MCA Chapter 4

in effect

Miss. Code Ann. § 49-4-1 Declaration of purpose.

It is hereby declared to be the intent of the Legislature to conserve, manage, develop and protect our natural resources and wildlife for the benefit of this and succeeding generations by reorganizing the natural resource and wildlife conservation functions of state government into the Mississippi Department of Environmental Quality and the Mississippi Department of Wildlife, Fisheries and Parks thereby providing more effective organizations through which the methods of conserving, managing, developing and protecting our natural resources and wildlife can be analyzed, coordinated and implemented.

Miss. Code Ann. § 49-4-3 Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires: “Department” means the Mississippi Department of Wildlife, Fisheries and Parks. “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Executive director” means the chief officer of the department.

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

There is hereby created the Mississippi Commission on Wildlife, Fisheries and Parks, to be composed of five (5) persons appointed by the Governor, with the advice and consent of the Senate, for a term of five (5) years. One (1) person shall be appointed from each congressional district. The initial terms of the members shall be one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) years. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be made from the respective congressional district for the unexpired term only. The commission shall elect from its membership a chairman who shall preside over meetings and a vice-chairman who shall preside in the absence of the chairman or when the chairman shall be excused. The commission shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Constitution, and shall enter into bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law, and payable to the State of Mississippi before assuming the duties of office. Any member who shall not attend three (3) consecutive regular meetings of the commission shall be subject to removal by a majority vote of the commission members. The members of the commission shall receive no annual salary but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law. The commission shall be composed of persons with a demonstrated history of involvement in at least one (1) of the matters of jurisdiction of the commission and whose employment and activities are not in conflict. All of the Commissioners shall be an active outdoorsman holding a resident hunting or fishing license in at least five (5) of the ten (10) years preceding appointment. A member shall not have a record of conviction of violation of fish or game laws and regulations within five (5) years preceding appointment or a record of any felony conviction. The commission shall have the power to adopt, amend and repeal such regulations and rules as may be necessary for the operation of the department. The commission shall have the power and authority to issue all licenses and permits under the jurisdiction of the department. In the furtherance of its duties and responsibilities, the commission may conduct hearings, gather testimony and perform other functions required to carry out its powers and duties as prescribed by statute. The commission shall have all power for conserving, managing and developing wildlife and fishery resources except for saltwater aquatic life and marine resources under the jurisdiction of the Mississippi Commission on Marine Resources.

Miss. Code Ann. § 49-4-5 Repealed.

Repealed by Laws of 1989, ch. 544, § 120, eff from and after July 1, 1989. [En Laws, 1978, ch. 484, § 12; Laws, 1980, ch. 560, § 23; Laws, 1988, ch. 325]

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

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

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

The commission shall establish and appoint advisory committees for Parks and Recreation and Wildlife and Fisheries. The advisory committees shall aid the commission in formulating policies, discussing problems and considering other matters related to these areas as designated by the commission. The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department. The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.

Miss. Code Ann. § 49-4-8 Powers and duties of department.

The Department of Wildlife, Fisheries and Parks shall have the following powers and duties: To conserve, manage, develop and protect the wildlife of the State of Mississippi. To take charge and have full jurisdiction and control over all state parks. To cooperate with other entities and agencies in developing and implementing such plans as necessary for the conservation, protection, beautification and improvement of the quality of the environment and living natural resources.

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

Effective July 1, 1979, the Department of Wildlife, Fisheries and Parks shall have the following powers and duties: To formulate the policy of the department regarding wildlife and fisheries within the jurisdiction of the department; To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source; To commission or conduct studies designed to determine alternative methods of managing and conserving the wildlife and fisheries resources of this state in a manner to insure efficiency and sustained productivity; To receive the advice and counsel of the advisory committees created for the Division of Parks and Recreation and the Division of Wildlife and Fisheries; and To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.

Miss. Code Ann. § 49-4-11 Qualifications of executive director.

The executive director shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage a multifunctional agency. The minimum qualifications for the position of executive director are as follows: A master’s degree in one (1) of the management functions of the agency, wildlife or fisheries conservation, parks and recreation or related sciences or a master’s degree in public or business administration and at least six (6) years’ experience in a public or private organization with administrative management functions similar to those of the agency. At least three (3) of the six (6) years’ experience must be in a position with administrative management responsibilities, including personnel supervision and budget management; or A bachelor’s degree in wildlife or fisheries conservation, biology, parks and recreation, forestry, agriculture or related sciences or a bachelor’s degree in public or business administration and at least eight (8) years’ experience in a public or private organization with administrative management functions directly related to those of the agency, with four (4) of those years in an administrative management position with personnel supervision and budget management responsibilities.

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

Effective July 1, 1979, the executive director of the Department of Wildlife, Fisheries and Parks shall have the following powers and duties: To supervise and direct all administrative and technical activities of the department; To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields, and such other technical and clerical staff as may be required for the operation of the department; To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of wildlife, fisheries and parks; To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have; To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to wildlife, fisheries and parks, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature; In his discretion, to enter into an affinity relationship with a credit card issuer and to expend funds derived therefrom to improve wildlife management areas; and To carry out all regulations and rules adopted by the commission and enforce all licenses and permits issued by the commission.

Miss. Code Ann. § 49-4-15 Repealed.

Repealed by Laws of 1996, ch. 405, § 4, eff from and after passage (approved March 21, 1996). [Laws, 1978, ch. 484, § 17; Laws, 1989, ch. 544, § 119; Laws, 1990, ch. 522, § 33, Laws, 1993, ch. 574, § 2]

Miss. Code Ann. § 49-4-17 Repealed.

Repealed by Laws of 1989, ch. 544, § 120, eff from and after July 1, 1989. [En Laws, 1978, ch. 484, § 18]

Miss. Code Ann. § 49-4-19 Traveling expenses of departmental employees.

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

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

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

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

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

Miss. Code Ann. § 49-4-23 Repealed.

Repealed by Laws of 1989, ch. 334, § 1, eff from and after March 7, 1989. [En Laws, 1980, ch. 528; Laws, 1984, ch. 488, § 232]

Miss. Code Ann. § 49-4-25 Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994. [Laws, 1984, ch. 410]

Miss. Code Ann. § 49-4-27 Repealed.

Repealed by Laws of 1995, ch. 409, § 10, eff from and after passage (approved March 15, 1995). [En Laws, 1985, ch. 445, § 2]

Miss. Code Ann. § 49-4-29 Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994. [Laws, 1988, ch. 548, § 1]

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

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

Miss. Code Ann. § 49-4-33 Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994. [Laws, 1990, ch. 531, § 1; Laws, 1991, ch. 618, § 31; Laws, 1992, ch. 491 § 33; Laws, 1993, ch. 399, § 1]

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

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

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

The Department of Wildlife, Fisheries and Parks may establish and operate a fish hatchery in North Mississippi at a site to be determined by the department with the approval of the commission to enable the department to adequately stock public lakes and streams in North Mississippi. For such purpose, the department shall use those funds that are made available by any agency of the state or federal government, an appropriation by the Legislature or any other source. The department is designated as the governing authority of any such fish hatchery and the operation and maintenance of the fish hatchery shall meet the standards of the department and state law regarding the operation of a fish hatchery. The department may accept funds from any source and those funds shall be used to pay the maintenance, operational and administrative expenses of the fish hatchery. The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land: The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less. All that land in the Northeast Quarter; north of a line starting at monument stamped “LA-42A”; and running northeasterly to a monument stamped “LA-43”, Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less. The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery. The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.

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

The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services. The commission shall have the following powers and duties: Prescribe the form and type of licenses; Establish fees for the types of licenses; the fee for guide services licenses not to exceed One Hundred Fifty Dollars ($150.00); the fee for outfitters licenses not to exceed Two Hundred Fifty Dollars ($250.00); and To exercise all powers and make any regulations necessary to regulate such services.

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

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