MCA Chapter 15

in effect

Miss. Code Ann. § 57-15-1 Legislative declaration.

The Legislature hereby declares that this chapter is being enacted under the state’s inherent general welfare and police power authority for the broad purposes hereinafter set forth in an effort to explore, develop, conserve and market the underwater natural resources of this state, particularly those lying offshore in the coastal waters of the State of Mississippi.

Miss. Code Ann. § 57-15-3 Transfer of functions of Mississippi Marine Resources Council to Mississippi Commission on Marine Resources; office; construction of references.

The Mississippi Commission on Marine Resources, hereinafter referred to as the “council,” shall be the Mississippi Marine Resources Council, and shall function insofar as practicable under the provisions of Chapter 15 of Title 49, Mississippi Code of 1972, in cooperation with the Mississippi Department of Economic and Community Development and the Board of Trustees of State Institutions of Higher Learning, with particular reference to the Gulf Coast Research Laboratory, the Universities Marine Center, and the universities and colleges which are conducting oceanographic research. The offices of the commission shall be located in Hancock, Harrison or Jackson Counties. The words “Mississippi Marine Resources Council,” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Commission on Marine Resources.

Miss. Code Ann. § 57-15-5 Purpose; general powers and duties.

It is hereby declared to be the intent of the Legislature by this chapter that the policy of the council hereby created shall be conducted according to the following guidelines: the council shall have the general purpose and policy of studying and developing plans, proposals, reports and recommendations for the development and utilization of the coastal and offshore lands, waters and marine resources of this state in order to insure that all future plans and/or programs of the State of Mississippi involving the field of marine resources and sciences, oceanographic research, and related studies, will be coordinated with comparable functions and programs of agencies of the United States government. The council shall further have the purpose and policy to help coordinate, as hereinabove provided, all plans of other agencies of this state engaged in similar activities and of the various states of the United States of America, and also with all private agencies whose purpose is marine science and resource development. The council is further authorized to enter into contract with any state or federal agency as may be necessary and requisite to carry out the purposes of this chapter. The council shall have the responsibility for the general management of the state’s wetlands. The council is authorized and empowered to solicit and accept financial support from sources other than the state, including private or public sources or foundations. All funds received by or appropriated to the council shall be deposited upon receipt thereof into a special fund in the State Treasury to be known and designated as the “Mississippi Marine Resources Fund.” Expenditures from said fund shall be made in the following manner: expenditures by and for the council for the purpose of carrying out its functions as provided by law shall be made with the approval of the council at any meeting upon requisitions presented to the State Auditor in the manner provided by law, and paid by the State Treasurer. Full and complete accounting shall be kept and made by the council for all funds received and expended by it. Representatives of the office of the State Auditor of Public Accounts annually shall audit the expenditure of funds received by the council from all sources and the said auditor shall make a complete and detailed report of such audit to the Legislature. It is further provided that all state appropriated funds expended shall conform to all requirements of law as provided for expenditures. The council may solicit, receive and expend contributions, matching funds, gifts, bequests and devises from any source, whether federal, state, public or private, as authorized by annual appropriations therefor. The council may enter into agreements with federal, state, public or private agencies, departments, institutions, firms, corporations or persons to carry out its policies as provided for in this chapter. To accomplish these goals, the council may expend any such sums from any source as herein provided. The agreements provided for in this subsection shall include, but not be limited to, the following provisions: The duration of the agreement; The purpose of the agreement; A description of the procedures to be used in carrying out the purpose of the agreement; and Provisions for termination of the agreement. Any entity entering into such an agreement shall comply with the provisions therein. The council is authorized and empowered to accept financial support from any federal outer continental shelf revenue sharing programs. All funds received from such programs shall be deposited upon receipt thereof into a special trust fund in the State Treasury to be known and designated as the “Outer Continental Shelf Trust Fund.” Expenditures from said fund shall be made for the benefit of any project affecting any county in the State of Mississippi which borders on the Gulf of Mexico with the approval of the Legislature. The council may contract with other governmental agencies and third parties for the acquisition and management of lands and properties for inclusion in the “Coastal Preserve System.” For purposes of these contracts with other governmental agencies or third parties and the expenditure of funds pursuant to the contracts, the “Coastal Preserve System” as defined by the council shall be deemed to be a part of the ecosystems of the Public Trust Tidelands. Contracts authorized under this section may provide funds for the management of properties included in the “Coastal Preserve System.” There is established a special account to be known as the “Coastal Preserve System Timber Account” within the Mississippi Marine Resources Fund. Any funds received from the salvage or harvesting of timber or sale of other forest products from lands included in or managed as a part of the Coastal Preserve System shall be credited to the account. Any unexpended funds remaining in the account at the end of the year shall not lapse, but shall remain in the account. The account shall be treated as a special trust fund and interest earned on the principal shall be credited to the account. Any funds in the account may be expended, subject to the approval of the Legislature, for the management and improvement of the Coastal Preserve System and for the acquisition of additional lands for inclusion in the Coastal Preserve System.

Miss. Code Ann. § 57-15-6 Coastal program.

In recognition of the Coastal Zone Management Act of 1972, as amended, the council is directed to prepare and implement a coastal program that establishes guidelines and procedures pursuant to the following goals: To provide for reasonable industrial expansion in the coastal area and to insure the efficient utilization of waterfront industrial sites so that suitable sites are conserved for water dependent industry; To conserve the resources of the coastal area for this and succeeding generations in accordance with the public policies expressed in Sections 39-7-3, 49-15-1, 49-17-3, 49-27-3 and 51-3-1, Mississippi Code of 1972; To consider the national interest involved in planning for and in the siting of facilities in the coastal area; To encourage the preservation of natural scenic qualities in the coastal area; To assist local governments in the provisions of public facilities and services in a manner consistent with the coastal program; and To insure the effective, coordinated implementation of public policy in the coastal area of Mississippi comprised of Hancock, Harrison and Jackson Counties. It is the intent of the Legislature that the coastal program described in subsection (1) of this section should comprise a statement of consolidated state policy in the coastal area, incorporating all applicable constitutional provisions, laws and regulations of the State of Mississippi. Where the coastal program includes provisions that are otherwise under the jurisdiction of another state agency, the coastal program shall not conflict with such agency’s jurisdiction. In addition to the powers and duties now conferred upon them by law, all state agencies shall carry out their responsibilities in the coastal area in compliance with the coastal program described in subsection (1) of this section unless otherwise prohibited by law. The coastal program shall include procedures by which conflicts between state agencies concerning their compliance with the coastal program may be resolved. Further, the council shall establish in the program procedures to review and coordinate any decisions affecting the coastal area so that all state agencies and other interested parties will have the opportunity to participate in such decisions. In cooperation with other agencies having responsibilities in the coastal area, the council shall seek to develop “one-stop permitting” to coordinate the processing and issuing of permits, licenses and other such instruments in the coastal area. It is the intent of the legislature that one-stop permitting shall expedite the decision making of all governmental entities having separate regulatory jurisdiction or authority over activities in the coastal area without impinging on the regulatory jurisdiction or authority of these governmental entities. One-stop permitting shall be implemented by means of the agreements authorized in subsection (4) of Section 57-15-5, and shall provide for the following: A single application form for all required permits or approvals from governmental entities in the coastal area; such application form shall contain sufficient information so that the necessary reviews of all affected governmental entities can be expeditiously carried out; Consolidated public hearings so that a single public hearing may serve to meet the requirements of the several public hearings as may now be provided by law for issuing a permit, license or other such instrument in the coastal area; The shortest practicable review period for applications, proper allowances being made for all interested parties to become informed and to make their opinions heard by the appropriate agencies; and Joint permitting procedures for state and federal agencies. The one-stop permitting provided for in this subsection shall not alter the powers, duties and responsibilities of any governmental entity, its expressed purpose being to improve the procedural operations of these entities. After consultation with county port authorities, development commissions, and port and harbor commissions having jurisdiction in the coastal area, the council shall prepare as part of the coastal program a long-term plan for the development of suitable sites for water dependent industry. The council shall include in this plan provisions for the disposal of spoil material from dredging operations. In designating suitable sites for water dependent industry, the council shall consider the nature and extent of specific alterations that would serve a higher public interest pursuant to the development of these sites. Where necessary to implement the coastal program described in subsection (1) of this section, the council may acquire real or personal property by purchase, condemnation, lease or agreement as authorized from time to time by the legislature.

Miss. Code Ann. § 57-15-7 Objectives.

The council exercising the prerogatives and functions as set out in Section 57-15-5, shall have as the aim for the State of Mississippi to provide for effective, efficient and economic development of marine resources available to the State of Mississippi, and to cause suitable skilled professionals and labor to harness the marine resources of this state’s coastal, offshore and water resources toward achieving the highest economic growth potential possible through modern concepts and technology in the oceanographic field and scientific discovery of underwater marine resources. To accomplish these goals, the council shall carry out or cause to be carried out continuing study of the science of oceanography as it relates to Mississippi, and the development of a long-range oceanographic program for the State of Mississippi.

Miss. Code Ann. § 57-15-9 Advisory functions.

The council, exercising its duties and responsibilities, shall also act in an advisory capacity to the Governor and all related state agencies, including the Board of Trustees of State Institutions of Higher Learning, the Gulf Coast Research Laboratory and the Universities Marine Center which are conducting oceanographic research. All state boards and agencies engaged in activities in the field of marine resources and technology shall utilize this commission as a clearinghouse on all present and future joint federal-state programs whether presently administered by an existing agency or not; to advise on the best programs available to the State of Mississippi for the development of its marine resources, and how to apply for, receive or hold any and all such authorizations, licenses and grants necessary and proper therefor; to advise on the utilization of all facilities in the State of Mississippi for marine research and development, such as the future maximum utilization of the NASA-Mississippi Test Facility, but not limiting the provisions of this chapter exclusively thereto; and to advise on all in-depth studies necessary to carry out the provisions of this chapter. This chapter shall not, however, abrogate the authority of the Mississippi Commission on Marine Resources, the Board of Trustees of State Institutions of Higher Learning or the Gulf Coast Research Laboratory, the Universities Marine Center, or of the individual institutions under the board’s control to apply for grants, and to carry out oceanographic research. Said council is hereby authorized to receive services, gifts, contributions, property and equipment from public and private sources to be utilized in the discharge of the council’s functions, all to be done within the purview of this chapter.

Miss. Code Ann. § 57-15-10 Adoption, etc., of regulations governing marine resources by Commission on Marine Resources; effect of regulations of Commission on Wildlife, Fisheries and Parks.

The Commission on Marine Resources may adopt, modify or repeal regulations to manage any matter pertaining to the marine resources of the state, unless the matter is governed by statute. Regulations of the Commission on Marine Resources shall supersede like regulations adopted by the Commission on Wildlife, Fisheries and Parks under its former powers related to the management of marine resources.

Miss. Code Ann. § 57-15-11 Repealed.

Repealed by Laws, 1978, ch. 484, § 26, eff from and after July 1, 1979. [Codes, 1942, §§ 8946-155 to 157; Laws, 1970, ch. 293, §§ 5-7]

Miss. Code Ann. § 57-15-17 Minutes of proceedings.

The executive director of the council shall keep regular and accurate minutes of the council’s proceedings in a minute book provided for that purpose which shall be a public record and all findings and recommendations and acts of the said council shall be entered upon its minutes as may be necessary for its official acts, deeds, expenditures and other major objectives to be in keeping with established state agencies.