Fish, Game and Bird Protection and Refuges

Miss. Code Ann. tit. 49, ch. 5
in effect

Miss. Code Ann. § 49-5-1 Public lands.

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. 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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-7 What birds protected.

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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

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

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. 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. 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. 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. 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.

Miss. Code Ann. § 49-5-13.1 1. Department to develop and implement safety program for hiking, horseback riding and walking trails in wildlife management areas during gun season.

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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

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

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. 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. The department shall prepare and submit annually to the Legislature a budget for its proposed operation. The budget required shall reflect all anticipated revenues from all sources, including all grants and matching funds, together with all proposed expenditures. The budget shall be prepared in the same manner as is now required of other departments of this state. The department shall be subject to budgetary control and audit in the same manner as is provided by law for other departments and agencies. Nothing in this section shall be construed as requiring legislative appropriation of such Fisheries and Wildlife Fund, but it is intended that expenditure of such funds shall be under authority of the budget approved as herein provided and as authorized by the Legislature.

Miss. Code Ann. § 49-5-23 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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 .

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-39 Fines and penalties.

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. 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. Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 49-5-41 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.

Miss. Code Ann. § 49-5-43 Duties of sheriffs and other peace officers.

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. It shall be the duty of the conservation officer, sheriff, constable and city, town and village officers within the county to arrest, with or without process, any person whom they may know or have good reason to believe is violating the provisions of Section 49-5-5 and shall take them before the proper justice of the peace or other officer to be dealt with according to law. Any private person may arrest any person violating the above section in his presence.

Miss. Code Ann. § 49-5-45 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-61 Transfer of powers and duties of Wildlife Heritage Committee.

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. 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.

Miss. Code Ann. § 49-5-63 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-71 Acquisition and disposition of real and personal property; easements and rights-of-way.

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. 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. 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. In order to carry out its management responsibilities over all state lands which are now or may hereafter come under its jurisdiction, the Department of Wildlife, Fisheries and Parks is authorized to grant easements and rights-of-way over and across any part of such state lands. Such easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the department may deem to be in the best interest of the state, consistent with the use of such lands for recreational purposes. Any easement for a utility line shall be granted for that period of time which the department deems to be in the best interest of the management of such lands.

Miss. Code Ann. § 49-5-73 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-77 Wildlife Heritage Fund; gifts; administration of acquired property.

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. 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. The commission is authorized and empowered to accept and earmark for any purpose, not inconsistent with the provisions of Sections 49-5-61 through 49-5-85, any gift or devise, lands or money from any person, firm, corporation or governmental unit on such terms and conditions as the donor may designate.

Miss. Code Ann. § 49-5-78 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.

Miss. Code Ann. § 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]

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-87 Commission to take title to certain lands in name of state.

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: Seventeen thousand two hundred seventy-eight (17,278) acres, more or less, in George County, Mississippi; and Fourteen thousand six hundred twenty-eight (14,628) acres, more or less, in Jackson County, Mississippi. 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. 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. 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. 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.

Miss. Code Ann. § 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).

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-99 Open access to and use of land managed by commission for recreational hunting; certain limitations; report of acreage managed by commission.

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. 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. The commission is not required to give preference to hunting over other uses or priorities established by state law. 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. 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: The acreage managed by the commission that has been closed to recreational hunting during the previous year and the reasons for the closures; and The acreage managed by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year.

Miss. Code Ann. § 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.”

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.”

Miss. Code Ann. § 49-5-143 Legislative findings and declaration.

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. The Legislature further finds and declares that a system of protection and management of these areas should be implemented and maintained through a procedure of voluntary action by the owners of the property on which these areas may be located.

Miss. Code Ann. § 49-5-145 Purpose.

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. The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is also to establish a dedication procedure by which owners of natural areas may voluntarily agree to convey any or all of their right, title and interest in the property to the State of Mississippi to be managed and protected by an appropriate agency designated by the Mississippi Commission on Wildlife, Fisheries and Parks for the people of Mississippi.

Miss. Code Ann. § 49-5-147 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-5-153 Registration of natural areas.

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. 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.

Miss. Code Ann. § 49-5-155 Dedication of natural areas to commission; exemption from ad valorem taxation.

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. 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. 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. The articles of dedication shall contain: Provisions for the management, custody and use of the natural area preserve; 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 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. 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. 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. 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. 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.

Miss. Code Ann. § 49-5-157 Management, protection and inspection of natural area preserves.

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. 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.

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