Biological Diversity Policy

Mississippi has no formal biodiversity policy. State statutes contain several references, however, to the legislature's intent to conserve and perpetuate wildlife, natural resources, nongame and endangered wildlife, and areas such as coastal wetlands and tidelands. (Miss. Code Ann. 49 4-1; 49-5-103; 49-5-143; 49-27-3; 29-15-3)

Status of Biodiversity Science

Mississippi does not have a coordinated assessment system in place. The state utilizes a Natural Heritage program. (Miss. Code Ann. 49-5-141 et seq.) A Commission on Wildlife, Fisheries and Parks is charged with using this data, establishing a registry of natural areas, and managing natural area preserves. (Miss. Code Ann. 49-5-147, 149) GAP was scheduled to begin in 1995.

Endangered Species

Mississippi has a Nongame and Endangered Species Conservation Act that protects species and subspecies of animals, but not plants. (Miss. Code Ann. 49-5-1O1 et seq.) Listings are based on scientific and commercial data. Recovery plans are authorized but not required. Critical habitat designation and agency consultation are not required. Penalties for violation include fines up to $1,000 and/or imprisonment of one year, plus seizure of property used in the violation.

State Agency Management for Biodiversity

State-owned Lands

Mississippi has several provisions for public lands management that are designed for biological sustainability. The Mississippi Prescribed Burning Act allows for prescribed burning of public lands to prevent significant loss of the state's biological diversity. (Miss. Code Ann. 49-19-301 et seq.) By statute, forest lands are required to be managed to preserve resources for future generations. (Miss. Code Ann. 49-19-53) The Coastal Wetlands Protection Act protects publicly owned wetlands. (Miss. Code Ann. 49-27-1 et seq.)

Cooperative Efforts

Some cooperative efforts exist to improve land management across ownership boundaries. Mississippi is a member of the Interstate Environmental Compact to promote coordinated environmental protection among the states. (Miss. Code Ann. 49-21-l) In addition, under the Natural Heritage Law of 1978, the state cooperates with private landowners to protect habitat and other state treasures. (Miss. Code Ann. 49-5- 141 et seq.)

State Agency Training

Mississippi does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

Mississippi does not have a "little NEPA," requiring assessment of major proposed agency actions on biological resources. The only identified assessment requirement is a statute requiring the siting of hazardous waste facilities to consider proximity to parks, forests, wilderness areas, and nature preserves. (Miss. Code Ann. 17-18-15, 17-17-151)

Habitat Acquisition

Mississippi has programs designed to acquire land for natural diversity and wildlife. The Department of Wildlife, Fisheries and Parks acquires state lands for wildlife, parks and refuges. Land is also acquired for the management of nongame wildlife. Funding mechanisms include a Wildlife Heritage Fund, which consists of nonresident hunting fees. In addition, line-item legislative appropriations occur, and a 1994 bond provides $10 million in funding for habitat acquisitions. A state income tax check off has been in place since 1986.

Private Land Conservation

Mississippi has private land conservation programs to protect land for natural diversity. The Natural Heritage Program allows landowners to manage private lands as natural areas that are representative of an element of thc state's natural diversity. (Miss. Code Ann. 49-5-141 et seq.) Dedicated natural areas receive a reduction in property taxes. Coastal wetlands that abut private land are also excluded from property taxes. (Miss. Code Ann. 49-27-67) Conservation easements are authorized by statute. (Miss. Code Ann. 89- 19- 1 et seq.)

Exotic Species

Mississippi has few provisions designed to control the introduction and spread of exotic species. Wild or fur bearing animals cannot be imported without a permit. (Miss. Code Ann. 49-7-16) Exotic birds, alligators, catfish and piranhas are regulated, while the importation of live skunks is prohibited. (Miss. Code Ann. 75-40-1) No provisions to control plant species were identified.

Predator or Animal Damage Control Activities

Mississippi's animal damage control program is operated cooperatively by the state and the federal government. The state deals primarily with deer damage and urban species, the private, state and federal sectors deal with beaver and coyote problems, and the federal government focuses on migratory birds. By statute, bounties can be offered for nutria, beaver, or bobcat. In addition, specified birds can be killed without a permit when depredating poultry or crops.

Additional Legal Protections for Biodiversity

No constitutional or common law protections were identified by the research.

Related Issues

Mississippi has several programs of environmental education such as Project WILD. In addition, the state is expected to publish a wildlife viewing guide, though independent of the Watchable Wildlife series.

Mississippi passed a takings law in 1994, the Mississippi Forestry Activities Act, allowing landowners of forested areas to seek compensation for agency rules that decrease property values over 40 percent. In 1995, the law was extended to cover agricultural lands.

Contacts:

Department of Agriculture and Commerce
P.O. Box 1609
Jackson, MS 39215-1609
601-354-7050

Department of Wildlife, Fisheries, and Parks
2906 Building
P.O. Box 451
Jackson, MS 39205
601-362-9212

Forestry Commission
301 N. Lamar St.
Suite 300
Jackson, MS 39201
601-359-1386

State Extension Services
Mississippi State University
Mississippi State, MS 39762
601-325-8726

Mississippi Natural Heritage Program
Museum of Natural Science
111 North Jefferson Street
Jackson, MS 39201-2897
601-354-7303