Title 49, Conservation and Ecology

The Governor of this state is hereby authorized and directed to execute a compact on behalf of the State of Mississippi with any one or more of the states of Florida, Alabama, Texas, and Louisiana, and with such other states as may enter into the compact, legally joining therein …

In pursuance of Article III of said compact there shall be three (3) members (hereinafter called commissioners) of the Gulf States Marine Commission (hereinafter called commission) from the State of Mississippi. The first commissioner from the State of Mississippi shall be presid…

All officers of the State of Mississippi are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular, it being hereby declared to be the policy of th…

There is hereby granted to the commission and the commissioners thereof all the powers provided in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. Said powers shall be regarded as in aid of and supplemental to a…

The commissioner shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Mississippi on or before the tenth day of February in each year, setting forth in detail the transactions conducted by it during th…

(1) Except as otherwise provided in Section 49-15-207, when any property is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972, proceedings under this section shall be instituted promptly. The seizing law enforcement agency may, in the sound exercise of dis…

(1) Except as otherwise provided in Section 49-15-207, an owner of property that has been seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972, shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed,…

(1) All other property which is forfeited under Sections 49-15-201 through 49-15-207, and except as provided in subsections (2), (5) and (6) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and…

(1) When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972, the property may be forfeited by the administrative forfeiture procedures provided for in this section. (2) Th…

(1) The Mississippi Advisory Commission on Marine Resources is hereby established and full power is vested in the advisory commission to advise the Executive Director of the Department of Marine Resources on all matters pertaining to all saltwater aquatic life and marine resource…

(a) The advisory commission shall have the following powers and duties:(a) To advise the department regarding marine resources within the jurisdiction of the department;(b) To advise the executive director on whether to execute contracts, grants and cooperative agreements with an…

The department, with the advice of the advisory commission, may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marin…

(1) The Governor shall appoint the Executive Director of the Department of Marine Resources, with the advice and consent of the Senate, who shall serve at the will and pleasure of the Governor. The executive director shall be knowledgeable and experienced in marine resources mana…

(a) The department shall have the following powers and duties:(a) To implement the policy of the department regarding marine resources within the jurisdiction of the department;(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, beque…

(1) The department is hereby authorized and directed to establish and maintain a saltwater recreational fishing record list of marine fish taken in the state. (2) The department shall direct fisheries biologists of the department to seek records from fishing rodeos, tournaments o…

The department may obtain and pay on coverage for physical loss and liability upon any vehicle or aircraft owned or under control of the department. The department may determine the limits of each insurance policy.

(1) Any resident between the ages of sixteen (16) and sixty-five (65) years, as defined in Section 49-7-3, fishing in the marine waters of the state, shall obtain a saltwater sports fishing license for a fee of Ten Dollars ($10.00). A resident sixty-five (65) years of age or olde…

(1) It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the marine waters north of the CSX bridge in the three (3) coastal counties, except for the following:(a) A person may take any eu…

Any charter or recreational fishing boat in the Gulf of Mexico over twenty-four (24) hours before returning to land may fillet any fish caught by its charter or recreational fishermen. The commission shall not adopt any rule or ordinance prohibiting or unduly restricting the fill…

(1) Any charter or recreational fishing boat which will be in the Gulf of Mexico over twenty-four (24) hours shall file a float plan with the department prior to departure. (2) If a float plan is not filed, the fish on such boat shall not be filleted.

The commission is hereby authorized to establish sanctuaries to protect the state’s fishing resources. The establishment of a sanctuary shall be based on overall public interest and prudent fisheries management and research. The commission shall establish nursery grounds in the e…

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state’s territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Con…

(1) The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support,…

It is the purpose of this article to establish an administrative hearing procedure for the Mississippi Department of Marine Resources to enforce the rules and regulations set forth in Title 22 of the Administrative Code and Sections 49-15-1 through 49-15-321, 49-27-1 through 49-2…

(1) When any allegation or charge in the form of a complaint has been made against a person for violations pursuant to the authorities outlined in Section 49-15-401 and such matter has been brought before the department for administrative penalty processing, the department shall:…

(1) If the alleged violator requests a formal hearing within thirty (30) days from the receipt of the finding and imposed fine, or within fifteen (15) days from the receipt of the executive director’s decision following the information settlement, the executive director shall des…

Failure of the alleged violator to request an informal settlement conference, a hearing, or to respond to the complaint within thirty (30) days shall constitute a waiver of the right to a hearing, and any penalties assessed by the executive director shall be due and payable as pr…

The department shall have jurisdiction over all persons and property necessary to administer and enforce the provisions of this article and the authorities outlined in Section 49-15-401. The department may adopt rules and regulations to implement the provisions of this article.

(1) Any individual aggrieved by a final decision of the executive director shall be entitled to judicial review. (2) Any appeal from the executive director’s decision shall be filed in the Chancery Court of the Second Judicial District of Harrison County, Mississippi, on the reco…

Each violation of the rules and regulations set forth in Title 22 of the Administrative Code or violations of the statutes set forth in Chapters 15 and 27 of Title 49, and Chapter 21 of Title 59, Mississippi Code of 1972, shall be subject to the imposition of a civil penalty up t…

(1) Any penalty assessed by the department shall be due and payable within forty-five (45) days of the notification of the decision. All sums of money collected as a result of criminal or civil penalties levied under this article shall be paid into the Seafood Fund created and de…

No person shall be subject to criminal prosecution or to any penalty or forfeiture in a separate proceeding for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the commission…

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”

(1) Whenever used in Sections 49-17-101 through 49-17-123, unless a different meaning clearly appears from the context, the following terms, whether used in the singular or plural, shall be given the following meanings:(1) “Bonds” shall include notes, bonds and other obligations …

(a) Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections 49-17-105 through 49-17-123, any municipality is hereby authorized and empowered:(a) To acquire, purchase, construct, operate, maintain and replace pollution contro…

All bonds issued by a municipality under authority of Sections 49-17-101 through 49-17-123 shall be limited obligations of such municipality. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by the municipality pursua…

The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the municipality, as the case may be, pursuant to either of the agreements specified in subsections (d) and (e) of Section 49-17-103 and may also, in the case of an a…

Any bonds issued under authority of Sections 49-17-101 through 49-17-123, and at any time outstanding, may, at any time and from time to time, be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing board may deem necessary, but not to…

Contracts for acquisition, purchase, construction and/or installation of facilities contemplated by Sections 49-17-101 through 49-17-123 shall be effected in the manner prescribed by law for public contracts; provided, however, where (a) the municipality finds and records such fi…

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention…

Every agreement under either subsection (d) or (e) of Section 43-17-103 shall contain a covenant obligating the industry to effect the completion of the pollution control facilities if the proceeds of the bonds, including parity completion bonds, if any, prove insufficient, and e…

Any agreement made under subsection (e) of Section 49-17-103 may provide that the pollution control facilities will be owned by the municipality, and leased to the industry; may provide the industry with an option to purchase the pollution control facility upon such terms and con…

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the…

The bonds authorized by Sections 49-17-101 through 49-17-123 and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all pollution control facilities (when owned by the municipali…

No bonds shall be issued pursuant to the provisions of Sections 49-17-101 through 49-17-123 until the proposal of the governing board to issue the bonds shall receive the approval of the board. Whenever the governing board shall propose to issue bonds pursuant to the provisions o…

Nothing in Sections 49-17-101 through 49-17-123 shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.