2; Laws, 1977, ch. 356; Laws, 2000, ch. 516, § 19, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

§ 49-1-57. Assent to federal program for promotion of hunter safety, principles of conservation and sportsmanship.

The State of Mississippi hereby assents to the provisions of the Act of Congress entitled, “An Act to Revise and Clarify the Federal Aid in Wildlife Restoration Act and the Federal Aid in Fish Restoration Act,” approved October 23, 1970 (Public Law 91-503, 91st Congress). The department may:

Establish a hunter safety conservation and sportsmanship program;

Apply for, receive and expend funds from any source for this program; and

Discharge any other duties, responsibilities and powers as are necessary to implement the program.

HISTORY: Codes, 1942, § 5844-13; Laws, 1972, ch. 314, § 1; Laws, 1995, ch. 409, § 1, eff from and after passage (approved March 15, 1995).

Editor’s Notes —

Section 49-1-1 provides that the term “State Game and Fish Commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Funding of program authorized under this section through hunter training penalty assessment fund, see §49-1-65.

Federal Aspects—

For Public Law 91-503, see 16 USCS §§ 669b to 669g-1.

§ 49-1-59. Repealed.

Repealed by Laws of 1995, ch. 409, § 6, effective from and after passage (approved March 15, 1995).

[Codes, 1942, § 5844-14; Laws, 1972, ch. 314, § 2]

Editor’s Notes —

Former §49-1-59 was entitled: Reports required for federal assistance.

§ 49-1-60. Insurance covering hunter safety program.

  1. The department is hereby authorized to purchase liability insurance to cover the following:
    1. Any officer in charge and control of an armory used for firearm instruction in the State of Mississippi, as a part of the Mississippi Hunter Safety Program;
    2. Any Mississippi certified hunter and firearm instructor, while participating in the Mississippi Hunter Safety Program; and
    3. Any student participating in hunter safety courses sponsored by the department’s Hunter Safety Program and being taught by a hunter safety instructor certified by the department’s Hunter Safety Program.
  2. The premium for such liability insurance shall be paid from the Fisheries and Wildlife Fund.

HISTORY: Laws, 1974, ch. 524, §§ 1, 2; Laws, 1982, ch. 365, § 5; Laws, 1985, ch. 474, § 52; Laws, 1986, ch. 438, § 33; Laws, 1987, ch. 483, § 34; Laws, 1988, ch. 442, § 31; Laws, 1989, ch. 537, § 30; Laws, 1990, ch. 518, § 31; Laws, 1991, ch. 618, § 30; Laws, 1992, ch. 491 § 32; Laws, 1995, ch. 409, § 2, eff from and after passage (approved March 15, 1995).

Cross References —

Fisheries and wildlife fund, see §49-5-21.

§§ 49-1-61 through 49-1-63. Repealed.

Repealed by Laws of 1995, ch. 409, §§ 7-9, effective from and after passage (approved March 15, 1995).

§49-1-61. [Codes, 1942, § 5844-15; Laws, 1972, ch. 314, § 3]

§49-1-62. [En Laws, 1976, ch. 383, § 2]

§49-1-63. [Codes, 1942, § 5844-16; Laws, 1972, ch. 314, § 4]

Editor’s Notes —

Former §49-1-61 was entitled: Administrator of hunter safety, conservation and sportsmanship program.

Former §49-1-62 was entitled: Appointment and salary of hunter safety officers.

Former §49-1-63 was entitled: Establishment of public target ranges.

§ 49-1-65. Hunter Education and Training Program Fund.

Any assessments collected under subsection (3) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the “Hunter Education and Training Program Fund,” which shall be expended to defray the expenses of the program as authorized and appropriated by the Legislature. In addition, the Legislature shall annually appropriate from the General Fund a sum to defray the necessary expenses of the program.

HISTORY: Laws, 1976, ch. 383, § 3; Laws, 1978, ch. 384, § 1; Laws, 1982, ch. 365, § 6; Laws, 1990, ch. 329, § 9; Laws, 1995, ch. 409, § 3, eff from and after passage (approved March 15, 1995).

Cross References —

Transfer of powers and duties of Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Fisheries and wildlife fund, see §49-5-21.

Deposit of portion of standard state assessment into the Hunter Education and Training Program Fund, see §99-19-73.

Chapter 2. Department of Environmental Quality

In General

§ 49-2-1. Declaration of purpose.

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.

HISTORY: Laws, 1978, ch. 484, § 1; Laws, 2000, ch. 516, § 20, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Commission on Environmental Quality, §49-17-7.

Mississippi Brownfields Voluntary Cleanup and Redevelopment Act, §§49-35-1 et seq.

State Permit Board, §51-3-15.

Brice’s Crossroads-Tupelo Battlefield Commission, §55-15-1.

Confederate Monumental Park Commission, §55-15-43.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Commerce §§ 95, 97.

CJS.

81A C.J.S., States §§ 75, 76, 251.

Law Reviews.

Bennett, Environmental Concerns in Bankruptcy Litigation. 10 Miss. C. L. R 5, Fall 1989.

Hauberg and Dawkins, Framework for an Environmental Crimes Act in Mississippi. 61 Miss. L. J. 255 (Fall 1991).

§ 49-2-2. Definitions.

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

“Department” means the Mississippi Department of Environmental Quality.

“Commission” means the Mississippi Commission on Environmental Quality.

“Office” means an administrative subdivision of the department.

“Executive director” means the chief officer of the department.

“Environmental self-evaluation report” means any document, including any audit, report, finding, communication, or opinion or any draft of an audit, report, finding, communication or opinion, prepared solely as a part of or in connection with a voluntary self-assessment that is done in good faith, which report is kept and maintained solely within the confines of the evaluated party.

“Voluntary self-evaluation” means a self-initiated internal assessment, audit, or review, not otherwise expressly required by environmental law, of a facility or an activity at a facility, or management systems related to a facility or an activity. A voluntary self-evaluation shall be designed to identify and prevent noncompliance with environmental laws, and improve compliance with environmental laws. In addition, a voluntary self-evaluation must be conducted by an owner or operator of a facility or an employee of the owner or operator or by a private contractor engaged by the owner or operator.

“Environmental law” means any federal, state or local statute, rule or regulation, or any order, award, agreement, release, permit, license, standard or notice from or issued by a federal, state or local court, agency or governmental authority in pursuance thereof.

HISTORY: Laws, 1989, ch. 544, § 134; Laws, 1990, ch. 522, § 27; Laws, 1995, ch. 627, § 3, eff from and after July 1, 1995.

Cross References —

Mississippi Department of Natural Resources as meaning Department of Environmental Quality, see §49-2-7.

§ 49-2-3. Repealed.

Repealed by Laws of 1989, ch. 544, § 131, effective from and after July 1, 1989.

[En Laws, 1978, ch. 484, § 2]

Editor’s Notes —

Former §49-2-3 provided definitions applicable to this chapter.

§ 49-2-4. Department of Environmental Quality; executive director; qualifications.

  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. 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:
    1. 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
    2. 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.

HISTORY: Laws, 1989, ch. 544, § 128, eff from and after July 1, 1989.

Cross References —

Department of Environmental Quality to continue to use stationery or other supplies of predecessor agency until supplies depleted, see §7-17-33.

Selection of site for commercial hazardous waste management facility, see §§17-18-1 et seq.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement any law administered by the department of Environmental Quality, see §49-17-25.

Creation of Mississippi Comprehensive Multimedia Waste Minimization Program within the department, see §49-31-11.

§ 49-2-5. Commission on Environmental Quality.

  1. There is hereby created the Mississippi Commission on Environmental Quality, to be composed of seven (7) persons appointed by the Governor, with the advice and consent of the Senate, for a term of seven (7) years. One (1) person shall be appointed from each congressional district as constituted January 1, 1978, and two (2) members shall be appointed from the state at large. The initial terms of the members from congressional districts shall be for one (1), two (2), three (3), four (4) and five (5) years respectively, and the initial terms of the members from the state at large shall be one (1) for six (6) years and one (1) for seven (7) years. Thereafter, all terms shall be for seven (7) years. The members serving on the predecessor Commission on Natural Resources on June 30, 1989, shall continue to serve as members of the successor Commission on Environmental Quality until the expiration of the term of their appointment to the predecessor commission.
  2. The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused.
  3. 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 Constitution and shall enter into 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. Any member who shall not attend three (3) consecutive regular meetings of the commission shall be subject to removal by a majority vote of the commission members.
  4. The members of the commission shall receive no annual salary, but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties, and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.

    The commission shall be composed of persons with extensive knowledge of or practical experience in at least one (1) of the matters of jurisdiction of the commission.

  5. The commission is authorized and empowered to use and expend any funds received by it from any source for the purposes of this chapter. Such funds shall be expended in accordance with the statutes governing the expenditure of state funds.
  6. At least a majority of the members of the commission shall represent the public interest and shall not derive any significant portion of their income from persons subject to permits under the federal Clean Air Act or enforcement order under the federal Clean Air Act. In the event of any potential conflict of interest by a member of the commission, such member shall disclose the potential conflict to the other members of the commission and shall recuse himself or herself from participating in or voting on any matter related to such conflict of interest.

HISTORY: Laws, 1978, ch. 484, § 3; Laws, 1980, ch 560, § 22; Laws, 1989, ch. 544, § 130; Laws, 2016, ch. 341, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment added (6).

Cross References —

Selection of site for commercial hazardous waste management facility, see §§17-18-1 et seq.

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Allocation of mineral royalties for administration of mineral lease division, see §29-7-3.

Role of Commission on Environmental Quality in regulating onsite wastewater disposal systems, see §§41-67-3 et seq.

Water Pollution Control Revolving Fund, see §§49-17-81 et seq.

Duties of commission with respect to Comprehensive Multimedia Waste Minimization Act, see §49-31-11.

Promulgation of rules and regulations by commission on environmental quality for administration of Surface Coal Mining and Reclamation Law, see §53-9-11.

JUDICIAL DECISIONS

1. In general.

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict with the moratorium statute (§17-17-59), in deciding that it had no jurisdiction pertaining to the issuance, modification, revocation or transfer of a non-hazardous solid waste disposal permit while also holding that it did have jurisdiction over the parties and subject matter concerning Commission rules and regulations requiring the contract operator of the solid waste facility to hold a permit; these 2 determinations were totally inconsistent in view of the process in which §§49-2-1 et seq. and49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, and §§17-17-1 et seq. clearly delegated authority to the Commission to enact sufficient rules and regulations to both define “transfer” and sufficiently carry out the process as a matter of important public policy. Mississippi Dep't of Envtl. Quality v. Weems, 653 So. 2d 266, 1995 Miss. LEXIS 140 (Miss. 1995).

§ 49-2-6. Mississippi Commission on Environmental Quality assuming powers and duties of Mississippi Commission on Natural Resources.

The Mississippi Commission on Environmental Quality shall be the Mississippi Commission on Natural Resources with the exception of the Bureau of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Commission on Natural Resources with the exception of the Division of Parks and Recreation, and wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

HISTORY: Laws, 1989, ch. 544, § 129, eff from and after July 1, 1989.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

JUDICIAL DECISIONS

1. In general.

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict with the moratorium statute (§17-17-59), in deciding that it had no jurisdiction pertaining to the issuance, modification, revocation or transfer of a non-hazardous solid waste disposal permit while also holding that it did have jurisdiction over the parties and subject matter concerning Commission rules and regulations requiring the contract operator of the solid waste facility to hold a permit; these 2 determinations were totally inconsistent in view of the process in which §§49-2-1 et seq. and49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, and §§17-17-1 et seq. clearly delegated authority to the Commission to enact sufficient rules and regulations to both define “transfer” and sufficiently carry out the process as a matter of important public policy. Mississippi Dep't of Envtl. Quality v. Weems, 653 So. 2d 266, 1995 Miss. LEXIS 140 (Miss. 1995).

§ 49-2-7. Department of Environmental Quality assuming powers and duties of Department of Natural Resources; organization of department; duties.

The Department of Environmental Quality shall be the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and wherever the term “Mississippi Department of Natural Resources” appears in any law the same shall mean the Department of Environmental Quality. The Executive Director of the Department of Environmental Quality may assign to the appropriate offices any powers and duties deemed appropriate to carry out the lawful duties of the department.

The department shall be composed of the following offices:

Office of Geology and Energy Resources;

Office of Land and Water Resources; and

Office of Pollution Control.

Each office shall be composed of the administrative units set forth in the consolidation plan adopted by the commission, subject to changes by the executive director, with approval of the commission, as hereinafter set forth.

The department is designated as the single state department to receive and expend any federal funds being received or expended by any agency transferred to the department by Chapter 484, Laws of 1978, and to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the natural resources of the State of Mississippi within the jurisdiction of the department, with the exception of functions of the Office of Recreation and Parks. The department shall coordinate all functions of state government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted under the provisions of this section in a manner which would be inconsistent with the provisions of Section 29-1-1.

HISTORY: Laws, 1978, ch. 484, § 5; Laws, 1989, ch. 544, § 132; Laws, 1990, ch. 522, § 28; Laws, 1993, ch. 615, § 4, eff from and after July 1, 1993.

Editor’s Notes —

For a complete distribution of sections affected by Chapter 484, Laws of 1978, see Allocation of Acts Table in Statutory Tables Volume.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Administration and enforcement of the Solid Wastes Disposal Law of 1974, see §§17-17-2,17-17-27.

Role of the Department of Environmental Quality with respect to promotion of projects for treatment of solid or hazardous wastes, see §§17-17-101 et seq.

Development and administration of state nonhazardous solid waste management plan, see §§17-17-221 and17-17-223.

Allocation of mineral royalties for administration of mineral lease division, see §29-7-3.

Powers and duties of department with respect to bonds issued by the Mississippi Development Bank, see §31-25-103.

Qualifications for positions of directors of Bureaus of Geology and Energy Resources, Land and Water Resources, and Pollution Control, see §49-2-16.

Designation of Department of Environmental Quality as primary state agency in entering agreements with National Space Technology Laboratories, see §49-2-23.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement any law administered by the department of Environmental Quality, see §49-17-25.

Water Pollution Control Revolving Fund, see §§49-17-81 et seq.

Duties and powers of bureau of land and water resources in assisting waterway, river basin and watershed authorities and districts, see §51-3-16.

Provision authorizing the Tomigbee River Valley Water Management District to transfer title to Trace State Park in Pontotoc County to the Department of Environmental Quality, see §51-13-111.

Administration of Surface Coal Mining and Reclamation Law by department of environmental quality, see §53-9-9.

Use of pesticide registration fees by Division of Plant Industry of Department of Agriculture and Commerce and Department of Environmental Quality to carry out program of protecting underground water resources from pesticides, see §69-23-7.

Use of fertilizer registration fees by Division of Plant Industry of Department of Agriculture and Commerce and Department of Environmental Quality to carry out program of protecting underground water resources from fertilizers, see §75-47-7.

JUDICIAL DECISIONS

1. In general.

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict with the moratorium statute (§17-17-59), in deciding that it had no jurisdiction pertaining to the issuance, modification, revocation or transfer of a non-hazardous solid waste disposal permit while also holding that it did have jurisdiction over the parties and subject matter concerning Commission rules and regulations requiring the contract operator of the solid waste facility to hold a permit; these 2 determinations were totally inconsistent in view of the process in which §§49-2-1 et seq. and49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, and §§17-17-1 et seq. clearly delegated authority to the Commission to enact sufficient rules and regulations to both define “transfer” and sufficiently carry out the process as a matter of important public policy. Mississippi Dep't of Envtl. Quality v. Weems, 653 So. 2d 266, 1995 Miss. LEXIS 140 (Miss. 1995).

§ 49-2-9. Commission on Environmental Quality; powers and duties.

  1. Effective July 1, 1979, the commission shall have the following powers and duties:
    1. To formulate the policy of the department regarding natural resources within the jurisdiction of the department;
    2. To adopt, modify, repeal, and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under any and all statutes within the commission’s jurisdiction, and as the commission may deem necessary to prevent, control and abate existing or potential pollution;
    3. To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
    4. To commission or conduct studies designed to determine alternative methods of managing or using the natural resources of this state, in a manner to insure efficiency and maximum productivity;
    5. To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter; but this authority under this chapter and under any and all statutes within the commission’s jurisdiction, except those statutes relating to the Bureau of Recreation and Parks, shall not include contracts, grants or cooperative agreements which do not develop data or information usable by the commission, or which provide goods, services or facilities to the commission or any of its bureaus, and shall exclude any monies for special interest groups for purposes of lobbying or otherwise promoting their special interests; and
    6. To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
  2. The Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be responsible for program management, procurement, development and maintenance of the Mississippi Digital Earth Model, which should include the following seven (7) core data layers of a digital land base computer model of the State of Mississippi:
    1. Geodetic control;
    2. Elevation and bathymetry;
    3. Orthoimagery;
    4. Hydrography;
    5. Transportation;
    6. Government boundaries; and
    7. Cadastral. With respect to the cadastral layer, the authority and responsibility of the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be limited to compiling information submitted by counties.

      For all seven (7) framework layers, the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be the integrator of data from all sources and the guarantor of data completeness and consistency and shall administer the council’s policies and standards for the procurement of remote sensing and geographic information system data by state and local governmental entities.

HISTORY: Laws, 1978, ch. 484, § 6; Laws, 1982, ch. 411, § 5; Laws, 2003, ch. 527, § 3, eff from and after July 1, 2003.

Editor’s Notes —

The “council” referred to in the last paragraph of (2) is the Mississippi Coordinating Council for Remote Sensing and Geographic Information Systems described in §25-58-21.

Amendment Notes —

The 2003 amendment added (2).

Cross References —

Administration and enforcement of the Solid Wastes Disposal Law of 1974, see §§17-17-2,17-17-27.

Promulgation of rules and regulations as to standards for production, allowable uses and application rates of compost, see §17-17-213.

Regulation by commission of disposition of compost not conforming to regulations of commission, see §17-17-215.

Powers and duties of commission as to Environmental Protection Trust Fund, see §17-17-217.

Development of criteria for evaluation of local nonhazardous solid waste management plans, see §17-17-225.

Review and approval of local nonhazardous solid waste management plans, see §17-17-227.

Adoption of criteria and standards for location and permitting of nonhazardous solid waste management facilities, see §17-17-229.

Adoption of rules and regulations governing municipal solid waste landfills, see §17-17-231.

Approval of proof of financial responsibility offered by owners or operators of sanitary landfills, see §17-17-235.

Power of the commission to promulgate rules, etc. pertaining to the Municipal and Domestic Water and Wastewater System Operator’s Certification Act of 1986, see §21-27-207.

Mississippi Coordinating Council for Remote Sensing and Geographic Information Systems established, see §25-58-21.

Brownfield agreements, authority to promulgate regulations, see §49-35-21.

JUDICIAL DECISIONS

1. In general.

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict with the moratorium statute (§17-17-59), in deciding that it had no jurisdiction pertaining to the issuance, modification, revocation or transfer of a non-hazardous solid waste disposal permit while also holding that it did have jurisdiction over the parties and subject matter concerning Commission rules and regulations requiring the contract operator of the solid waste facility to hold a permit; these 2 determinations were totally inconsistent in view of the process in which §§49-2-1 et seq. and49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, and §§17-17-1 et seq. clearly delegated authority to the Commission to enact sufficient rules and regulations to both define “transfer” and sufficiently carry out the process as a matter of important public policy. Mississippi Dep't of Envtl. Quality v. Weems, 653 So. 2d 266, 1995 Miss. LEXIS 140 (Miss. 1995).

§ 49-2-11. Economic and fiscal impact statements; prerequisite to enactment of rule or regulation and notice of action; effect of statements.

  1. Prior to the adoption of an environmental rule or regulation by the Commission on Environmental Quality for a new program, the commission shall consider the economic impact and environmental benefits such rule or regulation will have on the citizens and the environment of our state, as well as the fiscal impacts of such rule or regulation on the state and local governmental agencies. This section shall not apply to the adoption of any environmental rule or regulation for a new program which is promulgated pursuant to a state/federal program delegation agreement or contract or which is expressly required by state law.
  2. Prior to giving notice of proposed agency action as required by Section 25-43-7, Mississippi Code of 1972, the commission shall develop a written report providing an economic and fiscal impact statement for the adoption of an environmental rule or regulation for a new program, except as provided in subsection (1) of this section. In developing the economic and fiscal impact statement, the commission shall consult with personnel at the Universities Research Center.
  3. The economic and fiscal impact statement shall include the following:
    1. A description of the need for and the environmental benefits which will likely accrue as the result of the proposed action;
    2. An estimate of the capital cost and the annual cost to the regulated community of implementing the proposed action;
    3. An estimate of any initial cost and annual costs to the department and other state and local governmental entities of implementing and enforcing the proposed action, including the estimated amount of paperwork;
    4. A description of reasonable alternative methods, where applicable, for achieving the purpose of the proposed action which were considered by the commission and a statement of reasons for rejecting those alternatives in favor of the proposed adoption or substantive modification; and
    5. A detailed statement of the data and methodology used in making estimates required by this subsection.
  4. No rule or regulation shall be declared invalid based on a challenge to the economic and fiscal impact statement for the rule or regulation unless the issue is raised in administrative proceedings before the commission. No person shall have standing to challenge a rule or regulation, based upon the economic and fiscal impact statement or lack thereof, unless that person provided the commission with information sufficient to make the commission aware of specific concerns regarding the statement in a public meeting or hearing held by the commission or in written comments regarding the rule or regulation. The grounds for invalidation for an action of the commission, based upon the economic and fiscal impact statement, are limited to the commission’s failure to adhere to the procedure for preparation of the economic and fiscal impact statement as provided in this section, or the commission’s failure to consider information submitted to the commission regarding specific concerns about the statement, if such failure substantially impairs the fairness of the rulemaking proceeding.

HISTORY: Laws, 1994, ch. 598, § 2, eff from and after July 1, 1994.

Editor’s Notes —

A former §49-2-11 [En Laws, 1978, ch. 484, § 7; Repealed by Laws, 1989, ch. 544, § 131, eff from and after July 1, 1989] provided for the position of executive director of the Department of Natural Resources.

Laws of 1994, ch. 598, § 1, eff from and after July 1, 1994, provides as follows:

“SECTION 1. (1) It is the intent of the Legislature to provide protection for the public health and safety and the environment for the citizens of Mississippi. In providing for such protection, the Legislature recognizes that environmental rules and regulations should have an identifiable scientific basis and should be adopted after consideration of the costs to the regulated community of implementing the rule or regulation.

“(2) It is further the intent of the Legislature that environmental rules and regulations be developed which are protective of the environment and can be implemented on a least-cost basis and in a least-intrusive manner.”

§ 49-2-13. Powers and duties of executive director.

The executive director shall have the following powers and duties:

To administer the policies of the commission within the authority granted by the commission;

To supervise and direct all administrative and technical activities of the department;

To organize the administrative units of the department in accordance with the plan adopted by the commission and, with commission approval, alter such organizational plan and reassign responsibilities as he may deem necessary to carry out the policies of the commission;

To coordinate the activities of the various offices of the department;

To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department;

To recommend to the commission such studies and investigations as he may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;

To merge and coordinate functions and duties where possible to eliminate the possibility of two (2) separate organizational entities performing the same or similar functions, including, but not limited to, functions of audit, inspection, collection, personnel, motor vehicles, accounting, data processing, payroll and any other such administrative, procedural or enforcement function;

To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of natural resources within the jurisdiction of the department;

To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the commission may have;

To issue, modify or revoke any and all orders under authority granted by the commission which include, but are not limited to those which (i) prohibit, control or abate discharges of contaminants and wastes into the air and waters of the state; (ii) require the construction of new disposal systems or air-cleaning devices or any parts thereof, or the modification, extension or alteration of existing disposal systems or air-cleaning devices or any parts thereof, or the adoption of other remedial measures to prevent, control or abate air and water pollution or to cause the proper management of solid wastes; (iii) impose penalties pursuant to Section 17-17-29 and Section 49-17-43 which have been agreed upon with alleged violators; and (iv) require compliance with the conditions of any permit issued by the Permit Board created in Section 49-17-28 and all regulations of the commission; and

With the approval of the commission, to enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature.

HISTORY: Laws, 1978, ch. 484, § 8; Laws, 1982, ch. 411, § 6; Laws, 1987, ch. 332, § 3; Laws, 1988, ch. 312, § 1; Laws, 1989, ch. 544, § 133; Laws, 1990, ch. 522, § 29, eff from and after July 1, 1990.

Cross References —

Powers and duties of executive director as to Environmental Protection Trust Fund, see §17-17-217.

Maintenance of copies of local nonhazardous solid waste management plans and orders relating, thereto, see §17-17-227.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement any law administered by the department of Environmental Quality, see §49-17-25.

Powers and duties of the executive director with respect to the underground storage tank act of 1988, see §§49-17-401 et seq.

Duties of the executive director with respect to the groundwater protection fund, see §49-17-405.

Executive Director of Department of Environmental Quality to serve as chief staffperson for Mississippi Water Resources Management Planning Council, see §51-3-103.

JUDICIAL DECISIONS

1. In general.

The Mississippi Commission on Environmental Quality (Commission) acted arbitrarily and capriciously, and in conflict with the moratorium statute (§17-17-59), in deciding that it had no jurisdiction pertaining to the issuance, modification, revocation or transfer of a non-hazardous solid waste disposal permit while also holding that it did have jurisdiction over the parties and subject matter concerning Commission rules and regulations requiring the contract operator of the solid waste facility to hold a permit; these 2 determinations were totally inconsistent in view of the process in which §§49-2-1 et seq. and49-17-1 et seq. determine the hierarchy and method in which the Commission and the Mississippi Environmental Quality Permit Board are to govern, and §§17-17-1 et seq. clearly delegated authority to the Commission to enact sufficient rules and regulations to both define “transfer” and sufficiently carry out the process as a matter of important public policy. Mississippi Dep't of Envtl. Quality v. Weems, 653 So. 2d 266, 1995 Miss. LEXIS 140 (Miss. 1995).

§ 49-2-15. Repealed.

Repealed by Laws of 1989, ch. 544, § 131, eff from and after July 1, 1989.

[En Laws, 1978, ch. 484, § 9]

Editor’s Notes —

Former §49-2-15 related to qualifications for directors of bureaus and division chiefs.

§ 49-2-16. Qualifications for certain office heads.

  1. The head of the Office of Geology and Energy Resources shall be a geologist, petroleum engineer or energy engineer of established reputation with a minimum of a bachelor’s degree in geology, petroleum engineering or energy engineering or a field related thereto.
  2. The head of the Office of Land and Water Resources shall possess a minimum of six (6) years’ experience in a field related to the bureau’s function.
  3. The head of the Division of State Land and Water Resources of the Office of Land and Water Resources shall have six (6) years’ experience in hydraulics and hydrology.
  4. The head of the Division of Regional Water Resources of the Office of Land and Water Resources shall have a minimum of six (6) years’ experience in a field related to the division’s function.
  5. The head of the Office of Pollution Control shall have a minimum of six (6) years’ experience in a field related to pollution control.

HISTORY: Laws, 1989, ch. 544, § 135; Laws, 1990, ch. 522, § 30, eff from and after July 1, 1990.

§ 49-2-17. Assistant for administration.

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

accounting;

payroll;

purchasing;

data processing;

personnel;

motor pool and vehicles;

maintenance;

printing and records; and

public relations.

HISTORY: Laws, 1978, ch. 484, § 10, eff from and after passage (approved April 17, 1978).

§ 49-2-19. Traveling expenses of departmental employees.

All employees of the department, when authorized by the executive director, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of the department, in accordance with Section 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1978, ch. 484, § 19; Laws, 2000, ch. 516, § 21, eff from and after passage (approved Apr. 30, 2000.).

§ 49-2-21. Attorney General as counsel to Commission and Department of Environmental Quality; executive director authorized to employ legal counsel.

The Attorney General shall be counsel and attorney for the commission and the Department of Environmental Quality and shall provide such legal services as may be requested from time to time, without cost. The executive director is hereby authorized to employ such legal counsel as may be necessary or appropriate for the operation of the department.

HISTORY: Laws, 1978, ch. 484, § 20; Laws, 1990, ch. 480, § 1, eff from and after passage (approved March 26, 1990).

§ 49-2-23. Authority to enter agreements with National Space Technology Laboratories.

The Mississippi Department of Natural Resources, as created in Section 49-2-7, is designated as the primary agency of the State of Mississippi that shall enter into such agreements with the National Space Technology Laboratories (NSTL) located in Hancock County, Mississippi, as may be necessary to enable the State of Mississippi to have full access to all information and technical assistance that is made available through the NSTL.

HISTORY: Laws, 1979, ch. 416, § 1, eff from and after July 1, 1979.

Editor’s Notes —

Section 49-2-7 provides that wherever the term “Mississippi Department of Natural Resources” appears in any law the same shall mean the Department of Environmental Quality.

The National Space Technology Laboratories referred to in this section has been renamed the John C. Stennis Space Center.

§ 49-2-24. Conference suite within Mississippi Technology Transfer Center named in honor of Herman Cowan Glazier, Jr.

The conference suite within the Mississippi Technology Transfer Center at the National Space Technology Laboratories, National Aeronautics and Space Administration, in Hancock County, Mississippi, is hereby named in honor of Herman Cowan Glazier, Jr.; and the Governor’s Office of General Services shall have a distinctive plaque placed therein noting the designation provided for by this section.

HISTORY: Laws, 1988, ch. 326, eff from and after passage (approved April 13, 1988).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 49-2-25. Creation of office of technical resources; supervision.

  1. To assure the access and a proper utilization of assistance provided for in Section 49-2-23, the executive director of the Department of Natural Resources, as provided by Section 49-2-11, is hereby authorized to establish the office of technical resources within the NSTL facility in Hancock County and to direct and supervise the activities of this office and its personnel in a manner that will:
    1. Provide the State of Mississippi, its political subdivisions and its people with an informed access to any and all of the services, skills, information and other capabilities which are available through the various functions of the federal government under its commitment to utilize its technical resources for public benefit.
    2. Promote the transfer and utilization of such technical resources through a positive program of identifying, interpreting and informing potential users of these resources within the State of Mississippi.
    3. Cooperate with all agencies and offices of the federal government and with any other state which share in the same objectives of the office of technical resources.
    4. Manage, supervise and coordinate an orderly flow of these resources to all eligible users who request this service within the jurisdiction of the State of Mississippi.
  2. The executive director of the Department of Natural Resources shall approve any change, acquisition of properties or the hiring of any additional personnel within the office of technical resources.

HISTORY: Laws, 1979, ch. 416, § 2, eff from and after July 1, 1979.

Editor’s Notes —

Section 49-2-7 provides that wherever the term “Mississippi Department of Natural Resources” appears in any law the same shall mean the Department of Environmental Quality.

The NSTL facility referred to in this section has been renamed the John C. Stennis Space Center.

§ 49-2-27. Repealed.

Repealed by Laws of 1992, ch. 582, § 1, eff July 1, 1993.

[En Laws, 1992, ch. 582, § 1, eff from and after passage (approved May 15, 1992).]

Editor’s Notes —

Former §49-2-27 was entitled: Commission authorized to obtain motor vehicle liability insurance.

§ 49-2-29. Strategic plan for operations of Department of Environmental Quality.

  1. The Department of Environmental Quality shall develop a strategic plan for its operations. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:
    1. A clearly defined comprehensive statement of the mission, goals and objectives of the agency;
    2. Performance effectiveness objectives (measurable indicators of output and outcome) for each program in the department;
    3. A description of the department’s internal management system used to evaluate its performance in relation to projected levels;
    4. Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the department;
    5. A description of significant external factors which may affect any projected levels of performance, including an identification of priority and other service populations, or other service measures, under current law and how those populations are expected to change within the period of the plan;
    6. A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;
    7. An analysis and estimate of the economic impact on the regulated community of regulations adopted by the Commission on Environmental Quality; and
    8. An analysis of any likely or expected changes in the services provided by the department due to changes in state or federal law.
  2. The department shall revise the plan biennially.
  3. Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee, the Chairman of the House Conservation and Water Resources Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.
  4. Except as otherwise provided in this subsection, the department shall develop the strategic plan before July 1, 1995. However, if the comparative risk assessment required under Section 49-2-31 is initiated before September 1, 1994, the department shall develop the strategic plan before July 1, 1996.

HISTORY: Laws, 1994, ch. 598, § 3; Laws, 2009, ch. 546, § 16, eff from and after passage (approved Apr. 15, 2009.).

Amendment Notes —

The 2009 amendment deleted “the State Auditor” preceding “the Legislative Budget Office” in (3).

§ 49-2-31. Comparative risk assessment.

  1. Before July 1, 1995, the Department of Environmental Quality shall complete a comparative risk assessment that will include consideration of environmental risks to the health and welfare of the citizens of Mississippi and to the environment. The assessment also shall include an examination of environmental factors, public health factors and socioeconomic factors. The department shall provide for public participation in the assessment process.
  2. The requirements of this section shall be contingent upon the receipt of federal funds.

HISTORY: Laws, 1994, ch. 598, § 4, eff from and after July 1, 1994.

Energy Resources and Conservation [Repealed]

§§ 49-2-41 through 49-2-63. Repealed.

Repealed by Laws of 1980, ch. 548, § 19, eff from and after May 26, 1980.

[En Laws, 1979, ch. 471, §§ 1-14]

Editor’s Notes —

Former §§49-2-41 through49-2-63 made it the responsibility of the Mississippi Commission on Natural Resources, acting through the bureau of geology and energy resources of the department of natural resources, to develop and promulgate a state energy resources policy, energy conservation plans, thermal and lighting efficiency standards, and rules and procedures for energy efficiency in public procurement of energy consuming commodities.

Current provisions regarding energy resources and conservation are contained in §§57-39-1 through57-39-35.

Environmental Self-Evaluation Reports

§ 49-2-71. Discovery and admissibility in evidence of environmental self-evaluation reports; divulgence or dissemination of information in reports; exemption from Public Records Act.

  1. An environmental self-evaluation report, as defined in Section 49-2-2, is privileged and is not admissible in any legal or investigative action in any civil or administrative proceeding and is not subject to any discovery pursuant to the rules of civil procedure or administrative procedure, unless:
    1. The person for whom the environmental self-evaluation report was prepared, irrespective of whether the self-evaluation report was conducted and/or prepared by a private contractor hired by the person, expressly waives the provisions of this section;
    2. The court of record, or hearing officer, who shall be neutral and independent, after in camera review, determines that:
      1. The environmental self-evaluation report shows evidence that the person for which the environmental self-evaluation report was prepared is not or was not in compliance with an environmental law;
      2. The person did not initiate appropriate efforts to achieve compliance with the environmental law or complete any necessary permit application promptly after the noncompliance with the environmental law was discovered and, as a result, the person did not or will not achieve compliance with the environmental law or complete the necessary permit application within a reasonable amount of time;
      3. For the purposes of paragraphs (b)(i) and (b)(ii) only, if the evidence shows noncompliance by a person with more than one (1) environmental law, the person may demonstrate that appropriate efforts to achieve compliance were or are being taken by instituting a comprehensive program that establishes a phased schedule of actions to be taken to bring the person into compliance with all of such environmental laws;
    3. The court of record or hearing officer, who shall be neutral and independent, after an in camera review, determines that the privilege is being asserted for a fraudulent purpose or that the environmental self-evaluation report was prepared to avoid disclosure of information in an investigative, administrative, or judicial proceeding that was underway, or for which the person had been provided written notification that an investigation into a specific violation had been initiated; or
      1. For environmental self-evaluation reports made before January 20, 2003, the court of record or hearing officer, who shall be neutral and independent, determines that even if subject to the privilege, it is found that a condition exists that demonstrates an imminent and substantial hazard or endangerment to the public health and safety or the environment;
      2. For an environmental self-evaluation report that was made on or after January 20, 2003, the court of record or hearing officer, who shall be neutral and independent, determines that even if subject to the privilege, it is found that a condition exists or existed at the time of the report that demonstrates or demonstrated an imminent and substantial hazard or endangerment to the public health and safety or the environment.
  2. The self-evaluation privilege created by this section does not apply to:
    1. Documents or information required to be developed, maintained or reported pursuant to any environmental law or any other law or regulation; or
    2. Documents or other information required to be made available or furnished to a regulatory agency pursuant to any environmental law or any other law or regulation; or
    3. Information in the possession of a regulatory agency obtained through observation, sampling, monitoring or otherwise and which is subject to public disclosure pursuant to the Mississippi Public Records Act of 1983; or
    4. Information obtained through any source independent of the environmental self-evaluation report; or
    5. Documents existing prior to the commencement of and independent of the voluntary self-evaluation with the exception of evidence establishing a request for compliance assistance to the appropriate government agency or authority.
    1. Upon a showing by any party, based upon independent knowledge, that probable cause exists to believe that an exception to the self-evaluation privilege under subsection (1) of this section is applicable to an environmental self-evaluation report or that the privilege does not apply to the environmental self-evaluation report pursuant to the provisions of subsection (2) of this section, then a court of record or hearing officer, who shall be neutral and independent, may allow such party limited access to the environmental self-evaluation report for the purposes of an in camera review only. The court of record or the hearing officer may grant limited access to all or part of the environmental self-evaluation report under the provisions of this subsection (3) upon such conditions as may be necessary to protect the confidentiality of the environmental self-evaluation report. A moving party who obtains access to an environmental self-evaluation report pursuant to the provisions of this subsection (3) may not divulge any information from the report except as specifically allowed by the court or hearing officer.
    2. If any party divulges all or any part of the information contained in an environmental self-evaluation report in violation of the provisions of paragraph (a) of this subsection (3) or if any other person knowingly divulges or disseminates all or any part of the information contained in an environmental self-evaluation report that was provided to such person in violation of the provisions of paragraph (a) of this subsection (3), such party or other person is liable for any damages caused by the divulgence or dissemination of the information that are incurred by the person for which the environmental self-evaluation report was prepared. The court or hearing officer also may issue such contempt orders and sanctions against the offending party or such party’s legal counsel as may be necessary to ensure compliance.
  3. Nothing in this section limits, waives or abrogates the scope or nature of any statutory or common-law privilege.
  4. A person asserting a voluntary self-evaluation privilege has the burden of proving a prima facie case as to the privilege. A party seeking disclosure of an environmental self-evaluation report has the burden of proving that such privilege does not exist under this section.
  5. All environmental self-evaluation reports that are protected by the self-evaluation privilege created by this section shall be privileged and exempt from the provisions of the Mississippi Public Records Act in accordance with Section 25-61-11, Mississippi Code of 1972.

HISTORY: Laws, 1995, ch. 627, § 2; Laws, 2003, ch. 301, § 1, eff from and after passage (approved Jan. 20, 2003.).

Editor’s Notes —

This section was originally enacted as §49-2-51 and was renumbered as §49-2-71 at the direction of the Attorney General in view of the existence of a prior §49-2-51, which was enacted by Laws of 1979, ch. 471, § 6, and was repealed by Laws of 1980, ch. 548, § 19, effective May 26, 1980.

Amendment Notes —

The 2003 amendment in the introductory paragraph of (1), substituted “civil or administrative” for “civil, criminal or administrative” and deleted “criminal procedure” following “civil procedure”; made a minor stylistic change in (1)(b)(1); redesignated former (1)(d), as present (1)(d)(i), and added “For environmental self-evaluation reports made before January 20, 2003”; and added (1)(d)(ii).

OPINIONS OF THE ATTORNEY GENERAL

The privilege created by the statute extends not only to the document that is the “environmental self-evaluation report,” but also to written communications and written opinions associated with the voluntary self-evaluation and facts gathered in preparation for the voluntary self-evaluation. 2001 Miss. Op. Att'y Gen. 486.

“Imminent and substantial hazard or endangerment to the public health and safety or the environment,” as used in subection (1)(d), may in fact cover violations that have actually caused serious harm to human health or the environment at the time the court or hearing officer is making that determination, and not just future possible harm or endangerment. 2001 Miss. Op. Att'y Gen. 486.

The existence of a self-evaluation report that includes a report of facts demonstrating a need for injunctive relief does not necessarily prohibit the Commission’s exercise of its enforcement authority. 2001 Miss. Op. Att'y Gen. 486.

If a “whistleblower,” informant, or witness provides the Commission with information otherwise contained in a self-evaluation report, that person is not subject to sanctions sanctions under subsection (3)(b). 2001 Miss. Op. Att'y Gen. 486.

A witness must respond to any discovery request that goes to the facts that underlie an environmental self-evaluation report, and only the documents and document preparation communications are protected from discovery. 2001 Miss. Op. Att'y Gen. 681.

RESEARCH REFERENCES

ALR.

Waiver of evidentiary privilege by inadvertent disclosure – state law. 51 A.L.R.5th 603.

Home-Generated Medical Sharps Disposal Education Program

§ 49-2-81. Short title.

Sections 49-2-81 through 49-2-87 shall be known and may be cited as the Home-Generated Medical Sharps Disposal Act.

HISTORY: Laws, 2008, ch. 341, § 1, eff from and after July 1, 2008.

§ 49-2-83. Legislative findings.

The Legislature finds that:

Each year, according to the Environmental Protection Agency, more than three billion medical sharps are used by individuals in their homes.

Typically, these medical sharps are put into the household trash, where they become a health hazard for other members of the household and for sanitation workers.

The hazard includes not only the discomfort of a needle-stick injury, but also the risk of contracting an infectious disease from a contaminated medical sharp.

Regulating the disposal of home-generated medical sharps will further the public health and safety of Mississippi residents.

HISTORY: Laws, 2008, ch. 341, § 2, eff from and after July 1, 2008.

§ 49-2-85. Definitions.

The following words and phrases when used in Sections 49-2-81 through 49-2-87 shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Department” means the Department of Environmental Quality.

“Home-generated medical sharp” means a sharp used by an individual at home.

“Medical sharp” means a needle, syringe, lancet or other sharp object used to penetrate the skin for medical testing or for delivery of medication.

HISTORY: Laws, 2008, ch. 341, § 3, eff from and after July 1, 2008.

Cross References —

Department of Environmental Quality generally, see §§49-2-1 et seq.

§ 49-2-87. Development and implementation of home-generated medical sharps disposal education program.

  1. The department shall develop and implement a statewide educational program designed to inform the public about safe disposal of home-generated medical sharps and to promote the public’s safe disposal of home-generated medical sharps.
  2. The department shall develop the program no later than July 1, 2009, and shall implement the program no later than January 1, 2010.

HISTORY: Laws, 2008, ch. 341, § 4, eff from and after July 1, 2008.

Cross References —

Department of Environmental Quality generally, see §§49-2-1 et seq.

Certified Electronic Recyclers

§ 49-2-101. Definitions.

As used in Sections 49-2-101 and 49-2-103:

“Electronics” means a personal computer, computer component, audio player, videocassette player, facsimile machine, copy machine, cellular telephone, wireless paging device, or any electronic item containing an intact or broken cathode-ray tube. An electronic item containing a cathode-ray tube includes a television, computer monitor, or any other cathode-ray tube monitor or display device.

“Recycler” means a person who uses, reuses or reclaims obsolete electronic equipment and associated materials.

HISTORY: Laws, 2013, ch. 351, § 1, eff from and after July 1, 2013.

§ 49-2-103. Program to encourage certification of electronic recyclers; directory of certified electronic recyclers; compliance; applicability.

  1. The Department of Environmental Quality shall develop a program to encourage all electronic recyclers to become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic equipment.
  2. The department shall maintain a directory of recyclers meeting the accredited certification standards of Responsible Recycling Practices (R2) and the e-Stewards Standards and any recyclers who have been certified by an accredited, independent certification auditor listed by the ANSI-ASQ National Accreditation Board (ANAB) as an organization that certifies recyclers to available recycling standards.
  3. State agencies shall use a certified recycler on the directory for the disposal of agency electronics.
  4. The Department of Environmental Quality and state agencies shall comply with this section no later than July 1, 2014.
  5. This section does not apply to the donation of electronics to public schools, state agencies, local governments or nonprofit organizations.

HISTORY: Laws, 2013, ch. 351, § 2, eff from and after July 1, 2013.

Chapter 3. Fisheries and Wildlife Research

§ 49-3-1. Short title.

This chapter may be cited as the “Fisheries and Wildlife Management Law of 1970”.

HISTORY: Codes, 1942, § 5840-51; Laws, 1970, ch. 276, § 1, eff from and after passage (approved April 3, 1970).

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-3-3. Purpose of chapter.

The Legislature hereby finds and declares:

That the economic progress of Mississippi depends in large measure upon the development and use of the natural resources of the state;

That the fish and game animals indigenous to the state constitute a vital segment of the natural resources available in Mississippi;

That Mississippi has approximately five million (5,000,000) acres of idle agricultural land in the state which are producing mainly broomsedge and brush. Much of this land is potentially excellent game range, yet it is producing almost no significant income for the landowners. These idle acres, plus seventeen million (17,000,000) acres of forest lands properly managed for game and fish products, can contribute substantially to the total economic development of Mississippi;

That there is a tremendous and ever growing need for additional knowledge of fish cultural techniques and the proper management of our environment so that not only fish and game may be increased but that Mississippi may become a more pleasant and a more prosperous state to reside in;

That this chapter is specifically designed to establish a program for the discovery and dissemination of knowledge concerning the management and proper utilization of fish and game resources in Mississippi.

HISTORY: Codes, 1942, § 5840-52; Laws, 1970, ch. 276, § 2, eff from and after passage (approved April 3, 1970).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 29.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-3-5. Establishment of laboratory.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized and directed to establish a fisheries and wildlife laboratory at Mississippi State University under the direction of the president and such other administrative authorities within the university as such board of trustees may determine.

HISTORY: Codes, 1942, § 5840-53; Laws, 1970, ch. 276, § 3, eff from and after passage (approved April 3, 1970).

§ 49-3-7. Maintenance of laboratory.

The board of trustees of state institutions of higher learning shall provide for such laboratory such buildings, equipment, personnel, supplies and service as it shall determine to be necessary for the proper operation and maintenance of such laboratory, having due regard for the contributory facilities and programs already existing at Mississippi State University.

HISTORY: Codes, 1942, § 5840-54; Laws, 1970, ch. 276, § 4, eff from and after passage (approved April 3, 1970).

§ 49-3-9. Functions.

It shall be the function of the laboratory to conduct a program of research in the culture of fish, the diagnosis and treatment of fish and game animal diseases and the physiology and nutrition of fish and game animals, and to disseminate its findings to the public and to all individuals and agencies for whom such knowledge will be helpful and useful.

HISTORY: Codes, 1942, § 5840-55; Laws, 1970, ch. 276, § 5, eff from and after passage (approved April 3, 1970).

§ 49-3-11. Acceptance of gifts, grants, and contributions.

In addition to the appropriations made by the Mississippi Legislature for the operation and support of the laboratory, the board of trustees of state institutions of higher learning is authorized and empowered to receive contributions, donations, gifts and grants of money and/or property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations, the federal government or any subdivision thereof, the state government or any subdivision thereof, to be expended by the board in carrying out the purposes and objectives of this chapter.

HISTORY: Codes, 1942, § 5840-56; Laws, 1970, ch, 276, § 6, eff from and after passage (approved April 3, 1970).

§ 49-3-13. Cooperation with state agencies.

The laboratory personnel shall cooperate fully with the colleges and universities of the state, the Mississippi State Department of Agriculture and Commerce, and the Mississippi Department of Wildlife, Fisheries and Parks in an effort to fully effectuate the purpose of this chapter. All state agencies and departments are hereby authorized and directed to give the laboratory and its personnel their full cooperation in every possible manner.

HISTORY: Codes, 1942, § 5840-57; Laws, 1970, ch. 276, § 7; Laws, 2000, ch. 516, § 22, eff from and after passage (approved Apr. 30, 2000.).

§ 49-3-15. Work for other organizations.

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.

HISTORY: Codes, 1942, § 5840-58; Laws, 1970, ch. 276, § 8; Laws, 1984, ch. 488, § 231, eff from and after July 1, 1984.

§ 49-3-17. “Fish” defined; effect of chapter on authority of other agencies.

The word “fish” as appears in this chapter shall mean “fresh water fish”. The provisions of this chapter shall not amend, repeal or diminish the authority heretofore vested in the Mississippi Commission on Marine Resources or the work and function of the Gulf Coast Research Laboratory.

HISTORY: Codes, 1942, § 5840-59; Laws, 1970, ch. 276, § 9; Laws, 1994, ch. 578, § 57, eff from and after July 1, 1994.

Cross References —

Gulf Coast Research Laboratory, see §37-101-21.

Mississippi Commission on Marine Resources, see §§49-15-301 et seq.

Chapter 4. Mississippi Department of Wildlife, Fisheries and Parks

§ 49-4-1. Declaration of purpose.

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.

HISTORY: Laws, 1978, ch. 484, § 1; Laws, 2000, ch. 516, § 23, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Assumption of powers of marine conservation commission, see §49-15-11.

Assumption of powers of marine resources council, see §57-15-3.

Assumption of powers of boat and water safety commission, see §59-21-111.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Commerce §§ 95, 97.

CJS.

81A C.J.S., States §§ 75, 76, 251.

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-4-3. Definitions.

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

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

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

“Executive director” means the chief officer of the department.

HISTORY: Laws, 1978, ch. 484, § 11; Laws, 1989, ch. 544, § 114; Laws, 1990, ch. 522, § 31; Laws, 1996, ch. 412, § 2, eff from and after passage (approved March 21, 1996).

§ 49-4-4. Mississippi Commission on Wildlife, Fisheries and Parks.

  1. There is hereby created the Mississippi Commission on Wildlife, Fisheries and Parks, to be composed of five (5) persons appointed by the Governor, with the advice and consent of the Senate, for a term of five (5) years. One (1) person shall be appointed from each congressional district. The initial terms of the members shall be one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) years. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be made from the respective congressional district for the unexpired term only.
  2. The commission shall elect from its membership a chairman who shall preside over meetings and a vice-chairman who shall preside in the absence of the chairman or when the chairman shall be excused.
  3. 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 Constitution, and shall enter into 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. Any member who shall not attend three (3) consecutive regular meetings of the commission shall be subject to removal by a majority vote of the commission members.
  4. The members of the commission shall receive no annual salary but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.

    The commission shall be composed of persons with a demonstrated history of involvement in at least one (1) of the matters of jurisdiction of the commission and whose employment and activities are not in conflict. All of the Commissioners shall be an active outdoorsman holding a resident hunting or fishing license in at least five (5) of the ten (10) years preceding appointment. A member shall not have a record of conviction of violation of fish or game laws and regulations within five (5) years preceding appointment or a record of any felony conviction.

  5. The commission shall have the power to adopt, amend and repeal such regulations and rules as may be necessary for the operation of the department.
  6. The commission shall have the power and authority to issue all licenses and permits under the jurisdiction of the department.
  7. In the furtherance of its duties and responsibilities, the commission may conduct hearings, gather testimony and perform other functions required to carry out its powers and duties as prescribed by statute.
  8. The commission shall have all power for conserving, managing and developing wildlife and fishery resources except for saltwater aquatic life and marine resources under the jurisdiction of the Mississippi Commission on Marine Resources.

HISTORY: Laws, 1989, ch. 544, § 121; Laws, 1994, ch. 578, § 27, eff from and after July 1, 1994.

Cross References —

Transfer of functions of Mississippi Commission on Wildlife Conservation to the Commission on Wildlife, Fisheries and Parks, see §49-1-3.

Transfer of functions of Department of Wildlife Conservation to Department of Wildlife, Fisheries and Parks, see §49-1-4.

Department of Wildlife, Fisheries and Parks, see §49-4-6.

Mississippi Park Commission as meaning Mississippi Department of Wildlife, Fisheries and Parks, see §55-3-31.

OPINIONS OF THE ATTORNEY GENERAL

Appointments to this board should be reviewed under the last five-district plan which was in effect. 2003 Miss. Op. Att'y Gen. 16.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-4-5. Repealed.

Repealed by Laws of 1989, ch. 544, § 120, eff from and after July 1, 1989.

[En Laws, 1978, ch. 484, § 12; Laws, 1980, ch. 560, § 23; Laws, 1988, ch. 325]

Editor’s Notes —

Former §49-4-5 created the Mississippi Commission on Wildlife Conservation, the functions of which have been transferred to the Commission on Wildlife, Fisheries and Parks by §49-1-3.

§ 49-4-6. Department of Wildlife, Fisheries and Parks; organization of department; executive director; removal for cause; office heads; merit promotion system for certain enforcement officers.

  1. There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose principal office shall be located in Jackson, Mississippi.
  2. The department shall be headed by an executive director who shall be appointed by the Governor. The commission shall submit to the Governor three (3) qualified nominees for the position of executive director. The Governor shall appoint the executive director from the list of qualified nominees submitted with the advice and consent of the Senate. The executive director may assign those powers and duties as deemed appropriate to carry out the department’s lawful functions. Upon recommendation by the Governor to the commission, the executive director may be removed from office only by both a majority vote of the membership of the commission and the Governor’s approval of the removal. To remove the executive director the commission must determine on sound evidence that there is good cause for removal such as willful dereliction in carrying out the duties of executive director, obvious malfeasance in his actions as executive director or conviction of any criminal act. After the determination is made by the commission that the executive director should be removed from office, the commission shall notify the Governor of its determination and the Governor must approve that determination before the executive director is actually removed from office.
  3. The executive director shall appoint heads, who will serve at the pleasure of the executive director.
  4. The executive director shall have the authority to organize the department as deemed appropriate to carry out the responsibilities of the department. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
  5. The executive director shall develop and implement a merit promotion system for all sworn law enforcement officers. Promotion to higher rank shall be based on an individual’s merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995.

HISTORY: Laws, 1989, ch. 544, § 108; Laws, 1990, ch. 522, § 32; Laws, 1993, ch. 574, § 1; Laws, 1994, ch. 528, § 1; Laws, 1994, ch. 628, § 1; Laws, 1996, ch. 412, § 1, eff from and after passage (approved March 21, 1996).

Cross References —

Powers and duties of executive director, see §49-1-29.

Powers and duties of the department, see §49-4-8.

Transfer of functions of commission on natural resources, bureau of recreation and parks to this department, see §55-3-31.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-4-7. Commission to appoint advisory committees; department designated to receive federal funds; department to manage and coordinate all functions related to wildlife and fisheries.

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

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

The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.

HISTORY: Laws, 1978, ch. 484, § 13; Laws, 1989, ch. 544, § 115; Laws, 1999, ch. 585, § 7, eff from and after July 1, 1999.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §7-17-1 et seq.

Allocation from Gulf and wildlife protection fund for pollution clean-up or control related to oil or gas exploration or production, see §29-7-3.

Mineral exploration and testing within Mississippi Sound or tidelands, see §29-7-3.

Powers and duties of Bureau of Marine Resources with respect to public trust tidelands, see §29-15-17.

Additional powers, duties and responsibilities of department, see §49-4-9.

Authorization of marine resources commission to regulate matters pertaining to marine aquatic life, see §49-15-15.

Authority of the Attorney General and the Department of Wildlife, Fisheries and Parks to enforce conservation easements, see §89-19-7.

§ 49-4-8. Powers and duties of department.

The Department of Wildlife, Fisheries and Parks shall have the following powers and duties:

To conserve, manage, develop and protect the wildlife of the State of Mississippi.

To take charge and have full jurisdiction and control over all state parks.

To cooperate with other entities and agencies in developing and implementing such plans as necessary for the conservation, protection, beautification and improvement of the quality of the environment and living natural resources.

HISTORY: Laws, 1989, ch. 544, § 109, eff from and after July 1, 1989.

RESEARCH REFERENCES

Practice References.

Mississippi Wildlife, Fisheries and Parks Law Book (LexisNexis).

§ 49-4-9. Powers and duties of Department of Wildlife, Fisheries and Parks.

Effective July 1, 1979, the Department of Wildlife, Fisheries and Parks shall have the following powers and duties:

To formulate the policy of the department regarding wildlife and fisheries within the jurisdiction of the department;

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

To commission or conduct studies designed to determine alternative methods of managing and conserving the wildlife and fisheries resources of this state in a manner to insure efficiency and sustained productivity;

To receive the advice and counsel of the advisory committees created for the Division of Parks and Recreation and the Division of Wildlife and Fisheries; and

To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.

HISTORY: Laws, 1978, ch. 484, § 14; Laws, 1989, ch. 544, § 116, eff from and after July 1, 1989.

Editor’s Notes —

Laws of 1992, ch. 332, § 2, effective from and after passage (approved April 20, 1992), provides as follows:

“SECTION 2. The Mississippi Department of Wildlife, Fisheries and Parks is authorized in its discretion to exchange lands with the Mississippi State Highway Department on behalf of the Mississippi Department of Wildlife, Fisheries and Parks. The real property to be conveyed to the Mississippi State Highway Department is described as follows:

“PARCEL NO. 2. “Begin at a point on the present easterly right-of-way line of Interstate Highway No. 55 that is 158 feet easterly of and perpendicular to the centerline of the northbound lane of said highway at Station 199+50, as shown on the plans for State Project No. 79-0056-01-035-11, from said point of beginning run thence northerly a distance of 1040 feet more or less to a point that is 200 feet easterly of and perpendicular to said centerline at Station 210+00; thence northerly a distance of 102 feet more or less to a point that is 215 feet easterly of and perpendicular to said centerline at Station 211+00; thence northerly a distance of 100 feet more or less to a point that is 215 feet easterly of and perpendicular to said centerline at Station 212+00; thence northerly a distance of 105 feet more or less to a point that is 245 feet easterly of and perpendicular to said centerline at Station 213+00; thence northerly a distance of 100 feet more or less to a point that is 260 feet easterly of and perpendicular to said centerline at Station 214+00; thence northerly a distance of 100 feet to a point that is 260 feet easterly of and perpendicular to said centerline at Station 215+00; thence northerly a distance of 203 feet more or less to a point that is 325 feet easterly of and perpendicular to said centerline at Station 217+00; thence northeasterly a distance of 302 feet more or less to a point on the present easterly right-of-way line of said highway that is easterly of and perpendicular to said centerline at Station 220+00; thence northeasterly a distance of 450 feet more or less to a point that is 255 feet southerly of and perpendicular to the centerline of survey of Lakeland Drive (Mississippi Highway No. 25) at Station 44+50 as shown on the plans for said project; thence northeasterly a distance of 50 feet more or less to a point that is 220 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 44+80; thence northeasterly a distance of 57 feet more or less to a point that is 200 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 45+35; thence easterly a distance of 82 feet more or less to a point that is 185 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 46+25; thence easterly a distance of 147 feet more or less to a point that is 180 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 47+75; thence southeasterly a distance of 70 feet more or less to a point that is 240 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 48+ 11/51 BK = Station 9+94.30AH; thence easterly a distance of 105 feet to a point that is 240 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 11+00; thence northeasterly a distance of 62 feet more or less to a point that is 190 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 11+50; thence easterly a distance of 175 feet more or less to a point that is 200 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 13+25; thence easterly a distance of 320 feet more or less to a point that is 128 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 14+50; thence southeasterly a distance of 230 feet more or less to a point that is 335 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 16+50; thence easterly a distance of 250 feet more or less to a point that is 290 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 19+00; thence northeasterly a distance of 270 feet more or less to a point that is 105 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 21+00; thence easterly a distance of 305 feet more or less to a point that is 90 feet southerly of and perpendicular to the centerline of survey of said Lakeland Drive at Station 24+01.59; thence easterly along a line that is parallel with and 90 feet southerly of the centerline of survey of said project a distance of 350 feet more or less to the east property line of the Mississippi Department of Wildlife, Fisheries and Parks Property; thence northerly along said property line a distance of 35 feet more or less to the present southerly right-of-way line of said Lakeland Drive; thence westerly and southerly along the present southerly right-of-way line of said Lakeland Drive and the present easterly right-of-way line of Interstate Highway No. 55, a distance of 5000 feet more or less, to the point of beginning, containing 5.68 acres more or less, and being situated in the East Half of the Southeast Quarter of Section 26, and the North Half of the Southwest Quarter of Section 25, Township 6 North, Range 1 East, City of Jackson, First Judicial District of Hinds County, Mississippi.”

Laws of 1993, ch. 348, § 1, effective July 1, 1993, provides as follows:

“SECTION 1. The Mississippi Department of Wildlife, Fisheries and Parks is authorized, in its discretion, to sell to the Mississippi State Highway Department a parcel of land located in Leake County, Mississippi, being more particularly described as follows:

“Begin at a point on the present Westerly right-of-way line of Mississippi Highway No. 35, said point being 25 feet Northeasterly of and perpendicular to the centerline of Federal Aid Project No. 11-0023-02-028-10 at Station 524 + 22.29, said point also being 1425.4 feet North of and 489.7 feet west of the Southeast corner of the Northeast 1/4 of Section 24, Township 10 North, Range 7 East; from said point of beginning run thence in a Southeasterly direction along the said present Westerly right-of-way line, a distance of 11.5 feet to a South line of grantor’s property; thence North 89 degrees 00´ West along said South line, a distance of 21.0 feet to a Westerly line of grantor’s property; thence North 19 degrees 52´ West along said Westerly line, a distance of 150.6 feet to another South line of grantor’s property; thence North 89 degrees 00´ West along said South line, a distance of 5.3 feet to a point on the centerline of said project at Station 525 + 70.71; thence continuing along said South line North 89 degrees 00´ West, a distance of 96.2 feet; thence North 19 degrees 44’ West, a distance of 462.3 feet, more or less, to a point in the center of the Pearl River; thence north 87 degrees 01´ east with the center of the Pearl River, a distance of 120.1 feet, more or less, to the said present Westerly right-of-way line; thence South 19 degrees 44´ East along said present right-of-way line, a distance of 610.2 feet to the point of beginning and containing 1.30 acres, more or less, and all being situated in and a part of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 10 North, Range 7 East, Leake County, Mississippi.”

Laws of 1994, ch. 481, §§ 1, 2, effective July 1, 1994, provide as follows:

“SECTION 1. The Mississippi Department of Wildlife, Fisheries and Parks is authorized, in its discretion, to sell and convey to the City of Jackson, Hinds County, Mississippi, or to any interested person, group, organization, company or corporation, certain state-owned real property for not less than fair market value as determined by the averaging of at least two (2) appraisals by Mississippi certified general appraisers, and upon certain terms and conditions herein provided, the property is described as follows:

“Hinds County Tax Parcel 409-1, located in the Northwest quadrant of the intersection of Cardinal Street and Ridgeway Street, in the City of Jackson, Hinds County, Mississippi.

“SECTION 2. Any conveyance executed pursuant to Section 1 of this act shall contain a provision reserving unto the State of Mississippi all oil, gas and mineral rights of every kind and character, with the rights of ingress and egress to remove same.”

Laws of 1998, ch. 479, § 2, effective March 26, 1998, provides as follows:

“SECTION 2. Section 1, Chapter 481, Laws of 1994, is amended as follows:

“SECTION 1. The Mississippi Department of Wildlife, Fisheries and Parks is authorized, in its discretion, to sell and convey to the City of Jackson, Hinds County, Mississippi, or to any interested person, group, organization, company or corporation, or to exchange for property of equal value with the City of Jackson, certain state-owned real property for not less than fair market value as determined by the averaging of at least two (2) appraisals by Mississippi certified general appraisers, and upon certain terms and conditions herein provided, the property is described as follows:

“Hinds County Tax Parcel 409-1, located in the Northwest quadrant of the intersection of Cardinal Street and Ridgeway Street, in the City of Jackson, Hinds County, Mississippi.”

Laws of 2007, ch. 310, §§ 1 and 2 provide:

“SECTION 1. The Legislature finds that in 2004 several state parks were requiring substantial subsidies from the General Fund, and the Mississippi Commission on Wildlife, Fisheries and Parks was directed to promptly dispose of those parks through closure, lease, sale or transfer. The Nanih Waiya State Park was one of those state parks to be promptly disposed of by the commission. Nanih Waiya is the site of a sacred mound of the Choctaw Nation and on lands ceded to the United States by the Choctaw Nation under the Treaty of Dancing Rabbit Creek. The Nanih Waiya Mound is venerated by the Choctaws and the site is considered to be the birthplace of the Choctaws. The Mississippi Band of Choctaw Indians desires to have this site of great historical significance to the Choctaws returned to them. The Legislature finds that it is in the public interest to return this historical site of the Choctaw Indians to the Mississippi Band of Choctaw Indians.

“SECTION 2. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall take any and all actions necessary to donate and to convey the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians. The executive director of the department is authorized to execute any document or instrument to accomplish the donation and conveyance of the park.”

Laws of 2007, ch. 316, § 1 provides:

“SECTION 1. (1) The Department of Wildlife, Fisheries and Parks is hereby authorized to transfer and convey to the Department of Marine Resources certain state-owned real property, known as the ‘Lyman Fish Hatchery’ located in Harrison County, Mississippi, and more specifically described as follows:

“PARCEL ONE

“TOWNSHIP SIX (6) SOUTH, RANGE ELEVEN (11) WEST, ST. STEPHENS MERIDIAN: In Section 17, part of the W 1/2 and in Section 20, part of the NE 1/4 of the NW 1/4 and all of the E 1/2 of the NW 1/4 of the NW 1/4, all more particularly described as follows:

“BEGINNING at Corner 1, the south sixteenth corner between sections 18 and 17, in the center line of old U.S. Highway No. 49, a point; thence along the center line of said highway with six (6) courses, N 0° 11´ E, 223.74 feet, N 2° 27´ E, 660.00 feet, N. 7° 52´ E, 324.06 feet, N 3° 54´ E, 477.18 feet, N 15° 02´ E, 785.40 feet, N 14° 39´ E, 1461.90 feet, to Corner 2, the intersection of the center line of said highway with the center line of Little Biloxi River, a point; thence with two courses of said river, S 25° 48´ E, 958.32 feet, S 69° 15´ E, 231.0 feet to Corner 3, a point; thence S 0° 25´ E, with part of the east boundary of the NW 1/4 of the NW 1/4 246.18 feet to Corner 4, the northwest sixteenth corner of said Section 17, a 1-1/4/” x 42/” I.P.; thence S 89° 55´ E, 61.84 feet to Corner 5, the intersection of the south boundary of the NE 1/4 of the NW 1/4 of said Section 17 with the west right of way boundary of the Illinois Central Railroad, a 1-1/4/” x 42/” I.P.; thence with five (5) lines along said west right of way boundary, S 14° 27´ E, 3784.44 feet to Corner 6, a point; S 13° 28´ E, 260.04 feet to Corner 7, a point; S 9° 33´ E, 158.40 feet to Corner 8, a point; S 5° 50´ E, 578.82 feet to Corner 9, a concrete post marked ‘1 COR 4 TR 4 1951’; S 5° 31´ E, 687.82 feet to Corner 10, a concrete post marked ’BOUNDARY MON NO. – 1934’; thence S 89° 45´ W, 1921.26 feet to Corner 11, a concrete post marked ‘FISHERIES BOUNDARY MON NO. – 1934’; thence N 1° 57´ E, 691.02 feet to Corner 12, a concrete post marked ‘2 COR 3TR 4 1951’; thence N 1° 57´ E, 690.36 feet to Corner 13, 1 1-1/2/” x 42/” I.P.; thence N 2° 06´ E, 1304.72 feet to corner 14, a concrete post marked ‘BOUNDARY MON NO. – 1934’; thence S 88° 51´ W, 702.24 feet to the place of beginning, containing 214.66 acres, more or less.

“(2) Upon the transfer of the property described in subsection (1), the Department of Wildlife, Fisheries and Parks and the Department of Marine Resources may agree to a certain period of transition in which the duties of the management and operations of the fish hatchery are transferred.”

Laws of 2010, ch. 509, § 4, provides:

“SECTION 4. (1) The Mississippi Commission on Wildlife, Fisheries and Parks is authorized to donate and convey that property located in Hinds County, Mississippi, known as ‘Lake Dockery,’ to the newly incorporated City of Byram, Mississippi, the property being more particularly described as follows:

“Beginning at the Southeast corner of Section 11, Township 4, Range 1 West, thence North 25° 04´ West, a distance of 921 feet to the point of beginning; thence at an angle of 46° 00´ right, a distance of 337.5 feet; thence at an angle of 37° 11´ left, a distance of 200 feet; thence at an angle of 7° 14´ right, a distance of 233 feet; thence at an angle of 14° 54´ left, a distance of 329 feet; thence at an angle of 13° 37´ left, a distance of 490 feet; thence at an angle of 17° 02´ right, a distance of 395 feet; thence at an angle of 40° 21´ left, a distance of 337 feet; thence at an angle of 31° 00´ left, a distance of 273 feet; thence at an angle of 2° 34´ right, a distance of 512 feet; thence at an angle of 62° 30´ left, a distance of 312 feet; thence at an angle of 21° 18´ left, a distance of 200 feet; thence at an angle of 20° 12´ left, a distance of 836 feet; thence at an angle of 88° 02´ right, a distance of 284 feet; thence at an angle of 9° 25´ left, a distance of 324 feet; thence at an angle of 132° 23´ left, a distance of 594 feet; thence at an angle of 55° 52´ right, a distance of 569 feet; thence at an angle of 71° 41´ left, a distance of 757 feet; thence at an angle of 33° 04´ right, a distance of 355 feet; thence at an angle of 83° 30´ left, a distance of 921 feet to point of beginning, containing 80.5 acres more or less.

“(2) The authority to donate and convey the property in this section shall include the authority to convey the property in fee simple subject to any prior reservations. The conveyance to be made shall also include the enrollment of Lake Dockery in the ‘Community Assistance Program’ of the Department of Wildlife, Fisheries and Parks to provide technical assistance to the City of Byram in the management of the fishery at Lake Dockery and such other assistance as may be necessary from time to time.”

Laws of 2011, ch. 507, § 2 provides:

“SECTION 2. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Department of Wildlife, Fisheries and Parks, is authorized to donate and convey to the Board of Supervisors of Coahoma County, Mississippi, all title and interest in certain real property accepted by and under the possession and control of the Department of Wildlife, Fisheries and Parks known as Moon Lake Park, being a total of 645 acres, more or less, lying and being situated in Coahoma County, Mississippi, more specifically described as follows:

Tract I

“That portion of Sectional Lots 6, 7, 9, 10 and 15 South and West of Highway 49 in Section 35, Township 30 North, Range 3 West, Less and Except:

“That part of Section Lots 9 and 15 deeded to the Mississippi Department of Transportation found in Book 799, Pages 470, and less that approximate 4 acre parcel found at Book 836, Page 252 of the Land Records of Coahoma County, all of the above being located in Coahoma County, Mississippi.

“And

Tract II

“Commencing at the Southeast Corner of Section 27, Township 30 North, Range 3 West, Coahoma County, Mississippi; thence North 0 degrees 22 minutes 29 seconds East along the East side of said Section, 2146.10 feet to a point on the South right-of-way of U.S. Highway No. 49 W; thence North 35 degrees 57 minutes 34 seconds West along said right-of-way, a distance of 721.62 feet to a point at the intersection of the West right-of-way of a railroad and said highway right-of-way and being the POINT OF BEGINNING of the land herein described; thence South 31 degrees 23 minutes 53 seconds West along said railroad right-of-way, a distance of 1131.93 feet to a point; thence North 0 degrees 43 minutes 07 seconds East, 1639.48 feet to a point on said highway right-of-way; thence South 61 degrees 10 minutes 53 seconds East along said right-of-way, 106.54 feet to a point; thence South 35 degrees 57 minutes 34 seconds East along said right-of-way, 500.00 feet to a point; thence North 54 degrees 02 minutes 26 seconds East along said right-of-way, 20.00 feet to a point; thence South 35 degrees 57 minutes 34 seconds East along said right-of-way, 282.71 feet to the POINT OF BEGINNING and containing 11.20 acres more or less and all being in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 27, Township 30 North, Range 3 West, Coahoma County, Mississippi.

“(2) The conveyance authorized in subsection (1) of this section shall be conditional upon the Commission on Wildlife, Fisheries and Parks certifying by resolution that the projects described in Section 26, Chapter 522, Laws of 2003, have been abandoned and any monies deposited in the 2003 Moon Lake State Park Fund shall be applied to pay the debt service on the bonds issued under Sections 25 through 40, Chapter 522, Laws of 2003.”

Laws of 2015, ch. 356, §§ 1 and 2 provide:

“SECTION 1. (1) The Department of Wildlife, Fisheries and Parks, is hereby authorized to sell, lease, or exchange for a tract or tracts of equal value, a certain parcel of real property with improvements, located in Claiborne County, Mississippi, being part of the Canemount Wildlife Management Area, containing the historic home and outbuildings, provided that the sale and conveyance is subject to the requirements of Section 29-1-1. The authority set forth herein shall include the right to advertise for sale or lease to the highest and best bidder. The tract of land and any improvements located thereon, which is authorized to be sold is more particularly described as follows:

“Point of Commencement (POC) being the SE corner of irregularly shaped section 48, Township 11 North, Range 1 East, located at MS West NAD 83 FT coordinates 869193.392, 2052684.338; from(POC) travel N 79° 43´ 13´´ W for 3107.634 feet to a point; thence N 14° 23´ 37´´ E for 1117.215 feet to the Point of Beginning (POB); thence N 0° 56´ 45´´ W for 788.031 feet to a point; thence along a curve following MS 552 to the right with a chord bearing and distance of N 8° 4´ 49´´ E, for 688.916 feet, said curve radius being 2200 feet, to a point; thence S 90° E for 1106.426 feet to a point; thence S 0° E for 1470 feet to a point; thence S 90° W for 1190.263 feet to the POB.

“(2) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into the Fisheries and Wildlife Fund of the State Treasury and shall not be deposited into the State General Fund.

“SECTION 2. Any advertisements or notices required to effect the sale, lease, or exchange of this property, shall include information stating that the dwelling house located on the property is listed on the National Register of Historic Places, and subject to any and all rules and regulations appertaining thereto.”

Cross References —

Mineral exploration and testing on state wildlife management areas, lakes or fish hatcheries, see §29-7-3.

Additional powers, duties and responsibilities of department, see §49-4-7.

Powers and duties of the Department with respect to the Motor Vehicle and Boat Replacement Program, see §§49-6-1 et seq.

Assumption of powers of marine conservation commission, see §49-15-11.

Payment of penalties for shrimping during closed season to the Department of Marine Resources, see §49-15-64.

Authority of the commission to establish the maximum number of crab pots allowable per licensee, see §49-15-91.

Assumption of powers of marine resources council, see §57-15-3.

Assumption of powers of boat and water safety commission, see §59-21-111.

§ 49-4-11. Qualifications of executive director.

The executive director shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage a multifunctional agency. The minimum qualifications for the position of executive director are as follows:

A master’s degree in one (1) of the management functions of the agency, wildlife or fisheries conservation, parks and recreation or related sciences or a master’s degree in public or business administration and at least six (6) years’ experience in a public or private organization with administrative management functions similar to those of the agency. At least three (3) of the six (6) years’ experience must be in a position with administrative management responsibilities, including personnel supervision and budget management; or

A bachelor’s degree in wildlife or fisheries conservation, biology, parks and recreation, forestry, agriculture or related sciences or a bachelor’s degree in public or business administration and at least eight (8) years’ experience in a public or private organization with administrative management functions directly related to those of the agency, with four (4) of those years in an administrative management position with personnel supervision and budget management responsibilities.

HISTORY: Laws, 1978, ch. 484, § 15; Laws, 1989, ch. 544, § 117; Laws, 1994, ch. 628, § 2, eff from and after July 1, 1994.

Cross References —

Membership of executive director on nuclear waste technical review committee, see §57-49-11.

§ 49-4-13. Powers and duties of executive director.

Effective July 1, 1979, the executive director of the Department of Wildlife, Fisheries and Parks shall have the following powers and duties:

To supervise and direct all administrative and technical activities of the department;

To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields, and such other technical and clerical staff as may be required for the operation of the department;

To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of wildlife, fisheries and parks;

To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;

To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to wildlife, fisheries and parks, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;

In his discretion, to enter into an affinity relationship with a credit card issuer and to expend funds derived therefrom to improve wildlife management areas; and

To carry out all regulations and rules adopted by the commission and enforce all licenses and permits issued by the commission.

HISTORY: Laws, 1978, ch. 484, § 16; Laws, 1989, ch. 544, § 118; Laws, 1996, ch. 389, § 1, eff from and after passage (approved March 19, 1996).

Cross References —

Authority of the Attorney General and the Department of Wildlife, Fisheries and Parks to enforce conservation easements, see §89-19-7.

OPINIONS OF THE ATTORNEY GENERAL

Under Miss. Code Section 49-4-13(b) stating that executive director of Department of Wildlife, Fisheries and Parks is authorized to “employ”, subject to approval of commission, qualified professional personnel in subject matter or fields, and such other technical and clerical staff as may be required for operation of Department, word “employ” should be construed according to ordinary and popular usage of term as equivalent to definition “to initially hire.” 1993 Miss. Op. Att'y Gen. 911.

§ 49-4-15. Repealed.

Repealed by Laws of 1996, ch. 405, § 4, eff from and after passage (approved March 21, 1996).

[Laws, 1978, ch. 484, § 17; Laws, 1989, ch. 544, § 119; Laws, 1990, ch. 522, § 33, Laws, 1993, ch. 574, § 2]

Editor’s Notes —

Former §49-4-15 was entitled: Qualifications of office heads.

§ 49-4-17. Repealed.

Repealed by Laws of 1989, ch. 544, § 120, eff from and after July 1, 1989.

[En Laws, 1978, ch. 484, § 18]

Editor’s Notes —

Former §49-4-17 provided for the employment of an assistant for administration.

§ 49-4-19. Traveling expenses of departmental employees.

All employees of the department, when authorized by the executive director, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of the department, in accordance with Section 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1978, ch. 484, § 19; Laws, 2000, ch. 516, § 24, eff from and after passage (approved Apr. 30, 2000.).

§ 49-4-21. Attorney General as counsel to Commission and Department of Wildlife, Fisheries and Parks.

The Attorney General shall be counsel and attorney for the commission and Department of Wildlife, Fisheries and Parks. The Attorney General shall designate one (1) of his deputies or assistants to be counsel and attorney for the commission and the department in all actions, proceedings and hearings. The deputy or assistant so designated shall be legal advisor of the commission and the department in all matters relating to the commission and the department and to the powers and duties of its officers.

HISTORY: Laws, 1978, ch. 484, § 20; Laws, 1990, ch. 480, § 2, eff from and after passage (approved March 26, 1990).

§ 49-4-22. Maintaining court records and abstracts of game and fish law violations.

  1. Every court shall keep a record of the proceedings of every case in which a person is charged with any violation of game and fish laws or regulations.
  2. Unless otherwise sooner required by law, within forty-five (45) days after the conviction of a person upon a charge of violating any game or fish law or regulation the clerk of the court shall prepare and immediately forward to the Department of Wildlife, Fisheries and Parks an abstract of the record of the court and the abstract must be certified by the person so authorized to prepare the same to be true and correct.
  3. The abstract must be made upon a form approved by the Department of Wildlife, Fisheries and Parks, and shall include the name and address of the party charged, the number of the uniform citation, the nature of the offense, the date of hearing, the plea, the judgment, and if the fine was satisfied by prepayment or appearance bond forfeiture, and the amount of the fine or forfeiture, as the case may be.
  4. The Department of Wildlife, Fisheries and Parks shall keep copies of all abstracts for a period of at least three (3) years at its main office and the record shall be open to public inspection during reasonable business hours.

HISTORY: Laws, 1998, ch. 344, § 1, eff from and after July 1, 1998.

Cross References —

General fines and penalties for game and fish law violations, see §49-7-101.

Penalties for Class I violations of game and fish laws, see §49-7-141.

Penalties for Class II violations of game and fish laws, see §49-7-143.

§ 49-4-23. Repealed.

Repealed by Laws of 1989, ch. 334, § 1, eff from and after March 7, 1989.

[En Laws, 1980, ch. 528; Laws, 1984, ch. 488, § 232]

Editor’s Notes —

Former §49-4-23 dealt with the sale of timber in the Pascagoula River Wildlife Management Area and created the Wildlife Heritage Timber Fund.

Section 341, ch. 488, Laws, 1984, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

§ 49-4-25. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994.

[Laws, 1984, ch. 410]

Editor’s Notes —

Former §49-4-25 was entitled: Saltwater recreational fishing record list. For similar provisions, see §49-15-309.

§ 49-4-27. Repealed.

Repealed by Laws of 1995, ch. 409, § 10, eff from and after passage (approved March 15, 1995).

[En Laws, 1985, ch. 445, § 2]

Editor’s Notes —

Former §49-4-27 was entitled: Hunter education courses.

§ 49-4-29. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994.

[Laws, 1988, ch. 548, § 1]

Editor’s Notes —

Former §49-4-29 was entitled: Sanctuaries to protect fishing resources. For similar provisions, see §49-15-321.

§ 49-4-31. Hunter safety officers to investigate hunting accidents; law enforcement officer authorized to request that person involved in hunting accident resulting in injury or death submit to chemical test for presence of alcohol.

  1. Upon notification by a duly authorized law enforcement officer of a death or injury that occurred by use of a weapon by any person engaged in hunting, a hunter safety officer of the department shall immediately initiate an investigation of the incident and shall submit a report to the executive director of the department. The executive director shall submit the report to the commission. If the commission determines there is probable cause to believe that the incident occurred as a result of culpable negligence on the part of the person causing the death or injury, the commission shall notify the district attorney of the circuit court district in which the incident occurred.
  2. A law enforcement officer may request that the person who causes serious bodily injury or death to another person by use of a weapon submit to a chemical test for determining the presence of alcohol or other drugs.

HISTORY: Laws, 1989, ch. 546, § 1; Laws, 1995, ch. 409, § 4; Laws, 2006, ch. 553, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2006 amendment added (2).

§ 49-4-33. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994.

[Laws, 1990, ch. 531, § 1; Laws, 1991, ch. 618, § 31; Laws, 1992, ch. 491 § 33; Laws, 1993, ch. 399, § 1]

Editor’s Notes —

Former §49-4-33 was entitled: Authority to purchase insurance on department aircraft; immunity waived to extent of insurance coverage. For similar provisions, see §49-15-311.

§ 49-4-35. Marked and unmarked department vehicles; violations and penalties.

  1. The Department of Wildlife, Fisheries and Parks shall distinctively mark all vehicles used by conservation officers to enforce game and fish laws. Vehicles used for law enforcement purposes shall have the words “Law Enforcement” printed in bold letters in a color which is in contrast with the color of the vehicle, under the official insignia of the department.
  2. The department may authorize the use of unmarked vehicles when identifying marks would hinder official investigations by the department.
  3. Any person who knowingly and wilfully violates this section is guilty of a misdemeanor and is punishable as provided in Section 25-1-91, Mississippi Code of 1972.

HISTORY: Laws, 1992, ch. 526, § 1, eff from and after July 1, 1992.

Cross References —

Conservation officers generally, see §§49-1-9 through49-1-44.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws. 87 A.L.R.4th 981.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 7.

36A C.J.S., Fish § 29.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 7.

§ 49-4-37. North Mississippi fish hatchery; establishment; operation.

  1. The Department of Wildlife, Fisheries and Parks may establish and operate a fish hatchery in North Mississippi at a site to be determined by the department with the approval of the commission to enable the department to adequately stock public lakes and streams in North Mississippi. For such purpose, the department shall use those funds that are made available by any agency of the state or federal government, an appropriation by the Legislature or any other source. The department is designated as the governing authority of any such fish hatchery and the operation and maintenance of the fish hatchery shall meet the standards of the department and state law regarding the operation of a fish hatchery. The department may accept funds from any source and those funds shall be used to pay the maintenance, operational and administrative expenses of the fish hatchery.
  2. The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land:

    The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less.

    All that land in the Northeast Quarter; north of a line starting at monument stamped “LA-42A”; and running northeasterly to a monument stamped “LA-43”, Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less.

    The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery.

  3. The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.

HISTORY: Laws, 1994, ch. 446, § 1, eff from and after passage (approved March 21, 1994).

§ 49-4-39. Regulation of hunting, fishing and wildlife viewing, guide and outfitter services.

The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services. The commission shall have the following powers and duties:

Prescribe the form and type of licenses;

Establish fees for the types of licenses; the fee for guide services licenses not to exceed One Hundred Fifty Dollars ($150.00); the fee for outfitters licenses not to exceed Two Hundred Fifty Dollars ($250.00); and

To exercise all powers and make any regulations necessary to regulate such services.

HISTORY: Laws, 1997, ch. 549, § 1; reenacted and amended, Laws, 1998, ch. 310, § 1; Laws, 1999, ch. 311, § 1, eff from and after passage (approved Mar. 8, 1999.).

§ 49-4-41. Regulation of the feeding of wild animals and game birds outside of wildlife enclosures.

    1. The Commission on Wildlife, Fisheries and Parks shall regulate the feeding of wild animals and game birds outside of wildlife enclosures and shall have plenary authority in matters related to such feeding of wild animals and game birds.
    2. The authority to regulate feeding shall not apply to planted food plots and natural habitat management.
    3. The authority to regulate feeding under this section shall not apply to wildlife enclosures.
  1. The commission may take any action it deems necessary and may use its emergency powers to prevent, control or eradicate disease resulting from the feeding of wild animals and game birds.
  2. A violation of this section or any regulation of the commission promulgated to prevent, control or eradicate disease is a Class II violation and is punishable as provided in Section 49-7-143.

HISTORY: Laws, 2007, ch. 600, § 2, eff from and after July 1, 2007.

Chapter 5. Fish, Game and Bird Protection and Refuges

In General

§ 49-5-1. Public lands.

  1. All lands belonging to the State of Mississippi whether held in fee or in trust by the state, are hereby declared forest reserves and wild life refuges so long as the state so owns them, and no wild life shall be taken thereon except under regulations of the commission.
  2. Every public park, golf course and play ground, containing as much as fifty (50) acres, shall constitute, and is hereby declared to be a sanctuary or preserve for the protection and propagation of bird and animal life.
  3. The Secretary of State, by and with the consent and approval of the Attorney General and the commission, is hereby authorized and empowered to lease, for a term not exceeding twenty (20) years, the cut-over, swamp and overflowed lands belonging to the state and unsuitable for cultivation, for the purpose of establishing game and fish preserves, but the lease of such land for game preserve purposes shall not be applied to tracts of land of less than one thousand (1,000) acres of contiguous lands.

    Such a lease shall provide that the lessee or lessees of the cut-over, swamp or overflowed land shall not cut any timber for commercial purposes or permit waste thereof or of the lands and shall not include the right to mine the oil, gas and minerals on or under the said land. As a consideration for the lease, the Secretary of State, by and with the consent of the Attorney General and the commission, shall contract that the lessee or lessees shall at all times protect the state’s interest in and to the timber growing on the leased lands.

    However, nothing in this subsection shall prevent the state from selling at any time any timber or any of said lands so leased, or leasing and/or drilling such lands for gas, oil, and/or minerals.

    Furthermore, nothing in this subsection shall prevent the homesteading of any lands so leased.

HISTORY: Codes, 1930, § 3879; 1942, §§ 5835, 5860, 5923; Laws, 1924, ch. 323; Laws, 1932, chs. 123, 130; Laws, 2000, ch. 516, § 26, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Duties and powers of Secretary of State, see §7-11-11.

Issuance of permits for scientific purposes, see §49-1-41.

Posting of refuges, see §49-5-19.

Establishment of wildlife restoration projects in cooperation with federal government, see §49-5-25.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-5-2. Definitions.

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

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

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

“Executive director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

HISTORY: Laws, 2000, ch. 516, § 25, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-3. Boards of supervisors may add to preserve.

The board of supervisors of any county may add additional territory to any bird and game preserve or sanctuary by an order entered on their minutes defining the boundaries of the same, and such additional territory shall be subject to all the provisions of this chapter.

HISTORY: Codes, 1930, § 3883; 1942, § 5839; Laws, 1924, ch. 323.

§ 49-5-5. Unlawful to hunt on preserve.

It shall be unlawful for any person to hunt with gun or dog on any sanctuary or preserve for bird and game, or to rob or destroy the nests of any birds, or to catch, snare, trap, or net any birds within any such prescribed limits, and any person, found with gun or dog on or within such prescribed limits, shall be prima facie presumed to be hunting in violation of this section.

HISTORY: Codes, 1930, § 3880; 1942, § 5836; Laws, 1924, ch. 323.

Cross References —

Penalty for violation of this section, see §49-5-39.

Arrest of persons for violating this section, see §49-5-43.

Requirements for hunting and fishing license, see §§49-7-3 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

CJS.

36A C.J.S., Fish § 24-26.

§ 49-5-7. What birds protected.

  1. No wild bird other than a game bird or introduced pheasants which are hereby classified as domestic fowl shall be pursued, taken, wounded, killed, captured, possessed or exported at any time, dead or alive. No part of the plumage, skin or body of any bird protected by this section or of any birds coming from without the state, the importation of which is prohibited into the United States, shall be sold or had in possession for sale in this state.

    No person shall molest, take or destroy or attempt to molest, take or destroy the nests or eggs of any wild bird, or have such nests or eggs in his possession, except under the authority of a permit duly issued for scientific purposes.

  2. This section shall not apply to game birds for which there is an open season under state law or introduced pheasants; birds, or parts thereof collected or possessed under the authority of a certificate duly issued for scientific purposes; or to the English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer’s blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or to the nests or eggs of such unprotected birds. Nor shall anything contained in this section prohibit any person on his own land or land under his control from killing or controlling any English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer’s blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or any bird by nature destructive of gardens, crops or property of any kind when such birds are committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. This section does not authorize and shall not be construed to authorize the killing of any migratory birds protected by the Migratory Bird Treaty Act.

HISTORY: Codes, 1930, § 3882; 1942, §§ 5838, 5868, 5869; Laws, 1924, ch. 323; Laws, 1932, ch. 123; Laws, 1948, ch. 252, § 1; Laws, 1970, ch. 284, § 1; Laws, 1971, ch. 315, § 1; Laws, 2000, ch. 368, § 2; Laws, 2001, ch. 553, § 1, eff from and after passage (approved Apr. 7, 2001.).

Amendment Notes —

The 2001 amendment inserted “or introduced pheasants which are hereby classified as domestic fowl” in the first paragraph of (1); and rewrote (2).

Cross References —

Issuance of permits for scientific purposes, see §49-1-41.

Posting of refuges, see §49-5-19.

Protection of bird nests and eggs, see §49-7-73.

Federal Aspects—

Migratory Bird Treaty Act, see 16 U.S.C.S. §§ 703-712.

RESEARCH REFERENCES

ALR.

Liability for injury to property inflicted by wild animal. 57 A.L.R.2d 242.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself. 44 A.L.R.3d 1008.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-5-9. Waterfowl included within term “game.”

As used in Sections 49-5-11 to 49-5-19, the term “game” shall also include waterfowl.

HISTORY: Codes, 1942, § 5844-25; Laws, 1962, ch. 181, § 7, eff from and after passage (approved June 1, 1962).

§ 49-5-11. Game and fish management projects or refuges; purchase of lands.

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.

HISTORY: Codes, 1942, § 5844; Laws, 1932, ch. 123; Laws, 1946, ch. 423, § 3; Laws, 1947, 1st Ex Sess ch. 41; Laws, 1948, ch. 255, § 2; Laws, 1950, ch. 215; Laws, 1954, ch. 175, §§ 1, 2; Laws, 1956, ch. 148; Laws, 1958, ch. 176; Laws, 1962, ch. 181, § 1; Laws, 1966, ch. 261, § 1; Laws, 1970, ch. 279, § 1; Laws, 1973, ch. 378, § 1 (s); Laws, 2000, ch. 516, § 27, eff from and after passage (approved Apr. 30, 2000.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section by inserting the words “the commission” so that “In addition to the powers and duties now conferred upon the commission may, in its discretion, purchase...” reads “In addition to the powers and duties now conferred upon the commission, the commission may, in its discretion, purchase...” The Joint Committee ratified this correction at its August 16, 2012, meeting.

Cross References —

Establishment of fish and game management areas on land leased from superintendent of prisons, see §47-5-56.

Regulation of shooting preserves, see §§49-11-1 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-5-13. Wildlife management projects or refuges; regulation and management; lease of lands.

  1. The commission may adopt rules and regulations regulating public hunting and fishing in any wildlife conservation management projects or wildlife conservation hunting and fishing refuges constructed under this chapter, and may prescribe and collect fees for the privilege of hunting and fishing in such projects and shall have general authority to operate such wildlife conservation management areas or refuges.
  2. The commission may adopt such rules and regulations that may be necessary for the management and control of such wildlife conservation management areas or refuges.
  3. The Department of Finance and Administration may lease any lands other than woodlands owned by the state within wildlife conservation management areas as long as such lands are not within the boundaries of the used portions of such areas and so long as such lands are leased as provided for in subsections (4) and (5) of this section. The rental from any such lease is to be paid to the commission and expended as hereinafter provided.
  4. The commission shall recommend to the Department of Finance and Administration the number of acres of land within wildlife conservation management areas which should be leased to private entities. The Department of Finance and Administration shall have the authority to lease for agricultural purposes that land so recommended for not less than one (1) nor more than five (5) years. The Department of Finance and Administration shall lease the lands for cash rent only. The Department of Finance and Administration shall reserve and exclude from any such lands the hunting rights on the lands at all times after the crops are harvested and until the lands are again planted.
  5. It shall be the duty of the Department of Finance and Administration to lease such lands at public contract upon the submission of two (2) or more sealed bids to the Department of Finance and Administration after having advertised such land for rent in a newspaper of general circulation published in the county in which the land is located, or if no newspaper be published in said county, then in a newspaper having a general circulation therein, for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days prior to the date of such public contract, and the last publication shall be made not more than seven (7) days prior to such date. The Department of Finance and Administration shall have the authority to reject any and all bids. If all bids on a tract or parcel of land are rejected, the Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at such time authorized by the Department of Finance and Administration. Provided, however, rent shall be due no later than the day upon which the lessee shall assume possession of the leasehold, and shall be due on the anniversary date for each following year of the lease. The Department of Finance and Administration shall have the rights and remedies for the security and collection of such rents given by law to landlords. Upon the execution of the leases as authorized by this section, the leased land shall be liable to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereon for taxes, only the title of the leaseholder or his heirs or assigns shall pass by the sale.

HISTORY: Codes, 1942, § 5844-21; Laws, 1962, ch. 181, §§ 2, 3; Laws, 1980, ch. 423; Laws, 1984, ch. 488, § 233; Laws, 2000, ch. 516, § 28, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 341, ch. 488, Laws of 1984, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

RESEARCH REFERENCES

ALR.

Standing to sue for violation of state environmental regulatory statute. 66 A.L.R.4th 685.

§ 49-5-13.1. Department to develop and implement safety program for hiking, horseback riding and walking trails in wildlife management areas during gun season.

  1. The department shall clearly designate and mark hiking, horseback riding and walking trails on state-owned wildlife management areas.The department shall develop and implement a safety program and regulations for the use of the trails during any gun season.
  2. The department is directed to enter into a memorandum of understanding with the USDA Forest Service to develop and implement a safety program and regulations for the use of hiking, horseback riding and walking trails during any gun season in wildlife management areas on national forest lands.

HISTORY: Laws, 2010, ch. 523, § 2, eff from and after July 1, 2010.

§ 49-5-14. Fox preserve or refuge; contracts with private landowners in Yalobusha or Grenada counties.

In addition to the powers and duties now conferred upon the Commission on Wildlife, Fisheries and Parks, the commission may, in its discretion, establish the land in Yalobusha County or Grenada County necessary and requisite for the construction and maintenance thereon of a fox preserve or refuge. The commission also may enter into contracts with private landowners for the purpose of designating certain portions of land in Yalobusha County and Grenada County as a fox preserve or refuge.

HISTORY: Laws, 1998, ch. 438, § 1, eff from and after July 1, 1998.

§ 49-5-15. Contracts with counties for joint support and maintenance of projects or refuges.

The commission may contract with any county or counties in which such a game and fish management project or game and fish hunting and fishing refuge may be located or any municipality located in such county, for the joint support and maintenance thereof so that the cost of acquisition, construction and maintenance of such project may be borne jointly by such agencies. The commission may use any revenues from the sale of timber, mineral leases on such land, any donations made to such a project by any agency of the federal government or the State of Mississippi or fees collected for permits granted for hunting and fishing thereon toward financing same.

HISTORY: Codes, 1942, § 5844-22; Laws, 1962, ch. 181, § 4; Laws, 2000, ch. 516, § 29, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-16. Construction of lodges.

The commission may enter into agreements with counties in which game and fish wildlife management areas are located, and to accept monies from the counties, the federal government, or from any other sources, for the construction and operation of lodges on lands owned by the commission. The lodges shall be controlled and operated by the commission.

HISTORY: Codes, 1942, § 5844-31; Laws, 1972, ch. 354, § 1; Laws, 2000, ch. 516, § 30, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-17. Issuance and retirement of bonds.

Bonds may be issued by any municipality or county as now authorized by Section 55-9-1 to secure funds to purchase the required lands and to construct game and fish management projects, all of which shall be done under the direction of the commission. Such bonds shall be retired by the proceeds of ad valorem taxes levied by such counties and municipalities, and the commission may pledge to the payment of such bonds any funds accruing to it under this chapter.

HISTORY: Codes, 1942, § 5844-23; Laws, 1962, ch. 181, § 5; Laws, 2000, ch. 516, § 31, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-19. Posting of refuges.

Notices or sign boards not less than one (1) foot square, warning all persons against hunting, trapping, or fishing, or trespassing thereon for that purpose, shall be conspicuously posted by the executive director, or under his direction, close to and along the entire boundary of any refuge, sanctuary, rest ground, lake or stream, or portion thereof, closed to hunting or fishing by order of the commission, in such number as the executive director may deem necessary.

No order of the commission closing any area to hunting, trapping or fishing shall become effective until such order has been published in the manner required by Section 49-1-45 and copy of the order, certified by the secretary of the commission, shall be filed in the office of the sheriff of the county or counties in which such closed area is located.

No person shall take or destroy any animal, bird, or fish, or bird’s nest or egg, or eggs or spawn of fish in any refuge, sanctuary, rest ground, or other area closed to hunting, trapping or fishing by order of the commission, but it shall be lawful for a duly accredited employee of the state or of the federal government to take predatory animals or birds on any such closed area.

HISTORY: Codes, 1942, § 5847; Laws, 1932, ch. 123; Laws, 1954, ch. 171; Laws, 2000, ch. 516, § 32, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Issuance of permits for scientific purposes, see §49-1-41.

Enforcement of game and fish regulations, see §49-1-43.

Hunting on lands of others, see §49-7-79.

Penalties for trespass, see §§97-17-85 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 26.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 12.

36A C.J.S., Fish §§ 20, 39.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 12.

§ 49-5-21. Fisheries and Wildlife Fund created; annual budget requests to Legislature.

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

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

  3. The department shall prepare and submit annually to the Legislature a budget for its proposed operation. The budget required shall reflect all anticipated revenues from all sources, including all grants and matching funds, together with all proposed expenditures. The budget shall be prepared in the same manner as is now required of other departments of this state. The department shall be subject to budgetary control and audit in the same manner as is provided by law for other departments and agencies. Nothing in this section shall be construed as requiring legislative appropriation of such Fisheries and Wildlife Fund, but it is intended that expenditure of such funds shall be under authority of the budget approved as herein provided and as authorized by the Legislature.

HISTORY: Codes, 1942, § 5862.5; Laws, 1952, ch. 192, §§ 1-3; Laws, 1970, ch. 282, § 1; Laws, 1976, ch. 475; Laws, 1982, ch. 365, § 1; Laws, 1984, ch. 488, § 234; Laws, 2000, ch. 516, § 33, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Salaries of conservation officers, see §§49-1-13.

Reimbursement for premiums on fidelity bonds, see §49-1-21.

Proceeds from sales of skins or pelts of contraband animals, see §49-1-37.

Use of all funds, see §49-1-51.

Premiums for liability insurance covering hunter safety program, see §49-1-60.

Disposition of penalty assessment for support of hunter safety program, see §49-1-65.

Sharing in expenses of United States Bureau of Biological Survey, see §49-5-35.

Disposition of fines and penalties collected for violations of fish, game and bird protection laws, see §49-5-51.

Funding for conservation of nongame and endangered species, see §49-5-103.

Deposit of the difference in fee for lifetime and golden lifetime licenses into the wildlife endowment fund, see §49-7-153.

Disposition of fees for licenses to catch, take or kill mussels, see §49-9-11.

Disposition of revenues from fish and game refuges and preserves, see §55-3-15.

Disposition of fees for certificates of number for vessels, see §59-21-25.

Disposition of proceeds from sales of confiscated boats, motors and trailers, see §59-21-33.

Disposition of fines and penalties collected for violations of Mississippi Boating Law of 1960, see §59-21-155.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-5-23. Federal regulatory authority; cooperative agreements with United States.

Consent is hereby given to the making by the Congress of the United States, or under its authority, of all such rules and regulations as the federal government shall determine to be needful in respect to game animals, game and nongame birds, and fish on such lands in the State of Mississippi as shall have been, or may hereafter be, purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled “An Act to Enable Any State to Cooperate With Any Other State or With the United States for the Protection of the Watersheds of Navigable Streams and to Appoint a Commission for the Acquisition of Lands for the Purpose of Conserving the Navigability of Navigable Rivers,” and acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereof.

The executive director shall have the right and authority to enter into a cooperative agreement with the United States government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the national forest lands within the State of Mississippi and for the restocking of the same with desirable species of game, birds, and other animals, and fish.

HISTORY: Codes, 1942, § 5926; Laws, 1938, ch. 179; Laws, 2000, ch. 516, § 34, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Regulation of open season for migratory birds, see §49-7-31.

Federal Aspects—

The federal Act of March 1, 1911 (36 Stat. 961), referred to in this section, is codified principally at 16 U.S.C. §§ 480, 500, 515 through 519, 521, 552, and 563.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 32.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-5-25. Wildlife restoration.

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.

HISTORY: Codes, 1942, § 5927; Laws, 1938, Ex Sess ch. 39; Laws, 1948, ch. 255, § 11; Laws, 1956, ch. 154; Laws, 2000, ch. 516, § 35; Laws, 2012, ch. 419, § 1, eff from and after passage (approved Apr. 18, 2012.).

Amendment Notes —

The 2012 amendment rewrote the section.

Cross References —

Public lands for wildlife projects, see §49-5-1.

Federal Aspects—

The federal Act to Provide that the United States Shall Aid the State in Wildlife Restoration Projects, and for Other Purposes (Public Law No. 415, 75th Congress, 1st Session; ch. 899, 50 Stat. 917), referred to in this section, is codified at 16 U.S.C.S. §§ 669 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

36A C.J.S., Fish §§ 24-27.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 6.

§ 49-5-27. Repealed.

Repealed by Laws of 2012, ch. 419, § 2, effective and in force from and after passage (approved April 18, 2012).

§49-5-27. [Codes, 1942, § 5927.3; Laws, 1952, ch. 188, §§ 1, 2; Laws, 2000, ch. 516, § 36, eff from and after passage (approved Apr. 30, 2000.)]

Editor’s Notes —

Former §49-5-27 provided Mississippi’s assent to the provisions of the Fish Restoration and Management Projects Act. For similar present provisions, see §49-5-25.

§ 49-5-29. Federal migratory bird refuges.

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.

HISTORY: Codes, 1930, § 4751; 1942, § 5928.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 32.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

JUDICIAL DECISIONS

1. In general.

The authorization contained in this section [Code 1942, § 5928] permitting the acquisition by “purchase, lease or gift” means substantially the same thing as do the identical words in the Federal Migratory Bird Conservation Act of 1929, and therefore authorizes the federal government to acquire land by condemnation. Swan Lake Hunting Club v. United States, 381 F.2d 238, 1967 U.S. App. LEXIS 5652 (5th Cir. Miss. 1967).

Where the governor’s consent to the acquisition of lands for use as migratory bird refuges was unconditional, he consented to purchase as authorized by this section [Code 1942, § 5928] (including acquisition by condemnation) not only of the land itself but also hunting and other rights in the land deemed necessary to the project; and the governor’s disclaimer made nearly three years after his consent could not alter the legal effect of his original action. Swan Lake Hunting Club v. United States, 381 F.2d 238, 1967 U.S. App. LEXIS 5652 (5th Cir. Miss. 1967).

The United States, after securing the governor’s consent as required by this section [Code 1942, § 5928], had the power to proceed by eminent domain to acquire the hunting rights of a private club in lands intended as a migratory game bird refuge which would include certain public hunting areas. United States v. Hunting Rights of Swan Lake Hunting Club, 237 F. Supp. 290, 1964 U.S. Dist. LEXIS 7437 (N.D. Miss. 1964).

§ 49-5-31. Federal acts.

The federal conservation acts for the protection of game and fish and applicable regulations are hereby made a part of this chapter.

HISTORY: Codes, 1942, § 5909; Laws, 1932, ch. 123; Laws, 1998, ch. 345, § 1, eff from and after July 1, 1998.

Cross References —

Issuance of permits for scientific purposes, see §49-1-41.

OPINIONS OF THE ATTORNEY GENERAL

The justice court has jurisdiction over violations of the federal game and fish laws, which have been made a violation of state law by operation of statute. 2000 Miss. Op. Att'y Gen. 651.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 32.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

§ 49-5-33. Authority of United States Commissioner of fishieries.

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.

HISTORY: Codes, 1942, § 5924; Laws, 1932, ch. 322.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d,

Conservation and Preservation of Wildlife § 32.

CJS.

36A C.J.S., Fish §§ 24-27.

§ 49-5-35. Biological survey.

The department is authorized to cooperate with the United States Bureau of Biological Survey in the taking, killing and destruction of predatory animals within the state that are destructive to game birds, animals and livestock. The department may pay its proportionate share of the salary and expenses of the designated representative of the Bureau of Biological Survey out of any funds to the credit of the Fisheries and Wildlife Fund for the purpose of carrying out this section.

HISTORY: Codes, 1942, § 5925; Laws, 1938, ch. 180; Laws, 1982, ch. 365, § 8; Laws, 2000, ch. 516, § 37, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Fisheries and wildlife fund, see §49-5-21.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 32.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

§ 49-5-37. Appropriation to eradicate rabies among foxes.

The sum of Twenty-five Thousand Dollars ($25,000.00), or so much thereof as may be necessary is hereby appropriated out of any money in the treasury of the department, for the purpose of eradicating rabies among foxes in any county in the State of Mississippi, when the Board of Health or the commission determines that the disease is prevalent in any county or district.

HISTORY: Codes, 1942, § 5927.5; Laws, 1948, ch. 255, § 12; Laws, 2000, ch. 516, § 38, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “State Game and Fish Commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

§ 49-5-39. Fines and penalties.

  1. For every violation of Section 49-5-5 the person so offending shall be punished by a fine of not less than One Hundred Fifty Dollars ($150.00) or more than Three Hundred Dollars ($300.00), and by imprisonment in the county jail not less than ten (10) days or more than thirty (30) days. For every subsequent violation of Section 49-5-5, the person so offending shall be punished by a fine of not less than Three Hundred Dollars ($300.00) or more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail not less than ten (10) days or more than thirty (30) days, which sentence shall be served and not suspended. No person convicted of violating the above section shall for two (2) years thereafter be allowed to hunt or receive license to hunt for birds or game in the county of his conviction and in the management area within which the refuge, sanctuary or preserve is located. No person convicted of any subsequent violation of the above section shall for two (2) years thereafter be allowed to hunt or receive a license to hunt for birds or game in the State of Mississippi.
  2. Any person trespassing on any game or fish refuge in any game or fish management area shall be guilty of a misdemeanor and punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) and imprisonment in the county jail of not more than thirty (30) days.
  3. Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

HISTORY: Codes, 1930, § 3881; 1942, §§ 5837, 5844-24, 5866; Laws, 1924, ch. 323; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1948, ch. 255, § 4; Laws, 1956, ch. 149, § 1; Laws, 1962, ch. 181, § 6, ch 187; Laws, 1971, ch. 313, § 1; Laws, 1977, ch. 470, eff from and after passage (approved April 13, 1977).

Cross References —

Disposition of fines and penalties, see §49-5-51.

Penalty for violating regulations for hunting with bow and arrow, see §49-7-37.

Penalty for violating regulations for natural forest lands, see §49-7-43.

Unlawful methods of taking fish, see §49-7-81.

Penalties related to hunting and fishing, see §49-7-103.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

Upon conviction, violations of the federal game and fish laws should be fined as provided in the statute and state assessments should be imposed as for other misdemeanor violations. 2000 Miss. Op. Att'y Gen. 651.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

36A C.J.S., Fish §§ 42 et seq.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 15.

JUDICIAL DECISIONS

1. In general.

An admission of guilt made by a defendant spontaneously and before arresting game wardens had an opportunity to advise him of his constitutional rights was admissible against him when tried on the charge of possessing undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

Game wardens who had observed the defendant catch catfish smaller than the legal minimum by means of illegal traps in a public lake and subsequently transport them by boat to a point where he loaded them on a pickup truck were lawfully entitled to arrest the defendant and search his truck, and their evidence was admissible in court. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

The fact that a defendant who admitted that he was catching fish “trying to make a living” had not paid the commercial fisherman’s privilege license required by Code 1942, § 5609 was no defense to a charge of possession of undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

§ 49-5-41. Statute of limitations.

Section 99-1-5, Mississippi Code of 1972, shall apply to all violations of the laws or regulations relating to wild animals, birds, or fish.

HISTORY: Codes, 1942, § 5865; Laws, 1932, ch. 123.

§ 49-5-43. Duties of sheriffs and other peace officers.

  1. Any violation or attempt to violate any of the provisions of this chapter, or any law or regulation for the protection of wild animals, birds or fish, shall constitute and is hereby declared a misdemeanor. All sheriffs, deputy sheriffs, constables and peace officers of this state are hereby made ex-officio special conservation officers and it shall be their duty to aid in the enforcement of such laws or regulations.
  2. It shall be the duty of the conservation officer, sheriff, constable and city, town and village officers within the county to arrest, with or without process, any person whom they may know or have good reason to believe is violating the provisions of Section 49-5-5 and shall take them before the proper justice of the peace or other officer to be dealt with according to law. Any private person may arrest any person violating the above section in his presence.

HISTORY: Codes, 1930, § 3884; 1942, §§ 5840, 5857; Laws, 1924, ch. 323; Laws, 1932, ch. 123; Laws, 1936, ch. 221; Laws, 1974, ch. 569, § 16, eff from and after passage (approved April 24, 1974).

Editor’s Notes —

Chapter 471, Laws of 1981, as part of a continuing overall legislative design to replace justice of the peace courts with justice courts and justices of the peace with justice court judges, amended numerous sections of the Mississippi Code of 1972 affecting justices of the peace and justice of the peace courts. Although chapter 471 did not specifically amend this section, attention is directed to Miss. Const., Art. 6, § 171, amended 1975, which provides, inter alia, that “All reference in the Mississippi Code to justice of the peace shall mean justice court judge.”

Cross References —

Duties of sheriffs, see §19-25-67.

Application of general penal laws to municipal offenses, see §21-13-19.

Marshal or chief of police as constable within municipal boundaries, see §21-21-1.

Appointment of conservation officers, see §49-1-13.

Powers and duties of conservation officers to apprehend violators generally, see §49-1-44.

Authority to make arrest at any time or place, see §99-3-3.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws. 87 A.L.R.4th 981.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 15 et seq.

36A C.J.S., Fish §§ 42 et seq.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 15 et seq.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 5857 involving the question whether a fishing license must be obtained by a nonresident for the privilege of fishing in a privately owned artificial lake stocked by the owner. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

§ 49-5-45. Duties of district attorneys, county attorneys and circuit judges.

It shall be the duty of each district attorney in this state and county prosecuting attorney in each county to prosecute and defend, for the state, in all courts of the county or counties in his district or county, all causes, criminal or civil, arising under the provisions of this chapter, or any law or regulation for the protection of wild animals, birds or fish, in which the state may be a party or may be interested or concerned. Circuit judges shall give the grand juries, when organized, the provisions of the laws relating to wild animals, birds and fish strictly in charge and shall urge strict inquiry into all violations thereof.

HISTORY: Codes, 1942, § 5858; Laws, 1932, ch. 123.

Cross References —

Charging the grand jury, see §13-5-47.

Duties of county attorney, see §19-23-11.

Powers and duties of district attorney, see §25-31-11.

Setting fire to woods or fields, see §49-7-75.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 19.

36A C.J.S., Fish §§ 47 et seq.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 19.

§ 49-5-47. Corporations; how prosecuted.

In case of a violation of this chapter or any law or regulation for the protection of wild animals, birds, fish by a corporation the warrant of arrest may be read to and a true copy delivered to the president, secretary, or manager in this state, or to any general or local agent thereof in the county where the action is pending, and, upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fines imposed may be collected by the execution against the property of such corporation, but this section shall not be deemed to exempt any agent or employee from prosecution.

HISTORY: Codes, 1942, § 5859; Laws, 1932, ch. 123.

§ 49-5-49. Witnesses.

No person called upon to testify as a witness, by or under authority of any court, in any case brought under this chapter, or any law or regulation for the protection of wild animals, birds, or fish shall be excused or exempted from so testifying on the ground that the testimony sought might incriminate him or tend to incriminate him, whether he is called upon to give evidence or produce books, records and papers, but such person shall not thereafter be prosecuted for any offense concerning which he is so called upon to give such testimony or furnish such books, papers, or documents.

HISTORY: Codes, 1942, § 5861; Laws, 1932, ch. 123.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 55.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 19.

36A C.J.S., Fish § 49.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 19.

Lawyers’ Edition.

Adequacy, under Federal Constitution, of immunity granted in lieu of privilege against self-incrimination. 32 L. Ed. 2d 869.

§ 49-5-51. Disposition of fines.

All moneys collected as fines or penalties for violations of the provisions of this chapter, or any law or regulation for the protection of wild animals, birds, or fish shall be paid over by the court, justice court judge, or other office collecting or receiving the fines or penalties to the county having jurisdiction over the violations as provided by law.

HISTORY: Codes, 1930, § 3881; 1942, §§ 5837, 5863; Laws, 1924, ch. 323; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1958, ch. 177; Laws, 1974, ch. 569, § 17; Laws, 1982, ch. 365, § 7; Laws, 1994, ch. 372, § 1, eff from and after July 1, 1994.

Cross References —

Fisheries and wildlife fund, see §49-5-21.

Deposit of the difference in fee for lifetime and golden lifetime licenses into the wildlife endowment fund, see §49-7-153.

RESEARCH REFERENCES

ALR.

Adverse presumption or inference based on state’s failure to produce or examine informant in criminal prosecution-modern cases. 80 A.L.R.4th 547.

Powers and Duties of Commission on Wildlife, Fisheries and Parks

§ 49-5-61. Transfer of powers and duties of Wildlife Heritage Committee.

  1. The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Wildlife Heritage Committee and shall exercise the duties and authority granted to such committee pursuant to Sections 49-5-69 through 49-5-98, and pursuant to any other laws of the State of Mississippi.
  2. Wherever the term “Wildlife Heritage Committee” appears in the laws of the State of Mississippi, it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks, unless the context clearly means to refer to the former Wildlife Heritage Committee.

HISTORY: Laws, 1974, ch. 335, § 1; Laws, 1984, ch. 488, § 314; Laws, 2000, ch. 516, § 39, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Affect of a member of any board, commission, council or authority changing domicile, see §7-13-9.

Allocation from Gulf and Wildlife Protection Fund for management and protection of wildlife and wildlife habitats, see §29-7-3.

Authorization for Commission on Wildlife, Fisheries and Parks to acquire interests in real and personal property in furtherance of purposes of §§49-5-61 through49-5-85, see §49-5-71.

Administration by the Wildlife Heritage Committee of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

Surface mining and reclamation of land, see §§53-7-1 et seq.

Requirement that committee assist in designation of land as being unsuitable for surface mining, see §53-7-49.

JUDICIAL DECISIONS

1. In general.

Section57-1-3, which regulates the Board of Economic Development, §25-11-15, which regulates the Board of Trustees of the Public Employees’ Retirement System, §25-53-7, which regulates the Central Data Processing Authority [Mississippi Department of Information Technology Services], §25-9-109, which regulates the State Personnel Board, §43-13-107, which regulates the Medicaid Commission, §29-5-1, which regulates the Capitol Commission, §49-5-61, which regulates the Wild Life Heritage Committee, and §47-5-12 [Repealed], which regulates the Board of Corrections, are unconstitutional, insofar as they create executive boards and commissions with legislative members, in violation of Miss. Const. Art. 1, § 2, and, accordingly, named legislators could not constitutionally perform any of the executive functions of those boards and commissions; moreover, §§27-103-1,29-5-1,57-1-3,43-13-107,25-53-7,25-9-109, and49-5-61, are unconstitutional insofar as they mandate legislative appointments to executive offices. Alexander v. State, 441 So. 2d 1329, 1983 Miss. LEXIS 3007 (Miss. 1983).

§§ 49-5-63 through 49-5-67. Repealed.

Repealed by Laws of 1984, ch. 488, § 340, eff from and after July 1, 1984.

§49-5-63. [En Laws, 1974, ch. 335, § 2]

§49-5-65. [En Laws, 1974, ch. 335, § 2]

§49-5-67. [En Laws, 1974, ch. 335, § 2]

Editor’s Notes —

Former Section 49-5-63 provided for meetings and election of officers for the Wildlife Heritage Committee.

Former Section 49-5-65 provided for compensation for members of the Wildlife Heritage Committee.

Former Section 49-5-67 set out the requirements for a quorum for transaction of business by the Wildlife Heritage Committee.

§ 49-5-69. Contracts and agreements.

The commission is hereby authorized to make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the committee under Sections 49-5-61 through 49-5-85, including contracts with any firm, person, corporation, governmental agency or other entity and each and any Mississippi governmental agency is hereby authorized to enter into contracts and otherwise cooperate with the committee to facilitate the purpose of Sections 49-5-61 through 49-5-85.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 2000, ch. 516, § 40, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 341, ch. 488, Laws of 1984, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Section 49-5-86 provides that the words “committee” or “wildlife heritage committee” shall mean the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Administration of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29, 31, 40.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 6.

36A C.J.S., Fish §§ 24-27.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 6.

98 C.J.S., Woods and Forests § 15.

§ 49-5-71. Acquisition and disposition of real and personal property; easements and rights-of-way.

  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 Section27-7-22.22.
  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.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 1979, ch. 434, § 1; Laws, 1984, ch. 488, § 315; Laws, 1987, ch. 519; Laws, 1992, ch. 313, § 1; Laws, 1993, ch. 519, § 1; Laws, 1994, ch. 366, § 1; Laws, 1998, ch. 479, § 1; Laws, 2010, ch. 503, § 3, eff from and after Jan. 1, 2010.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 2010, ch. 503, § 6, effective January 1, 2010, provides:

“SECTION 6. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2010 amendment added the last sentence in (1).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Wildlife Heritage Fund and administration of acquired properties, see §49-5-77.

Application of this section to purchases of real estate from wildlife heritage fund, see §49-5-78.

Agreements to provide camping and other recreational facilities on lands acquired under this section, see §49-5-81.

Administration of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands §§ 33, 118-126.

CJS.

73B C.J.S., Public Lands § 20.

73B C.J.S., Public Lands §§ 303, 304.

98 C.J.S., Woods and Forests § 18.

§ 49-5-73. Employment of personnel.

The commission may employ fiscal consultants, engineers, attorneys, real estate counselors, appraisers and such other consultants and employees as may be required in the judgment of the commission and to fix and pay their compensation from funds available to the commission.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 2000, ch. 516, § 41, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-75. Rules and regulations.

The commission may make such rules and regulations, inaugurate such studies and surveys and establish such programs as it may deem necessary to carry out the provisions and purposes of Sections 49-5-61 through 49-5-85.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 2000, ch. 516, § 42, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Administration of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29, 31, 40.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

36A C.J.S., Fish §§ 24-27.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 6.

98 C.J.S., Woods and Forests § 10.

§ 49-5-76. Commission authorized to solicit and receive gifts on behalf of Mississippi Wildlife, Fisheries and Parks Foundation.

The Mississippi Commission on Wildlife, Fisheries and Parks may solicit and receive gifts, donations, contributions and other monies, including bequests and devises, on behalf of the Mississippi Wildlife, Fisheries and Parks Foundation and, upon receipt thereof, shall transfer and remit such gifts, donations, contributions and monies so received to the foundation for its use.

HISTORY: Laws, 2006, ch. 405, § 2, eff from and after passage (approved Mar. 15, 2006.).

Cross References —

Contribution to Mississippi Wildlife, Fisheries and Parks Foundation from state income tax refund, see §27-7-94.1.

§ 49-5-77. Wildlife Heritage Fund; gifts; administration of acquired property.

  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.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 1979, ch. 434, § 2; Laws, 1982, ch. 435, § 2; Laws, 1984, ch. 488, § 316; Laws, 1985, ch. 330; Laws, 1989, ch. 398, § 1; Laws, 2000, ch. 516, § 43; Laws, 2003, ch. 404, § 1, eff from and after passage (approved Mar. 14, 2003.).

Editor’s Notes —

Section 341, ch. 488, Laws of 1984, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Amendment Notes —

The 2003 amendment inserted “outdoor recreation” following “hunting or fishing use” in the first sentence of (2).

Cross References —

Provisions for designation of contribution to Wildlife Heritage Fund on income tax return, see §27-7-91.

Provisions for transfer to the Wildlife Heritage Fund of contributions designated on tax returns, and expenditure of such amounts, see §27-7-93.

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Additional hunting and fishing fee for wildlife heritage fund and administration of real estate purchased from fund, see §49-5-78.

Administration of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

RESEARCH REFERENCES

ALR.

Capacity to sue: standing of private citizen, association, or organization to maintain action in federal court for injunctive relief against commercial development or activities, or construction of highways, or other governmental projects, alleged to be harmful to environment in public parks, other similar recreational areas, or wildlife refuges. 11 A.L.R. Fed. 556.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29, 31, 40.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 6.

36A C.J.S., Fish §§ 24-27.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 6.

98 C.J.S., Woods and Forests §§ 9, 14.

§ 49-5-78. Additional hunting and fishing fee for Wildlife Heritage Fund; purchase of hunting and fishing areas.

Included in the hunting and fishing license fees authorized in Section 49-7-8, there shall be collected for each nonresident license and renewal thereof, except nonresident temporary fishing permits, a fee of Five Dollars ($5.00), which shall be paid into the Wildlife Heritage Fund established under the provisions of subsection (1) of Section 49-5-77. The funds generated from such additional fees shall be used from time to time by the commission to purchase, and take title in the name of the State of Mississippi, real estate to be used as hunting and/or fishing areas by the people of the State of Mississippi. In purchasing this real estate, the commission shall have all of the powers, and shall be subject to all of the restrictions prescribed in Sections 29-1-1 and 49-5-71. Transfer of title to any real estate purchased under this section shall be by warranty deed or deeds vesting title in fee simple, excepting mineral rights where necessary, in the name of the State of Mississippi. Any real estate purchased under this section shall be subject to the provisions of subsection (2) of Section 49-5-77 regarding the development of plans for and the management of real estate which is acquired by the department.

HISTORY: Laws, 1982, ch. 435, § 1; Laws, 1993, ch. 463, § 5; Laws, 1993, ch. 615, § 5; Laws, 2000, ch. 516, § 44, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Wildlife Heritage Fund and administration of acquired properties, see §49-5-77.

§ 49-5-79. Repealed.

Repealed by Laws of 1984, ch. 488, § 340, eff from and after July 1, 1984.

[En Laws, 1974, ch. 335, § 2]

Editor’s Notes —

Former §49-5-79 authorized the Wildlife Heritage Committee to utilize personnel of the Mississippi Game and Fish Commission.

§ 49-5-81. Camping and recreational facilities.

The commission may enter into agreements with the department for the purpose of providing camping and other recreational facilities on any such land acquired under Section 49-5-71.

HISTORY: Laws, 1974, ch. 335, § 2; Laws, 1979, ch. 434, § 3; Laws, 2000, ch. 516, § 45, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-83. Expenditures and audit of funds.

Monies expended from the Wildlife Heritage Fund shall be spent only after proper resolution entered upon its minutes by the commission and upon warrants signed by the chairman of the commission and countersigned by the executive director of the department. Such funds shall be audited at any time the Governor shall so direct or by the State Auditor on an annual basis.

HISTORY: Laws, 1974, ch. 335, § 3; Laws, 2000, ch. 516, § 46, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-85. Sections cumulative.

The provisions of Sections 49-5-61 to 49-5-85 are cumulative, and no existing provision of law is hereby repealed.

HISTORY: Laws, 1974, ch. 335, § 4, eff from and after passage (approved March 11, 1974).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-86. Definitions.

For purposes of Sections 49-5-86 through 49-5-98, the following words and terms shall have the meaning ascribed herein unless the context otherwise requires:

“General obligation bonds” means bonds of the State of Mississippi, to the repayment of which, both as to principal and interest, the full faith, credit and taxing power of the State of Mississippi are irrevocably pledged until the principal and interest are paid in full.

“Bond commission” means the State Bond Commission.

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

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

HISTORY: Laws, 1975, ch. 471, § 1; Laws, 1976, ch. 417, § 1; Laws, 1984, ch. 488, § 317; Laws, 2000, ch. 516, § 47, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-87. Commission to take title to certain lands in name of state.

  1. The commission shall have the power and is hereby authorized to purchase and take title in the name of the State of Mississippi, the following described land under the terms and conditions hereinafter provided, to wit:

    Land presently owned by the Pascagoula Hardwood Company totaling some thirty-one thousand nine hundred sixteen (31,916) acres, more or less, situated as follows:

    1. Seventeen thousand two hundred seventy-eight (17,278) acres, more or less, in George County, Mississippi; and
    2. Fourteen thousand six hundred twenty-eight (14,628) acres, more or less, in Jackson County, Mississippi.
  2. The purchase price of such land shall not exceed its fair market value of Sixteen Million Five Hundred Thousand Dollars ($16,500,000.00) as of December 1, 1975, as determined by three (3) appraisals made by appraisers selected by the commission.
  3. Transfer of title to such property shall be by warranty deed or deeds vesting title in fee simple, excepting mineral rights where necessary, in the name of the State of Mississippi.
  4. The commission is hereby authorized and empowered to exercise on the lands described in subsection (1) of this section the same rights, powers and privileges as authorized and empowered under the provisions of “The Nongame and Endangered Species Conservation Act,” being Sections 49-5-101 through 49-5-119.
  5. Individual leaseholders of the lands described in subsection (1) of this section, shall not be dispossessed of such lands prior to April 15, 1978, unless found to be in violation of the law and/or land management principles of Sections 49-5-101 through 49-5-119, or any other law, rule or regulation relating to the management of the lands.

HISTORY: Laws, 1975, ch. 471, § 2; Laws, 1976, ch. 417, § 2; Laws, 1977, ch. 472; Laws, 2000, ch. 516, § 48, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

Ability to lease lands acquired under this section, see §49-5-71.

Authorization for Commission on Wildlife, Fisheries and Parks to lease campsites on property acquired pursuant to this section, see §49-5-71.

Administration of procedures for the registration and dedication of natural areas within state, see §§49-5-141 et seq.

§ 49-5-88. Bond issuance authorized for purpose of acquiring aforementioned lands.

The commission shall have power and is hereby authorized, at one time or from time to time, to declare by resolution the necessity for issuance of negotiable general obligation bonds of the State of Mississippi to provide funds to be used exclusively and only for the purpose of acquiring all or any part of the land described in Section 49-5-87, but in no event shall the amount of bonds issued exceed a total of Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00).

The State Bond Commission shall not direct the issuance of bonds under the provisions of Sections 49-5-86 through 49-5-98 when appropriations by the Legislature and bonds issued, or requested to be issued, would exceed an aggregate total in excess of Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00).

HISTORY: Laws, 1975, ch. 471, § 3; Laws, 1976, ch. 417, § 3; Laws, 2000, ch. 516, § 49, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-89. Bonds; authority of state bond commission; payment; maturities and signatures.

Upon the adoption of a resolution by the commission declaring the necessity for issuance of any part or all of the general obligation bonds authorized by Sections 49-5-86 through 49-5-98 and set forth in Section 49-5-88, the commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of same, the State Bond Commission shall, in its discretion, act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. For the payment of said bonds and the interest thereon, the full faith, credit and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature shall find that there are funds available in the General Fund of the Treasury of the State of Mississippi in amounts sufficient to pay maturing principal and accruing interest of said general obligation bonds, and if the Legislature shall appropriate such available funds for the purpose of paying such maturing principal and accruing interest, then the maturing principal and accruing interest of said bonds shall be paid from appropriations made from the General Fund of the Treasury of the State of Mississippi by the Legislature thereof; but if there are not available sufficient funds in the General Fund of the Treasury of the State of Mississippi to pay the maturing principal and accruing interest of said bonds, or if such funds are available and the Legislature should fail to appropriate a sufficient amount thereof to pay such principal and accruing interest as the same becomes due, then and in that event there shall annually be levied upon all taxable property within the State of Mississippi an ad valorem tax at a rate sufficient to provide the funds required to pay the said bonds at maturity and the interest thereon as the same accrues.

Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission. Provided, however, that such bonds shall mature in annual installments beginning not more than two (2) years from date thereof and extending not more than twenty (20) years from date thereof. Such bonds shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in the office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.

HISTORY: Laws, 1975, ch. 471, § 4; Laws, 1976, ch. 417, § 4; Laws, 2000, ch. 516, § 50, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Negotiable instruments under the Uniform Commercial Code, see §§75-3-101 et seq.

§ 49-5-90. Bonds; negotiability; exemption from taxation.

All general obligation bonds of the State of Mississippi and interest coupons issued under the provisions of Sections 49-5-86 through 49-5-98 shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Laws, 1975, ch. 471, § 5; Laws, 1976, ch. 417, § 5, eff from and after passage (approved May 2, 1976).

Cross References —

Negotiable instruments under the Mississippi Uniform Commercial Code, see §§75-3-101 et seq.

§ 49-5-91. Bonds; sale; interest.

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.

HISTORY: Laws, 1975, ch. 471, § 6; Laws, 1976, ch. 417, § 6, eff from and after passage (approved May 2, 1976).

§ 49-5-92. Bonds; wildlife heritage committee land purchase fund.

Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to a special fund in the state treasury to be known as the “wildlife heritage committee land purchase fund.” The proceeds of such bonds shall be used solely for the payment of the cost of the land described in Section 49-5-87, which shall include costs incident to the issuance and sale of such bonds, and shall be disbursed solely upon the order of the committee under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

HISTORY: Laws, 1975, ch. 471, § 7; Laws, 1976, ch. 417, § 7, eff from and after passage (approved May 2, 1976).

Editor’s Notes —

Section 49-5-61 provides that wherever the term “Wildlife Heritage Committee” appears in the laws of the state of Mississippi it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Exercise, by the Mississippi Commission on Wildlife, Fisheries and Parks, of the duties and authority granted to the Wildlife Heritage Committee, see §49-5-61.

§ 49-5-93. Bonds; rights of bondholders.

Any holder of bonds issued under the provisions of Sections 49-5-86 through 49-5-98 or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted hereunder or under such resolution, and may enforce and compel performance of all duties required by Sections 49-5-86 through 49-5-98 to be performed, in order to provide for the payment of bonds and interest thereon.

HISTORY: Laws, 1975, ch. 471, § 8; Laws, 1976, ch. 417, § 8, eff from and after passage (approved May 2, 1976).

§ 49-5-94. Bonds; validation.

Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 49-5-86 through 49-5-98. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 49-5-86 through 49-5-98 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.

The bonds authorized under the authority of Sections 49-5-86 through 49-5-98 shall be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the secretary of the state bond commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.

HISTORY: Laws, 1975, ch. 471, § 9; Laws, 1976, ch. 417, § 9, eff from and after passage (approved May 2, 1976).

§ 49-5-95. Bonds; legal investments and securities.

All bonds issued under the provisions of Sections 49-5-86 through 49-5-98 shall be legal investments for trustees and other fiduciaries and for 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 this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Laws, 1975, ch. 471, § 10; Laws, 1976, ch. 417, § 10, eff from and after passage (approved May 2, 1976).

Cross References —

State depositories, see §§27-105-1 et seq.

Depositories for funds of local governments, see §§27-105-301 et seq.

Investments by domestic insurance companies, see §83-19-51.

Fiduciary investments, see §§91-13-1 et seq.

§ 49-5-96. Bonds; Sections 49-5-86 through 49-5-98 full and complete authority.

Sections 49-5-86 through 49-5-98 shall be deemed to be full and complete authority for the exercise of the powers herein granted, but said sections shall not be deemed to repeal or to be in derogation of any existing law of this state whereunder projects of the character herein defined may be constructed or financed.

HISTORY: Laws, 1975, ch. 471, § 11; Laws, 1976, ch. 417, § 11, eff from and after passage (approved May 2, 1976).

§ 49-5-97. Bonds; withdrawals from land purchase fund; report of expenditures.

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

All expenditures ordered by the commission shall be entered upon its minutes, and the commission shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.

HISTORY: Laws, 1975, ch. 471, § 12; Laws, 1976, ch. 417, § 12; Laws, 2000, ch. 516, § 51, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-5-86 provides that the words “committee” or “wildlife heritage committee” shall mean the Mississippi Commission on Wildlife, Fisheries and Parks.

§ 49-5-98. Bonds; duty of attorney general; costs.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the commission in issuing, selling and validating bonds herein provided for, and the commission may expend any sum not exceeding Fifteen Thousand Dollars ($15,000.00) from the proceeds derived from the sale of the bonds authorized hereunder to pay the cost of attorney’s fees, validating, printing, and cost of delivery of bonds authorized under Sections 49-5-86 through 49-5-98.

HISTORY: Laws, 1975, ch. 471, § 13; Laws, 1976, ch. 417, § 13; Laws, 2000, ch. 516, § 52; Laws, 2012, ch. 546, § 21, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment added the exception at the beginning.

§ 49-5-99. Open access to and use of land managed by commission for recreational hunting; certain limitations; report of acreage managed by commission.

  1. Subject to existing rights, lands managed by the Commission on Wildlife, Fisheries and Parks shall be open to access and use for recreational hunting except as limited by the commission for reasons of public safety, homeland security, or as otherwise limited by law.
  2. The commission shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting opportunities to the extent authorized by law.
  3. The commission is not required to give preference to hunting over other uses or priorities established by state law.
  4. To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of any acreage available for hunting opportunities that exists on July 1, 2006.
  5. Before January 1 of each year, the commission shall submit to the chairmen of the respective wildlife committees in each house a written report containing:
    1. The acreage managed by the commission that has been closed to recreational hunting during the previous year and the reasons for the closures; and
    2. The acreage managed by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year.

HISTORY: Laws, 2006, ch. 549, § 1, eff from and after July 1, 2006.

Nongame and Endangered Species Conservation

§ 49-5-101. Title.

Sections 49-5-101 through 49-5-119 shall be known and may be cited as “The Nongame and Endangered Species Conservation Act.”

HISTORY: Laws, 1974, ch. 512, § 2, eff from and after July 1, 1974.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

Law Reviews.

Ogletree, A primer concerning industrial timber litigation with emphasis upon Mississippi law. 59 Miss. L. J. 387, Fall 1989.

§ 49-5-103. Legislative findings and declaration.

The Legislature finds and declares all of the following:

That it is the policy of the Mississippi Department of Wildlife, Fisheries and Parks to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as members of ecosystems;

That species or subspecies of wildlife indigenous to this state which may be found to be endangered within the state should be accorded protection in order to maintain and to the extent possible enhance their numbers;

That the state should assist in the protection of species or subspecies of wildlife which are deemed to be endangered by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species or subspecies of wildlife listed on the United States’ Lists of Endangered Fish and Wildlife as set forth herein unless such actions will assist in preserving or propagating the species or subspecies; and

That funding may be made available to the department annually by appropriations from the General Fund or from other sources separate and apart from the Fisheries and Wildlife Fund for management of nongame and endangered species.

HISTORY: Laws, 1974, ch. 512, § 1; Laws, 1982, ch. 365, § 9; Laws, 2000, ch. 516, § 53, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Fisheries and wildlife fund, see §49-5-21.

Federal Aspects—

United States’ List of Endangered Native Fish and Wildlife, see Part 17 of Title 50 of the Code of Federal Regulations, Appendix D.

United States’ List of Endangered Foreign Fish and Wildlife, see Part 17 of Title 50 of the Code of Federal Regulations, Appendix A.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

§ 49-5-105. Definitions.

The words and phrases when used in Sections 49-5-101 through 49-5-119 shall, for the purposes of such sections, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

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

“Director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

“Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

“Endangered species” means any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so, due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or man-made factors affecting its prospects of survival or recruitment within the state, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish and wildlife appearing on the United States’ List of Endangered Native Fish and Wildlife as it appears on July 1, 1974, (Part 17 of Title 50 of the Code of Federal Regulations, Appendix D) as well as any species or subspecies of fish and wildlife appearing on the United States’ List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), as such list may be modified hereafter.

“Management” means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also, included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.

“Nongame species” means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean or other wild animal not otherwise legally classified by statute or regulation of this state.

“Optimum carrying capacity” means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

“Person” means any individual, firm, corporation, association or partnership.

“Take” means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.

“Wildlife” means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.

HISTORY: Laws, 1974, ch. 512, § 3; Laws, 2000, ch. 516, § 54, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-107. Designation and protection of nongame wildlife in need of management.

The commission shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the commission shall issue proposed regulations and develop management programs, designed to insure the continued ability of nongame wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife which the commission deems in need of management pursuant to this section, giving their common and scientific names by species and subspecies. The commission shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting species or subspecies of nongame wildlife.

The commission shall by such regulations establish proposed limitations relating to taking, possession, transportation, exportation, processing, purchasing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife. Such regulation shall become effective sixty (60) days after being proposed during which period public comment shall be solicited and received. The commission may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing the commission may make such changes in the proposed regulation as are consistent with effective management of nongame wildlife.

Except as provided in regulations issued by the commission, it shall be unlawful for any person to take, possess, transport, export, process, purchase, sell or offer for sale or ship nongame wildlife deemed by the commission to be in need of management pursuant to this section. Subject to the same exception, it shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife deemed by the commission to be in need of management pursuant to this section.

HISTORY: Laws, 1974, ch. 512, § 4; Laws, 2006, ch. 479, § 1, eff from and after passage (approved Mar. 27, 2006.).

Amendment Notes —

The 2006 amendment, in (a), deleted “not later than one (1) year from July 1, 1974” following “proposed regulations” in the second sentence, and made a minor stylistic change; inserted “purchasing” following “processing” in the first sentence of (b); and in the first sentence of (c), substituted “process” for “possess” following “export” and inserted “purchase.”

Cross References —

Violations of provisions of subsection (c) of this section or regulations issued under this section are Class I violations punishable as provided in §49-7-141, see §49-5-115.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

Construction and application of Marine Mammal Protection Act of 1972 (16 USCS §§ 1361 et seq.) and administrative regulations promulgated thereunder. 43 A.L.R. Fed. 599.

§ 49-5-109. Designation and protection of endangered species.

On the basis of investigations on nongame wildlife provided for in Section 49-5-107 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than one (1) year after July 1, 1974 the commission shall by regulation propose a list of those species and subspecies of wildlife indigenous to the state which are determined to be endangered within this state, giving their common and scientific names by species and subspecies. Such regulation shall become effective sixty (60) days after being proposed during which period public comment shall be solicited and received. The commission may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing, the commission may add to such proposed list additional species or subspecies which are determined to be endangered within the state or delete therefrom such species or subspecies which are determined not to be endangered within the state.

The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter and may amend the list by such additions or deletions as are deemed appropriate. The commission shall submit to the Governor a summary report of the data used in support of all amendments to the state list during the preceding biennium.

Except as otherwise provided in Sections 49-5-101 through 49-5-119, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship, and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on any of the following lists: (1) the list of wildlife indigenous to the state determined to be endangered within the state pursuant to subsection (a); (2) the United States’ List of Endangered Native Fish and Wildlife as it appears on July 1, 1974 (Part 17 of Title 50, Code of Federal Regulations, Appendix D); and (3) the United States’ List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50, Code of Federal Regulations, Appendix A), as such list may be modified hereafter; provided, that any species or subspecies of wildlife appearing on any of the foregoing lists which enters the state from another state or from a point outside the territorial limits of the United States and which is transported across the state destined for a point beyond the state may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

In the event the United States’ List of Endangered Native Fish and Wildlife is modified subsequent to July 1, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding under subsection (c) if, after the type of scientific determination described in subsection (a), the commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.

HISTORY: Laws, 1974, ch. 512, § 5, eff from and after July 1, 1974.

Cross References —

Violations of provisions of subsection (c) of this section or regulations issued under this section are Class I violations punishable as provided in §49-7-141, see §49-5-115.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

§ 49-5-111. Programs; permission to remove, capture or destroy endangered species.

The commission shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The commission shall utilize all authority vested in the commission to carry out the purpose of this section.

In carrying out programs authorized by this section, the commission may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife.

The Governor shall review other programs administered by him and, to the extent practicable, utilize such programs in furtherance of the purposes of this section. The Governor shall also encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.

The commission may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife which appear on the state list of endangered species, 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, or on the United States’ List of Endangered Foreign Fish and Wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.

Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured or destroyed but only pursuant to permit issued by the commission and, where possible, by or under the supervision of an agent of the commission; provided, that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the commission pursuant to subsection (a) of Section 49-5-107.

HISTORY: Laws, 1974, ch. 512, § 6, eff from and after July 1, 1974.

Cross References —

Failure to procure, or violation of terms of, a permit issued under subsections (d) and (e) of this section is a Class I violation punishable as provided in §49-7-141, see §49-5-115.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-5-113. Regulations.

The commission shall issue such regulations as are necessary to carry out the purposes of Sections 49-5-101 through 49-5-119.

HISTORY: Laws, 1974, ch. 512, § 7, eff from and after July 1, 1974.

§ 49-5-115. Enforcement; penalties.

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

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

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

Equipment, merchandise, wildlife, or records seized under subsection (c) of this section shall be held by an officer or agent of the commission pending disposition of court proceedings, and may be forfeited to the state for destruction or disposition as the commission may deem appropriate. Prior to forfeiture, the commission may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs thereof to be assessable to the defendant. The commission is authorized to issue regulations to implement this subsection.

HISTORY: Laws, 1974, ch. 512, § 8; Laws, 1998, ch. 370, § 1; Laws, 2002, ch. 514, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “is guilty of a Class I violation and is punishable as provided under Section 49-7-141” for “shall be fined One Thousand Dollars ($1,000.00) or be imprisoned not more than one (1) year, or both” at the end of (b).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

ALR.

Forfeiture of property for unlawful use in violation of game laws, before trial of individual offender. 3 A.L.R.2d 738.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation. 81 A.L.R.2d 1093.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself. 44 A.L.R.3d 1008.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 15 et seq.

§ 49-5-117. Construction.

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.

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.

HISTORY: Laws, 1974, ch. 512, § 9, eff from and after July 1, 1974.

Federal Aspects—

United States’ List of Endangered Native Fish and Wildlife, see Part 17 of Title 50 of the Code of Federal Regulations, Appendix D.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-5-119. Funding of programs.

The cost of programs established under Sections 49-5-101 through 49-5-119 shall be borne by any funds or property donated or granted for such purposes by any firm, person, corporation or agency of the U.S. Government and/or from such funds as may be appropriated from time to time by the Legislature; provided, further, that such funds as may be donated or granted by any firm, person, corporation or agency of the U.S. Government shall be placed in a separate fund to be known as “the endangered species protection fund” and such funds may be spent by the commission in its discretion as they become available in carrying out the provisions of Sections 49-5-101 through 49-5-119.

Provided, further, the commission may in its discretion have printed, issue and sell singly or in blocks of five annual editions of not more than five thousand (5,000) endangered species stamps for sale and voluntary purchase as a contribution at Five Dollars ($5.00) each; and funds so derived, less printing costs, shall be deposited in the endangered species fund.

HISTORY: Laws, 1974, ch. 512, § 10, eff from and after July 1, 1974.

Mississippi Natural Heritage

§ 49-5-141. Short title.

Sections 49-5-141 through 49-5-157 shall be known and may be cited as the “Mississippi Natural Heritage Law of 1978.”

HISTORY: Laws, 1978, ch. 415, § 1, eff from and after passage (approved March 23, 1978).

Cross References —

Provision that contributions to the Wildlife Heritage Fund which have been made by designation on tax returns must be expended to implement the Mississippi Natural Heritage Law of 1978 (§§49-5-141 through49-5-157), see §27-7-93.

§ 49-5-143. Legislative findings and declaration.

  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.

HISTORY: Laws, 1978, ch. 415, § 2, eff from and after passage (approved March 23, 1978).

§ 49-5-145. Purpose.

  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.

HISTORY: Laws, 1978, ch. 415, § 3; Laws, 1984, ch. 488, § 318; Laws, 2000, ch. 516, § 55, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

§ 49-5-147. Definitions.

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:

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

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

“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.

“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.

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

“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.

“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.

HISTORY: Laws, 1978, ch. 415, § 4; Laws, 1984, ch. 488, § 319; Laws, 2000, ch. 516, § 56, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Effect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

§ 49-5-149. Powers and duties of commission.

The commission shall have the following powers and duties:

To utilize inventory data compiled by the Mississippi Wildlife Heritage Program concerning the natural areas of the state;

To accept on behalf of the people of Mississippi any right, title or interest to any natural area;

To establish and maintain a register of natural areas;

To select natural areas for placement on the register of natural areas or for dedication as a natural area preserve, or both;

To provide for the management of natural area preserves by designating an appropriate agency to manage the preserve in accordance with the provisions set forth in the articles of dedication which establish the natural area as a natural area preserve;

To cooperate with any agency of the United States, the State of Mississippi and any other state, any political subdivision of this state and with private persons or organizations to implement the provisions of Sections 49-5-141 through 49-5-157;

To discharge any other duty or action necessary to implement the provisions of Sections 49-5-141 through 49-5-157.

HISTORY: Laws, 1978, ch. 415, § 5; Laws, 2000, ch. 516, § 57, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-151. Register of natural areas.

The commission shall publish and revise at least annually a register of natural areas using the inventory of natural areas compiled by the Mississippi Wildlife Heritage Program.

HISTORY: Laws, 1978, ch. 415, § 6; Laws, 2000, ch. 516, § 58, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-153. Registration of natural areas.

  1. The owner of any natural area on the registry may, if the commission so agrees, register the natural area by executing a voluntary agreement with the commission for the owner to manage and protect the natural area according to the rules and regulations promulgated by the commission and to give the commission first option to purchase the natural area. If the owner agrees to register the area, he shall be given a certificate of registration and shall be committed to manage the area according to the terms of the agreement with the commission. The agreement may be terminated by either party after thirty (30) days written notice. The owner, upon termination, shall surrender the certificate; provided, however, the first option to purchase shall remain with the commission unless the commission shall relinquish the option in writing.
  2. Any property acquired by the commission or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be registered according to this section.

HISTORY: Laws, 1978, ch. 415, § 7; Laws, 2000, ch. 516, § 59, eff from and after passage (approved Apr. 30, 2000.).

§ 49-5-155. Dedication of natural areas to commission; exemption from ad valorem taxation.

  1. The owner of any natural area may dedicate that area as a natural area preserve by executing with the commission articles of dedication. The articles shall transfer such portion of the owner’s estate as agreed upon by the owner and the commission to the commission for the people of Mississippi.
  2. The commission may acquire articles of dedication for consideration or by donation, devise or bequest. The articles of dedication shall be recorded in the office of the chancery clerk of the county in which any or all of the natural area is located before the area shall become a natural area preserve.
  3. The commission may dedicate any property owned by the commission as natural area preserve by filing and recording articles of dedication in the office of the chancery clerk of the county in which any or all of the area is located.
  4. The articles of dedication shall contain:
    1. Provisions for the management, custody and use of the natural area preserve;
    2. Provisions which define the rights and privileges of the owner and the commission or the managing agency, including any rights of the owner related to his eligibility for an income tax credit authorized under Section27-7-22.22; and
    3. Such other provisions as the owner or commission shall deem necessary to discharge the provisions of Sections 49-5-141 through 49-5-157 or to complete the transfer.
  5. The commission shall agree to no articles of dedication which do not provide for the protection, preservation and management of the natural area in a manner consistent with the intent and purposes of Sections 49-5-141 through 49-5-157.
  6. Any interest in real property owned by the commission in a natural area preserve shall be exempt from all ad valorem taxation levied by the State of Mississippi or any county or municipality or other political subdivision of this state. Any person who shall convey any interest in real property to the commission for the purposes set forth in Sections 49-5-141 through 49-5-157 shall be entitled to have the assessment of such property reduced by the amount of the value of the interest conveyed to the commission. The authorities responsible for determining and making the assessment shall also determine the value of the interest conveyed to the commission. This reduction in the assessment of such property shall terminate when the interest conveyed to the commission terminates.
  7. The commission shall be the agency of the State of Mississippi primarily responsible for acquisition of natural area preserves, but no provision of Sections 49-5-141 through 49-5-157 shall be construed to limit the commission’s authority to acquire other property. Any property acquired by the commission or any other agency of the state or political subdivision thereof pursuant to any other authority in law may be dedicated according to this section.
  8. No provisions of Sections 49-5-141 through 49-5-157 shall be construed to limit the authority of any other agency to acquire and dedicate natural areas according to the provisions of Sections 49-5-141 through 49-5-157.

HISTORY: Laws, 1978, ch. 415, § 8; Laws, 2000, ch. 516, § 60; Laws, 2010, ch. 503, § 4, eff from and after Jan. 1, 2010.

Editor’s Notes —

Laws of 2010, ch. 503, § 6, effective January 1, 2010, provides:

“SECTION 6. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2010 amendment, in (4)(b), substituted “commission” for “committee” and added “including any rights of the owner related to his eligibility for an income tax credit authorized under Section 27-7-22.22.”

RESEARCH REFERENCES

Am. Jur.

7 Am. Jur. Legal Forms 2d, Dedication §§ 86:11 et seq. (instruments of dedication).

§ 49-5-157. Management, protection and inspection of natural area preserves.

  1. A natural area preserve is held in trust by the State of Mississippi for present and future generations and shall be managed and protected according to the rules and regulations set forth by the commission. A natural area preserve is hereby declared to be at the highest, best and most important use for the public.
  2. The commission shall inspect or provide for the inspection of at least annually, each natural area preserve to insure that the terms of the articles of dedication are being respected.

HISTORY: Laws, 1978, ch. 415, § 9; Laws, 2000, ch. 516, § 61, eff from and after passage (approved Apr. 30, 2000.).

Chapter 6. Motor Vehicle and Boat Replacement Program

§ 49-6-1. Definitions.

For the purposes of this chapter, the following words are defined as follows:

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

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

“Executive director” means the chief officer of the department.

“Motor vehicle” means passenger automobiles, trucks, heavy trucks, tractors, graders, other heavy motor-driven equipment, and all-terrain vehicles.

HISTORY: Laws, 1977, ch. 465, § 1; Laws, 1978, ch. 465, § 15; Laws, 1994, ch. 453, § 1, eff from and after passage (approved March 21, 1994).

Editor’s Notes —

The substance of this chapter was originally enacted by Laws of 1964, ch. 226, and was designated as a Local Law and not codified, Subsequently, Laws of 1977, ch. 465, amended Laws of 1964, ch. 226, adding a provision directing the Attorney General of the State of Mississippi to ensure that the provisions of Laws of 1977, ch. 465, were codified and placed into the Mississippi Code of 1972.

§ 49-6-3. Wildlife Fisheries and Parks Motor Vehicle Fund; creation; funding; administration.

  1. There is created in the State Treasury a special fund to be known as the “Wildlife, Fisheries and Parks Motor Vehicle Fund.” All funds derived from the sale of used motor vehicles, funds transferred from the “Game and Fish Protection Fund” and any other funds which may be needed for the purchase of motor vehicles, boats and outboard motors shall be deposited into this special fund. Other funds as needed may be transferred by the commission from the department’s regular support appropriation. The commission may transfer funds from the motor vehicle fund to the game and fish protection fund as needed for the operation of the department. The motor vehicle fund is a special trust fund and the interest earned thereon shall be credited to the fund.
  2. The commission shall adopt regulations for the administration of the fund. The executive director shall administer the fund and expenditures may be made from the fund upon requisition by the executive director. The department shall spend monies in the fund by an annual appropriation approved by the Legislature.

HISTORY: Laws, 1977, ch. 465, § 1; Laws, 1994, ch. 453, § 2; Laws, 2004, ch. 595, § 25, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment made minor stylistic changes in (1).

§ 49-6-5. Motor vehicle replacement program; standards.

The department shall establish and implement a motor vehicle replacement program to ensure the efficient and effective operation of the department. The program shall include replacement standards based on the type, operational environment and use of each motor vehicle and any other factors necessary for cost-effective determination of replacement needs.

HISTORY: Laws, 1977, ch. 465, § 1; Laws, 1994, ch. 453, § 3, eff from and after passage (approved March 21, 1994).

§§ 49-6-7 and 49-6-9. Repealed.

Repealed by Laws of 1994, ch. 453, §§ 4, 5 eff from and after passage (approved March 21, 1994).

[Laws, 1977, ch. 465, § 1]

Editor’s Notes —

Former §49-6-7 was entitled: Purchase of new vehicles, boats, motors and communication equipment; disposal of old equipment; multiple awards for purchase.

Former §49-6-9 was entitled: Limits on expenditures from fund.

Chapter 7. Hunting and Fishing

In General

§ 49-7-1. Definitions and interpretations.

For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats.

The following wild animals are classed as nuisance animals: wild hogs, nutria, beaver, fox, skunks and coyote.

All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) – including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) – including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) – including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including – white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).

The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) – gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) – channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family – spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) – American eel (Anguilla rostrata); in the Bowfin family (Amiidae) – bowfin (Amia calva); in the Paddlefish family (Polyodontidae) – paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) – common carp (Cyprinus carpio); in the Sucker family (Catostomidae) – river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) – freshwater drum (Aplodinotus grunniens).

All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish.

All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish.

The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves.

All other species of wild resident or migratory birds are classed as nongame birds.

Closed season: the time during which birds, animals or fish may not be taken.

Open season: the time during which birds, animals or fish may be lawfully taken.

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

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

“Executive director” means the Executive Director of the Department of Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 5867; Laws, 1932, ch. 123; Laws, 1938, ch. 364; Laws, 1946, ch. 423, § 5; Laws, 1948, ch. 251, § 1; Laws, 1962, ch. 188, § 1; Laws, 1981, ch. 475, § 1; Laws, 1991, ch. 529, § 3; Laws, 1997, ch. 451, § 1; Laws, 2001, ch. 498, § 1; Laws, 2005, ch. 373, § 1; Laws, 2006, ch. 522, § 1; Laws, 2007, ch. 499, § 1, eff from and after passage (approved Mar. 27, 2007.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section’s paragraph designations. The section was enacted with two paragraphs designated (d). The second paragraph designated (d) was changed to (e) and the remaining paragraphs were redesignated accordingly. The Joint Committee ratified the correction at its July 13, 2011, meeting.

Amendment Notes —

The 2001 amendment clarified the classification of catfish; clarified shad as a nongame gross fish; and made technical corrections to scientific nomenclature.

The 2005 amendment deleted “nutria” following “raccoons” in (b).

The 2006 amendment deleted “all others shall be deemed predatory animals” from the end of (b); added (c); redesignated former (c) through (i) as present (d) through (j); rewrote (e); and substituted “fish” for “fishes” throughout the section.

The 2007 amendment deleted “skunks” following “otters” in (b); and in (c), inserted “fox, skunks” and deleted “all others shall be deemed predatory animals” from the end.

Cross References —

Direction that portion of all game and fish license fees collected each month be deposited into the Game and Fish Commission Motor Vehicle and Boat Fund, see §49-6-3.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 49-7-1(b), by implication, designates coyote as “predator”. 1993 Miss. Op. Att'y Gen. 92.

The Legislature plainly has the power to declare species of fish to have the status of gamefish, and prohibit its taking for commercial purposes. 1996 Miss. Op. Att'y Gen. 143.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

§ 49-7-1.1. Declaration of public policy.

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

HISTORY: Laws, 2007, ch. 520, § 2, eff from and after passage (approved Apr. 10, 2007.).

Editor’s Notes —

Laws of 2007, ch. 520, § 1 provides as follows:

“SECTION 1. The Legislature finds that hunting, trapping and fishing are time-honored traditions in the State of Mississippi. From the time prior to statehood, many have enjoyed the bounty of Mississippi’s natural resources whether hunting, trapping or fishing the forests and streams of Mississippi for subsistence or recreation. Indeed, hunting, trapping and fishing activity is a vital part of this state’s effort to conserve, manage and protect its abundant populations of wild animals, birds and fish. To that end, the Legislature adopts the following as the public policy of the State of Mississippi.”

§ 49-7-2. “Social Security Administration” construed to include Railroad Retirement Board.

The term “Social Security Administration,” wherever used in Title 49, Chapter 7, Mississippi Code of 1972, shall also be construed to include the Railroad Retirement Board.

HISTORY: Laws, 1987, ch. 354, eff from and after July 1, 1987.

§ 49-7-3. Issuance of resident hunting or fishing licenses; possession of license.

  1. Any resident of the State of Mississippi shall be entitled to receive a resident fishing license.
  2. Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5. The domicile of a person is that person’s principal or primary home or place of abode. A “principal or primary home or place of abode” is that home or place in which a person’s habitation is fixed and to which he, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile shall be on the person claiming such status. The following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: driver’s license, residence for income or other tax purposes, homestead exemption receipt, or any other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor’s domicile.
  3. A nondomiciliary of the state may be issued a resident hunting or fishing license or combination resident hunting/fishing license upon providing the following:
    1. A current identification card from a Mississippi college or university; or
    2. A current military identification card showing that the person is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and proof that the person is stationed on a military base in Mississippi.
  4. A nondomiciliary of the state may be issued a special Armed Forces fourteen-day hunting and fishing license with the same hunting and fishing privileges and at the same fee of a resident sportsman’s license, if the nondomiciliary is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and his application is approved by the department. The applicant must file his application for the special fourteen-day license in the office of the department. The department shall establish requirements for proof of active military status and any other requirements it deems desirable. The department shall not issue more than two (2) special fourteen-day licenses to the same applicant per license year.
  5. A holder of a resident or nonresident license is required to carry the license on his person while engaged in hunting, trapping or fishing. Any penalty for not carrying a license while engaged in hunting, trapping or fishing shall be waived if the person can verify purchase of a license prior to the date of the violation.
  6. Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

HISTORY: Codes, 1942, § 5870; Laws, 1932, ch. 123; Laws, 1942, ch. 250; Laws, 1950, ch. 218, §§ 1, 2; Laws, 1958, ch. 178; Laws, 1962, ch. 189, § 1; Laws, 1970, ch. 285, §§ 1, 2; Laws, 1971, ch. 371, § 1; Laws, 1989, ch. 416, § 1; Laws, 1991, ch. 563, § 1; Laws, 1994, ch. 408, § 3; Laws, 1995, ch. 580, § 1; Laws, 1997, ch. 588, § 18; Laws, 1999, ch. 397, § 1; Laws, 2004, ch. 587, § 1, eff from and after July 1, 2004.

Editor’s Notes —

Laws of 1997, ch. 588, § 150, provides as follows:

“SECTION 150. Any person or entity shall be absolutely immune from any liability arising from compliance with the dictates of this act unless such conduct by the person or entity is willful and intentional.”

Amendment Notes —

The 2004 amendment added (4), and redesignated the remaining subsections accordingly; inserted “United States” in (3)(b); and deleted “Mississippi Code of 1972” at the end of (6).

Cross References —

Hunting on bird and animal preserves, see §49-5-5.

Satisfactory completion of hunter education course as prerequisite to procurement of hunting license, see §49-7-20.

Lifetime sportsman license, see §§49-7-151 et seq.

Any resident between the ages of sixteen (16) and sixty-five (65) years, as defined in this section, fishing in the marine waters of the state, shall obtain a saltwater sports fishing license, see §49-15-313.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-4. Exemption of records relating to hunting, fishing and trapping license applications and holders of such licenses from Mississippi Public Records Act.

The records of the Department of Wildlife, Fisheries and Parks relating to applications for and sales of any resident or nonresident licenses issued under this chapter, and all records related to holders of such licenses, are exempt from the provisions of the Mississippi Public Records Act of 1983, in accordance with Section 25-61-11, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records. However, upon request, the records specified in this section shall be available to all law enforcement agencies.

HISTORY: Laws, 2016, ch. 428, § 1, eff from and after July 1, 2016.

Cross References —

Mississippi Public Records Act, see §25-61-1 et seq.

§ 49-7-5. Fees for resident hunting, fishing, and combination hunting and fishing licenses; exemptions.

    1. Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Twenty-five Dollars ($25.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.
    2. Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Ten Dollars ($10.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.
    3. Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman’s license for the sum of Forty-five Dollars ($45.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Forty-five Dollars ($45.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission’s records, and the licensee must apply to be placed on the renewal list.
    4. In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman’s licensee or resident lifetime sportsman’s licensee may hunt during the fall turkey season without purchasing a permit.
    5. The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. 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.
    1. 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 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 to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled 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.
    2. 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. The resident shall have in his possession and on his person any proof as may be required by the commission.
    3. All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.
    4. The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.
    5. The requirement for purchasing and/or having a hunting or fishing license authorized in subsection (1) of this section 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.
  1. No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.
  2. Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.
  3. Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.

HISTORY: Codes, 1942, §§ 5871, 5876; Laws, 1932, ch. 123; Laws, 1942, ch. 250; Laws, 1944, ch. 237, § 1; Laws, 1954, ch. 172; Laws, 1956, ch. 150; Laws, 1958, ch. 174; Laws, 1962, ch. 189, § 2; Laws, 1966, ch. 263, § 1; Laws, 1971, ch. 372, § 1; Laws, 1973, ch. 358, § 1; Laws, 1978, ch. 343, § 1; Laws, 1978, ch. 465, § 2; Laws, 1988, ch. 435, § 2; Laws, 1993, ch. 463, § 1; Laws, 2002, ch. 547, § 1; Laws, 2004, ch. 342, § 1; Laws, 2006, ch. 486, § 2; Laws, 2007, ch. 477, § 1; Laws, 2013, ch. 501, § 1; Laws, 2016, ch. 418, § 1; Laws, 2017, ch. 426, § 1, eff from and after July 1, 2017.

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Amendment Notes —

The 2002 amendment added (2)(c).

The 2004 amendment added (1)(e).

The 2006 amendment added (1)(f).

The 2007 amendment, in (2), added (b) and redesignated former (b) and (c) as present (c) and (d).

The 2013 amendment substituted “Eight Dollars ($8.00)” for “Thirteen Dollars ($13.00)” in (1)(b); deleted former (1)(c), which read: “Any resident of the State of Mississippi, as defined in Section 49-7-3, upon application, shall receive a resident small game license, and for it shall pay the issuing officer or agent the sum of Thirteen Dollars ($13.00), together with the fee provided in Section 49-7-17 to the officer or agent issuing such license. Such hunting license shall qualify the person holding the same to hunt under the provisions of this chapter, and in season, all game and fowl, except deer and turkey, in any county in the state” and renumbered the remaining subdivisions accordingly; substituted “any” for “such” in the last sentence in (2)(b); and made minor stylistic changes throughout.

The 2016 amendment, in the version of the section effective from and after the increase of nonresident license fees by the Commission on Wildlife, Fisheries and Parks, substituted “Twenty-five Dollars ($25.00)” for “Seventeen Dollars ($17.00)” in (1)(a), “Ten Dollars ($10.00)” for “Eight Dollars ($8.00)” in (1)(b), and “Forty-five Dollars ($45.00)” for “Thirty-two Dollars ($32.00)” both times it appears in (1)(c).

The 2017 amendment deleted the version of the section effective until the Mississippi Commission on Wildlife, Fisheries and Parks increases the fee for nonresident licenses in accordance with the authority provided in Section 49-7-8; and added (2)(e).

Cross References —

Issuance to certain handicapped persons of special license to hunt deer and small game with a crossbow, see §49-7-38.

OPINIONS OF THE ATTORNEY GENERAL

As to hunting license requirements, Miss. Code Section 49-7-5(3) states that no license shall be required of person to hunt, fish or trap on lands in which record title is vested; therefore, landowner may take coyote on his own land even if his hunting license has been suspended; this licensing requirement exception would apply only to the titled landowner, and would not exempt designated agent from necessity of having valid hunting license. 1993 Miss. Op. Att'y Gen. 92.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

36A C.J.S., Fish § 28.

38 C.J.S., Game §§ 13, 14.

JUDICIAL DECISIONS

1. In general.

This exemption from license requirement applies only to the owner of the lake, and does not extend to persons who pay him for the privilege of fishing in it. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

§§ 49-7-6 and 49-7-7. Repealed.

Repealed by Laws of 1989, ch. 377, § 8, eff from and after July 1, 1989.

§49-7-6. [En Laws, 1978, ch. 465, § 6; Laws, 1982, ch. 435, § 3; Laws, 1988, ch. 435, § 3]

§49-7-7. [Codes, 1942, § 5872; Laws, 1932, ch. 123; Laws, 1938, ch. 178; Laws, 1948, ch. 255, § 5; Laws, 1948, ch. 255, § 8; Laws, 1954, ch. 168, §§ 1, 2; Laws, 1966, ch. 264, § 1; Laws, 1968, ch. 258, § 1; Am Laws, 1974, ch. 452; Laws, 1978, ch. 465, § 3; Laws, 1982, ch. 435, § 4; Laws, 1988, ch. 435, § 4]

Editor’s Notes —

Former §49-7-6 provided for a fee for a combination nonresident hunting and fishing license.

Former §49-7-7 provided a fee for nonresident hunting licenses.

§ 49-7-7. Use of revenue from increase in license fees.

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.

HISTORY: Laws, 2016, ch. 418, § 3, eff from and after July 1, 2016.

Editor’s Notes —

Chapter 418, Laws of 2016, enacted this section and amended Sections 49-7-5 and 49-7-9.

§ 49-7-8. Hunting, fishing or trapping license for nonresident; fees; violations.

  1. No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.
  2. The commission shall have the following duties and powers:
    1. To prescribe the forms and types of nonresident licenses that a nonresident must obtain;
    2. To determine the total number of each type of nonresident license to be issued annually;
    3. To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);
    4. To exercise all incidental powers necessary to develop a nonresident licensing program.
  3. A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).

HISTORY: Laws, 1989, ch. 377, § 1; Laws, 1994, ch. 345, § 1, eff from and after July 1, 1994.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former §49-7-11.

1.-5. [Reserved for future use.]

6. Under former § 49-7-11.

No deprivation of property without due process is worked by requiring others than the owner to obtain a fishing license in order to fish in a privately owned landlocked artificial lake stocked by the owner. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

A fishing license is required of a nonresident who has paid for the privilege of fishing in a privately owned landlocked artificial lake stocked by the owner. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

§ 49-7-9. Resident fishing licenses.

    1. 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.
    2. A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    1. All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond.
    2. 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.
  1. 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.”
  2. 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.

HISTORY: Codes, 1942, § 5906; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; Laws, 1938, Ex. Sess. ch. 78; Laws, 1942, ch. 250; Laws, 1958, ch. 175; Laws, 1966, ch. 265, § 1; Laws, 1973, ch. 451, § 1; Laws, 1978, ch. 465, § 4; Laws, 1982, ch. 435, § 5; Laws, 1987, ch. 413; Laws, 1988, ch. 435, § 5; Laws, 1988, ch. 600; Laws, 1989, ch. 377, § 2; Laws, 1993, ch. 463, § 2; Laws, 1995, ch. 402, § 1; Laws, 1998, ch. 409, § 1; Laws, 2007, ch. 471, § 1; Laws, 2007, ch. 477, § 2; Laws, 2010, ch. 332, § 1; Laws, 2013, ch. 471, § 1; Laws, 2016, ch. 418, § 2; Laws, 2017, ch. 426, § 2, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 1 of ch. 471, Laws of 2007, effective July 1, 2007 (approved March 27, 2007) at 3:03 p.m., amended this section. Section 2 of ch. 477, Laws, 2007, effective July 1, 2007 (approved March 27, 2007) at 4:45 p.m., also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the June 26, 2007, meeting of the Committee.

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Amendment Notes —

The first 2007 amendment (ch. 471) substituted “resident” for “person” in (2), (4), (6) and (7); in (4), deleted “person” preceding “shipping nongame,” deleted the former second sentence, which read: “Nonresident wholesale dealers who buy nongame gross fish from fishermen or resident wholesale dealers for the purpose of resale shall obtain a nonresident commercial fishing license,” and deleted the former last sentence, which read: “Any nonresident who brings nongame gross fish into the state from without the state for the purpose of resale to a wholesale or retail dealer or to the consumer shall obtain a nonresident commercial fishing license”; deleted former (10), which authorized the commission to issue nonresident freshwater commercial fishing licenses to be sold by the department and to set fees; and redesignated former (11) and (12) as present (10) and (11).

The second 2007 amendment (ch. 477) added (1)(e).

The 2010 amendment rewrote (10).

The 2013 amendment in (1)(a), substituted “purchase a combination small game hunting and fishing license as provided in Section 49-7-5 for” for “pay an annual license fee of” in the first sentence, deleted “public freshwater fishing” preceding “licensed as prescribed” in the last sentence; deleted former (2) through (8) and redesignated the remaining subsections accordingly; added (2)(b); in (3), added the second sentence, substituted “and on ‘Free Fishing Day’ ” for “additionally, July 4 is still designated as free fishing day on the Mississippi Gulf Coast”; and made minor stylistic changes throughout.

The 2016 amendment, in the version of the section effective from and after the increase of nonresident license fees by the Commission on Wildlife, Fisheries and Parks, substituted “Ten Dollars ($10.00)” for “Eight Dollars ($8.00)” in (1)(a).

The 2017 amendment deleted the version of the section effective until the Mississippi Commission on Wildlife, Fisheries and Parks increases the fee for nonresident licenses in accordance with the authority provided in Section 49-7-8; and added (1)(f).

Cross References —

Additional hunting and fishing fee for wildlife heritage fund, and purchase of hunting and fishing areas, see §49-5-78.

Nonresident freshwater commercial fishing licenses and fees, see §49-7-12.

Lifetime sportsman license, see §§49-7-151 et seq.

Multiyear licenses, see §49-7-22.

License for taking mussels, see §49-9-9.

OPINIONS OF THE ATTORNEY GENERAL

If the lakes are privately owned, people fishing these lakes need not obtain a fishing license to fish them. 2004 Miss. Op. Att'y Gen. 415.

RESEARCH REFERENCES

ALR.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond. 15 A.L.R.2d 754.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

36A C.J.S., Fish § 28.

JUDICIAL DECISIONS

1. In general.

An admission of guilt made by a defendant spontaneously and before arresting game wardens had an opportunity to advise him of his constitutional rights was admissible against him when tried on the charge of possessing undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

Game wardens who had observed the defendant catch catfish smaller than the legal minimum by means of illegal traps in a public lake and subsequently transport them by boat to a point where he loaded them on a pickup truck were lawfully entitled to arrest the defendant and search his truck, and their evidence was admissible in court. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

The fact that a defendant who admitted that he was catching fish “trying to make a living” had not paid the commercial fisherman’s privilege license required by Code 1942, § 5609 was no defense to a charge of possession of undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

This section [Code 1942, § 5906] is not pertinent to the question whether a nonresident needs a fishing license to fish in a privately owned artificial lake stocked by the owner. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

§ 49-7-9.1. Commercial fishing licenses; who is required to purchase; labeling of commercial fishing equipment; slat basket license; fees.

    1. Any resident engaged in fishing for commercial purposes and selling or peddling nongame gross fish at retail or selling or shipping same at wholesale, as to markets, dealers or canning plants, shall purchase a commercial fishing license.
    2. A licensee must label each piece of commercial fishing equipment with a waterproof or metal tag containing any information required by the department. A piece of commercial fishing equipment is defined as: One (1) each hoop or barrel net; one thousand (1,000) feet or less of trotline; one thousand (1,000) feet or less of snagline; three thousand (3,000) feet or less of gill netting; or three thousand (3,000) feet or less of trammel netting. Netting of over three thousand (3,000) feet is prohibited.
    3. Upon the purchase of a commercial license for use of hoop or barrel nets, the licensee is permitted to use lead nets thirty-five (35) yards in length for each two (2) barrel nets used, but not to exceed seven (7) lead nets.
  1. Each person taking nongame gross fish as defined in Section 49-7-1, of any kind from the fresh waters of the state shall be considered a producer and shall be entitled to sell his own catch of nongame gross fish to anyone except as otherwise provided by law or applicable regulations.
  2. Each resident buying or handling nongame gross fish secured from commercial fishermen or others for the purpose of resale, whether handled on a commission basis or otherwise, and each resident shipping nongame gross fish not his own catch out of the State of Mississippi shall be considered a wholesale dealer and shall purchase a commercial fishing license. Resident wholesale dealers’ licenses shall be issued only to persons who have been bona fide residents of the State of Mississippi for at least six (6) months.
  3. Each resident buying nongame gross fish from a licensed wholesale dealer or licensed commercial fisherman for retail sale to the consumer only on rural or urban routes shall purchase a commercial fishing license to do so.
  4. Each resident engaged in the buying and selling of nongame gross fish as a wholesale dealer’s agent, whether on a commission or salary basis, or otherwise, and not selling in the open market, shall purchase a commercial fishing license and shall be responsible for any illegal transaction ensuing between the time he purchases the fish from the fisherman and the time the fish are accepted by the wholesaler by whom he is employed.
    1. Any resident using a wooden or plastic slat basket shall purchase a slat basket license for each basket each year in addition to a commercial fishing license. Slat baskets are defined as commercial fishing devices used solely for the capture of catfish and made entirely of wood and/or plastic slats in a box-like or cylindrical shape. Slat baskets shall not exceed six (6) feet in length nor exceed fifteen (15) inches in width and height or diameter, may have no more than two (2) throats, and must have at least four (4) slot openings at least one and one-fourth (1-1/4) by twenty-four (24) inches evenly spaced around the sides of the catch area. The one and one-fourth (1-1/4) inch wide slots or greater must begin at the rear of the basket and run twenty-four (24) inches toward the throat end of the basket. Slat baskets shall be placed at least one hundred (100) yards apart and may not be used with any form of leads, netting or guiding devices.
    2. Each slat basket shall have a waterproof or metal tag attached to it containing any information required by the department. Any other identification of the owner of the slat basket shall meet any specifications required by the department. Slat baskets may be fished statewide except where specifically prohibited.
    3. Any violation of this subsection shall be a Class I violation as prescribed in Section 49-7-141.
  5. It is unlawful for any person to offer for sale undersized nongame gross fish.
    1. The fee for a resident commercial fishing license shall be Thirty Dollars ($30.00).
    2. The fee for a slat basket license shall be Thirty Dollars ($30.00).
  6. 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.

HISTORY: Laws, 2013, ch. 471, § 2, eff from and after July 1, 2013.

§ 49-7-10. Repealed.

Repealed by its own terms effective July 1, 2012.

§49-7-10. [Laws, 2010, ch. 384, § 1, eff from and after July 1, 2010.]

Editor’s Notes —

Former §49-7-10 permitted an owner of a pier in public or private waters to obtain an annual group pier fishing license.

A former §49-7-10 [Laws, 1993, ch. 603, § 1; Repealed by Laws 1994, ch. 578, § 65, effective from and after July 1, 1994] related to marine water and saltwater licensing requirements. Similar provisions are found in §49-15-313.

§ 49-7-11. Repealed.

Repealed by Laws of 1989, ch. 377, § 9, eff from and after July 1, 1989.

[Codes, 1942, § 5904; Laws, 1932, ch. 123; Laws, 1934, ch. 286; Laws, 1936, ch. 221; Laws, 1938, ch. 178; Laws, 1946, ch. 423, § 6; Laws, 1956, ch. 151; Laws, 1968, ch. 258, § 2; Laws, 1970, ch. 287, § 1; Am Laws, 1973, ch. 423, § 1; Laws, 1978, ch. 465, § 5; Laws, 1982, ch. 435, § 6; Laws, 1988, ch. 435, § 6]

Editor’s Notes —

Former §49-7-11 provided for nonresident fishing licenses.

§ 49-7-12. Reciprocal agreements with other states; nonresident freshwater commercial fishing licenses; fees; penalties.

  1. The commission may promulgate rules and regulations for nonresident recreational and commercial permits and licenses in order to promote and to enter into reciprocal agreements with other states.
  2. The commission may issue and prescribe the forms, types and fees of nonresident freshwater commercial fishing licenses to be sold by the department and not by licensing agents.
    1. The commission may prescribe regulations for nonresident commercial fishing equipment, tagging requirements, harvest size and possession restrictions, restricted areas, fishing restrictions, reporting requirements, wholesale dealers, and the selling, reselling and exporting of fish taken in the public freshwaters of the state.
    2. The commission may exercise all powers necessary to regulate nonresident freshwater commercial fishing.
  3. The commission may require a nonresident to purchase the same type and number of freshwater commercial fishing licenses and pay the same fees that are required of Mississippi residents to engage in like activity in the nonresident’s state.
  4. Any nonresident who engages in freshwater commercial fishing without having the required licenses is guilty of a Class I violation and punishable as provided under Section 49-7-141 and shall forfeit any equipment, gear or nets used in the offense.

HISTORY: Laws, 2007, ch. 471, § 2; Laws, 2013, ch. 471, § 3, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment added (3)(a) and (b) and renumbered former (3) and (4) as (4) and (5).

Cross References —

Resident fishing licenses, see §49-7-9.

Multiyear licenses, see §49-7-22.

§ 49-7-12.1. Nonresident wholesale dealers who buy certain fish and nonresidents who import certain fish are required to obtain commercial fishing licenses.

  1. Nonresident wholesale dealers who buy nongame gross fish in the state for the purpose of resale shall obtain a nonresident commercial fishing license.
  2. Any nonresident who imports nongame gross fish into the state for the purpose of resale to a wholesale or retail dealer or to a consumer shall obtain a nonresident commercial fishing license.

HISTORY: Laws, 2013, ch. 471, § 4, eff from and after July 1, 2013.

§ 49-7-13. Definitions; fee for resident trapper’s license; permission of landowners to trap; certain types of traps prohibited; identification of traps; placing or setting traps near public roads or streets; exemptions; selling of skins and meat of certain animals during and after trapping season.

  1. For the purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context determines otherwise:
    1. “Raw fur” means the skin that has not been removed from the carcass of a fur-bearing animal or nuisance animal.
    2. “Green pelt” means the skin, with hair or fur attached, that has been removed from a fur-bearing animal or nuisance animal, but has not been tanned or fleshed, stretched and dried.
    3. “Dried pelt” means the skin of a fur-bearing animal or nuisance animal that has been fleshed, stretched and dried.
  2. Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper’s license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17. This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper. No license shall be required of a resident who traps on lands in which the record title is vested in that person.
    1. No person shall trap on the lands of another unless he has the permission of the landowner.
    2. No person shall use, on any public lands, a conibear-type or body-gripping trap with an inside jaw spread exceeding seven (7) inches, unless it is partially submerged in water. The designated legal authority of any public lands and its agents shall be exempt from the requirement of this subsection for the purpose of nuisance control.
    1. Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number permanently inscribed on the trap or attached to the trap by a metal tag.
    2. A person exempt from purchasing a trapping license must tag or permanently inscribe any trap with his name, phone number and address.
    3. The conservation officer may take up any traps not properly marked.
    4. Every trapper shall visit his traps at least every thirty-six (36) hours.
  3. Except as otherwise provided in this section, no person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways.
    1. A licensed trapper or resident under sixteen (16) years of age shall be allowed to trap fur-bearing animals during trapping season, and sell or consign the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals during the trapping season and for thirty (30) days after the close of the season. Only a licensed trapper or resident under sixteen (16) years of age may sell or consign the raw fur, green pelts and dried pelts of fur-bearing nuisance animals.
    2. A trapper may not transport the raw fur or green pelts of fur-bearing animals within the state from eleven (11) days after the close of trapping season until the opening day of the following trapping season, unless each raw fur or green pelt is tagged or documented with the name, address and trapping identification number of the person who harvested the raw fur or green pelt and the date and place of harvest. An official possession tag that has been issued by another state shall be considered legally documented.
    3. A licensed trapper may possess and maintain in storage the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals at any time.
    4. The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for thirty (30) days after the close of the season.
    1. A municipality or county, or any person who has contracted with a municipality or county for the purpose authorized in this subsection, may place or set only snare traps within one hundred (100) feet of any road or street located within such municipality or county. Before the action authorized by this section is taken, the governing authority of the municipality or the board of supervisors of the county shall make a finding that such placement of snare traps is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals that threaten the safety of public roads and bridges. Snares shall be submerged at least fifty percent (50%).
    2. Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on property owned by the landowner within one hundred (100) feet of any road or street, but not within the maintained public road or street right-of-way.
    3. Snare traps, conibear-type or body-gripping traps shall be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.

HISTORY: Codes, 1942, § 5873; Laws, 1932, ch. 123; Laws, 1978, ch. 465, § 7; Laws, 1988, ch. 435, § 7; Laws, 1993, ch. 463, § 3; Laws, 1999, ch. 401, § 1; Laws, 2005, ch. 489, § 1; Laws, 2006, ch. 522, § 2; Laws, 2010, ch. 491, § 1; Laws, 2013, ch. 514, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2005 amendment rewrote the section to allow trappers to sell skins and meat for a period of time after the close of trapping season.

The 2006 amendment, in the first sentence in (6), deleted “and predatory” following “allowed to trap fur-bearing” and inserted “of fur-bearing and nuisance animals” following “and sell the pelts.”

The 2010 amendment added “Except as otherwise provided in this section” at the beginning of (4); and added (7).

The 2013 amendment added (1) and redesignated former (1) through (4) as (2) through (5); added the last sentence in (2); added (3)(b) and (4)(b); in (4)(a), substituted “Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number” for “Each trap shall have an identification number”; rewrote (6) adding designators and (b) and (c); substituted “thirty (30)” for “ten (10)” in (6)(d); added (7)(b) and (c); and made minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 16, 47.

CJS.

38 C.J.S., Game §§ 10, 13,14.

§ 49-7-15. Repealed.

Repealed by Laws of 1989, ch. 377, § 10, eff from and after July 1, 1989.

[Codes, 1942, § 5874; Laws, 1932, ch. 123; Am Laws, 1982, ch. 435, § 7; Laws, 1988, ch. 435, § 8]

Editor’s Notes —

Former §49-7-15 provided for a fee for nonresident trapper’s license.

§ 49-7-16. Fur dealer or regular buyer of fur bearing animals; license; fees; possession of furs; tagging.

  1. Any person, whether a resident or nonresident of this state, who is a fur dealer, or who regularly buys fur-bearing animals from trappers or hunters, shall be required to obtain a license under this section. Application for such license shall be made to any of the officials authorized to issue licenses under Chapter 7 of Title 49, Mississippi Code of 1972. The license fee shall be Fifty Dollars ($50.00) for residents, together with the fee provided in Section 49-7-17. The license shall be good for one (1) year from the date of issuance unless suspended or revoked earlier, and it is renewable upon payment of the fee. The license shall be carried on the person of the holder whenever he is engaged in the business of fur dealer or engaged in buying fur-bearing animals.
  2. Dealers or those persons who regularly buy fur-bearing animals from trappers or hunters are authorized to possess inventories of dried or stretched furs and skins at any time. However, dealers or other fur buyers are authorized to buy, transport, sell or offer for sale inventories of fur for only ninety (90) days beyond the close of the trapping season set by the commission. The commission shall, in its discretion, extend the ninety-day period for buying, transporting, selling or offering for sale inventories of fur.
  3. The commission may require tagging of furs to account for harvest of a species in a specific location. Dealers shall be required to maintain accurate records of purchases. Such dealer records and fur houses shall be open to conservation officers on request for inspection without warrant.
  4. Persons acquiring fur for the sole purpose of tanning, dressing, manufacturing or otherwise preparing finished fur products are authorized to buy, sell, possess and transport inventories of fur and finished fur products at any time for these and related purposes.

HISTORY: Laws, 1978, ch. 465, § 13; Laws, 1980, ch. 448; Laws, 1982, ch. 435, § 8; Laws, 1988, ch. 435, § 9; Laws, 1989, ch. 377, § 3; Laws, 2000, ch. 516, § 62, eff from and after passage (approved Apr. 30, 2000.).

Amendment Notes —

The 2000 amendment deleted “to the officer issuing such license” following “Section 49-7-17” in (1); and deleted “on wildlife conservation” at the end of the second sentence in (2).

Cross References —

Additional hunting and fishing fee for wildlife heritage fund and purchase of hunting and fishing areas, see §49-5-78.

§ 49-7-17. License agents; bonding requirements; additional license fee for officer or person issuing license; additional fee to recoup costs of issuing licenses.

  1. The department may provide for the appointment of persons as license agents to sell license certificates for hunting, trapping or fishing as authorized under Section 49-7-21.

    The department may, by administrative rule, establish qualifications, standards and regulations for such license agents.

  2. Each license agent shall be required to be covered under a surety bond. The department may establish, by administrative rule, the procedures for the bonding of its license agents, which procedures may include the implementation of a blanket bonding system. All premiums for surety bonds required under this section shall be at the expense of the license agents.
  3. Any officer or person authorized to issue any hunting or fishing license or permit or any combination game and fish license under the laws of this state shall have the power and authority to collect and retain for the issuance of such license the sum of One Dollar ($1.00), in addition to the license fee provided by law, when such license or permit is sold to a resident of this state. The Commission on Wildlife, Fisheries and Parks is authorized, in its discretion, to contract with license agents for services rendered for an additional amount, not to exceed One Dollar ($1.00), in addition to the license fee provided by law.
  4. The Commission on Wildlife, Fisheries and Parks is authorized to establish, set and collect an additional fee for any license sold that will recoup the department’s cost of issuing the license, conducting any electronic transaction therefor, and generally recovering the department’s administrative costs of selling licenses and maintaining the electronic databases of those sales.

HISTORY: Codes, 1942, § 5874.5; Laws, 1950, ch. 219; Laws, 1978, ch. 465, § 8; Laws, 1988, ch. 435, § 10; Laws, 1989, ch. 377, § 6; Laws, 1990, ch. 309, § 1; Laws, 1993, ch. 544, § 1; Laws, 1997, ch. 528, § 1; Laws, 2003, ch. 355, § 1; Laws, 2010, ch. 328, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2003 amendment deleted the last three sentences in (2), thereby removing the alternative for surety bond requirement for wildlife license agents.

The 2010 amendment added (4).

Cross References —

Fee for combination resident hunting and fishing license, see §49-7-5.

Payment of fee for fishing license, see §49-7-9.

Payment of fee for issuance of a resident trapper’s license, see §49-7-13.

Payment of fee for issuance of resident or nonresident license to purchase fur-bearing animals from trappers or to be a fur dealer, see §49-7-16.

Authorization for certain constables to retain the fee upon issuing hunting and fishing licenses, see §49-7-23.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-19. Prohibition against issuing license to person physically or mentally unfit to carry or use firearm.

It shall be unlawful for any officer, authorized to issue the licenses mentioned in this chapter, to knowingly issue a resident license or nonresident license to any person physically or mentally unfit to carry or use firearms.

HISTORY: Codes, 1942, § 5875; Laws, 1932, ch. 123.

Cross References —

Satisfactory completion of hunter education course as prerequisite to procurement of hunting license, see §49-7-20.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-20. Requirement of satisfactory completion of hunter education course; resident apprentice hunting license; resident combination small game hunting and fishing license.

  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.

HISTORY: Laws, 1985, ch. 445, § 1; Laws, 1995, ch. 409, § 5; Laws, 2006, ch. 486, § 3; Laws, 2013, ch. 501, § 2, eff from and after July 1, 2013.

Amendment Notes —

The 2006 amendment substituted “procure any Mississippi hunting license, except a resident apprentice hunting license, unless” for “procure any hunting license provided by the department unless” in (1); and substituted “any Mississippi hunting license, except a resident apprentice hunting license” for “any license provided by the department” in (2).

The 2013 amendment inserted “and a resident combination small game hunting and fishing license” in (1); inserted “and resident combination small game hunting and fishing license” in (2); and added (5).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-20.1. Child hunter safety; hunter education course; supervision by adult who holds valid Mississippi license for species being hunted.

    1. To reduce hunting accidents of children under license age, to protect the safety of these children and to promote hunter safety, a child at least twelve (12) years of age and under sixteen (16) years of age must have a certificate of satisfactory completion of a hunter education course approved by the department before hunting in this state.
    2. A child at least twelve (12) years of age and under sixteen (16) years of age may hunt without having the certificate of hunter education required under this subsection if the child is in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when hunting.
  1. A child under the age of twelve (12) must be in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when the child is hunting.
  2. A licensed hunter supervising a child as provided in this section must hold a valid Mississippi license for the species being hunted.
  3. There is no penalty for a violation of this section, but to protect the safety of the child a conservation officer may require the child to end the hunt and may unload the firearm and may take the firearm and the child to an adult.

HISTORY: Laws, 2000, ch. 405, § 1; Laws, 2006, ch. 486, § 1; Laws, 2007, ch. 484, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2006 amendment added (1)(b); and inserted “resident” following “licensed or exempt” in (2).

The 2007 amendment deleted “resident” preceding “hunter at least twenty-one” in (1)(b) and (2); added (3); and redesignated former (3) as present (4).

§ 49-7-21. License certificates; hunting, trapping or fishing without license prohibited; penalties.

    1. The licenses for hunting, trapping or fishing shall be issued on a form prepared by the executive director and supplied to the bonded agents authorized to issue licenses. The forms shall bear the name and social security number or driver’s license number of the applicant. All annual licenses shall be valid for one (1) year after the date of its issuance. The licenses shall be issued in the name of the commission and be countersigned by the bonded agent issuing same.
    2. A person may purchase a license from the office of the department without appearing in person.
    3. The commission may design, establish, and administer a program to provide for the purchase, by electronic means, of any license, permit, registration or reservation issued by the commission or department.
  1. Any person authorized to issue licenses for hunting, trapping or fishing in this state who attempts to issue a license on a form other than one as prescribed by this section, or attempts to prepare a license certificate in any manner other than on the form prescribed by this section, and furnished by the executive director, is guilty of a Class II violation, and shall be punished as provided in Section 49-7-143, Mississippi Code of 1972, and the person convicted shall be forever barred from issuing licenses in the State of Mississippi.
    1. 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 this chapter.
    2. A resident who violates this subsection shall be fined Five Hundred Dollars ($500.00). If at the hearing date or the date of payment of the fine the resident shows proof of the required Mississippi license, the fine shall be reduced to One Hundred Dollars ($100.00). If the resident shows proof that the required license was purchased before the date of the violation, the case shall be dismissed and all court costs shall be waived against the defendant.
    3. In addition to the penalty imposed in paragraph (b), any resident who is not able to show proof of the required Mississippi license, shall be assessed by the court an administrative fee as prescribed under subsection (6) of this section.
    1. Any nonresident, who hunts or traps without the required license is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for the first offense and shall forfeit hunting and trapping privileges for a period of one (1) year. For the second offense a nonresident shall be fined in an amount of not less than One Thousand Dollars ($1,000.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both such fine and imprisonment and shall forfeit hunting and trapping privileges for a period of two (2) years. For any third or subsequent offense, a nonresident is guilty of a Class I violation and shall be punished as provided in Section 49-7-141, Mississippi Code of 1972.
    2. The nonresident shall also be assessed by the court an administrative fee as prescribed under subsection (6) of this section.
    3. Forfeiture of hunting, trapping and fishing privileges may be waived if, at the hearing date or the date of payment of the fine, the nonresident shows proof of the required nonresident hunting or trapping license.
  2. Any nonresident who fishes without the required license is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for the first offense. For the second or any subsequent offense a nonresident shall be fined in an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and that nonresident shall also be assessed by the court an administrative fee as prescribed under subsection (6) of this section.
  3. In addition to any other fines or penalties imposed under subsection (4) or (5) of this section, the person convicted shall be assessed by the court an administrative fee equal in amount to the cost of the hunting, trapping or fishing license fee that such person unlawfully failed to possess at the time of the violation, the amount of which license fee shall be entered upon the ticket or citation by the charging officer at the time the ticket or citation is issued. The clerk of the court in which the conviction takes place, promptly shall collect all administrative fees imposed under this subsection and deposit them monthly with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection, receipt and deposit of state assessments under Section 99-19-73. However, all administrative fees collected under the provisions of this subsection shall be credited by the State Treasurer to the account of the Department of Wildlife, Fisheries and Parks, and may be expended by the department upon appropriation by the Legislature.
  4. Any person who obtains a license under an assumed name or makes a materially false statement to obtain a license is guilty of a felony and shall be subject to a fine of Two Thousand Dollars ($2,000.00) or may be imprisoned for a term not to exceed one (1) year, or both.

HISTORY: Codes, 1942, § 5877; Laws, 1932, ch. 123; Laws, 1938, ch. 178; Laws, 1952, ch. 191; Laws, 1974, ch. 569, § 18; Laws, 1978, ch. 465, § 9; Laws, 1980, ch. 471; Laws, 1981, ch. 486, § 1; Laws, 1985, ch. 452, § 9; Laws, 1990, ch. 334, § 1; Laws, 1994, ch. 408, § 1; Laws, 1994, ch. 629; Laws, 1995, ch. 580, § 2; Laws, 1999, ch. 571, § 1; Laws, 2000, ch. 375, § 1; Laws, 2002, ch. 511, § 1; Laws, 2007, ch. 472, § 2; Laws, 2008, ch. 477, § 1; Laws, 2010, ch. 329, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2002 amendment added “and shall forfeit hunting and trapping privileges for a period of one (1) year” in the first sentence of (4); and added “and shall forfeit hunting and trapping privileges for a period of two (2) years” in the next-to-last sentence of (4).

The 2007 amendment, in (1)(a), rewrote the third sentence, which formerly read: “All licenses shall be valid from the date of its issuance to June 30 following its date,” and deleted the former last sentence, which read: “The application for a license under this chapter shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths in this state, and for this purpose the members of the commission, the executive director, sheriffs, conservation officers and bonded agents are hereby authorized to administer oaths, but no charge shall be made by any officer employed by the commission or sheriff for the administration of the oath”; and made a minor stylistic change.

The 2008 amendment rewrote (3) and (4); in (6), substituted “the person convicted shall be assessed” for “any person convicted for a violation of subsection (3) of this section shall be assessed” in the first sentence, and deleted “for a violation of subsection (3) of this section” preceding “takes place” in the second sentence; and made minor stylistic changes.

The 2010 amendment added (3)(c); and made minor stylistic changes in (4) and (5).

Cross References —

Fees for nonresident hunting, fishing and trapping licenses, see §49-7-8.

Satisfactory completion of hunter education course as prerequisite to procurement of hunting license, see §49-7-20.

Multiyear licenses, see §49-7-22.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-22. Multiyear licenses; fees; additional license fee for person issuing license.

  1. The commission may authorize the issuance of a multiyear license not to exceed four (4) years of any license issued by the commission. The fee for a multiyear license shall be commensurate with the total of the annual fees for the annual license for the number of years of the multiyear license.
  2. A person authorized to issue licenses by the department may collect and retain for issuing each license the fee authorized under Section 49-7-17.

HISTORY: Laws, 2007, ch. 472, § 1, eff from and after July 1, 2007.

Cross References —

Issuance of resident hunting or fishing licenses; possession of license generally, see §49-7-3.

Combination resident hunting and fishing license, see §49-7-5.

Nonresident hunting, fishing or trapping licenses, see §49-7-8.

Resident fishing licenses, see §49-7-9.

Nonresident freshwater commercial fishing licenses, see §49-7-12.

Resident trapper’s license, see §49-7-13.

Fur dealer or regular buyer of fur bearing animals licenses, see §49-7-16.

§ 49-7-23. Sale of hunting and fishing licenses by constables designated as deputy conservation officers.

The executive director may designate constables as deputy conservation officers, and constables so designated may be permitted to sell hunting and fishing licenses and may retain the fee provided in Section 49-7-17 for issuing each such license.

HISTORY: Codes, 1942, § 5857; Laws, 1932, ch. 123; Laws, 1936, ch. 221; Laws, 1974, ch. 569, § 19; Laws, 1978, ch. 465, § 10; Laws, 1988, ch. 435, § 11; Laws, 2000, ch. 516, § 63, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Constables, generally, see §19-19-1.

Appointment of conservation officers generally, see §49-1-13.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife

§§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife; §§ 13, 14.

§ 49-7-25. Records and reports.

Each officer authorized to issue licenses shall keep in a book to be supplied to him by the commission, a correct and complete list, in numerical order, of all licenses, resident or nonresident, issued by him. He shall enter at the close of each week the name and residence of each individual to whom a license was issued during that week, and shall on or before the tenth day of each month, forward to the executive director, on blanks furnished to him by the executive director, a complete list of all licenses so granted, with the name and address of each licensee, and shall pay over to the executive director all sums collected by him for licenses during the preceding month, and at the end of the license year shall render a final report and return to the executive director all license stubs and all unused or mutilated license blanks. Thereupon the executive director shall cause the account of the officer to be audited and a final statement furnished such officer on the condition of the account.

HISTORY: Codes, 1942, § 5880; Laws, 1932, ch. 123; Laws, 2000, ch. 516, § 64, eff from and after passage (approved Apr. 30, 2000.).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-26. Development of tagging and reporting program for deer and turkey to collect harvest data and monitor bag limit compliance; penalties for violation of turkey or deer tagging program.

    1. The department may develop, implement and regulate a tagging and reporting program to collect harvest data and monitor bag limit compliance by any means as provided in this section.
    2. The department may charge a fee for the tagging program.
    3. The department shall provide an annual report to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives.
    1. The department may establish a tagging and reporting program for deer harvested by nonresidents.
    2. A nonresident who violates any law or regulation of the nonresident deer tagging program shall be subject to the fine and forfeiture penalties provided for a nonresident hunting without a license under Section 49-7-21. In addition, a nonresident shall be assessed the administrative fee prescribed in this section.
    1. The department may establish a tagging and reporting program for turkey.
    2. A person who violates any law or regulation of the turkey tagging program is guilty of a Class III violation and shall be subject to the fines provided in 49-7-101. In addition, a person shall be assessed the administrative fee prescribed in this section.
    1. A person convicted of a first violation of the tagging program shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which shall be imposed and collected upon conviction. A person convicted of a second or subsequent violation shall be assessed an administrative fee of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), which shall be imposed and collected upon conviction.
    2. The clerk of the court shall collect and deposit the administrative fees with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection and deposit of state assessments under Section 99-19-73.
    3. The administrative fees shall be credited to the Department of Wildlife, Fisheries and Parks and may be expended by the department upon appropriation by the Legislature.
  1. Each deer or turkey taken or possessed in violation of the tagging program is a separate offense.

HISTORY: Laws, 2009, ch. 510, § 3, eff from and after July 1, 2009.

§ 49-7-27. Revocation and suspension of licenses and privileges; penalties for hunting, trapping or fishing without license or privilege.

  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.
    1. 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.
    2. 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.
    3. A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.

HISTORY: Codes, 1942, § 5881; Laws, 1932, ch. 123; Laws, 1964, ch. 229, § 1; Laws, 1994, ch. 408, § 4; Laws, 1996, ch. 507, § 10; Laws, 1998, ch. 347, § 1; Laws, 2000, ch. 388, § 1; Laws, 2001, ch. 354, § 1, eff from and after July 1, 2001.

Editor’s Notes —

Section 49-1-1 provides that the term “State Game and Fish Commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Amendment Notes —

The 2001 amendment inserted (6) and redesignated former (6) as (7).

Cross References —

Any person authorized to issue licenses may collect and retain, for each saltwater fishing license issued, the additional fee authorized under this section, see §49-15-313.

Killing deer by headlighting or other lighting device, see §49-7-95.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (Complaint, petition, or declaration – By license holder – Against administrative agency – To enjoin further proceedings to suspend or revoke license – Attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 13, 14.

36A C.J.S., Fish § 28.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-29. Wholesale minnow dealers.

  1. This section shall be known as the “Mississippi Wholesale Minnow Dealers Law.”
  2. Definitions. For the purposes of this section, the following definitions shall apply:
    1. The term “wholesale minnow dealer” means any person selling minnows to a person for resale.
    2. The term “person” means any person, firm or corporation.
    3. The term “minnow” shall only mean golden shiner (Notemigonus crysoleucas), fathead minnow (Pimephales promelas), goldfish (Carassius auratus), common carp or Israeli carp (Cyprinus carpio), emerald shiner (Notropis atherinoides), western mosquitofish (Gambusia affinis), eastern mosquitofish (Gambusia holbrooki) and gulf killfish (Fundulus grandis).
  3. The department shall license wholesale minnow dealers, as required under this section. However, bona fide residents of Mississippi growing minnows on their own property within the State of Mississippi shall be exempt from these license requirements.
  4. It is unlawful for any person except those exempted by subsection (3) to sell minnows at wholesale within the State of Mississippi without a commercial fishing license.
  5. A resident wholesale minnow dealer shall certify that he is a resident of the state and shall apply to the department for a commercial fishing license.
  6. A nonresident wholesale minnow dealer shall apply to the department for a nonresident commercial fishing license. This nonresident license fee shall be set by the department.
  7. Each sale of minnows in violation of this section shall be punishable as a Class I violation as provided in Section 49-7-141.
  8. A copy of the commercial fishing license shall be carried at all times in each vehicle which transports minnows into or within the State of Mississippi. Each violation of this subsection shall be punishable as a Class I violation as provided in Section 49-7-141. However, no person charged with violating this subsection shall be convicted if he produces in court, or files with the clerk of the court before the date of appearance, proof that he held a valid commercial fishing license at the time that he was charged with a violation.

HISTORY: Codes, 1942, § 5872.7; Laws, 1962, ch. 191, §§ 1-8; Laws, 1978, ch. 465, § 11; Laws, 1985, ch. 452, § 2; Laws, 1989, ch. 377, § 4; Laws, 1993, ch. 463, § 9; Laws, 2001, ch. 494, § 1, eff from and after July 1, 2001.

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

36A C.J.S., Fish § 28.

§ 49-7-30. Season for nongame gross fish.

The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.

HISTORY: Laws, 2001, ch. 349, § 2, eff from and after passage (approved Mar. 11, 2001.).

§ 49-7-31. Open season on deer.

  1. The open season on deer shall be as follows:
    1. With bow and arrow: October 1 through the Friday prior to Thanksgiving.
    2. With guns and with dogs: from the Saturday prior to Thanksgiving through December 1.
    3. With primitive weapons and without dogs: December 2 through December 15.
    4. With guns and without dogs: December 16 through December 23. However, the commission may allow hunting statewide or in specific areas with any legal weapon which it may designate without dogs after the end of the last season for hunting deer with guns and with dogs, but the season with legal designated weapons and without dogs shall not extend beyond January 31.
    5. The commission shall establish an extended season with primitive weapons and bow and arrow without dogs from February 1 through February 15 for the area south of U.S. Highway 84 and east of Mississippi Highway 35 only for legal bucks. Any antlered deer taken in this area during any open season under this section must be a legal buck as defined in this paragraph. For purposes of this paragraph, the term “legal buck” means a deer with antlers of four (4) points or more with a minimum inside spread of ten (10) inches or a minimum main beam length of thirteen (13) inches. The commission may regulate the taking of deer with antlers of four (4) points or less under this paragraph for the proper management of antlered deer. The commission may delay the opening date and change the length of bow and arrow season in subsection (1)(a) in this area.
    6. With guns and with dogs: December 24 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns and with dogs when added to the number of days provided for hunting deer with guns and with dogs in paragraph (b).
  2. The commission may set and regulate the deer seasons on wildlife management areas which it administers.
    1. The commission may allow the harvesting of antlerless deer in the districts or zones upon the recommendation of the executive director based upon good and substantial quantitative data and research evaluations that demonstrate that the harvesting is necessary to properly manage the herd.
    2. The commission, only upon the recommendation of the executive director, may allow the harvesting of antlerless deer during the deer season with guns and with dogs by a majority vote of the commission.
    3. Nothing in this subsection prohibits the harvesting of either-sex deer by landowners or leaseholders on private lands under the deer management assistance program prescribed or approved by the executive director.
  3. The commission may provide a special permit for the harvesting of deer when they are depredating and destroying crops. The department shall supervise the harvesting and provide for the salvaging of the meat of the animals. The commission may authorize the department to assist any farmer in this state, who sustains crop damage by wildlife, in eradication of the problem wildlife.
    1. During any open season on deer with primitive weapons after November 30, a person may use any legal weapon of choice on private lands only, if the person is:
      1. The title owner of the land;
      2. The lessee of the hunting rights on the land;
      3. A member of a hunting club leasing the hunting rights on the land; or
      4. A guest of a person specified in subparagraph (i), (ii) or (iii).
    2. If the person is required to have a hunting license, the person must have a primitive weapon license, Sportsman’s License or a Lifetime Sportsman’s License.

HISTORY: Codes, 1942, § 5882; Laws, 1932, ch. 123; Laws, 1934, ch. 285; Laws, 1936, ch. 221; Laws, 1938, ch. 365; Laws, 1940, ch. 220; Laws, 1944, ch. 234, § 4; Laws, 1948, ch. 255, § 6; Laws, 1960, ch. 162; Laws, 1962, ch. 192; Laws, 1964, ch. 230; Laws, 1968, ch. 259, § 2; Laws, 1970, ch. 286, § 1; Laws, 1972, ch. 493, § 1; Laws, 1975, ch. 327, § 1; Laws, 1977, ch. 468, § 1; Laws, 1980, ch. 305; Laws, 1981, ch. 475, § 2; Laws, 1981, 1st Ex Sess, ch. 9; Laws, 1983, ch. 301, § 1, ch. 527; Laws, 1990, ch. 305, § 1; Laws, 1992, ch. 555, § 1; Laws, 1994, ch. 633, § 1; Laws, 1995, ch. 592, § 1; Laws, 1996, ch. 486, § 2; Laws, 1997, ch. 360, § 1; Laws, 1998, ch. 521, § 1; Laws, 1999, ch. 312, § 1; Laws, 2001, ch. 349, § 1; Laws, 2004, ch. 548, § 1; Laws, 2005, ch. 373, § 2; Laws, 2005, ch. 529, § 4; Laws, 2009, ch. 510, § 1; Laws, 2013, ch. 439, § 1, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 2 of ch. 373, Laws, 2005, effective from and after its passage (March 15, 2005), amended this section. Section 4 of ch. 529, Laws, 2005, effective from and after July 1, 2005, also amended this section. As set out above, this section reflects the language of Section 4 of ch. 529, Laws, 2005, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Editor’s Notes —

Laws of 2003, ch. 368, § 2, provides:

“SECTION 2. (1) The Department of Wildlife, Fisheries and Parks shall conduct a study of the feasibility of establishing a procedure which requires any person who takes or harvests any deer to physically mark or identify each deer taken by means of a tag or similar method. The department shall complete its study and file a report of its findings and recommendations with the Chairman of the House Game and Fish Committee and the Chairman of the Senate Wildlife, Fisheries and Parks Committee not later than January 15, 2004.

“(2) The Department of Wildlife, Fisheries and Parks shall conduct a study on the effects of extending the deer hunting season to January 31. The report shall not be limited to reducing the number of days at the beginning of the season for the purpose of adding days at the end of January, nor shall the report prohibit the establishment of zones for deer season opening and closing dates. The department shall complete its study and file a report of its findings and recommendations with the Secretary of the Senate and the Clerk of the House no later than January 1, 2004.”

Amendment Notes —

The 2001 amendment deleted former (1)(j) and redesignated former (1)(k) as (1)(j).

The 2004 amendment rewrote (1)(c).

The first 2005 amendment (ch. 373) rewrote the section.

The second 2005 amendment (ch. 529) also rewrote the section.

The 2009 amendment, in (1)(e), added the next-to-last sentence, and substituted “subsection (1)(a)” for “paragraph (1)(a)” in the last sentence; and substituted “the deer management assistance program” for “a deer management program” in (3)(c).

The 2013 amendment, effective July 1, 2014, added (5).

Cross References —

Game season beginning on Sunday, see §49-7-35.

Antler restrictions in this section do not apply to deer management zones with antler resrictions, see §49-7-96.

Illegality of hunting or taking migratory waterfowl without procuring migratory waterfowl stamp and having such stamp in one’s possession, see §49-7-163.

RESEARCH REFERENCES

ALR.

Applicability, to domesticated or captive game, of game laws relating to closed season. 74 A.L.R.2d 974.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

37 Am. Jur. Proof of Facts 2d 711, Justifiable Destruction of Animal.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13.

§ 49-7-31.1. Open season on deer; requirements for wearing hunter orange during any firearm season; exceptions; penalties.

  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, 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 required under subsection (1) of this section when:
    1. Hunting from a deer stand that is elevated twelve (12) feet or more above the ground; or
    2. 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.

HISTORY: Laws, 2005, ch. 529, § 1; Laws, 2014, ch. 310, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment in (1), substituted “firearm season” for “gun season,” preceding “on deer” and substituted “every hunter whether hunting with a firearm, bow and arrow or any other weapon” for “a hunter” thereafter, added the exception, and deleted the former last sentence which read: “This requirement shall not apply to a hunter while the hunter is in a fully enclosed deer stand.”; added (2); and redesignated former (2) as present (3).

Cross References —

Certain persons authorized to hunt deer with bow during any open season on deer, turkey or small game must comply with this section, see §49-7-38.

§ 49-7-31.2. Open season for game birds.

The open season for game birds shall be as follows:

On bobwhite quail: The season shall open on Thanksgiving Day and run through the first Saturday in March next following.

On pheasant: There shall be no open season on pheasant.

On wild turkey: The commission may fix the spring season between March 1 and May 15. In addition, the commission may fix special fall either-sex seasons.

On migratory birds: The open season for migratory birds shall be the season prescribed by the Federal Migratory Bird Treaty regulations.

HISTORY: Laws, 2005, ch. 529, § 2, eff from and after July 1, 2005.

Cross References —

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season will begin on the preceding Saturday, see §49-7-35.

Federal Aspects—

Migratory Bird Treaty Act, see 16 USCS §§ 703 et seq.

§ 49-7-31.3. Open season for game animals other than deer.

The open season on game animals except deer shall be as follows:

On squirrel: The season shall open on October 1 and run through February 28 next following. In addition, the commission is authorized to set a season that shall open not earlier than May 15 and run not later than June 1 next following.

On rabbits: The season shall open on the Saturday nearest October 15 and run through February 28 next following, and when rabbits are depredating or destroying crops, the owner of the crops or his tenants may shoot the rabbits with guns.

HISTORY: Laws, 2005, ch. 529, § 3; Laws, 2014, ch. 388, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment deleted “(i) Zone 1: For areas north of Highway 82 plus those portions of Sunflower County and Washington County south of Highway 82” following “(a) On squirrel:” and “the Saturday nearest” following “The season shall open on”; deleted (a)(ii) Zone 2: and (a)(iii) Zone 3: in their entireties; and inserted “next following...June 1 next following” after “February 28.”

Cross References —

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season will begin on the preceding Saturday, see §49-7-35.

§ 49-7-31.4. Open season on fur-bearing animals; hunting raccoons and bobcats with dogs; additional open season on raccoons.

  1. The commission may fix the open season on fur-bearing animals between November 1 and March 15 next following and fix the open season for hunting opossums, raccoons and bobcats with dogs and guns by licensed hunters from October 1 to March 15 next following; but raccoons and bobcats may be run, hunted, chased or pursued throughout the year with dogs by licensed hunters.
  2. The commission may establish an additional open season on raccoon from July 1 through October 1, and the bag limit on raccoon during the additional open season shall be one (1) per party, per night.

HISTORY: Laws, 2005, ch. 529, § 6; Laws, 2014, ch. 391, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “March 15” for “March 1” and for “February 28” in (1).

Cross References —

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season will begin on the preceding Saturday, see §49-7-35.

§ 49-7-31.5. Hunting, trapping and taking of nuisance animals; unlawful to trap certain animals outside of open season for fur-bearing animals; hunting nuisance animals with dogs, electronic calls, bait and lures authorized; exceptions; hunting wild hogs; penalties.

  1. The hunting, trapping and taking of nuisance animals shall be regulated by the commission. The commission may adopt regulations to regulate the hunting, trapping and taking of nuisance animals and to control the population of nuisance animals.
    1. Landowners, agricultural leaseholders or their designated agents may take predatory and nuisance animals year-round on lands owned or leased by them.
    2. Landowners, agricultural leaseholders or their designated agents may take nuisance animals with any type of weapon and may take nuisance animals during the night after legal hunting hours on lands owned or leased by them with a permit issued by the department.
    3. No license is required for a resident landowner hunting or trapping nuisance animals on his own land. An agricultural leaseholder, designated agent and any other person must possess either an all-game hunting license or trapping license, unless otherwise exempt.
    4. No license is required for a recipient of the Purple Heart Medal for wounds suffered in combat, to hunt nuisance animals on private lands. Persons exempt from purchasing a hunting license under this paragraph shall have in their possession and on their person a copy of their DD-214 discharge form indicating the receipt of the Purple Heart Medal and any proof as may be required by the commission or the Department of Wildlife, Fisheries and Parks, while engaged in such activities.
  2. The taking of any animal or animals other than nuisance animals by the use of a trap or traps is unlawful except during the time the season is open for the taking of fur-bearing animals.
  3. Nuisance animals may be run, chased or pursued with dogs, except as provided in Section 49-7-32, year-round by licensed hunters.
  4. Nuisance animals may be hunted with the aid of electronic calls.
  5. Nuisance animals may be hunted or trapped with the aid of bait and lures, on private lands, according to regulations adopted by the commission.
  6. Any part of a nuisance animal may be bought and sold year-round.
    1. Wild hogs may not be caught or trapped and released into the wild at a location different from the location where the wild hog was caught or trapped.
    2. A violation of this subsection is a Class I violation and is punishable as provided under Section 49-7-141.
  7. When hunting wild hogs during any open gun season on deer, a hunter must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange.

HISTORY: Laws, 2005, ch. 529, § 7; Laws, 2006, ch. 522, § 3; Laws, 2007, ch. 499, § 2; Laws, 2014, ch. 510, § 1; Laws, 2015, ch. 308, § 1; Laws, 2017, ch. 434, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2006 amendment rewrote (1)(a); substituted “predatory and nuisance animals” for “predatory animals” following “agents may take” in (1)(b); and inserted “wild hogs” following “nutria” in (2).

The 2007 amendment redesignated former (1)(a) as present (1), former (1)(b) as present (2), and former (2) and (3) as present (3) and (4); deleted former (4), which read “It is unlawful to trap fox after the closed season for trapping of other fur-bearing animals, except on property owned or leased by the person trapping”; added (5) through (9); in the first sentence of (1), substituted “hunting, trapping and taking of nuisance” for “hunting of predatory and nuisance” and “commission” for “Mississippi Department of Wildlife, Fisheries and Parks,” and added the last sentence; substituted “other than nuisance animals” for “other than beavers, nutria, wild hogs or coyote” in (3); substituted “Nuisance animals” for “Fox and coyote” in (4); and made minor stylistic changes.

The 2014 amendment added (9) and (11) and redesignated former (9) as present (10).

The 2015 amendment added (2)(d); and extended the repealer provision from “July 1, 2016” to “July 1, 2017.”

The 2017 amendment deleted former (9), which related to the transportation or relocation of live wild hogs, redesignated former (10) as (9), and made a related change; and deleted former (11), which read: ‘This section shall stand repealed on July 1, 2017.‘

Cross References —

Mississippi Commission on Wildlife, Fisheries and Parks, see §49-4-4.

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season will begin on the preceding Saturday, see §49-7-35.

§ 49-7-32. Restrictions on hunting with dogs during turkey season.

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.

HISTORY: Laws, 1975, ch. 327, § 2(1); Laws, 2000, ch. 516, § 65, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

As to open seasons generally, see §49-7-31.

§ 49-7-33. Use of scents, lures, sound devices or supplemental feed for hunting and trapping.

  1. It is unlawful to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait, recordings of bird or animal calls, or electrically amplified imitations of calls of any kind, except a person:
    1. May use electrically amplified sound devices for hunting crow;
    2. May use liquid scents for any animal or bird;
    3. May use lures for trapping fur-bearing animals, according to regulations adopted by the commission;
    4. May take nuisance animals as provided in Section 49-7-31.5; and
    5. May take deer with the use of supplemental feed.
  2. The commission, in its discretion, may relax the restrictions regarding the use of lures or sound devices if a condition arises or exists, as decided by the State Board of Health or county board of health, that may endanger persons or livestock in a certain community, county or area.

HISTORY: Codes, 1942, § 5897; Laws, 1932, ch. 123; Laws, 1942, ch. 253; Laws, 1944, ch. 234, § 7; Laws, 1971, ch. 322, § 1; Laws, 1984, ch. 417; Laws, 1996, ch. 486, § 3; Laws, 2005, ch. 523, § 1; Laws, 2007, ch. 499, § 3; Laws, 2007, ch. 600, § 4; Laws, 2010, ch. 365, § 1, eff from and after July 1, 2010.

Joint Legislative Committee Note —

Section 2 of ch. 499, Laws of 2007, effective upon passage (approved March 27, 2007), amended this section. Section 4 of ch. 600, Laws of 2007, effective July 1, 2007 (approved April 21, 2007), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 600, Laws of 2007, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section effective on an earlier date.

Editor’s Notes —

Subsection (1) of § 2, Laws of 1975, ch. 327, amending §49-7-33, was assigned, pursuant to directions from the attorney general’s office, to new §49-7-32.

Amendment Notes —

The 2005 rewrote the section to allow the use of lures to trap furbearing animals, beaver, coyote, fox and nutria, and to allow the use of bait to trap wild hogs when there is no open hunting season for turkey or deer.

The first 2007 amendment (ch. 499), deleted “coyote and” preceding “crow” in (1)(a); deleted “beaver, coyote, fox and nutria” following “animals” in (1)(c); added (1)(d); deleted former (3), which read: “A person may use bait to trap wild hogs as defined in Section 49-7-140 during the period between the end of Spring turkey season and the beginning of deer season with bow and arrow”; and made minor stylistic changes.

The second 2007 amendment (ch. 600) made identical changes as the first 2007 amendment (ch. 499); added (1)(e); and made minor stylistic changes.

The 2010 amendment, in (1)(e), substituted “with the use of supplemental feed” for “with the aid of bait if the commission allows the use of bait as provided under Section 49-7-33.1,” and deleted the last sentence, which read: “This paragraph shall repeal on July 1, 2010.”

Cross References —

Taking deer with the use of supplemental feed, see §49-7-33.1.

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season begins on the preceding Saturday, see §49-7-35.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 49-7-33 applies to licensed and/or unlicensed hunters. 1993 Miss. Op. Att'y Gen. 92.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 49.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 10.

JUDICIAL DECISIONS

1. Constitutionality.

The statute prohibits an activity that common sensibly constitutes “baiting” and therefore, is not so vague as to be unconstitutional. Corry v. State, 710 So. 2d 853, 1998 Miss. LEXIS 128 (Miss. 1998).

§ 49-7-33.1. Taking deer with the use of supplemental feed.

    1. The Commission on Wildlife, Fisheries and Parks shall allow the taking of deer with the use of supplemental feed and may place any reasonable conditions or restrictions on such taking.
    2. The Commission on Wildlife, Fisheries and Parks shall establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the use of supplemental feed.
    3. The commission shall allow the taking of deer with the use of supplemental feed on private lands only.
  1. The commission shall take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the use of supplemental feed.
    1. The Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the supplemental feed program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism.
    2. The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the use of supplemental feed.
  2. A violation of this section or any regulation of the commission promulgated under this section shall be punishable as a Class II violation as defined in Section 49-7-143, and if the violator is a nonresident, then upon conviction, he or she shall lose the opportunity to obtain a nonresident license as defined in Section 49-7-8.

HISTORY: Laws, 2007, ch. 600, § 3; Laws, 2010, ch. 365, § 2, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment, in (1) through (3), substituted “with the use of supplemental feed” for “with the aid of bait”; in (1)(a), substituted “shall allow” for “may allow,” and inserted “reasonable”; in (1)(b), substituted “shall establish” for “may establish”; in (2), substituted “shall take any action” for “may take any action”; in (3)(a), deleted “If the commission allows the taking of deer with the aid of bait” from the beginning, and substituted “supplemental feed program” for “aid of bait program”; and in (4), substituted the language beginning “punishable as a Class II violation” through to the end for “punishable by a fine of Five Hundred Dollars ($500.00)”; and deleted (5), which read: “This section shall repeal July 1, 2010.”

Cross References —

If the time fixed by statute for the beginning of a game season falls on a Sunday, the season begins on the preceding Saturday, see §49-7-35.

§ 49-7-34. Hunting enclosures; permits; regulations; penalties for violation.

  1. The Commission on Wildlife, Fisheries and Parks shall not prohibit the operation of a hunting enclosure for hunting or pursuing rabbit, fox or coyote, but the commission may prescribe regulations and require a permit for the operation of such hunting enclosures. Application for the permit shall be submitted to the Department of Wildlife, Fisheries and Parks. The department shall inspect and approve such hunting enclosure before issuing a permit. The permit fee shall be a reasonable amount, to be determined by the commission.
  2. Such hunting enclosure shall consist of an area fully enclosed by a fence. Such fence shall be constructed in such a manner as may be prescribed by the commission.
  3. A person who violates this section or any regulation pertaining to hunting enclosures is guilty of a Class II violation and is punishable as provided in Section 49-7-143, Mississippi Code of 1972, and may, at the discretion of the commission, have his permit revoked for a period of twelve (12) months. A second or subsequent violation shall be punished by the maximum allowable fine as provided in Section 49-7-143.

HISTORY: Laws, 1993, ch. 591, § 1; Laws, 2007, ch. 516, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment added the last sentence in (3).

§ 49-7-35. Game season beginning on Sunday.

Whenever the time fixed by statute for the beginning of a game season shall fall on a Sunday, the season shall begin on the preceding Saturday.

HISTORY: Codes, 1942, § 5882.5; Laws, 1966, ch. 267, § 1, eff from and after passage (approved May 17, 1966).

Cross References —

Application of this section to special hunting season in which primitive firearms may be used, see §49-7-31.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13.

§ 49-7-37. Hunting of game with falcons or hawks, bow and arrow or primitive firearms; special open seasons on deer and small game; license fees; penalties.

  1. Any resident of this state licensed to hunt or otherwise take any legal game bird or game animal in this state by or with the use of firearms, may hunt, kill, shoot or otherwise take game animals or game birds by the use of falcons or hawks as may be prescribed by the commission and in compliance with federal guidelines.
  2. The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations.
  3. The killing by primitive firearms of an antlerless deer or any other deer protected during the regular deer season is prohibited, but the commission may designate areas of the state in which the killing of antlerless deer may be permitted or limited.
  4. The commission may make reasonable rules and regulations concerning the special seasons with falcons and hawks, bow and arrow and primitive firearms which it deems necessary and proper. The commission shall define the term “primitive firearm” for purposes of this section and other law or regulation.
  5. The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons.
  6. In addition to a hunting license allowing the taking of deer, any resident desiring to hunt deer with bow and arrow or primitive firearm during primitive weapon or archery season or special hunts established by the commission shall purchase a special resident archery and/or primitive firearms license at a fee of Fourteen Dollars ($14.00) for each license plus the fee provided in Section 49-7-17.
  7. Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.
  8. All seasons provided for herein shall begin on Saturday.

HISTORY: Codes, 1942, § 5872.5; Laws, 1958, ch. 173, §§ 1-4; Laws, 1962, ch. 190; Laws, 1968, ch. 259, § 1; Laws, 1972, ch. 454, § 1; Laws, 1973, ch. 478, § 1; Laws, 1977, ch. 468, § 2; Laws, 1978, ch. 465, § 12; Laws, 1982, ch. 435, § 9; Laws, 1985, ch. 452, § 10; Laws, 1988, ch. 435, § 12; Laws, 1989, ch. 377, § 5; Laws, 1993, ch. 463, § 4; Laws, 1994, ch. 633, § 2; Laws, 2001, ch. 347, § 1; Laws, 2002, ch. 364, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2001 amendment inserted “during primitive weapon or archery season” in (6).

The 2002 amendment inserted “or special hunts established by the commission” in (6).

Cross References —

Additional hunting and fishing fee for wildlife heritage fund, and purchase of hunting and fishing areas, see §49-5-78.

Beginning of season when statutory date falls on Sunday, see §49-7-35.

Issuance to certain handicapped persons of special license to hunt deer and small game with a crossbow, see §49-7-38.

Bag limits, see §49-7-41.

Penalties for unlawful taking of deer, see §§49-7-93,49-7-95,49-7-101.

Lifetime sportsman license, see §§49-7-151 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 47-49.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 10, 13, 14.

§ 49-7-38. Certain persons authorized to hunt with bow and arrow or crossbow during any open season on deer, turkey or small game.

  1. 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.
  2. When hunting during any gun season on deer, the hunter must comply with Section 49-7-31.1.

HISTORY: Laws, 1985, ch. 340; Laws, 1994, ch. 398, § 1; Laws, 2000, ch. 343, § 1; Laws, 2004, ch. 532, § 1; Laws, 2005, ch. 525, § 1; Laws, 2008, ch. 468, § 1; Laws, 2013, ch. 343, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2004 amendment substituted “may issue” for “is hereby authorized and empowered to issue” and “one (1) physician” for “two (2) physicians” in the first sentence of (1); and added (2), which contains a repealer for this section.

The 2005 amendment added (1)(b); and extended the date of the repealer in (2) from “July 1, 2005” until “July 1, 2008.”

The 2008 amendment deleted former (2), which read: “This section shall stand repealed from and after July 1, 2008”; and redesignated former (1)(a) and (b) as present (1) and (2).

The 2013 amendment rewrote the section, which read “(1) The commission may issue a special license to hunt deer, turkey and small game with a crossbow to any person sixty five (65) years of age or older or to any person having a disability which totally and permanently prevents the person from using a longbow or other conventional archery equipment as first certified by one (1) physician duly licensed to practice medicine in the state. The commission shall designate the fee for the license. The commission shall set the crossbow season for small game. A special licensee under this section may take deer or turkey with a crossbow during the respective seasons on deer and turkey. (2) The commission may issue a crossbow permit to hunt with a crossbow during the open seasons on deer with guns and primitive weapons. A person required to have a hunting license must have a license to take deer and turkey in order to obtain a crossbow permit. The commission shall establish a fee for the permit.”

Cross References —

Special hunt by handicapped persons in natural area at Arkabutla Lake, see §49-7-40.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

38 C.J.S. Game

Conservation and Preservation of Wildlife §§ 13, 14.

§ 49-7-38.1. Special hunting permit for youth under age 18 who have life threatening illnesses.

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

HISTORY: Laws, 2010, ch. 339, § 1, eff from and after July 1, 2010.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in the fourth sentence of (1) by deleting the words “any other seasons” from the end of the sentence. The Joint Committee ratified this correction at its August 16, 2012, meeting.

§ 49-7-39. Special hunt for youth and persons with disabilities in Natchez State Park; primitive weapon season in Natchez State Park; commission may establish such hunts in other state parks; commission may authorize special youth hunts for nonmigratory birds; special hunting season for youth to run concurrently with primitive weapon season on deer.

  1. The commission shall establish a special hunting season for youth under the age of sixteen (16) and for handicapped persons in the Natchez State Park. The commission shall also establish a primitive weapon season in the Natchez State Park. The selection of participants in the primitive weapon season shall be by public drawing from all qualified applications. The commission shall set the number of permits to be issued and the length of the special seasons.
  2. The commission may also establish a special hunting season for youth and handicapped persons or a primitive weapon season as provided in this section in any other state park under the jurisdiction of the department but shall only do so upon the recommendation of the staff of the department as approved by the commission. The commission shall select participants and set the number of permits to be issued and the length of the special seasons.
  3. The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands.
  4. The commission shall establish and regulate a special hunting season for youth under the age of sixteen (16) to run concurrently with the primitive weapons season on deer.

HISTORY: Laws, 2005, ch. 529, § 5 eff from and after July 1, 2005; Laws, 2008, ch. 552, § 1, eff from and after July 1, 2008.

Editor’s Notes —

Former §49-7-39 regulated the operation of deer camps during deer hunting season.

A former §49-7-39 [Codes, 1942, § 5899.5; Laws, 1950, ch. 223, §§ 1-6; Am Laws, 1985, ch. 452, § 11; Repealed by Laws 1989, ch. 332, § 1, eff from and after July 1, 1989] regulated the operation of deer camps during deer hunting season.

Amendment Notes —

The 2008 amendment added (4).

§ 49-7-40. Special hunt by handicapped persons in natural area at Arkabutla Lake.

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

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

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

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

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

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

Any other actions the commission and the U.S. Corps of Engineers deem necessary for a safe and productive hunt.

HISTORY: Laws, 1993, ch. 367, § 1; Laws, 1997, ch. 361, § 1, eff from and after July 1, 1997.

Cross References —

Beginning of season when statutory date falls on Sunday, see §49-7-35.

Crossbow hunting license for handicapped persons, see §49-7-38.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 29 et seq.

§ 49-7-41. Bag limits.

  1. The commission may set the bag limits for game animals, birds and fish, unless the bag limits are established by the Legislature by statute.
  2. The commission shall have plenary authority to set the bag limits for white-tailed deer, and promulgate any regulations necessary to facilitate the exercise of that authority, consistent with best management practices, scientific data and subject to all existing applicable laws, rules and regulations of this state or the United States of America.
  3. The bag limit on antlerless deer set by the commission as authorized in this section shall not apply to private lands under the deer management assistance program or the fee-based antlerless program as approved by the department.

HISTORY: Codes, 1942, § 5908; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1956, ch. 153; Laws, 1966, ch. 266, § 1; Laws, 1970, ch. 288, § 1; Laws, 1975, ch. 375; Laws, 1990, ch. 448, § 1; Laws, 1992, ch. 453, § 2; Laws, 1994, ch. 633, § 3; Laws, 1995, ch. 592, § 2; Laws, 1999, ch. 502, § 1; Laws, 2000, ch. 527, § 1; Laws, 2003, ch. 368, § 1; Laws, 2005, ch. 522, § 1; Laws, 2009, ch. 510, § 2; Laws, 2014, ch. 306, § 1, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in paragraph (b) of subsection (2) and in subsection (3). The word “anterless” was changed to “antlerless” in the appropriate locations. The Joint Committee ratified the corrections at its May 20, 1998 meeting.

Editor’s Notes —

Laws of 2003, ch. 368, § 2, provides:

“SECTION 2. (1) The Department of Wildlife, Fisheries and Parks shall conduct a study of the feasibility of establishing a procedure which requires any person who takes or harvests any deer to physically mark or identify each deer taken by means of a tag or similar method. The department shall complete its study and file a report of its findings and recommendations with the Chairman of the House Game and Fish Committee and the Chairman of the Senate Wildlife, Fisheries and Parks Committee not later than January 15, 2004.

“(2) The Department of Wildlife, Fisheries and Parks shall conduct a study on the effects of extending the deer hunting season to January 31. The report shall not be limited to reducing the number of days at the beginning of the season for the purpose of adding days at the end of January, nor shall the report prohibit the establishment of zones for deer season opening and closing dates. The department shall complete its study and file a report of its findings and recommendations with the Secretary of the Senate and the Clerk of the House no later than January 1, 2004.”

Amendment Notes —

The 2003 amendment deleted the repealer provision in (1), which provided for the repeal of that subsection on July 1, 2004; rewrote (2)(a); inserted present (2)(b); redesignated former (2)(b), (2)(c), and (3) as present (3)(a), (3)(b), and (4); and added (5), containing a repealer for this section.

The 2005 amendment substituted “paragraphs (b) and (c)” for “paragraph (b)” in the last sentence of (2)(a); in (2)(b), deleted “with less than four (4) points” following “Any antlered deer” in the first and third sentences; added (2)(c); deleted former (5) which read: “This section shall stand repealed on July 1, 2005”; and made minor stylistic changes throughout.

The 2009 amendment, in (2)(a), substituted the present last sentence for the former last sentence, which read: “An antlered deer must have antlers of four (4) points or greater to be taken except as provided in paragraphs (b) and (c) of this subsection”; substituted “the department” for “the Department of Wildlife, Fisheries and Parks” in the second sentence of (2)(b); added (2)(c); and in (3)(a), substituted “not to exceed five (5) per license year” for “not to exceed three (3) per license year” and deleted “except that two (2) additional antlerless deer per license year may be taken with a bow and arrow” thereafter.

The 2014 amendment, rewrote (2), deleted former (3), and redesignated former (4) as present (3).

Cross References —

Exclusion of deer taken by bow and arrow, see §49-7-37.

Antler restrictions in this section do not apply to deer management zones with antler resrictions, see §49-7-96.

Illegality of hunting or taking migratory waterfowl without procuring migratory waterfowl stamp and having such stamp in one’s possession, see §49-7-163.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 50.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

36A C.J.S., Fish §§ 30-34.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 8.

§ 49-7-42. Training bird dogs through use of release pens and tamed and identified quail.

It is lawful at all times for any person, upon the issuance of a permit by the commission, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the commission and upon payment of the sum of Three Dollars ($3.00) each. The permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds shall be conducted under the rules and regulations of the commission. The tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.

HISTORY: Laws, 1975, ch. 391; Laws, 2000, ch. 516, § 66, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Penalty for unlawful shipping of quail or other game birds, see §49-7-101.

§ 49-7-43. Regulation of certain Mississippi lands purchased by federal government.

The executive director shall have authority to close all hunting and fishing within the lands contracted for with the federal government pursuant to the provisions of Section 49-5-23 for such period of time as may, in the opinion of the executive director, be necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, to fix the amount of fees required for special hunting licenses and to issue such licenses, to prescribe the number of animals and game, fish and birds that shall be taken therefrom and the size thereof, and to prescribe the conditions under which the same may be taken.

Any person violating any of the rules so promulgated by the executive director, or who shall hunt or fish upon such lands at any time, other than those times specified by the executive director, shall, upon conviction therefor be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each and every offense.

HISTORY: Codes, 1942, § 5926; Laws, 1938, ch. 179; Laws, 2000, ch. 516, § 67, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Fines and penalties for other offenses, see §49-7-101.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 32.

CJS.

36A C.J.S., Fish §§ 24-26.

§ 49-7-45. Certain acts declared unlawful; dismissal upon proper proof of actions for failure to register or possess boat’s registration card.

  1. It is unlawful for any person:
      1. 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;
      2. To hunt, take, kill or wound any game animal or game bird with a gun larger than 10 gauge;
      3. To hunt, take, wound or shoot at any game bird:
        1. 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
        2. From any sinkbox or battery except in waters of the Gulf Coast.
    1. To wound, drown, shoot, capture, take or otherwise kill any deer from a boat.
    2. To lend or transfer or borrow or to use or display while hunting, trapping or fishing, a license or tag of another.
    3. To aid in the securing of a license for or to knowingly issue a license for any person not legally entitled to same.
    4. 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.
    5. To hunt or trap any birds, game or wild animals during the closed season.
    6. 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.

HISTORY: Codes, 1942, § 5883; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1944, ch. 234, § 5; Laws, 1954, ch. 170; Laws, 1980, ch. 419; Laws, 1985, ch. 452, § 12; Laws, 1993, ch. 521, § 3; Laws, 1994, ch. 408, § 2; Laws, 1998, ch. 381, § 1, eff from and after July 1, 1998.

Cross References —

Application of this section for making of materially false statement in application for lifetime license, see §49-7-153.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

ALR.

Liability for injury to property inflicted by wild animal. 57 A.L.R.2d 242.

Right to kill game in defense of person or property. 93 A.L.R.2d 1366.

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

CJS.

36A C.J.S., Fish §§ 24-26.

JUDICIAL DECISIONS

1. In general.

2. Evidence.

1. In general.

Code §49-7-45 which prohibits killing of any animal unless it is in defense of person or property or during open season with a hunting license cannot reasonably be read or construed to mean that the legislature specifically provided that dogs shall be hunted during the open deer season and that the regulation adopted by the Mississippi Commission on Wildlife Conservation making it unlawful to use dogs for hunting deer is in conflict with an express legislative act. Strong v. Bostick, 420 So. 2d 1356, 1982 Miss. LEXIS 2170 (Miss. 1982).

2. Evidence.

Evidence was insufficient to support a conviction for hunting deer during the closed season where there was no evidence of (a) the presence of the defendant at the scene, (b) a nexus between his gun and the slaughtered deer, and (c) a factual connection between the slaughtered deer, trails of blood leading from the defendant’s truck, and blood and hair found in the bed of the truck. Hodnett v. State, 788 So. 2d 102, 2001 Miss. App. LEXIS 202 (Miss. Ct. App. 2001).

§ 49-7-47. Restrictions on hunting or catching alligators.

  1. The commission may control, regulate and manage the taking of all alligators.
  2. Residents and nonresidents shall be required to purchase a combination hunting and fishing license to hunt, kill or catch any alligator for sporting purposes.
  3. Residents and nonresidents shall be required to obtain a special permit to hunt, kill, catch or possess any alligator for commercial purposes. The commission may establish a reasonable fee for an annual special sporting permit, not to exceed Two Hundred Dollars ($200.00), and may prescribe regulations governing commercial trade in alligators. Any reasonable fee established for an annual special commercial permit shall not exceed Five Hundred Dollars ($500.00). Such permit shall be good from the date of its issuance to June 30 following its date.
  4. Any person violating this section is guilty, upon conviction, of a Class I offense and is punishable as provided in Section 49-7-141.

HISTORY: Codes, 1942, § 5883.5; Laws, 1962, ch. 186, §§ 1-4; Laws, 1985, ch. 452, § 13; Laws, 1987, ch. 430; Laws, 1989, ch. 359, § 1; Laws, 2000, ch. 516, § 68; Laws, 2004, ch. 341, § 1; Laws, 2006, ch. 369, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2004 amendment substituted “common snapping turtles” for “alligator turtles” throughout the section.

The 2006 amendment deleted all references to common snapping turtles throughout the section.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

§ 49-7-49. Prima facie evidence of hunting, trapping, or fishing.

For the purpose of this chapter, the fact that any person shall be found in the possession of a trap, fishing tackle, or other device of any description whatsoever used for the purpose of taking wild animals, wild birds or fish in the natural habitat of such animals, birds, or fish, or in the possession of dead bodies of wild birds, wild animals or fish within the field, in the forests or on the public highways or on the waters of this state, shall be prima facie evidence that such person is or has been hunting, trapping, or fishing.

HISTORY: Codes, 1942, § 5884; Laws, 1932, ch. 123.

Cross References —

Penalties for conviction of Class II violation, see §49-7-143.

OPINIONS OF THE ATTORNEY GENERAL

Section 49-7-49 should not be used to replace subsection (1) of Section 97-15-13 during closed seasons on deer and turkey; Section 49-7-49 would apply to Section 97-15-13 in cases whereby suspect was in possession of dead bodies of wild birds or wild animals while on public highways, at which time it would be prima facie evidence that such person was hunting. 1993 Miss. Op. Att'y Gen. 376.

RESEARCH REFERENCES

ALR.

Validity and effect of making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation of law. 81 A.L.R.2d 1093.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 55.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 19.

36A C.J.S., Fish § 49.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 19.

JUDICIAL DECISIONS

1. In general.

Evidence was sufficient under this section to establish that the defendant was committing the misdemeanor of hunting without a license in the presence of a game warden where, though the defendant had no game and claimed that he was only hunting snakes, he had no license and was found carrying a shotgun in woods near where the game warden heard shotgun fire. ConAgra, Inc. v. Mills, 330 So. 2d 580, 1976 Miss. LEXIS 1859 (Miss. 1976).

§ 49-7-51. Sale of game birds, animals or fish.

    1. It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish, or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation.
    2. It is lawful for the following items to be bought and sold in accordance with the rules and regulations promulgated by the commission:
      1. The skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;
      2. Any part of a wild turkey, except the meat; and
      3. Any parts of nuisance animals.
    3. Mounted game animals, birds and fish may not be sold, purchased or leased.
    4. A violation of this subsection is a Class I violation and is punishable as provided in Section 49-7-141.
  1. Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141.

HISTORY: Codes, 1942, § 5885; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1948, ch. 255, § 7; Laws, 1983, ch. 323, § 1; Laws, 1985, ch. 452, § 3; Laws, 1995, ch. 339, § 1; Laws, 1999, ch. 562, § 1; Laws, 2002, ch. 427, § 1; Laws, 2006, ch. 370, § 1; Laws, 2007, ch. 479, § 1, eff from and after passage (approved Mar. 27, 2007.).

Amendment Notes —

The 2002 amendment rewrote the second sentence in (1).

The 2006 amendment added the next-to-last sentence in (1).

The 2007 amendment rewrote (1).

Cross References —

Penalty for conviction, see §49-7-141.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13.

36A C.J.S., Fish § 34.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 9, 13.

§ 49-7-53. Shipment and other transportation of game birds, animals or fish.

  1. It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.
  2. No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following in accordance with rules and regulations promulgated by the commission:
    1. Rabbits;
    2. The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and thirty (30) days thereafter;
    3. Skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;
    4. Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9;
    5. Any part of a wild turkey, except the meat; and
    6. The meat, hide or any other body parts of nuisance animals.
  3. The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.
  4. A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41.

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

  5. A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

HISTORY: Codes, 1942, § 5886; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1974, ch. 569, § 20; Laws, 1983, ch. 323, § 2; Laws, 1985, ch. 452, § 4; Laws, 1990, ch. 336, § 1; Laws, 1995, ch. 339, § 2; Laws, 1997, ch. 370, § 2; Laws, 2002, ch. 427, § 2; Laws, 2007, ch. 479, § 2; Laws, 2013, ch. 514, § 2, eff from and after July 1, 2013.

Amendment Notes —

The 2002 amendment added the language beginning “and products crafted” in (2)(c).

The 2007 amendment, in (2), added “in accordance with rules and regulations promulgated by the commission” at the end of the first paragraph, inserted “bones or” preceding “antlers” and deleted “in accordance with rules and regulations promulgated by the Commission on Wildlife, Fisheries and Parks” following “not in velvet” in (c), added (e) and (f), and made minor stylistic changes.

The 2013 amendment substituted “thirty (30) days” for “ten (10) days” in (2)(b).

Cross References —

Penalty for unlawful shipping of quail or other game birds, see §49-7-101.

Penalty for conviction, see §49-7-141.

RESEARCH REFERENCES

ALR.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself. 44 A.L.R.3d 1008.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 51.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 11.

36A C.J.S., Fish § 38.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 11.

§ 49-7-54. Importation and translocation of white-tailed deer into state prohibited; exception for university research facilities; commission to establish regulations governing importation with emphasis on disease prevention; penalties.

  1. It is unlawful to import and translocate live white-tailed deer into this state, except that university research facilities may import live white-tailed deer upon prior approval of the commission. The commission shall establish regulations governing the importation of white-tailed deer with emphasis on preventing the introduction of diseases.
  2. A person who violates this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

HISTORY: Laws, 2002, ch. 377, § 1; Laws, 2003, ch. 516, § 6, eff from and after passage (approved Apr. 19, 2003.).

Amendment Notes —

The 2003 amendment added (2).

§ 49-7-55. Unlawful to possess, etc.

It shall be unlawful for any restaurant, hotel, club, or other public eating place to knowingly have in its possession, or to offer for sale to its patrons any game birds, game animals, or game fish enumerated in this chapter, whether taken within or coming from without the state, except that any such public eating place may prepare and serve game birds, game animals, or game fish to any persons who have legally killed or taken same.

HISTORY: Codes, 1942, § 5887; Laws, 1932, ch. 123.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13.

36A C.J.S., Fish § 34.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 9, 13.

§ 49-7-56. Restaurants permitted to prepare and serve recreationally caught finfish to persons who caught the fish.

It is lawful for any restaurant to possess, prepare and serve lawfully, recreationally caught marine finfish to the persons who caught the finfish.

HISTORY: Laws, 2014, ch. 418, § 1, eff from and after July 1, 2014.

§ 49-7-57. Possession of lawfully taken game animal, bird or fish; unlawful possession prohibited.

Any game animal, bird or fish lawfully taken may be possessed during the open season and during the closed season. Any game animal, bird or fish unlawfully taken may not be possessed at any time.

HISTORY: Codes, 1942, § 5892; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1944, ch. 234, § 6; Laws, 1946, ch. 402, § 1; Laws, 1996, ch. 481, § 1; Laws, 2005, ch. 389, § 1, eff from and after passage (approved Mar. 16, 2005.).

Amendment Notes —

The 2005 amendment added the second sentence.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

36A C.J.S., Fish §§ 30-33.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 8.

§ 49-7-58. Temporary moratorium on importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease; penalties; authority of commission.

    1. In addition to the ban on importing white-tailed deer under Section 49-7-54, there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture.
    2. Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141. Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141. A second or subsequent violation under this section shall be punished by the maximum fine under Section 49-7-141. The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state.
  1. It shall be the duty of the Commissioner of Agriculture and Commerce, the Board of Animal Health, the State Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the Department of Wildlife, Fisheries and Parks to consult and coordinate efforts on matters related to chronic wasting disease, the prevention of the introduction of chronic wasting disease in the state and to ensure the health and safety of the public and wildlife.
  2. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary authority in matters related to the importation of white-tailed deer, white-tailed deer in enclosures, and prevention of the introduction of chronic wasting disease into the native wildlife population.

HISTORY: Laws, 2003, ch. 516, § 2; Laws, 2007, ch. 516, § 2, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 2003, ch. 516, § 1, provides:

“SECTION 1. The Legislature finds Chronic Wasting Disease (CWD) is a transmissible spongiform encephalopathy currently known to infect free-ranging deer and elk in Colorado, Wyoming, Nebraska, New Mexico and Wisconsin. The disease has also infected farmed elk herds in South Dakota, Montana, Nebraska, Colorado, Kansas and Oklahoma. With the discovery of CWD in free-ranging deer on the east side of the Mississippi River and the transport of CWD-exposed elk to numerous states, CWD has become a national concern.

“Little is known about the biology and pathogenesis of CWD, including how the disease agent enters the animal, how it multiplies in the body, how it causes disease and how it is transmitted. These significant research and knowledge gaps regarding the fundamental characteristics of the disease greatly impede plans to control the disease. The only effective control has been the destruction of captive cervids and the depopulation of wild cervids in large geographical areas. Because of the urgency of the situation and the potential devastating effects on the native wildlife and recreational economies of the states, the United States Department of Agriculture had formed a task force to control and eradicate this disease. Preventing the introduction of the disease and enhancing early detection are a major emphasis of the task force. Diagnostic testing, monitoring of enclosures, inspections of farmed cervids and sampling of cervid populations are critical components of the detection and prevention programs. In addition, many states have imposed emergency statewide moratoriums on the importation of cervids. There has been a proliferation of unregulated wildlife enclosures in Mississippi. Because of the potential devastating effect on native wildlife and the recreational economy dependent on wildlife, the urgency of the situation, and the need to ensure the health and safety of native wildlife and domestic animals, the Legislature finds that a temporary emergency moratorium and chronic wasting disease legislation is warranted and in the public interest.”

Amendment Notes —

The 2007 amendment added the third sentence in (1)(b).

§ 49-7-58.1. Regulation of enclosures preventing free egress of white-tailed deer.

  1. The owner of any enclosure containing white-tailed deer that prevents the free egress of white-tailed deer from the enclosed area shall notify and register with the Department of Wildlife, Fisheries and Parks. The person shall give his name, the location of the enclosure, the acreage within the enclosure, and whether any deer have been imported into the state and placed in the enclosure, and any other information required by the Commissioner on Wildlife, Fisheries and Parks.
  2. Persons who constructed an enclosure prior to July 1, 2003, shall have until January 1, 2004, to notify and provide the information required under this section. The person shall use acceptable hunting and wildlife management practices as may be determined by the department.
  3. The owner of such an enclosure shall comply with any testing of white-tailed deer harvested within the enclosure as may be required by the department. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the owner of such enclosure shall allow department personnel to enter the enclosure to utilize lethal collection methods to obtain tissue samples for testing. If chronic wasting disease is diagnosed within the enclosure, the owner shall allow department personnel to enter the enclosure and depopulate the white-tailed deer within the enclosure.
  4. A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

HISTORY: Laws, 2003, ch. 516, § 7; Laws, 2007, ch. 516, § 3, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment deleted “Class II violation and is punishable as provided in Section 49-7-143. A second or subsequent violation of this section is a” following “A violation of this section is a” in (4).

§ 49-7-58.2. Program of inspecting, monitoring, testing and preventing chronic wasting disease.

  1. The Department of Wildlife, Fisheries and Parks shall develop and implement a program for inspecting, monitoring, testing and preventing chronic wasting disease. The Department of Wildlife, Fisheries and Parks is authorized to require the chronic wasting disease testing of white-tailed deer harvested within any enclosure. If chronic wasting disease is diagnosed in white-tailed deer within an enclosure, the department is authorized to enter the enclosure and depopulate the white-tailed deer within the enclosure. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the department is authorized to enter the enclosure and utilize lethal collection methods to obtain tissue samples.
  2. If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.

HISTORY: Laws, 2003, ch. 516, § 8, eff from and after passage (approved Apr. 19, 2003.).

§ 49-7-58.3. Regulation of hunting of nonnative cervids in noncommercial wildlife enclosures.

  1. The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25.
  2. A violation of this section is a Class I violation and punishable as provided in Section 49-7-141.

HISTORY: Laws, 2003, ch. 516, § 10; reenacted and amended, Laws, 2005, ch. 530, § 1; Laws, 2007, ch. 399, § 1; Laws, 2009, ch. 523, § 1; Laws, 2012, ch. 326, § 1; Laws, 2012, ch. 422, § 1; Laws, 2014, ch. 305, § 1, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 326, Laws of 2012, effective July 1, 2012 (approved April 13, 2012), amended this section. Section 1 of ch. 422, Laws of 2012, effective from and after passage (approved April 18, 2012), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 16, 2012, meeting of the Committee.

Amendment Notes —

The 2005 amendment reenacted and amended the section by extending the date of the repealer in (2) from “July 1, 2005” until “July 1, 2007.”

The 2007 amendment extended the date of the repealer for the section from July 1, 2007 until July 1, 2009.

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The first 2012 amendment (ch. 326), extended the repealer provision in (2) from “July 1, 2012” to “July 1, 2014.”

The second 2012 amendment (ch. 422), deleted “on Wildlife, Fisheries and Parks” following “The commission” at the beginning of (1); added (2); redesignated former (2) as (3); and extended the repealer provision from “July 1, 2012” to “July 1, 2014” at the end of (3).

The 2014 amendment deleted (3), which read: “This section shall repeal on July 1, 2014.”

§ 49-7-58.4. Regulation of commercial and noncommercial wild animal enclosures and facilities preventing free ingress and egress of native and nonnative cervids.

  1. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary power to regulate all commercial and noncommercial wild animal enclosures in order to conserve and protect native wildlife for all citizens to enjoy and to protect our recreational economy dependent on native wildlife resources.
  2. The Commission on Wildlife, Fisheries and Parks shall regulate any facility that prevents the free ingress and egress of native or nonnative cervids as the same are defined by the commission. The commission may promulgate rules and regulations requiring the issuance of permits and the payment of a reasonable fee therefor. Regulations promulgated under this authority must have a majority vote of the commission to be adopted.

HISTORY: Laws, 2006, ch. 601, § 1; Laws, 2009, ch. 523, § 2; Laws, 2012, ch. 326, § 2; Laws, 2014, ch. 305, § 2, eff from and after July 1, 2014.

Amendment Notes —

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment extended the repealer provision in (3) from “July 1, 2012” to “July 1, 2014.”

The 2014 amendment deleted (3), which read: “This section shall repeal on July 1, 2014.”

§ 49-7-59. Hours for hunting.

  1. It is unlawful for any person to hunt any wild animal or wild bird during the night from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, either with or without the use of a light, except:
    1. Beavers, bobcats, fox, opossums, nutria and raccoons; and
    2. Coyotes by a landowner, agricultural leaseholder or his designated agent on lands owned or leased by the owner or leaseholder.
  2. The commission shall prescribe the weapons that may be used to hunt game under this section.
  3. A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143.

HISTORY: Codes, 1942, § 5893; Laws, 1932, ch. 123; Laws, 1968, ch. 260, § 1; Laws, 1980, ch. 516; Laws, 1985, ch. 452, § 14; Laws, 1996, ch. 486, § 4; Laws, 2005, ch. 373, § 3, eff from and after passage (approved Mar. 15, 2005.).

Amendment Notes —

The 2005 amendment inserted “nutria” in (1)(a).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 48, 49.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 8, 10.

§ 49-7-61. Hunting on Sabbath.

If any person shall hunt within one-fourth (1/4) mile of any church on Sunday while worship services are being held, he shall, on conviction be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

HISTORY: Codes, 1857, ch. 64, art. 229; 1871, § 2683; 1880, § 2952; 1892, § 1294; 1906, § 1369; Hemingway’s 1917, § 1105; 1930, § 1134; 1942, § 2371; Laws, 1983, ch. 356, eff from and after July 1, 1983.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

36A C.J.S., Fish §§ 30-33.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 8.

§ 49-7-63. Use of traps, nets, etc., prohibited.

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.

HISTORY: Codes, 1942, § 5894; Laws, 1932, ch. 123.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 49.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 10.

§ 49-7-65. Unlawful to hunt, when.

Except as provided in this chapter, it is unlawful for any person to hunt, trap, take, kill, wound or capture, or attempt to hunt, trap, take, kill, wound or capture any fur-bearing animals except during the open season prescribed by law or regulation. However, mink may be hunted with dogs during the season for taking of fur-bearing animals on payment of trapper’s license fee by person so hunting mink with dogs.

HISTORY: Codes, 1942, § 5888; Laws, 1932, ch. 123; Laws, 1954, ch. 176, § 1; Laws, 2005, ch. 489, § 2; Laws, 2013, ch. 514, § 3, eff from and after July 1, 2013.

Amendment Notes —

The 2005 amendment, in the first sentence, substituted “it is unlawful” for “it shall be unlawful,” deleted “enumerated in this chapter” following “fur-bearing animals,” and substituted “after the close of the open season” for “thereafter” following “during the open season and ten (10) days.”

The 2013 amendment deleted “or to have in his possession the green pelt of any such animal except during the open season and ten (10) days after the close of the open season” at the end of the first sentence.

Cross References —

Beginning of season when statutory date falls on Sunday, see §49-7-35.

Hunting with bow and arrow, see §49-7-37.

RESEARCH REFERENCES

ALR.

Entrapment with respect to violation of fish and game laws. 75 A.L.R.2d 709.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 8, 9, 13.

§ 49-7-67. Unlawful to sell, when.

It shall be unlawful for any person to buy, sell or offer for sale the pelt of any fur-bearing animal knowing that the same has been unlawfully taken.

HISTORY: Codes, 1942, § 5889; Laws, 1932, ch. 123.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13.

§ 49-7-68. Unlawful to engage in computer-assisted remote hunting; penalties.

  1. For purposes of this section:
    1. “Computer-assisted remote hunting” means the use of a computer or any other device, equipment or software to remotely control the aiming and discharge of archery equipment, firearms or primitive firearms to take any game animal or bird.
    2. “Facility for computer-assisted remote hunting” means the real property and improvements on the property to facilitate computer-assisted remote hunting.
    1. It is unlawful for a person to engage in computer-assisted remote hunting.
    2. It is unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state.
  2. A person violating this section is guilty of a Class I offense and shall be punished as provided under Section 49-7-141. Each game animal or bird killed in the violation of this section is a separate offense.

HISTORY: Laws, 2006, ch. 418, § 1, eff from and after July 1, 2006.

§ 49-7-69. Use of explosives and chemicals prohibited.

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.

HISTORY: Codes, 1942, § 5890; Laws, 1932, ch. 123.

Cross References —

Penalties for taking fish by explosives or chemicals, see §§49-7-81,49-7-83.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 49.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 10.

36A C.J.S., Fish § 35.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 10.

§ 49-7-71. Unlawful to disturb traps.

It shall be unlawful for any person to disturb the traps of another or to take any fur-bearing animals from them unless specifically authorized by the owner and any person so doing shall be guilty of larceny, or trespass as the case may be, and punishable as provided by law.

HISTORY: Codes, 1942, § 5891, Laws, 1932, ch. 123.

§ 49-7-73. Unlawful to disturb nests or eggs.

It shall be unlawful to needlessly disturb or to destroy the nests of birds or their eggs. A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143.

HISTORY: Codes, 1942, § 5895: Laws, 1932, ch. 123; Laws, 1985, ch. 452 § 15, eff from and after July 1, 1985.

Cross References —

Issuance of permits for scientific purposes, see §49-1-41.

Exclusion of nests or eggs of certain birds, see §49-5-7.

Destruction of nests or eggs of birds on refuges, see §49-5-19.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 31.

§ 49-7-75. Unlawful to fire woods, when.

It shall be unlawful during the nesting season of game birds for any person to set fire to the woods or fields other than on his own premises for the purpose of driving wild animals or birds out of fields or forests.

HISTORY: Codes, 1942, § 5896; Laws, 1932, ch. 123.

Cross References —

Charging grand jury with respect to forest fire law, see §13-5-47.

Prosecution for violation of laws for protection of birds, see §49-5-45.

Penalties for conviction of Class II violation, see §49-7-143.

Uncontrolled fire as a nuisance, see §49-19-25.

§ 49-7-77. Game protected during high water or fire.

It shall be unlawful to hunt, trap, take, frighten, or kill game or fur-bearing animals forced out of their natural habitat by high water or fire until they have been permitted to return to such habitat by recession of such water, or the extinguishing of such fire.

All quail shall be protected from all hunting when the ground is covered by snow or when forced out of their natural habitat by high water or fire until they have been permitted to return to such habitat by the recession of such water or the extinguishing of such fire.

HISTORY: Codes, 1942, § 5898; Laws, 1932, ch. 123; Laws, 1936, ch. 221; Laws, 1964, ch. 232, eff from and after passage (approved June 11, 1964).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

§ 49-7-78. Canned hunts prohibited.

For purposes of this section, the term “canned hunts” means the practice of providing a hunting opportunity under controlled conditions in which native game animals hunted may not have a reasonable opportunity to avoid the hunter. Canned hunts are prohibited in the state. The commission shall adopt regulations it deems necessary to prohibit and control such hunts. Nothing in this section shall prohibit the operation of private shooting preserves or commercial wildlife enclosures as authorized by statute.

HISTORY: Laws, 2002, ch. 360, § 1, eff from and after July 1, 2002.

§ 49-7-79. Unlawful to hunt on lands of others, when.

It shall be unlawful to hunt, shoot, or trap or otherwise trespass on the lands or leases of another after having been warned not to do so, whether in person or by posting of suitable notice in conspicuous places on such lands.

HISTORY: Codes, 1942, § 5899; Laws, 1932, ch. 123.

Cross References —

Posting of refuges, see §49-5-19.

Penalties for trespass upon lands of another, see §§97-17-85 et seq.

RESEARCH REFERENCES

ALR.

Entry on private lands in pursuit of wounded game as criminal trespass. 41 A.L.R.4th 805.

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 16.

CJS.

38 C.J.S., Game § 3.

§ 49-7-80. Releasing aquatic species or animals not indigenous to Mississippi without permit.

No person shall stock, place, release or cause to be released into any of the public waters of the state any aquatic species without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. No person shall release or cause to be released within this state, any animal not indigenous to Mississippi without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. The department may issue or deny a permit after it completes a study of the species to determine any detrimental effect the species might have on the environment.

The department shall establish and maintain a list of approved, restricted and prohibited species and establish rules governing importation, possession, sale and escape of those species.

This section shall not prohibit the practice of catch and release of native fish species or the release of native fish bait species.

A person violating this section is guilty of Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141.

HISTORY: Laws, 1998, ch. 360, § 1, eff from and after July 1, 1998.

§ 49-7-81. Unlawful methods of taking fish; exceptions; penalties.

  1. It is unlawful to take or kill game fish in any manner other than by hook and line with one or more hooks, or by use of a trot or troll line. Dip or landing nets may be used when landing a fish caught by hook and line, trot or troll lines. Shad and minnows may only be taken as bait with the aid of a dip or landing net, cast nets, boat-mounted scoops and wire baskets by residents for personal use in sportfishing. However, in private ponds or borrow pits or overflow ponds which go dry in summer and cut off from the regular streams, dip nets may be used for capturing or rescuing game fish. It is unlawful to kill or take fish of any species at any time or anywhere by mudding, or by the use of lime, poison, dynamite, India berries, weeds and walnuts, giant powder, gunpowder, or any other explosive, and no nongame gross fish shall be taken by the use of nets, seines or traps for personal use without a commercial fishing license. It is unlawful to set any freshwater commercial fishing equipment so that it extends more than halfway across the width of any stream, channel, drain or other body of water, and if commercial fishing equipment is placed in water, each piece of equipment shall be placed at least one hundred (100) yards apart. The commission shall have the authority to fix the minimum size mesh for use in barrel nets, hoop nets and seines for use in the freshwaters of this state regulated by the Commission on Wildlife, Fisheries and Parks. This authority given the commission shall not be extended to the regulation of mesh size for use in marine waters. Notwithstanding anything in this or any other section to the contrary, any person in Mississippi fishing with barrel nets, hoop nets or seines in any waters of common boundary between Mississippi and another state may use a mesh size in such nets which is the same as the mesh size allowed in the other state, where the other state allows a mesh size in such nets which is smaller than the mesh size otherwise allowable in Mississippi.
  2. It is unlawful for any person to catch or destroy fish by the use of dynamite, gunpowder or other explosive substance.
  3. It is unlawful for any person to use a telephone, battery or any other electrically operated device for the purpose of killing or capturing fish.
  4. It is unlawful for any person to use any chemical of any kind in any stream or any lake where the public fishes for the purpose of killing or taking fish, except that this provision shall not be construed to apply to any owner of any fish pond using such chemical in his own private pond.
  5. It is unlawful for any person to poison any fish by mingling in the water any substance calculated and intended to stupefy or destroy fish.
  6. It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission.
  7. Any hoop net, barrel net, seine, gill net, slat baskets, trammel net or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and shall be subject to forfeiture.
  8. Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section is guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141.

HISTORY: Codes, 1871, § 2876; 1880, § 2935; 1892, §§ 1092, 1253; 1906, §§ 1173, 1329; Hemingway’s 1917, §§ 902, 1062; 1930, §§ 929, 1093; 1942, §§ 2158, 2326, 5900; Laws, 1886, p. 71; Laws, 1932, ch. 123; Laws, 1938, ch. 178; Laws, 1942, chs. 250, 254; Laws, 1948, ch. 255, § 8; Laws, 1952, ch. 189; Laws, 1980, ch. 362; Laws, 1985, ch. 452, § 5; Laws, 1988, ch. 381; Laws, 1998, ch. 409, § 2; Laws, 2003, ch. 402, § 1; Laws, 2008, ch. 471, § 1, eff from and after July 1, 2008.

Amendment Notes —

The 2003 amendment, in (1), rewrote the fifth sentence; redesignated former (6) as present (6) and (7), and former (7) as present (8); and made minor stylistic changes throughout the section.

The 2008 amendment, in (1), substituted the present seventh sentence for the former seventh sentence, which read: “The commission shall not have authority to fix a minimum size mesh of more than three (3) inches for use in barrel nets, hoop nets and seines,” added the eighth sentence, and made minor stylistic changes.

Cross References —

Game fish defined, see §49-7-1.

Prohibition against use of explosives and chemicals in taking fish, see §49-7-69.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

ALR.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond. 15 A.L.R.2d 754.

Entrapment with respect to violation of fish and game laws. 75 A.L.R.2d 709.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 49.

CJS.

36A C.J.S., Fish § 35.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 5900 cited argument-atively as indicating a legislative intent to require fishing licenses for fishing in privately owned ponds. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

Defendants held entitled to instruction that seining in a place cut off from other bodies of water and usually becoming dry in summer is not unlawful. Ray v. State, 159 Miss. 887, 132 So. 755, 1931 Miss. LEXIS 95 (Miss. 1931).

The law does not authorize the seining of lakes which constitute part of a watercourse and which run during a portion of the year unless the ponds usually go dry in dry seasons of the year, since the public are entitled to have the game fish protected where they move from place to place during the season when the stream is a running stream, but where an overflow lake or pond usually goes dry, the fish will be lost to the public and be destroyed. Ray v. State, 159 Miss. 887, 132 So. 755, 1931 Miss. LEXIS 95 (Miss. 1931).

The state has the right to regulate the time, manner and extent of the taking of fish in running streams and lakes with outlets into other waters. Ex parte Fritz, 86 Miss. 210, 38 So. 722, 1905 Miss. LEXIS 75 (Miss. 1905).

§ 49-7-83. Unlawful not to return to water game fish taken by net.

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.

HISTORY: Codes, 1942, § 5902; Laws, 1932, ch. 123; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1948, ch. 255, § 10.

Cross References —

Fish classified as game fish, see §49-7-1.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 49.

CJS.

36A C.J.S., Fish § 35.

§ 49-7-85. Repealed.

Repealed by Laws of 1985, ch. 379, § 1, effective from and after March 21, 1985.

[Codes, 1942, § 5902,5; Laws, 1952, ch. 190, §§ 1-4; 1954; Laws, 1954, ch. 169; Laws, 1968, ch. 261, § 1]

Editor’s Notes —

Former §49-7-85 authorized the game and fish commission to issue rules and regulations for the taking of non-game gross fish in certain reservoirs and rivers.

§ 49-7-87. Fish, sale of, unlawful, when.

  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.

HISTORY: Codes, 1942, § 5903; Laws, 1932, ch. 123; Laws, 2002, ch. 372, § 1, eff from and after July 1, 2002.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error near the end of (2), as amended by Laws of 2002, ch. 372. The words “Department of Agriculture” were changed to “Department of Agriculture and Commerce.” The Joint Committee ratified the correction at its May 16, 2002 meeting.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Fish classified as game fish, see §49-7-1.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

36A C.J.S., Fish § 34.

§ 49-7-89. Fish dealers not to possess.

It shall be unlawful for any fish dealer to buy, sell, or offer to buy or sell, or to knowingly have in possession any of the game fish enumerated in this chapter whether taken within or coming from without the state.

HISTORY: Codes, 1942, § 5905; Laws, 1932, ch. 123.

Cross References —

Fish classified as game fish, see §49-7-1.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 52.

CJS.

36A C.J.S., Fish § 34.

§ 49-7-90. Possession of paddlefish in violation of law or regulation; penalties; permits and fees.

  1. Any person who takes or possesses a paddlefish or parts thereof, whether coming from within or from outside the state, in violation of law or regulation is guilty of a Class I violation and may be punished as provided in Section 49-7-141, and upon conviction, shall forfeit all hunting, trapping and fishing privileges and paddlefish permits for a period of not less than one (1) year from the date of conviction. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored.
  2. The commission may promulgate rules and regulations, establish and issue permits and establish and collect fees for permits for the harvest and sale of paddlefish and paddlefish parts.
  3. Any person engaged in selling or peddling nonnative fish taken from public waters must possess a commercial fishing license.
  4. Any person required to purchase a commercial fishing license must report his catch and/or other activities as required by regulation of the commission.

HISTORY: Laws, 2001, ch. 499, § 1; Laws, 2004, ch. 340, § 1; Laws, 2008, ch. 526, § 1; Laws, 2010, ch. 336, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2004 amendment rewrote the section to revise possession of paddlefish violations and to provide an exception for lawfully taken paddlefish.

The 2008 amendment rewrote the section to authorize the regulation of and establish permits and fees for the taking of paddlefish and added a repealer for the section, effective July 1, 2010.

The 2010 amendment inserted “and” following “establish” in (2); and deleted (5), which was a repealer for the section.

§ 49-7-91. Unlawful to fish commercially in Muddy Bayou.

  1. It is unlawful for any person, firm, or corporation to fish commercially at any time in Muddy Bayou, in Warren County, Mississippi.
  2. The department may enforce this section and seize and confiscate all commercial nets and seines used in Muddy Bayou, in Warren County, Mississippi, or on any part of the bayou, either along the length or at its two (2) openings in and to Eagle Lake and Steele Bayou.
  3. Any person violating this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition the department shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds to the credit of the State Game and Fish Fund.

HISTORY: Codes, 1942, § 5903-01; Laws, 1946, ch. 333, §§ 1-4; Laws, 2000, ch. 516, § 69, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 49-1-1 provides that the term “State Game and Fish Commission” shall mean and refer to the Mississippi Commission on Wildlife, Fisheries and Parks.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 56.

CJS.

36A C.J.S., Fish §§ 45, 46.

§ 49-7-93. Killing deer or spotted fawn out of season; penalties.

Any person convicted of intentionally killing any deer or spotted fawn out of season shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00); and the commission shall have authority to revoke a license for a period of one (1) year.

HISTORY: Codes, 1942, § 5866-01; Laws, 1956, ch. 149, § 2; Laws, 1993, ch. 479, § 1, eff from and after July 1, 1993.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 54.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

§ 49-7-95. Killing deer by headlighting or other lighting devices; killing livestock; harassment of wildlife; penalties.

    1. Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.
    2. For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aid of a light, lighting device or light amplifying device. Such observation of an overt act may include, but shall not be limited to, witnessing the discharge of a weapon capable of killing a deer, hearing the report of a firearm being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessing the person committing any acts consistent with headlighting deer in violation of this subsection.
    1. Violators of subsection (1), twenty-one (21) years old or older, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.
    2. A person twenty-one (21) years old, or older, convicted of a first violation of subsection (1) may petition the commission to have his privileges restored after one (1) year from the date of his conviction. The commission may prescribe conditions on the restoration of privileges for a first-time offender, and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00).
    3. A violator of subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission. A violator under the age of twenty-one (21) may petition the commission to have his privileges restored after he has paid his penalty. The violator shall pay a reinstatement fee of Two Hundred Fifty Dollars ($250.00) to have his privileges restored.
    4. A person under the age of twenty-one (21) convicted of a second or subsequent violation of subsection (1) shall forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend courses prescribed by the commission. The person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.
    5. A person who is appealing from a violation of subsection (1) shall have his hunting privileges suspended or revoked as provided in Section 49-7-27.
  1. This section shall not apply to any deer killed in an accident with any motor vehicle.
  2. Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.
  3. It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise. This section shall not apply: (a) to the normal use of headlights of a vehicle traveling on a public road or right-of-way; (b) to law enforcement, emergency or utility personnel in the performance of their official duties; (c) to landowners, agricultural or hunting leaseholders or their designated agents with written authorization from the landowner or agricultural leaseholder, and upon lands owned or leased by the landowner, leaseholder or agent; (d) to persons lawfully hunting, fishing or trapping; or (e) a landowner, agricultural leaseholder or a designated agent in the act of searching for or retrieving escaped livestock or pets. Any person convicted under this provision shall be guilty of harassment of wildlife and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 5866-02; Laws, 1956, ch. 149, § 3; Laws, 1971, ch. 314, § 1; Laws, 1972, ch. 430, § 1; Laws, 1980, ch. 556; Laws, 1985, ch. 452, § 6; Laws, 1991, ch. 365, § 1; Laws, 1998, ch. 589, § 1; Laws, 2001, ch. 354, § 2; Laws, 2005, ch. 522, § 2; Laws, 2007, ch. 531, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2001 amendment inserted the present third sentence.

The 2005 amendment rewrote the section to revise the penalties for headlighting deer by persons under the age of 21 years old.

The 2007 amendment added (1)(b); in (2), added (b) and redesignated former (b) through (d) as present (c) through (e), and substituted “subsection (1)” for “this section” everywhere it appears; and added (5).

Cross References —

Revocation and suspension of license and privileges for person appealing from a violation of §49-7-95, see §49-7-27.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

A justice court judge may not suspend the minimum monetary fine imposed for a head lighting deer violation; however, a circuit or county court judge may suspend such fine if the charge is brought in circuit or county court. 2002 Miss. Op. Att'y Gen. 567.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 54.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

JUDICIAL DECISIONS

1. In general.

2. Entrapment.

1. In general.

Evidence was sufficient to show that defendant committed an overt act within the meaning of Miss. Code Ann. §49-7-95(1)(b) (Rev. 2012) where the testimony showed possession of a recently killed deer, the deer could not have been killed during legal hunting hours, and defendant shot the deer, and defendant admitted headlighting deer. Crockett v. State, 212 So.3d 763, 2017 Miss. LEXIS 9 (Miss. 2017).

In a prosecution for “headlighting” deer, the evidence was sufficient to establish venue, even though there was insufficient evidence to establish venue in the State’s case-in-chief, where rebuttal testimony by the State sufficiently proved venue, and there was no surrebuttal by the defendant to the contrary. Smith v. State, 646 So. 2d 538, 1994 Miss. LEXIS 575 (Miss. 1994).

Hunting deer at night with the aid of any lighting device is a punishable offense. Merritt v. State, 497 So. 2d 811, 1986 Miss. LEXIS 2729 (Miss. 1986).

Member of poaching party which is observed shining light from one side of road to other, scanning fields and woods, and which, upon detention by conservation officer, is found to be in possession of 2 recently killed deer, may be convicted of 3 separate counts of headlighting deer. Pharr v. State, 465 So. 2d 294, 1984 Miss. LEXIS 2033 (Miss. 1984).

Sentence of 30 days in county jail upon conviction of 3 counts of headlighting is in excess of that authorized by §49-7-95 if sentencing judge intends 30 days confinement on each count, but is lawful if sentencing judge makes it clear that 10 day sentence is being imposed on each conviction with sentences to run consecutively, yielding aggregate 30 day sentence. Pharr v. State, 465 So. 2d 294, 1984 Miss. LEXIS 2033 (Miss. 1984).

Evidence that defendant was one of 4 persons observed in slow moving pickup truck from which spotlight was shined over fields on both sides of road and in which 2 freshly killed deer were discovered is sufficient basis upon which jury may reject defendant’s claim that persons in pickup were lost, ran upon pickup occupied by strangers and purchased deer from strangers, and convict defendant of unlawful headlighting. Pharr v. State, 465 So. 2d 294, 1984 Miss. LEXIS 2033 (Miss. 1984).

A conviction under this section [Code 1942, § 5866-02] is warranted by evidence that defendants were driving an automobile slowly at night on a sparsely traveled highway in an area inhabited by deer, with a spotlight on each side of the car and a shotgun loaded with buckshot in the front seat. Musgrove v. State, 236 Miss. 513, 110 So. 2d 919, 1959 Miss. LEXIS 344 (Miss. 1959).

2. Entrapment.

In a case in which a hunter had been charged with headlighting deer in violation of Miss. Code Ann. §49-7-95, and the charges were dropped, a district court’s dismissal of the hunter’s 42 U.S.C.S. § 1983 case against a Mississippi department of wildlife, fisheries, and parks employee on the basis that the hunter was entrapped by the employee was affirmed because the employee was entitled to qualified immunity; to the extent that there was entrapment by the employee’s pressure and assistance in helping the hunter to violate the state statute, there was no constitutional violation. Stokes v. Gann, 498 F.3d 483, 2007 U.S. App. LEXIS 20735 (5th Cir. Miss. 2007).

§ 49-7-96. Deer management zones; antler restrictions.

    1. The Commission on Wildlife, Fisheries and Parks may establish deer management zones within the state.
    2. The commission may establish antler restrictions within the zones for the proper management of antlered deer.
  1. 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.
  2. 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.

HISTORY: Laws, 2007, ch. 600, § 1; Laws, 2010, ch. 365, § 3, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment deleted (4), which read: “This section shall repeal on July 1, 2010.”

§ 49-7-97. Liability of public officer for failure to perform duty.

Any public officer who wilfully fails to perform any duty imposed by law or by any lawful rule or regulation of the commission, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.

HISTORY: Codes, 1942, § 5866-03; Laws, 1956, ch. 149, § 4; Laws, 1994, ch. 408, § 5, eff from and after July 1, 1994.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 366 et seq.

CJS.

67 C.J.S., Officers §§ 157 et seq.

§ 49-7-99. Repealed.

Repealed by Laws of 1998, ch. 409, § 3, eff from and after passage (approved March 24, 1998).

[Codes, 1942, § 5903.5; Laws, 1964, ch. 340, §§ 1-3; Laws, 1971, ch. 316, § 1, eff from and after passage (approved February 8, 1971)]

Editor’s Notes —

Former Section 49-7-99 related to penalties for possession of illegal nets, and to confiscation and destruction of illegal equipment.

§ 49-7-101. General fines and penalties.

  1. Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds, or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a Class III violation and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). In addition thereto, such person is liable, in the discretion of the court, to an additional penalty of Twenty-five Dollars ($25.00) for each animal, bird, or fish, or part thereof, or each nest or egg of any bird taken, possessed, or transported in violation of such law or regulation.
  2. Any person unlawfully killing a doe deer is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.
  3. Any person killing a wild turkey hen, except when permitted by the commission is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.
  4. Any person killing any turkey out of season, and any person baiting turkeys is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.
  5. Any person unlawfully trapping quail or any other game bird within this state is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.
  6. Any person transporting, shipping, or carrying quail or any other game bird within, or from within to a point without this state, without first having secured permission from the executive director to so do, shall, except as otherwise provided by Section 49-1-1 et seq., be fined not less than One Hundred Dollars ($100.00).

HISTORY: Codes, 1942, § 5866; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1942, ch. 250; Laws, 1948, ch. 255, § 4; Laws, 1956, ch. 149, § 1; Laws, 1962, ch. 187; Laws, 1971, ch. 313, § 1; Laws, 1985, ch. 452, § 18; Laws, 2000, ch. 516, § 70, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

As to the authority of the commission to promulgate rules and regulations, see §49-1-29.

Maintaining court records and abstracts of game and fish law violations, see §49-4-22.

Disposition of fines and penalties, see §49-5-51.

Penalty for violating rules for hunting with bow and arrow, see §49-7-37.

Use of quail for training hunting dogs, see §49-7-42.

Penalty for violating rules for national forest lands within the state, see §49-7-43.

Unlawful shipment of game, see §49-7-53.

Unlawful manner of taking fish, see §49-7-81.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

36A C.J.S., Fish §§ 42 et seq.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 15.

JUDICIAL DECISIONS

1. In general.

An admission of guilt made by a defendant spontaneously and before arresting game wardens had an opportunity to advise him of his constitutional rights was admissible against him when tried on the charge of possessing undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

Game wardens who had observed the defendant catch catfish smaller than the legal minimum by means of illegal traps in a public lake and subsequently transport them by boat to a point where he loaded them on a pickup truck were lawfully entitled to arrest the defendant and search his truck, and their evidence was admissible in court. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

The fact that a defendant who admitted that he was catching fish “trying to make a living” had not paid the commercial fisherman’s privilege license required by Code 1942, § 5609 was no defense to a charge of possession of undersized catfish. Russell v. State, 220 So. 2d 334, 1969 Miss. LEXIS 1457 (Miss. 1969).

§ 49-7-102. Repealed.

Repealed by Laws of 1990, ch. 329, § 10, eff from and after October 1, 1990.

[En, Laws, 1976, ch. 383, § 1]

Editor’s Notes —

Former §49-7-102 provided for a penalty assessment for support of hunter education and training programs.

§ 49-7-103. Seizure and confiscation of property used in illegal hunting or fishing, etc., as contraband.

The following property is subject to forfeiture: any firearm, equipment, appliance, conveyance or other property used directly or indirectly in the hunting or catching or capturing or killing of deer at night with any headlight, lighting device or light amplifying device, or in fishing for, or killing or capturing fish by using a telephone, magneto, battery, or any other electrically operated device including but not limited to any all-terrain vehicle, trailer, boat, outboard motor, airplane, net, light, battery, magneto, wires, telephone device, or any other device or contrivance or other vehicle, or which may be used in the transportation of any dead or live deer taken, captured, or killed at night with or by means of a headlight, lighting device or light amplifying device, or any dead or live fish killed, stunned, captured, or taken by using a telephone, battery, magneto, or any other electrically operated device. No motor vehicle that is of the type required to be titled under the Mississippi Motor Vehicle Title Law is subject to forfeiture. Property subject to forfeiture shall be seized by any employee of the department or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257.

HISTORY: Codes, 1942, § 5866-04; Laws, 1956, ch. 149, § 5; Laws, 1989, ch. 468, § 5; Laws, 1995, ch. 551, § 1; Laws, 1998, ch. 589, § 2, eff from and after passage (approved April 17, 1998).

Cross References —

Prohibition against law enforcement officers’ acquiring confiscated property, see §25-1-51.

Procedure for forfeiture of property seized for violation of fish and game laws, see §§49-7-251 et seq.

Administrative forfeiture procedures for certain property, see §49-7-257.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 56.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 16-18.

36A C.J.S., Fish §§ 45, 46.

38 C.J.S., Game; Conservation and Preservation of Wildlife §§ 16-18.

JUDICIAL DECISIONS

1. In general.

The 1995 amendment to the statute, which precluded the forfeiture of motor vehicle, applied to all pending cases. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

The statute must be construed to require law enforcement agents to have probable cause to believe that the subject property has been used, directly or indirectly, to accomplish the various violations that are enumerated. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

The statute authorized the forfeiture of a boat, a trailer, and a motor vehicle where they were directly and indirectly used to obtain fish through shocking and to transport the contraband fish and illegal equipment away from the river where the illegal activity occurred; the fish were found in the boat, which was towed on the trailer attached to the motor vehicle, in which the shocking device was found. One 1992 Toyota 4-Runner v. State ex rel. Mississippi Dep't of Wildlife Fisheries & Parks, 721 So. 2d 609, 1998 Miss. LEXIS 398 (Miss. 1998).

Code 1942, § 5866-04 and former Code 1942, §§ 5866-05 and 5866-06 [§§49-7-103,49-7-105 and49-7-107] are fatally defective and unconstitutional as to an owner out of possession and innocent of knowledge of the illegal purpose for which the firearms and other equipment is used, in that they provide for no notice, actual or constructive, to be given to such an owner. Kellogg v. Strickland, 191 So. 2d 536, 1966 Miss. LEXIS 1221 (Miss. 1966).

§§ 49-7-105 through 49-7-131. Repealed.

Repealed by Laws of 1989, ch. 468, § 6, eff from and after March 28, 1989.

§49-7-105. [Codes, 1942, § 5866-05; Laws, 1956, ch. 149, § 6; Laws, 1964, ch. 228, § 1; Am Laws, 1981, ch. 471, § 50; Laws, 1982, ch. 423, § 28]

§49-7-107 through §49-7-131. [Codes, 1942, §§ 5866-06 through 5866-18; Laws, 1956, ch. 149, §§ 7-19]

Editor’s Notes —

Former §49-7-105 contained procedures for filing a claim to recover seized property.

Former §§49-7-107 through49-7-131 related to the seizure and disposition of property.

Provisions for forfeiture of property for violation of fish and game laws now appear in §§49-7-251 et seq.

§ 49-7-133. Reciprocity agreement recognizing hunting and fishing licenses issued by participating states.

The commission may negotiate with the Louisiana Conservation Commission and the Arkansas Game and Fish Commission to effectuate a reciprocity agreement with one or both of these commissions providing that the hunting and fishing licenses and the rules and regulations governing hunting and fishing shall be acceptable and recognized by the game and fish commissions or the conservation commission of each of the states participating in the reciprocity agreement, when hunters or fishermen hold a current license issued by the state game and fish commissions or the conservation commission of the state in which he is domiciled, when fishing in the Mississippi River or in bodies of water between the Mississippi River and the levee nearest the river, in places where there is a levee; and in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee; and when hunting waterfowl and other migratory species in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee.

For all counties lying wholly or partially within the Mississippi levee district, and bordering upon the Mississippi River, and having a population of more than five thousand (5,000) according to the 1950 census, the commission is authorized to effectuate a reciprocity agreement, with the Game and Fish Commissions of Arkansas and Louisiana, and/or with the Game and Fish Commissions of the Counties of Desha and Chicot in the State of Arkansas, which shall permit hunting waterfowl and other migratory species, deer, squirrels, turkeys, quail and rabbits in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs and in places where there is no levee.

HISTORY: Codes, 1942, § 5911.5; Laws, 1948, ch. 253; Laws, 1954, ch. 173, §§ 1, 2; Laws, 2000, ch. 516, § 71, eff from and after passage (approved Apr. 30, 2000.).

Comparable Laws from other States —

Louisiana: La.R.S. 56:104.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 33.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 4.

36A C.J.S., Fish § 10.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 4.

§ 49-7-135. Compact concerning Pearl River authorized.

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.

HISTORY: Codes, 1942, § 5912; Laws, 1942, chs. 248, 249; Laws, 1952, ch. 187, § 2; Laws, 2000, ch. 516, § 72, eff from and after passage (approved Apr. 30, 2000.).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 33.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 4.

36A C.J.S., Fish § 10.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 4.

§ 49-7-137. Lease of certain state lands for hunting, fishing and conservation purposes.

  1. The Department of Finance and Administration may lease for hunting, fishing and conservation purposes to the Quitman County Conservation League, Incorporated, a nonprofit domestic corporation, all wood lands owned by the State of Mississippi in Quitman County, Mississippi, and being a part of Camp “B” at the O’Keefe Farm of the Mississippi State Penitentiary.
  2. Any such lease shall be for a period and term of not more than one (1) year, but the same may continue from year to year until terminated by one (1) of the parties thereto.
  3. Any such lease shall be upon such terms and conditions as may be imposed by the Department of Finance and Administration and the Board of Commissioners of the Mississippi State Penitentiary and the same shall have no force and effect until approved in writing by said board of commissioners and may be terminated at the pleasure of the board of commissioners, or the Department of Finance and Administration.
  4. Such lease shall provide that the use of such wood lands by the Quitman County Conservation League, Incorporated, shall be under the supervision of the commission. Any lease on this land shall provide that any citizen of this state shall be entitled to hunt and fish on these lands providing they shall comply with all laws and regulations pertaining to fishing and hunting and provided such person meets the membership qualifications and pays the membership fee in the amount of Three Dollars ($3.00) as set by the Quitman County Conservation League.

HISTORY: Codes, 1942, § 5923.5; Laws, 1959, Ex Sess., ch. 26; Laws, 2000, ch. 516, § 73, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Power of Secretary of State to rent or lease state lands, see §29-1-107.

§ 49-7-139. Seafoods excluded.

This chapter shall in no way abridge, affect or repeal any of the statutes, laws, or acts relating to or having reference to seafoods, oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs or any other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi as set out in and covered by Chapter 15 of Title 49 of the Mississippi Code of 1972. None of the duties conferred on the Mississippi Commission on Marine Resources under Chapter 15 of Title 49 shall be conferred upon or exercised in any way by the Mississippi Commission on Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 5907; Laws, 1932, ch. 123; Laws, 1994, ch. 578, § 58, eff from and after July 1, 1994.

§ 49-7-140. Importation, release and transportation of wild hogs; prohibition; permit; penalties.

  1. No person may import into the state or release into the wild, any live feral hog, wild swine or Russian Boar.
  2. No person may transport on public roads or off of the property of record where captured or relocate within the state any live feral hog, wild swine or Russian Boar, except as permitted by the department.
  3. For the purposes of this section, “feral hogs, wild swine or Russian Boar” are defined as any hog that is not a domesticated pet or livestock.
  4. A violation of this section is a Class I violation punishable as provided in Section 49-7-141.
    1. Wild hogs may be caught or trapped and transported within the State of Mississippi, with a permit, issued by the Mississippi Department of Wildlife, Fisheries and Parks. Wild hogs may not be released or removed alive from any mobile device or vehicle, except that wild hogs may be released alive for the purpose of slaughter into an enclosure no larger than five hundred (500) square feet in size and constructed in a manner that prevents the escape of any wild hog, or to a facility where the hog may be immediately prepared for slaughter. The commission shall promulgate rules and regulations for the issuance of a hog transportation permit consistent with this subsection, provided that the authority to issue such a permit is based on the determination that the individuals, at the time of requesting such permit:
      1. Does not have a history of repeat hunting offenses; or
      2. Has not had his or her hunting privileges revoked.
    2. Any person transporting a live wild hog within the State of Mississippi must first obtain from the Mississippi Department of Wildlife, Fisheries and Parks, a live wild hog transportation permit, as provided above, for each wild hog being transported.
    3. A violation of any regulation of the commission promulgated under the authority provided in this section shall be a Class I violation and punishable as provided in Section 49-7-141. In addition to the penalties provided therein, upon conviction, the violator shall forfeit all hunting, trapping and fishing privileges for a period of one (1) year from the date of conviction.
  5. Nothing in this section shall be construed to prohibit the lawful transport of domestic swine for customary and ordinary purposes of intrastate or interstate commerce, or agricultural practices.

HISTORY: Laws, 1994, ch. 412, § 1; Laws, 2005, ch. 384, § 1; Laws, 2010, ch. 521, § 1; Laws, 2014, ch. 510, § 2; Laws, 2016, ch. 454, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2005 amendment inserted present (2); redesignated former (2) and (3) as present (3) and (4); and rewrote (4).

The 2010 amendment rewrote (2); and in (4), deleted “subsection (1) of” preceding “this section,” and deleted the last sentence, which read: “A violation of subsection (2) of this section is a Class III violation punishable as provided in Section 49-7-101.”

The 2014 amendment rewrote (2), which read: “No person may transport or relocate within the state any live feral hog, wild swine or Russian Boar and release the hog into the wild” deleted “and ‘released into the wild’ is defined as being able to move about freely to adjoining land” from the end of (3); and added (5), (6), and (7).

The 2016 amendment substituted “Class I violation and punishable as provided in Section 49-7-141” for “Class II violation, per each animal in violation, and punishable as provided in Section 49-7-143” in (5)(c); and deleted (7), which read: “This section shall stand repealed on July 1, 2016.”

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals § 15.

§ 49-7-141. Penalties; Class I violations.

  1. Any person who has been convicted of a Class I violation shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned in the county jail for five (5) days. The person shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) consecutive months from the date of conviction.
  2. In addition to the penalty provided in subsection (1) of this section, any person convicted of a violation of Section 49-7-51 or 49-7-53, Mississippi Code of 1972, may, in the discretion of the court, be fined One Hundred Dollars ($100.00) for each game animal, game bird or game fish, or part thereof, bought, sold, offered for sale, exchanged for merchandise or other consideration, received for shipment, shipped, transported, carried or possessed with the intent to ship, transport or carry.

HISTORY: Laws, 1985, ch. 452, § 1; Laws, 1989, ch. 359, § 2; Laws, 1995, ch. 551, § 5, eff from and after July 1, 1995.

Cross References —

Maintaining court records and abstracts of game and fish law violations, see §49-4-22.

Fishing licenses, see §49-7-9.

Unlawful hunting of alligators and alligator turtles, see §49-7-47.

Unlawful sale of game birds and animals, see §49-7-51.

Unlawful shipments of game birds and animals, see §49-7-53.

Releasing aquatic species or animals not indigenous to Mississippi without permit, see §49-7-80.

Unlawful methods of taking fish, see §49-7-81.

Taking deer by headlighting, see §49-7-95.

General fines and penalties, see §49-7-101.

Penalties for conviction of Class II violation, see §49-7-143.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

Imposition of additional assessment against defendant convicted of Class I violation to cover costs of investigations, see §99-19-77.

RESEARCH REFERENCES

ALR.

Forfeiture of property for unlawful use before trial of individual offender. 3 A.L.R.2d 738.

Entrapment with respect to violation of fish and game laws. 75 A.L.R.2d 709.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation. 81 A.L.R.2d 1093.

Am. Jur.

35 Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54, 56.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

36A C.J.S., Fish § 42.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 15.

§ 49-7-143. Penalties; Class II violations.

Any person who has been convicted of a Class II violation shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment.

HISTORY: Laws, 1985, ch. 452, § 7; Laws, 1989, ch. 359, § 3, eff from and after July 1, 1989.

Cross References —

Prohibition of political activity by employee of commission, see §49-1-19.

Maintaining court records and abstracts of game and fish law violations, see §49-4-22.

Failure to prepare license certificate in proper form, see §49-7-21.

Prohibition on use of dogs for hunting deer during special hunting seasons, see §49-7-37.

Taking of game without license and other related violations, see §49-7-45.

Unlawful hunting of alligators and alligator turtles, see §49-7-47.

Possession of fishing tackle or hunting or trapping devices as prima facie evidence of fishing, trapping or hunting, see §49-7-49.

Hours for hunting, see §49-7-59.

Unlawful disturbance of nests or eggs of birds, see §49-7-73.

Unlawful methods of taking fish, see §49-7-81.

General fines and penalties, see §49-7-101.

Interference with lawful taking of wildlife, see §49-7-147.

Violations on private shooting preserves, see §49-11-27.

Shooting across street or highway or at traffic control device, see §97-15-13.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

ALR.

Forfeiture of property for unlawful use before trial of individual offender. 3 A.L.R.2d 738.

Entrapment with respect to violation of fish and game laws. 75 A.L.R.2d 709.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation. 81 A.L.R.2d 1093.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54, 56.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

36A C.J.S., Fish § 42.

38 C.J.S., Game; Conservation and Preservation of Wildlife § 15.

§ 49-7-145. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994.

[Laws, 1991, ch. 572, § 1; Laws, 1991, ch. 580, § 1]

Editor’s Notes —

Former §49-7-145 was entitled: Commercial fishing activity prohibited in certain waters; study of estuaries and bays authorized; penalties. For similar provisions, see §49-15-315.

§ 49-7-147. Interference with lawful taking of wildlife.

  1. No person shall intentionally:
    1. Interfere with or attempt to prevent the lawful taking of wildlife by another;
    2. Attempt to disturb wildlife, or attempt to affect their behavior with the intent to prevent their lawful taking by another; or
    3. Harass another person who is engaged in the lawful taking of wildlife or in the preparation for such taking.
  2. Any person who violates subsection (1) is guilty of a Class II violation, punishable as provided in Section 49-7-143, Mississippi Code of 1972.

HISTORY: Laws, 1991, ch. 554 § 1, eff from and after passage (approved April 12, 1991).

§ 49-7-148. Access for hunters with disabilities; use of mobility related device.

    1. The department shall provide hunters with disabilities access to hunting areas in public wildlife management areas under its jurisdiction.
    2. The department shall allow the use of a mobility related device for an individual who is permanently physically disabled and meets one or more of the following criteria:
      1. Is paraplegic or hemiplegic;
      2. Is unable to ambulate and requires a wheelchair, walker, leg braces, prosthesis, canes or crutches for mobility.
  1. The commission shall promulgate rules and regulations for reasonable access and include a definition of “hunters with disabilities” as used in this section.

HISTORY: Laws, 1997, ch. 481, § 1; Laws, 2010, ch. 413, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment rewrote the section.

§§ 49-7-149 and 49-7-150. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994.

§49-7-149. [Laws, 1992, ch. 357, § 1]

§49-7-150. [Laws, 1992, ch. 357, § 2]

Editor’s Notes —

Former §49-7-149 was entitled: Filleting of fish caught by fishermen on charter or recreational fishing boat in Gulf of Mexico over 24 hours before returning to land. For similar provisions, see §49-15-317.

Former §49-7-150 was entitled: Charter or recreational fishing boat which will be in Gulf of Mexico over 24 hours to file float plan. For similar provisions, see §49-15-319.

Lifetime Sportsman License

§ 49-7-151. Creation of lifetime sportsman license and Mississippi Wildlife Endowment Fund.

Recognizing the inestimable importance to the state and its citizens of conserving the wildlife resources of Mississippi and recognizing the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the Legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund.

HISTORY: Laws, 1988, ch. 545, § 1, eff from and after July 1, 1988.

§ 49-7-153. Lifetime sportsman and lifetime fishing licenses.

  1. Any resident may purchase a lifetime sportsman hunting and fishing license by filing an application in the office of the department. The license shall qualify the licensee to take all fish, game and fowl, except waterfowl, including deer and turkey, in the manner provided by law. The license shall also permit the licensee to hunt with primitive weapons and bow and arrow, and to fish in the public waters of the state, including the taking of crabs, oysters, shrimp and any saltwater fish authorized to be taken under a recreational license.
  2. The department may issue a resident lifetime sportsman license at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age. All lifetime licenses shall be issued from the office of the department. Each application for a lifetime license must be accompanied by a certified copy of the birth certificate of the individual to be named as the license holder, if the individual is twelve (12) years of age or under.
  3. The commission shall establish proof of residency requirements for the purchase of a lifetime license, and shall also establish such restrictions on and regulations for lifetime licenses as it deems necessary and proper. An applicant for a resident lifetime license must have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his application for a license. The burden of proving domicile shall be on the applicant.
  4. The department may issue a native son or daughter nonresident lifetime sportsman hunting and fishing license. The commission shall establish the fee, but the fee shall not be less than One Thousand Five Hundred Dollars ($1,500.00). The applicant must provide a certified copy of the original birth certificate showing that the applicant was born in Mississippi and/or if the parents’ address was in Mississippi at the time of birth as shown on the birth certificate or other documents and/or official documents reflect that one of said parents was on active military service outside the State of Mississippi at the time of said birth. Further, if the birth certificate of each parent reflects that each parent was born in the State of Mississippi, then any child born outside the State of Mississippi of those parents may be issued a nonresident lifetime sportsman license for the above set out fee.
  5. Any materially false statement contained in an application for a lifetime license renders void the license issued pursuant to that application, and subjects the applicant to criminal prosecution under Section 49-7-45.
  6. Nothing in this section exempts an applicant for a lifetime license from meeting other qualifications or requirements otherwise established by law for the privilege of hunting or fishing.

HISTORY: Laws, 1988, ch. 545, § 2; Laws, 1991, ch. 529, § 1; Laws, 1995, ch. 558, § 1; Laws, 1997, ch. 608, § 1; Laws, 2001, ch. 505, § 1, eff from and after Mar. 24, 2001.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the subsection designators in (4). The paragraph letter “(a)” following the subsection number “(4)” was deleted. The Joint Committee ratified the correction at its August 5, 2008, meeting.

Amendment Notes —

The 2001 amendment, in (1), inserted “hunting and fishing” following “sportsman,” deleted “take crabs, oysters, shrimp and any other saltwater fish authorized to be taken under a recreational permit. Any resident may purchase a lifetime fishing license by filing an application in the office of the department. The lifetime fishing license shall entitle the licensee to” following “and to,” and substituted “license” for “permit”; in (2), inserted “resident” in the first sentence, and substituted “One Thousand . . . of age” for “Five Hundred Dollars . . . Endowment Fund”; in (4), deleted former (a) and redesignated and rewrote former (b) as present (a).

Cross References —

Deposit of all proceeds from the sale of lifetime sportsman licenses to the Wildlife Endowment Fund, see §49-7-155.

Resident who purchases a lifetime sportsman’s license, in accordance with this section, entitled to fish in the marine salt waters of the state and is exempt from the purchase of a sport saltwater fishing license, see §49-15-313.

§ 49-7-155. Wildlife Endowment Fund.

  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:
    1. No expenditure shall be made from the principal of the Wildlife Endowment Fund;
    2. 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.

HISTORY: Laws, 1988, ch. 545, § 3; Laws, 1991, ch. 529, § 2, eff from and after July 1, 1991.

Migratory Waterfowl Stamps

§ 49-7-161. Definitions.

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

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

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

“Stamp” means the state migratory waterfowl stamp or the electronic equivalent furnished by the commission.

HISTORY: Laws, 1976, ch. 434, § 1; Laws, 1993, ch. 463, § 6; Laws, 2003, ch. 323, § 1, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “or the electronic equivalent” in (c).

§ 49-7-163. Unlawful to hunt or take migratory waterfowl without stamp or electronic equivalent; validation of stamp or proof of purchase of electronic equivalent; issuance or sale of stamp or electronic equivalent.

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.

HISTORY: Laws, 1976, ch. 434, § 2; Laws, 1993, ch. 463, § 7; Laws, 1996, ch. 371, § 1; Laws, 2003, ch. 323, § 2, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment rewrote the section to authorize the Department of Wildlife, Fisheries and Parks to issue an electronic duck stamp.

§ 49-7-165. Fee for stamp.

The fee for each stamp issued under Sections 49-7-161 through 49-7-173 shall be Ten Dollars ($10.00).

HISTORY: Laws, 1976, ch. 434, § 3; Laws, 1993, ch. 463, § 8; Laws, 2001, ch. 436, § 1, eff from and after July 1, 2001.

Amendment Notes —

The 2001 amendment substituted “Ten Dollars ($10.00)” for “Five Dollars ($5.00).”

§ 49-7-167. Disposition of revenues.

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.

HISTORY: Laws, 1976, ch. 434, § 4, eff from and after July 1, 1976.

§ 49-7-169. Commission may enter into reciprocal agreements with other states.

The commission may enter into reciprocal agreements with other states having a state migratory waterfowl stamp.

HISTORY: Laws, 1976, ch. 434, § 5; Laws, 2000, ch. 516, § 74, eff from and after passage (approved Apr. 30, 2000.).

§ 49-7-171. Ascertainment of acceptability of projects undertaken outside of state.

Before approving and allocating funds for a proposed project to be undertaken outside this state or outside the United States, the commission shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project.

HISTORY: Laws, 1976, ch. 434, § 6, eff from and after July 1, 1976.

§ 49-7-173. Penalties.

Any person violating any of the provisions of Sections 49-7-161 through 49-7-173 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

HISTORY: Laws, 1976, ch. 434, § 7, eff from and after July 1, 1976.

Cross References —

Imposition of standard state assessment in addition to all court-imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

Beaver Control Program

§ 49-7-201. Beaver and wild hog control program established; funding; county contributions; “participating landowner” defined.

  1. There is established a beaver and wild hog control program which shall be developed by the Beaver and Wild Hog Control Advisory Board created in Section 49-7-203 and administered by the Mississippi Department of Agriculture and Commerce with the advice of the board or administered by a federal agency or agencies under an agreement with the board for that purpose. The program shall be limited to the control or eradication of beavers and wild hogs only on private lands or public lands, excluding federally owned lands but including lands whereupon easements are granted to a federal entity. The board may employ any personnel as is necessary to implement its duties to administer the program and set the salary of the personnel subject to State Personnel Board guidelines.
  2. Any state, local or private funds available to the board to fund the program shall be used to match federal funds available for such purpose. The board may execute any agreements with any agency of the federal government as are necessary to obtain federal matching funds to finance the beaver and wild hog control program. State funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose.
  3. Nonfederal funds to help finance the program may be obtained by the board from the following sources:
    1. Appropriations by the Legislature; state funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose.
    2. Contributions from participating counties;
    3. Charges on participating landowners; and/or
    4. Contributions from any other sources for such purpose.
    1. Any county in the state desiring to participate in the program during its fiscal year shall contribute an amount established by the Beaver and Wild Hog Control Advisory Board for such purpose from any funds available in its general fund. The amount established by the advisory board shall be the minimum annual contribution required for a county to participate in the program. The minimum required contribution must be approved by three-fourths (3/4) of the advisory board members present and voting. In addition, a county may contribute an amount in excess of the minimum required contribution for administration of the beaver and wild hog control program in that county from any revenues available. The board shall establish the due date for the payment of contributions by counties.
    2. The sum of county contributions may be matched by nonfederal funds available to the state for the beaver and wild hog control program.
  4. Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver and wild hog control program.

HISTORY: Laws, 1989, ch. 402, § 1; Laws, 2000, ch. 516, § 75; Laws, 2002, ch. 428, § 1; Laws, 2009, ch. 514, § 1; Laws, 2013, ch. 440, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2002 amendment substituted “an amount established by the Beaver Control Advisory Board not to exceed Four Thousand Dollars ($4,000.00)” for “Two Thousand Dollars ($2,000.00)” in (4)(a).

The 2009 amendment, in (1), in the first sentence, substituted “Department of Agriculture and Commerce” for “Commission on Wildlife, Fisheries and Parks,” inserted “or agencies” and substituted “under an agreement with the board for that purpose” for “pursuant to an agreement with the commission for such purpose,” substituted “board” for “commission” in the last sentence, and made minor stylistic changes throughout; in (2) and (3), substituted “board” for “commission” everywhere it appears, and made a minor stylistic change; and in (4)(a), deleted “not to exceed Four Thousand Dollars ($4,000.00)” following “Beaver Control Advisory Board,” added the second through fourth sentences, and substituted “board” for “commission” in the last sentence.

The 2013 amendment inserted “and wild hog” following “beaver” and “and wild hogs” following “beavers” throughout; added the last sentence in (2); added “state funds may be expended for wild hog control only by a specific line-item appropriation by the legislature for that purpose” at the end of (3)(a).

§ 49-7-203. Beaver and Wild Hog Control Advisory Board created; composition of board; compensation of members; duties, responsibilities and authority of board.

  1. There is created the Beaver and Wild Hog Control Advisory Board which shall be composed of the administrative heads of the Mississippi Department of Wildlife, Fisheries and Parks, State Forestry Commission, Department of Agriculture and Commerce, Mississippi Department of Transportation and Mississippi State Cooperative Extension Services, the Executive Director of the Mississippi Association of Supervisors, the Executive Vice President of Delta Council and the President of the Mississippi Farm Bureau Federation. In addition, the board shall include, as advisory, and nonvoting members:
    1. The Chairmen of the House and Senate Wildlife, Fisheries and Parks Committees;
    2. The Chairmen of the House and Senate Agriculture Committees; and
    3. One (1) at-large member of the House and Senate appointed by the Lieutenant Governor and Speaker of the House.
  2. The board shall elect a chairman from among its members, who shall preside over meetings.
  3. The members of the board shall serve without compensation but all members of the board shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.
  4. The board shall have the following duties and responsibilities:
    1. To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;
    2. To develop a beaver and wild hog control program to be administered by the Mississippi Department of Agriculture and Commerce or by any agency or agencies under an agreement with the board for that purpose;
    3. To designate the areas of the state having the greatest need for beaver and wild hog control or eradication and establish a list of priority areas on an annual basis;
    4. To establish, assess and collect any fees charged to participating landowners; and
    5. To function in an advisory capacity to the Mississippi Department of Agriculture and Commerce or any agency or agencies administering the beaver and wild hog control program.
  5. The board shall have the authority to develop any programs and implement any regulations and policies. The board may develop what it deems necessary to address beaver and wild hog control within the state.

HISTORY: Laws, 1989, ch. 402, § 2; Laws, 2000, ch. 516, § 76; Laws, 2002, ch. 428, § 2; Laws, 2003, ch. 390, § 1; Laws, 2009, ch. 514, § 2; Laws, 2013, ch. 440, § 2, eff from and after July 1, 2013.

Amendment Notes —

The 2002 amendment added the language beginning “and the Executive Director” in the last sentence of (1); and inserted the language beginning “all members of the board” and ending “Mississippi Association of Supervisors” in (3).

The 2003 amendment added “the Executive Vice President of Delta Council and the President of the Mississippi Farm Bureau Federation” at the end of (1); and deleted “except for the Executive Director of the Mississippi Association of Supervisors” following “members of the board” in (3).

The 2009 amendment, in (1), added the last sentence of the introductory paragraph, and (a) and (b); rewrote (2); in (4), rewrote (b), (d) and (e); and added (5).

The 2013 amendment inserted “and Wild Hog” in the first sentence of (1); added (1)(b) and made related changes; and inserted “and wild hog” following “beavers” throughout.

Forfeiture of Property for Violation of Fish and Game Laws

§ 49-7-251. Petition for forfeiture; service of process; procedure to determine ownership of particular types of property; hearing prerequisite.

  1. Except as otherwise provided in Section 49-7-257, when any property is seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, proceedings under this section shall be instituted promptly. Provided, however, that the seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lienholders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. Provided further, that no property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.
  2. A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:
    1. The owner of the property, if address is known;
    2. Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Department of Wildlife Conservation or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;
    3. Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Department of Wildlife Conservation or the local law enforcement agency has actual knowledge; and
    4. Any person in possession of property subject to forfeiture at the time that it was seized.
  3. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.
  4. If the property is a motor vehicle and is not titled in the State of Mississippi, then the Department of Wildlife Conservation or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.
  5. If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972, as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.
  6. If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the Administrator of the Mississippi Aeronautics Commission as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.
  7. In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Wildlife Conservation or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.
  8. In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Department of Wildlife Conservation or the local law enforcement agency shall cause any record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.
  9. If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Department of Wildlife Conservation or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of_______________ ,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972, and shall be served as provided in Section 11-33-37, Mississippi Code of 1972, for publication of notice for attachments at law.
  10. No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.

HISTORY: Laws, 1989, ch. 468, § 1; Laws, 1991, ch. 522, § 1; Laws, 2000, ch. 516, § 77; Laws, 2001, ch. 495, § 25, eff from and after Jan. 1, 2002.

Editor’s Notes —

Section 49-1-4 provides that the term “Department of Wildlife Conservation” shall mean the “Department of Wildlife, Fisheries and Parks”.

Effective July 1, 2010, Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Amendment Notes —

The 2001 amendment, effective January 1, 2002, substituted “Section 75-9-501” for “Section 75-9-401” in (5); substituted “Mississippi Aeronautics Commission” for “Executive Director of the Department of Economic and Community Development” in (6); and substituted “Department of Wildlife Conservation” for “Mississippi Department of Wildlife, Fisheries and Parks” throughout.

Cross References —

Seizure of property used in illegal hunting, see §49-7-103.

Administrative forfeiture procedures for certain property, see §49-7-257.

Confiscation and sale of vessels, see §59-21-33.

JUDICIAL DECISIONS

1. In general.

Read literally, §§49-7-251 to49-7-257 violate the Mississippi Constitution’s due process guarantee, and therefore the statutes would be construed to include an exception for “innocent owners.” Threlkeld v. State, 586 So. 2d 756, 1991 Miss. LEXIS 533 (Miss. 1991).

§ 49-7-253. Time to file answer; failure to file; time for hearing; burden of proof; evidence at hearing; decision.

  1. Except as otherwise provided in Section 49-7-257, an owner of property that has been seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Mississippi Department of Wildlife, Fisheries and Parks, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.
  2. If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence.
  3. At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.
  4. If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency.

HISTORY: Laws, 1989, ch. 468, § 2; Laws, 1991, ch. 522, § 2; Laws, 2000, ch. 516, § 78, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Seizure of property used in illegal hunting, see §49-7-103.

Confiscation and sale of vessels, see §59-21-33.

JUDICIAL DECISIONS

1. In general.

Read literally, §§49-7-251 to49-7-257 violate the Mississippi Constitution’s due process guarantee, and therefore the statutes would be construed to include an exception for “innocent owners.” Threlkeld v. State, 586 So. 2d 756, 1991 Miss. LEXIS 533 (Miss. 1991).

§ 49-7-255. Liquidation of forfeited property; disposition of proceeds; retention and use of certain property; issuance of certificate of title.

  1. All other property which is forfeited under Sections 49-7-251 through 49-7-257, and except as provided in subsections (2), (5) and (6) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:
    1. In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency.
    2. In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.
  2. All money which is forfeited under Sections 49-7-251 through 49-7-257 shall be divided, deposited and credited in the same manner as set forth in subsection (1) of this section.
  3. All property forfeited, deposited and credited to the Mississippi Department of Wildlife, Fisheries and Parks under Sections 49-7-251 through 49-7-257 shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Department of Wildlife, Fisheries and Parks upon appropriation by the Legislature.
  4. All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:
    1. To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and
    2. The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (1) of this section.
  5. Any state, county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property or money that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such state, county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (7) of this section.
  6. The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate for official purposes all property, other than money that has been forfeited to the Mississippi Department of Wildlife, Fisheries and Parks if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the Mississippi Department of Wildlife, Fisheries and Parks may purchase the interest of a bona fide lienholder, secured party, or other party who holds an interest so that such property can be released for use by the department.

    The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate such property with money appropriated to the department for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the Mississippi Department of Wildlife, Fisheries and Parks is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (7) of this section.

  7. The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

HISTORY: Laws, 1989, ch. 468, § 3; Laws, 2000, ch. 516, § 79, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Seizure of property used in illegal hunting, see §49-7-103.

Administrative forfeiture procedure for certain property, see §49-7-257.

Confiscation and sale of vessels, see §59-21-33.

Mississippi Motor Vehicle Title Law, see §§63-21-1 et seq.

JUDICIAL DECISIONS

1. In general.

Read literally, §§49-7-251 to49-7-257 violate the Mississippi Constitution’s due process guarantee, and therefore the statutes would be construed to include an exception for “innocent owners.” Threlkeld v. State, 586 So. 2d 756, 1991 Miss. LEXIS 533 (Miss. 1991).

§ 49-7-257. Administrative forfeiture procedures for certain property.

  1. When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, the property may be forfeited by the administrative forfeiture procedures provided for in this section.
  2. The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section 49-7-251(2).
  3. In the event that notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks.
  4. Notice pursuant to subsections (2) and (3) of this section shall include the following information:
    1. A description of the property;
    2. The approximate value of the property;
    3. The date and place of the seizure;
    4. The connection between the property and the violation of the Game and Fish Law, as set forth in Section 49-7-103, Mississippi Code of 1972;
    5. The instructions for filing a request for judicial review; and
    6. A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.
  5. Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.
  6. If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section 49-7-255.
  7. Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-7-251.

HISTORY: Laws, 1989, ch. 468, § 4; Laws, 1991, ch. 522, § 3, eff from and after July 1, 1991.

Cross References —

Seizure of property used in illegal hunting, see §49-7-103.

Alternative procedures for forfeiture, see §§49-7-251,49-7-253.

Confiscation and sale of vessels, see §59-21-33.

JUDICIAL DECISIONS

1. In general.

Read literally, §§49-7-251 to49-7-257 violate the Mississippi Constitution’s due process guarantee, and therefore the statutes would be construed to include an exception for “innocent owners.” Threlkeld v. State, 586 So. 2d 756, 1991 Miss. LEXIS 533 (Miss. 1991).

Hunting Incidents in Which Use of Weapon Causes Injury or Death to a Person

§ 49-7-301. Implied consent to chemical test of certain bodily substances for presence of alcohol or other drugs; validity of chemical analysis; who may take bodily substance specimens.

  1. Any person who exercises the privilege of hunting in this state shall be deemed to have given implied consent to a chemical test of his blood, breath, urine or other bodily substance for the purpose of determining the presence of alcohol or any other drug if the person is involved in a hunting incident in which his use of a weapon caused an injury or death to a person.
  2. For the chemical analysis of the person’s blood, breath, urine or other bodily substance to be considered valid under this section, the analysis must have been performed according to the requirements established in Section 63-11-19.
  3. When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.

HISTORY: Laws, 2006, ch. 553, § 2, eff from and after July 1, 2006.

§ 49-7-303. Revocation or suspension of hunting license where use of weapon by person with specified alcohol concentration causes serious injury or death to another person; admissibility of chemical test results in civil or criminal actions; hunter education course required for restoration of hunting privileges.

  1. A person involved in a hunting incident in which his use of a weapon caused a serious bodily injury or death to another person and who has an alcohol concentration of eight one-hundredths percent (.08%) or more based on specified levels in Section 63-11-30, or is under the influence of any drug or controlled substance, shall have his hunting privileges revoked or suspended for two (2) years, in addition to any other punishment imposed. The chemical test must have been administered within three (3) hours after the hunting incident.
  2. If a person refuses to submit to the test at the request of a law enforcement officer, then none shall be given. The hunting privileges of a person who refuses the test shall be suspended for four (4) years. The law enforcement officer shall inform the person that his refusal to submit to a test is admissible in court and that his hunting privileges will be revoked or suspended for four (4) years.
  3. The results of such tests and the refusal to submit to a test shall be admissible in any civil or criminal action arising out of the hunting incident in which the person was involved.
  4. Any person whose hunting privileges are revoked or suspended under this section shall be required to complete an approved hunter education course before hunting privileges may be restored.

HISTORY: Laws, 2006, ch. 553, § 3, eff from and after July 1, 2006.

§ 49-7-305. Hunting incident reports.

  1. Hunting incident reports shall be exempt from disclosure or dissemination under the Mississippi Public Records Act of 1983 in accordance with the provisions of Section 45-29-1.
  2. Upon written request of any person involved in the hunting incident, the representative of his estate, the surviving spouse or surviving next of kin, the commission may disclose to the requesting party or the requestor’s legal counsel or insurance representative any information contained in the report.
  3. The commission shall charge a minimum reproduction fee of Ten Dollars ($10.00) plus any other costs associated with the request for the report.

HISTORY: Laws, 2006, ch. 553, § 4, eff from and after July 1, 2006.

Editor’s Notes —

Section45-29-1, referred to in this section, was repealed by Laws of 2008, ch. 392, § 4, effective from and after July 1, 2008. For present similar provisions, see §25-61-12.

Cross References —

Mississippi Public Records Act of 1983, see §25-61-1 et seq.

Wounded Warrior Special Programs

§ 49-7-351. Wounded warrior special programs: establishment of special seasons within wildlife management areas and refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members.

  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:
    1. “Active duty” means full-time duty in the Armed Forces, Reserves or National Guard during wartime service as defined by the United States Congress.
    2. “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force and Coast Guard.
    3. “National Guard” means the Army National Guard and the Air Force National Guard of the United States.
    4. “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:
    1. 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
    2. 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:
      1. Has a service-connected physical disability as determined by the United States Department of Veterans Affairs; or
      2. 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.

HISTORY: Laws, 2013, ch. 463, § 1, eff from and after July 1, 2013.

Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals

§ 49-8-1. Legislative findings and declarations.

The Legislature finds and declares that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. In addition, the Legislature finds that these wild animals may pose a threat of introducing disease that is harmful to humans and Mississippi’s wildlife. The Legislature further finds and declares that wildlife inherently dangerous to humans may be possessed only as provided in this chapter. The importation, sale, transfer and possession of these wild animals are privileges that are not to be granted unless it can be clearly demonstrated that the privileges can be exercised in a manner that does not pose unnecessary risk to the citizens of this state and indigenous wildlife.

HISTORY: Laws, 1997, ch. 571, § 1, eff from and after passage (approved April 23, 1997).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-8-3. Definitions.

For purposes of this chapter:

“Commission” means the Commission on Wildlife, Fisheries and Parks.

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

“Wild animal” means any wild animal classified as inherently dangerous to humans as provided in Section 49-8-5.

HISTORY: Laws, 1997, ch. 571, § 2, eff from and after passage (approved April 23, 1997).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the first paragraph. The words “For the purposes of this Sections 49-8-1 et seq.” were changed to “For the purposes of Section 49-8-1 et seq.” The Joint Committee ratified the correction at its May 16, 2002 meeting.

§ 49-8-5. Animals inherently dangerous to humans.

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

Order Primates:

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

Family Cercopithecidae:

A. Genus Macaca (macaques) – all species;

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

C. Theropithecus Gelada (Gelada baboon);

Order Carnivora:

Family Canidae:

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

B. Chrysocyon brachyurus (maned wolf);

C. Cuon alpinus (red dog);

D. Lycaon pictus (African hunting dog);

Family Ursidae (bears) – all species;

Family Mustelidae – Gulo gulo (wolverine);

Family Hyaenidae (hyenas) – all species;

Family Felidae:

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

B. Unica unica (snow leopard);

C. Acinonyx jubatus (cheetah);

D. Felis concolor (cougar) – all subspecies;

Order Proboscidae: Family Elephantidae (elephants) – all species;

Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) – all species;

Order Artiodactyla:

Family Hippopotamidae – Hippopotamus amphibius (hippopotamus);

Family Bovidae: Syncerus caffer (African buffalo).

HISTORY: Laws, 1997, ch. 571, § 3, eff from and after passage (approved April 23, 1997).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-8-7. Possession of wild animals prohibited; permit required; exemptions.

    1. It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit under paragraph (b) or is exempted under paragraph (c).
      1. Any person who possesses a wild animal on May 1, 1997, may receive a fee-exempt temporary permit for that animal if the person applies by July 1, 1997. The temporary permit shall be valid until such time as the department notifies the person of the adoption of the regulations for wild animals and of the date the person must apply for an annual permit. After notification, the person shall apply for an annual permit.
      2. A person must obtain a permit before that person takes possession of a wild animal. The applicant must comply with all the requirements of this chapter and the regulations promulgated by the commission to obtain the permit. Prior to the issuance of a permit, the applicant must provide proof of liability insurance in the amount of One Hundred Thousand Dollars ($100,000.00) for each wild animal up to a maximum of One Million Dollars ($1,000,000.00). An applicant shall have the burden of proving that any wild animals subject to this chapter are or will be imported, transferred, sold, purchased or possessed in compliance with this chapter and regulations.
    2. Public zoos, university research facilities, governmental agencies, transient circuses and rehabilitation and sanctuary facilities may be exempted from having a permit if the exemption is approved by the commission.
    3. Any permit issued under this chapter shall be valid for one (1) year and only for the species specified. A permit is required for each wild animal possessed. A permit for a female wild animal shall cover her progeny only while her progeny are physically dependant upon her or until her progeny are three (3) months old, whichever period is longer.
    1. It is unlawful for any person to sell, transfer, deliver or give a wild animal classified as inherently dangerous to any other person unless the other person holds a permit for the wild animal or is exempt from holding a permit.
    2. Owners of unpermitted wild animals who do not qualify for a permit to possess the wild animal shall dispose of the wild animal according to law or regulation within thirty (30) days of notification by the department. Each day of possession of the unpermitted wild animal after the thirty-day period constitutes a separate violation.

HISTORY: Laws, 1997, ch. 571, § 4, eff from and after passage (approved April 23, 1997).

Cross References —

Animals classified as inherently dangerous, see §49-8-5.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-8-9. Powers and duties of commission.

  1. The commission shall have the following powers and duties:
    1. To prescribe the forms and types of permits;
    2. To establish fees for each type of permit but no permit fee shall exceed Three Hundred Dollars ($300.00);
    3. To establish qualifications for applicants and require the applicant to furnish any information it deems necessary;
    4. To exercise all powers necessary to implement a wild animal program.
  2. The commission shall specify by regulation the requirements for cages, facilities, handling, sanitation, veterinary care, food and water necessary for the welfare of the wild animals and to ensure the safety of the public.

HISTORY: Laws, 1997, ch. 571, § 5, eff from and after passage (approved April 23, 1997).

§ 49-8-11. Powers and duties of department.

The department shall have the following powers and duties:

To issue or deny permits required by law or regulation;

To inspect and determine if the facilities, conditions and standards prescribed by law and regulation are sufficient for the safety of the public;

To place conditions on a permit to ensure compliance; and

To seize any wild animal possessed in violation of this chapter or regulations.

HISTORY: Laws, 1997, ch. 571, § 6, eff from and after passage (approved April 23, 1997).

§ 49-8-13. Inspections; notification of escape of wild animal.

  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.

HISTORY: Laws, 1997, ch. 571, § 7, eff from and after passage (approved April 23, 1997).

§ 49-8-15. Penalty.

A violation of this chapter is a Class I violation and is punishable as provided in Section 49-7-141, Mississippi Code of 1972.

HISTORY: Laws, 1997, ch. 571, § 8, eff from and after passage (approved April 23, 1997).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-8-17. Authority of counties and municipalities to regulate possession of wild animals.

Counties and municipalities may enact ordinances regulating or prohibiting the possession of wild animals if the ordinances are more stringent than this chapter or the regulations promulgated by the commission.

HISTORY: Laws, 1997, ch. 571, § 9, eff from and after passage (approved April 23, 1997).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state wildlife possession laws. 50 A.L.R.5th 703.

§ 49-8-19. Chapter not applicable to certain livestock.

This chapter shall not apply to livestock regulated by the Mississippi Department of Agriculture and Commerce.

HISTORY: Laws, 1997, ch. 571, § 10, eff from and after passage (approved April 23, 1997).

Cross References —

Regulation as to transportation of livestock, see §69-29-11.

Chapter 9. Mussels

§ 49-9-1. Definitions.

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

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

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

“Director” means the executive director of the department.

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

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

“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.

HISTORY: Codes, 1942, § 5921; Laws, 1936, ch. 288; Laws, 1991, ch. 486, § 1; Laws, 1993, ch. 462, § 1, eff from and after July 1, 1993.

§ 49-9-3. Mussels to be owned by state.

The ownership and title of all mussels found in or upon the fresh water bottoms within this state, is hereby declared to be vested in the state.

HISTORY: Codes, 1942, § 5913; Laws, 1936, ch. 288.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 5, 13.

CJS.

36A C.J.S., Fish §§ 2, 14.

§ 49-9-5. Unlawful to take; when.

  1. It is unlawful for any person to take, catch or kill mussels by means of any kind of apparatus or in any manner whatsoever in any of the fresh waters of this state without first having secured a license or permit issued in accordance with this chapter.
  2. It is unlawful for any person to take from any of the fresh waters of this state any kind of mussels in any manner for the purpose of culture or scientific investigation, without first obtaining a permit from the commission.
  3. It is unlawful for any person to take mussels by means of dredges, drags or scoops, other than hand tongs.

HISTORY: Codes, 1942, §§ 5914, 5920; Laws, 1936, ch. 288; Laws, 1991, ch. 486, § 2, eff from and after July 1, 1991.

Cross References —

Issuance of scientific permits, see §49-1-41.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 23, 47.

CJS.

36A C.J.S., Fish §§ 21, 28.

§ 49-9-7. License fees.

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.

HISTORY: Codes, 1942, § 5915; Laws, 1936, ch. 288; Laws, 1970, ch. 290; Laws, 1991, ch. 486, § 3; Laws, 1993, ch. 462, § 2, eff from and after July 1, 1993.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

CJS.

36A C.J.S., Fish § 28.

§ 49-9-9. License.

The director shall, upon receipt of the proper application provided for in Section 49-9-7, and the proper fee, issue a license to catch, take or kill mussels. All licenses issued shall be good from the date of issuance to the first day of July following such issuance. Licenses shall be consecutively numbered as issued and a record shall be kept thereof in the office of the department. Such license shall state whether it is a resident or a nonresident license, the address of the licensee, and the amount paid for the license. The license shall also state what waters have been closed to the capture of mussels by the commission. Every person while taking, catching or killing mussels shall have such license in his possession and shall exhibit the same when requested to do so by an authorized officer.

HISTORY: Codes, 1942, § 5916; Laws, 1936, ch. 288; Laws, 1970, ch. 291, § 1; Laws, 1991, ch. 486, § 4, eff from and after July 1, 1991.

Cross References —

Fishing license regulations, see §49-7-9.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 47.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (Complaint, petition, or declaration – By license holder – Against administrative agency – To enjoin further proceedings to suspend or revoke license – Attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

CJS.

36A C.J.S., Fish § 28.

§ 49-9-10. Exporters to pay severance fees; surety bonds.

Any exporter shall pay to the department a severance fee of an amount not to exceed one-tenth (1/10) of the value of the shells. The severance fee payments shall be made on the forms and in the manner prescribed by the commission. The exporter shall file a surety bond of Five Thousand Dollars ($5,000.00) with the department.

HISTORY: Laws, 1993, ch. 462, § 5, eff from and after July 1, 1993.

§ 49-9-11. Deposit of collected monies in game and fish protection fund.

The executive director shall keep a record of all applications and licenses issued by him and on the first day of each month shall deposit all monies collected under this chapter into the Game and Fish Protection fund. All monies thus collected and deposited shall be used to administer the mussel program by the department and the executive director for the enforcement of this chapter, and the game and fish laws of this state, for propagation and for biological investigation, and such other investigations as may be necessary.

HISTORY: Codes, 1942, § 5917; Laws, 1936, ch. 288; Laws, 1982, ch. 365, § 10; Laws, 1991, ch. 486, § 5; Laws, 1993, ch. 462, § 3, eff from and after July 1, 1993.

Cross References —

Fisheries and wildlife fund, see §49-5-21.

Direction that portion of all game and fish license fees collected each month be deposited into the Game and Fish Commission Motor Vehicle and Boat Fund, see §49-6-3.

§ 49-9-13. Regulation of mussel beds; taking of mussels; notice.

The commission shall make such requirements and regulations governing the operations of boats and equipment in the taking of mussels as it may deem best for the proper enforcement of this chapter. To prevent the depletion of the mussel beds and to insure proper propagation of the mussels, the commission may close any beds to operators at any time and for such length of time as it deems necessary. During such closed season on any bed, no one shall take mussels therefrom. When an order is issued closing any mussel bed, notice shall be given as required by law.

HISTORY: Codes, 1942, § 5918.5; Laws, 1970, ch. 292, §§ 1 and 2; Laws, 1991, ch. 486, § 6, eff from and after July 1, 1991.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 48, 49.

CJS.

36A C.J.S., Fish §§ 30-33, 35.

§ 49-9-15. Hearings; notice; rules and regulations.

The commission shall set hearings at such times and places, after having given thirty (30) days notice thereof by publication in some newspaper published in the State of Mississippi of general circulation within the state, at which hearings evidence shall be received in regard to the operation of boats and equipment in the taking of mussels in the fresh waters of this state. After such hearings, the commission shall issue reasonable rules and regulations in regard to same, and if the evidence so indicates, shall, in order to prevent the depletion of mussel beds and to insure the proper propagation of mussels, adopt such regulations as it deems necessary.

HISTORY: Codes, 1942, § 5918.7; Laws, 1970, ch. 289, § 1; Laws, 1991, ch. 486, § 7, eff from and after July 1, 1991.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 31.

CJS.

36A C.J.S., Fish §§ 24-26, 40.

§ 49-9-17. Penalties.

Any person, firm, or corporation, violating this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined twice the fee for the required license, or be imprisoned not more than three (3) months, or both, and shall forfeit any license issued by the department for a period of not less than twelve (12) consecutive months from the date of conviction. Any violator whose license has been revoked and who is apprehended for taking mussels during the twelve-month period of revocation shall be imprisoned not less than thirty (30) days nor more than six (6) months.

HISTORY: Codes, 1942, § 5922; Laws, 1936, ch. 288; Laws, 1991, ch. 486, § 8; Laws, 1993, ch. 462, § 4, eff from and after July 1, 1993.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 54 et seq.

CJS.

36A C.J.S., Fish §§ 42 et seq.

Chapter 10. Wildlife Violator Compact

§ 49-10-1. Enactment; provisions of compact.

The Wildlife Violator Compact is enacted into law and entered into by the State of Mississippi with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:

WILDLIFE VIOLATOR COMPACT

ARTICLE I FINDINGS, DECLARATION OF POLICY, AND PURPOSE

The party states find that:

  1. Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
  2. The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance or administrative rule relating to the management of those resources.
  3. The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of these natural resources.
  4. Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.
  5. Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
  6. The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.
  7. In most instances, a person who is cited for a wildlife violation in a state other than the person’s home state:
  8. The purpose of the enforcement practices described in paragraph (7) of this subdivision is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person’s way after receiving the citation, could return to the person’s home state and disregard the person’s duty under the terms of the citation.
  9. In most instances, a person receiving a wildlife citation in the person’s home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person’s way after agreeing or being instructed to comply with the terms of the citation.
  10. The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.
  11. The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time.

    ARTICLE II DEFINITIONS

    Unless the context requires otherwise, the definitions in this article apply through this compact and are intended only for the implementation of this compact:

    1. “Citation” means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.
    2. “Collateral” means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.
    3. “Compliance” with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment.
    4. “Conviction” means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.
    5. “Home state” means the state of primary residence of a person.
    6. “Issuing state” means the party state which issues a wildlife citation to the violator.
    7. “License” means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a party state.
    8. “Licensing authority” means the department within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
    9. “Party state” means any state which enacts legislation to become a member of this wildlife compact.
    10. “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.
    11. “State” means any state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries.
    12. “Suspension” means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.
    13. “Terms of the citation” means those conditions and options expressly stated upon the citation.
    14. “Wildlife” means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a party state. “Wildlife” also means food fish and shellfish as defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this compact shall be based on local law.
    15. “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.
    16. “Wildlife officer” means any individual authorized by a party state to issue a citation for a wildlife violation.
    17. “Wildlife violation” means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

      ARTICLE III PROCEDURES FOR ISSUING STATE

      ARTICLE IV PROCEDURES FOR HOME STATE

      ARTICLE V RECIPROCAL RECOGNITION OF SUSPENSION

      All party states shall recognize the suspension of license privileges or rights of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and would have been the basis for suspension of license privileges or rights in their state.

      ARTICLE VI APPLICABILITY OF OTHER LAWS

      Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

      ARTICLE VII COMPACT ADMINISTRATIVE PROCEDURES

      ARTICLE VIII ENTRY INTO COMPACT AND WITHDRAWAL

      ARTICLE IX AMENDMENTS TO THE COMPACT

      1. When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this article, if the officer receives the person’s personal recognizance that the person will comply with the terms of the citation.
      2. Personal recognizance is acceptable:
      3. Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule as minimum requirements for effective processing by the home state.
      4. Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule.
      5. Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state’s suspension procedures and shall suspend the violator’s license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.
      6. Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges.
      7. The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule.
      8. For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established.The board of compact administrators shall be composed of one (1) representative from each of the party states to be known as the compact administrator.The compact administrator shall be appointed by the head of the licensing authority of each party state, or his or her designee, and will serve and be subject to removal in accordance with the laws of the state the administrator represents.A compact administrator may provide for the discharge of the administrator’s duties and the performance of the administrator’s functions as a board of compact administrators member by an alternate.An alternate may not be entitled to serve unless written notification of the alternate’s identity has been given to the board of compact administrators.
      9. Each member of the board of compact administrators shall be entitled to one (1) vote. No action of the board of compact administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the board of compact administrators are cast in favor thereof. Action by the board of compact administrators shall be only at a meeting at which a majority of the party states are represented.
      10. The board of compact administrators shall elect annually, from its membership, a chairperson and vice chairperson.
      11. The board of compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.
      12. The board of compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same.
      13. The board of compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution.
      14. The board of compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to the board of compact administrators action shall be contained in the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule.
      15. This compact shall become effective when it has been adopted by at least two states.
      16. (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board of compact administrators.
        1. A citation of the authority by which the state is empowered to become a party to this compact;
        2. Agreement to comply with the terms and provisions of the compact; and
        3. That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact.
      17. A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.
      18. This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states.
      19. Adoption of an amendment shall require endorsement by all party states and shall become effective thirty days after the date of the last endorsement.
      20. Failure of a party state to respond to the compact chairperson within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.

      ARTICLE X CONSTRUCTION AND SEVERABILITY

      This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

      ARTICLE XI TITLE

      This compact shall be known as the “Wildlife Violator Compact.”

Must post collateral or bond to secure appearance for a trial at a later date; or

If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

Is taken directly to court for an immediate appearance.

It is the policy of the party states to:

Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states.

Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in their state.

Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator’s way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator’s home state is party to this compact.

Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state.

Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

Maximize effective use of law enforcement personnel and information.

Assist court systems in the efficient disposition of wildlife violations.

The purpose of this compact is to:

Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this article in a uniform and orderly manner.

Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person’s right of due process and the sovereign status of a party state.

If not prohibited by local law or the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule; and

If the violator provides adequate proof of the violator’s identification to the wildlife officer.

The resolution shall be in a form and content as provided in the compact manual adopted by the Commission on Wildlife, Fisheries and Parks as a rule and shall include statements that in substance are as follows:

The effective date of entry shall be specified by the applying state, but shall not be less than sixty days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board of compact administrators to each party state that the resolution from the applying state has been received.

HISTORY: Laws, 2007, ch. 345, § 1, eff from and after July 1, 2007.

Cross References —

Licensing generally, see §§49-7-1 et seq.

Comparable Laws from other States —

Alaska: Alaska Stat. § 16.05.332.

Arizona: A.R.S. § 17-501 et seq.

California: Cal Fish & G Code § 716 et seq.

Colorado: C.R.S. §24-60-2601 et seq.

Florida: Fla. Stat. § 379.2255.

Georgia: O.C.G.A. §27-2-40.

Idaho: Idaho Code § 36-2301 et seq.

Indiana: Burns Ind. Code Ann. §14-22-41-1 et seq.

Kansas: K.S.A. § 32-1061 et seq.

Louisiana: La. R.S. 56:69.21 et seq.

Maryland: Md. NATURAL RESOURCES Code Ann. § 10-1201.

Michigan: MCLS § 324.1615.

Mississippi: Miss. Code Ann. §49-10-1.

Montana: Mont. Code Anno., §87-1-801 et seq.

Nevada: Nev. Rev. Stat. Ann. § 506.010.

New Mexico: N.M. Stat. Ann. §11-16-1 et seq.

New York: NY CLS ECL § 11-2501 et seq.

North Carolina: N.C. Gen. Stat. § 113-300.5 et seq.

North Dakota: N.D. Cent. Code, § 20.1-16-01 et seq.

Oregon: ORS § 496.750.

South Dakota: S.D. Codified Laws §41-15A-1 et seq.

Utah: Utah Code Ann. §23-25-1 et seq.

Washington: Rev. Code Wash. (ARCW) § 77.75.070.

West Virginia: W. Va. Code §20-2C-1.

Wisconsin: Wis. Stat. § 29.03.

Wyoming: Wyo. Stat. §23-6-301 et seq.

§ 49-10-3. Penalties for violations by person whose hunting privileges are suspended under compact.

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

HISTORY: Laws, 2007, ch. 345, § 2, eff from and after July 1, 2007.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 49-10-5. Rules and regulations to be made and published by Commission on Wildlife, Fisheries and Parks.

The Commission on Wildlife, Fisheries and Parks shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of the Wildlife Violator Compact.

HISTORY: Laws, 2007, ch. 345, § 3, eff from and after July 1, 2007.

Chapter 11. Private Shooting Preserves

§ 49-11-1. Definitions.

For purposes of this chapter:

“Commission” means the Commission on Wildlife, Fisheries and Parks.

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

“Operator” means a person licensed to operate a shooting preserve or a commercial wildlife enclosure.

HISTORY: Codes, 1942, § 5899-01; Laws, 1962, ch. 182, § 1; Laws, 1997, ch. 546, § 1, eff from and after July 1, 1997.

Cross References —

Regulation of game and fish management projects, see §§49-5-13 et seq.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish and Game §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 3.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 5899-01, cited argumentatively, as indicating that licensing requirements apply equally to those hunting and fishing on privately as well as publicly owned lands. State v. Heard, 246 Miss. 774, 151 So. 2d 417, 1963 Miss. LEXIS 504 (Miss. 1963).

§ 49-11-3. Persons to whom operating licenses may be issued; area and other requirements; regulatory authority.

  1. The department may issue operating licenses to any person, partnership, association or corporation for the operation of shooting preserves or commercial wildlife enclosures that meet the following requirements and any applicable regulations:
    1. Each shooting preserve shall contain a minimum of one hundred (100) acres in one (1) tract of leased or owned land (including water area, if any) and shall be restricted to not more than six hundred forty (640) contiguous acres (including water area, if any), except that preserves confined to the releasing of ducks only may be authorized to operate with a minimum of fifty (50) contiguous acres (including water area).
    2. The boundaries of each shooting preserve shall be clearly defined and posted with signs erected at intervals of three hundred (300) feet or less.
    3. Each commercial wildlife enclosure shall contain a minimum of three hundred (300) acres in one (1) tract of leased or owned land (including water area, if any). No commercial wildlife enclosure shall be constructed in such a manner as to allow ingress of native wild animals without providing means of egress.
    4. The preserve or enclosure must be privately owned and operated.
  2. The commission may issue any rules or regulations necessary to regulate shooting preserves and commercial wildlife enclosures and to enforce this chapter.
  3. The commission may regulate the hunting of nonnative cervids within a commercial wildlife enclosure, and the department may enter such enclosure as provided under Section 49-11-25 and enforce such regulations.

HISTORY: Codes, 1942, § 5899-02; Laws, 1962, ch. 182, § 2; Laws, 1979, ch. 375, § 1; Laws, 1997, ch. 546, § 2; Laws, 2003, ch. 516, § 9; reenacted and amended, Laws, 2005, ch. 530, § 2; Laws, 2007, ch. 399, § 2; Laws, 2009, ch. 523, § 3; Laws, 2012, ch. 326, § 3; Laws, 2012, ch. 422, § 2; Laws, 2014, ch. 305, § 3, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 3 of ch. 326, Laws of 2012, effective July 1, 2012 (approved April 13, 2012), amended this section. Section 2 of ch. 422, Laws of 2012, effective from and after passage (approved April 18, 2012), also amended this section. As set out above, this section reflects the language of Section 3 of ch. 326, Laws of 2012, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The 2003 amendment added (3).

The 2005 amendment reenacted and amended the section by extending the date of the repealer in (3)(b) from July 1, 2005 to July 1, 2007.

The 2007 amendment extended the date of the repealer for (3) from July 1, 2007 until July 1, 2009.

The 2009 amendment extended the date of the repealer for subsection (3) by substituting “July 1, 2012” for “July 1, 2009.”

The first 2012 amendment (ch. 326), extended the repealer provision in (3)(b) from “July 1, 2012” to “July 1, 2014.”

The second 2012 amendment (ch. 422), extended the repealer provision from “July 1, 2012” to “July 1, 2014” at the end of (3)(b).

The 2014 amendment, in (3), deleted the “(a)” designation, and deleted (b), which read: “This subsection (3) shall repeal on July 1, 2014.”

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 3.

§ 49-11-5. Fees for shooting preserve and commercial wildlife enclosure licenses.

The fee for a shooting preserve license or a commercial wildlife enclosure license shall be One Hundred Dollars ($100.00) per year for the first three hundred (300) acres of shooting preserve area or commercial wildlife enclosure area, and Ten Dollars ($10.00) per year for each additional one hundred (100) acres or parts thereof.

HISTORY: Codes, 1942, § 5899-04; Laws, 1962, ch. 182, § 4; Laws, 1979, ch. 375, § 2; Laws, 1997, ch. 546, § 3, eff from and after July 1, 1997.

Cross References —

Direction that portion of all game and fish license fees collected each month be deposited into the Game and Fish Commission Motor Vehicle and Boat Fund, see §49-6-3.

§ 49-11-7. License to indicate whether preserve or commercial wildlife enclosure is open to public; records of department.

Each license issued by the department shall designate whether or not the preserve or commercial wildlife enclosure is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license shall specify that the area is a restricted shooting preserve or commercial wildlife enclosure. The department shall maintain accurate listings of the names and addresses of the licensees and the location of the property. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves or enclosures are public or private.

HISTORY: Codes, 1942, § 5899-12; Laws, 1962, ch. 182, § 12; Laws, 1997, ch. 546, § 4, eff from and after July 1, 1997.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 12, 13, 14.

§ 49-11-9. Chapter and license hereunder to be supplemental and additional.

This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.

HISTORY: Codes, 1942, § 5899-13; Laws, 1962, ch. 182, § 13; Laws, 1997, ch. 546, § 5, eff from and after July 1, 1997.

Cross References —

Commercial quail, see §§49-13-1 et seq.

§ 49-11-11. Repealed.

Repealed by Laws of 1989, ch. 377, § 11, eff from and after July 1, 1989.

[Codes, 1942, § 5899-11; Laws, 1962, ch. 182, § 11]

Editor’s Notes —

Former §49-11-11 required state hunting licenses for all persons hunting on shooting preserves.

§ 49-11-13. Hunting season.

The season for shooting preserves shall be for a period of seven (7) months beginning October 1 and ending April 30, except as further restricted by the operator.

HISTORY: Codes, 1942, § 5899-07; Laws, 1962, ch. 182, § 7; Laws, 1979, ch. 375, § 3; Laws, 1991, ch. 304 § 1; Laws, 1997, ch. 546, § 6, eff from and after July 1, 1997.

RESEARCH REFERENCES

ALR.

Applicability, to domesticated or captive game, of game laws relating to closed seasons and the like. 74 A.L.R.2d 974.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 48.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

§ 49-11-15. Game which may be hunted; authority of commission.

  1. Artificially propagated pheasants, quail, chukar partridges, mallards and black ducks, and any game bird authorized by the commission are the only game which may be hunted on shooting preserves under this chapter.
  2. Mallards and black ducks released on a shooting preserve must have a one-fourth (1/4) inch hole punched in the outer web of the right foot before the birds attain the age of six (6) weeks.
  3. The commission is authorized to specify the species of non-native wild game that may be released or hunted in commercial wildlife enclosures.

HISTORY: Codes, 1942, § 5899-03; Laws, 1962, ch. 182, § 3; Laws, 1979, ch. 375, § 4; Laws, 1997, ch. 546, § 7, eff from and after July 1, 1997.

§ 49-11-17. Recovery of released game.

The operating licenses issued by the department shall entitle licensees, and their guests or customers, to recover the total number of each species of game released on the premises each year.

HISTORY: Codes, 1942, § 5899-05; Laws, 1962, ch. 182, § 5; Laws, 1979, ch. 375, § 5; Laws, 1997, ch. 546, § 8, eff from and after July 1, 1997.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 50.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

§ 49-11-19. Authority of operators restrictions.

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.

HISTORY: Codes, 1942, § 5899-06; Laws, 1962, ch. 182, § 6; Laws, 1979, ch. 375, § 6; Laws, 1997, ch. 546, § 9, eff from and after July 1, 1997.

§ 49-11-21. Harvesting of wild game on shooting preserves or commercial wildlife enclosures.

Any native wild game found on shooting preserves or commercial wildlife enclosures may be harvested only in accordance with applicable game and hunting laws and regulations issued by the commission or the U.S. Fish and Wildlife Service.

HISTORY: Codes, 1942, § 5899-10; Laws, 1962, ch. 182, § 10; Laws, 1997, ch. 546, § 10, eff from and after July 1, 1997.

Cross References —

Open season on wild turkey, see §49-7-31.

Bag limit, see §49-7-41.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 50.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 8.

§ 49-11-23. Certificate issued to hunter or person leaving preserve with harvested game.

The operator shall furnish and issue a consecutively numbered certificate to any hunter or person leaving with harvested game. The certificate shall bear the license number and name of the shooting preserve or commercial wildlife enclosure or its licensed operator. The certificate shall contain the person’s name, address, date of issuance and number and species of harvested game in possession. The certificate must remain with the harvested game until the game is prepared for consumption.

HISTORY: Codes, 1942, § 5899-08; Laws, 1962, ch. 182, § 8; Laws, 1979, ch 375, § 7; Laws, 1997, ch. 546, § 11, eff from and after July 1, 1997.

§ 49-11-25. Records of operators; consent to patrolling of preserve or enclosure areas.

Each operator shall maintain a registration book listing the names and hunting license numbers of all hunters and the date on which they hunted. An accurate record must be maintained of the total number, by species, of game released and harvested each day the preserve or enclosure is hunted. The operator shall submit this information in an annual report of operations each year to the department not later than June 1 following. These records shall be open to inspection by the department at any reasonable time. Any person, partnership, association or corporation licensed hereunder consents to the patrolling of the shooting preserve or commercial wildlife enclosure areas by the department, without warrant, to determine if any of the game laws or regulations are being violated.

HISTORY: Codes, 1942, § 5899-09; Laws, 1962, ch. 182, § 9; Laws, 1979, ch. 375, § 8; Laws, 1997, ch. 546, § 12, eff from and after July 1, 1997.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 3.

§ 49-11-27. Penalties for violations.

Any person, firm or corporation violating any provision of this chapter is guilty of a Class I violation, and upon conviction thereof shall be punished as provided in Section 49-7-141. A multiple violator of this chapter shall be assessed double the maximum allowable fine.

HISTORY: Codes, 1942, § 5899-14; Laws, 1962, ch. 182, § 14; Laws, 1979, ch. 375, § 9; Laws, 1985, ch. 452, § 16; Laws, 1997, ch. 546, § 14; Laws, 2007, ch. 516, § 4; Laws, 2012, ch. 422, § 3, eff from and after passage (approved Apr. 18, 2012.).

Amendment Notes —

The 2007 amendment inserted “double” following “shall be assessed” in the second sentence.

The 2012 amendment deleted “and may, at the discretion of the commission, have his operator’s license suspended by operation of law for a period of one (1) year” from the end of the section.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation § 54.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (Complaint, petition, or declaration – By license holder – Against administrative agency – To enjoin further proceedings to suspend or revoke license – Attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

§ 49-11-29. Chapter not applicable to fox, coyote, or rabbit enclosures.

This chapter shall not apply to the operation of fox, coyote and rabbit enclosures as set forth in Section 49-7-34, Mississippi Code of 1972, and shall not be construed to regulate the operation of fox, coyote and rabbit enclosures.

HISTORY: Laws, 1997, ch. 546, § 13, eff from and after July 1, 1997.

Chapter 13. Commercial Quail

§ 49-13-1. Citation of chapter.

This chapter may be cited as the Mississippi Commercial Quail Law.

HISTORY: Codes, 1942, § 5922-01; Laws, 1962, ch. 185, § 1, eff from and after passage (approved May 2, 1962).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 3.

§ 49-13-3. Definitions.

As used in this chapter, the term:

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

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

“Pen-raised quail” means a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the Mississippi Commission on Wildlife, Fisheries and Parks.

“Quail” means all species of quail native to North America and coturnix quail.

HISTORY: Codes, 1942, §§ 5922-02, 5922-03; Laws, 1962, ch. 185, §§ 2, 3; Laws, 1979, ch. 378, § 1; Laws, 2000, ch. 516, § 80, eff from and after passage (approved Apr. 30, 2000.).

§ 49-13-5. Who may engage in the business of propagating quail for commercial sale.

Any person, firm or corporation may engage in the business of propagating pen-raised quail for the commercial sale for consumption thereof by complying with the provisions of this chapter and may thereafter sell either live quail or the carcasses of such pen-raised quail either within or without this state.

HISTORY: Codes, 1942, § 5922-02; Laws, 1962, ch. 185, § 2, eff from and after passage (approved May 2, 1962).

RESEARCH REFERENCES

ALR.

Applicability, to domesticated or captive game, of game laws relating to closed season and the like. 74 A.L.R.2d 974.

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 3, 9, 13.

§ 49-13-7. Commercial quail breeder’s license.

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.

HISTORY: Codes, 1942, § 5922-04; Laws, 1962, ch. 185, § 4; Laws, 2000, ch. 516, § 81, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Direction that portion of all game and fish license fees collected each month be deposited into the Game and Fish Commission Motor Vehicle and Boat Fund, see §49-6-3.

Exclusion of license for raising quail for other purpose than commercial sale, see §49-13-25.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

§ 49-13-9. Sale or transfer of quail carcasses; necessity of transfer by licensed commercial breeder; record of transfer; penalties.

The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the department. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.

HISTORY: Codes, 1942, § 5922-05; Laws, 1962, ch. 185, § 5; Laws, 1979, ch. 378, § 2; Laws, 2000, ch. 516, § 82, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 52, 56.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 9, 13, 16-18.

§ 49-13-11. Packaging and labeling for transferred quail carcasses.

The carcasses of dressed pen-raised quail shall, when sold or given as a gift, be contained in a package or wrapper possessing, in plain easy-to-read print, the licensed seller’s or donor’s name, name of quail business (if used) and address. The package or wrapper may contain one or more birds.

HISTORY: Codes, 1942, § 5922-06; Laws, 1962, ch. 185, § 6; Laws, 1979, ch. 378, § 3, eff from and after July 1, 1979.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 51, 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 3, 9, 11, 13.

§ 49-13-13. Shipment by carrier.

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.

HISTORY: Codes, 1942, § 5922-07; Laws, 1962, ch. 285, § 7; Laws, 1979, ch. 378, § 4, eff from and after July 1, 1979.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 51.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 13.

§ 49-13-15. Storage of carcasses.

If a package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boardinghouse, or elsewhere, the carcasses must remain in the packages or wrappers used by the licensed quail producer until the quail are being prepared for consumption.

HISTORY: Codes, 1942, § 5922-08; Laws, 1962, ch. 185, § 8; Laws, 1979, ch. 378, § 5, eff from and after July 1, 1979.

§ 49-13-17. Records; subsequent change of ownership.

In case of the resale or disposition of quail carcasses originally purchased or received from a licensed quail producer and in turn sold or donated by another person, a record of each subsequent change of ownership must be made. The following information must be recorded by the present owner about the owner who receives the quail: name and address of the person or business to which the quail carcasses were transferred, the date of the transfer and the kind and number of quail transferred. The record of the quail transfer of ownership must be kept by the person or business selling or donating the quail for a period of one (1) year following the ownership transfer and shall, upon request, be available for inspection by a representative of the department.

HISTORY: Codes, 1942, § 5922-09; Laws, 1962, ch. 185, § 9; Laws, 1979, ch. 378, § 6; Laws, 2000, ch. 516, § 83, eff from and after passage (approved Apr. 30, 2000.).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 52.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife §§ 3, 9, 13.

§ 49-13-19. Records; examination and inspection.

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.

HISTORY: Codes, 1942, § 5922-10; Laws, 1962, ch. 185, § 10; Laws, 2000, ch. 516, § 84, eff from and after passage (approved Apr. 30, 2000.).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 3.

§ 49-13-21. Shipments into state.

Any person, firm or corporation shipping quail into this state shall be subject to the provisions of this chapter.

HISTORY: Codes, 1942, § 5922-11; Laws, 1962, ch. 185, § 11, eff from and after passage (approved May 2, 1962).

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 51.

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 11.

§ 49-13-23. Penalties; suspension of license.

Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Multiple violations of this chapter shall be assessed fines near the maximum allowable limits. Also, a person with multiple violations of this chapter may, at the discretion of the commission, have his commercial quail breeder’s license suspended by operation of law for a period of one (1) year.

HISTORY: Codes, 1942, § 5922-12; Laws, 1962, ch. 185, § 12; Laws, 1979, ch. 378, § 7; Laws, 2000, ch. 516, § 85, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any violation of the game and fish statutes and regulations, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game, and Wildlife Conservation §§ 42, 43, 54.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (Complaint, petition, or declaration – By license holder – Against administrative agency – To enjoin further proceedings to suspend or revoke license – Attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license.)

CJS.

38 C.J.S., Game

Conservation and Preservation of Wildlife § 15.

§ 49-13-25. Raising of quail for other than commercial sale.

Nothing contained in this chapter shall be construed to require any person, engaging in the raising of quail for purposes other than the raising of quail for commercial sale for consumption, to secure a commercial quail breeder’s license, provided such person shall not raise more than one hundred (100) such birds in any calendar year for personal consumption.

HISTORY: Codes, 1942, § 5922-13; Laws, 1962, ch. 185, § 13, eff from and after passage (approved May 2, 1962).

Chapter 15. Seafood

Article 1. General Provisions.

§ 49-15-1. Public policy of the state as to seafood laws.

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

HISTORY: Codes, 1942, § 6047-01; Laws, 1960, ch. 173, § 1, eff from and after passage (approved March 23, 1960).

Cross References —

Required preparation and implementation of coastal area plan by marine resources council that would further public policy expressed by this section, see §57-15-6.

OPINIONS OF THE ATTORNEY GENERAL

The Commission on Marine Resources does not have the authority to establish criminal penalties under the Seafood Chapter of the Mississippi Code for violations of its ordinances. 1998 Miss. Op. Att'y Gen. 692.

The Commission on Marine Resources does not have the authority to levy administrative fines and to suspend or revoke fishing licenses for violations of the Commission’s Ordinances or of the Seafood Chapter. 1998 Miss. Op. Att'y Gen. 692.

RESEARCH REFERENCES

Am. Jur.

35A Am. Jur. 2d, Fish Game and Wildlife Conservation § 1.

CJS.

36A C.J.S., Fish § 2.

JUDICIAL DECISIONS

1. In general.

Construction of boathouse by property owner with littoral rights was subject only to regulation by Bureau of Marine Resources. Watts v. Lawrence, 703 So. 2d 236, 1997 Miss. LEXIS 88 (Miss. 1997).

§ 49-15-1.1. Assent to Pittman-Robertson Wildlife Restoration Act and Dingell-Johnson Sport Fish Restoration Act.

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

HISTORY: Laws, 2013, ch. 503, § 1, eff from and after passage (approved April 22, 2013).

§ 49-15-2. Standards for fishery conservation and management; fishery management plans.

Any fishery management plan, and any regulation promulgated to implement that plan or promu