Sources: Mississippi Code, 1972 Annotated, Title 49; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
It is 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 Natural Resources and the Mississippi Department of Wildlife, Fisheries and Parks (formerly the Mississippi Department of Wildlife Conservation) 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 (49- 4-1). The ownership and title of all mussels found in or upon the fresh water bottoms within the state is declared to be vested in the state (49-9-3).
The legislature finds and declares: it is the policy of the Department to manage certain nongame wildlife for human enjoyment, 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 endangered species or subspecies of wildlife by prohibiting the taking, possession, transportation, exportation, processing, sale or offer of such within this state of species or subspecies of wildlife listed on the US lists of Endangered Fish and Wildlife unless such actions will assist in preserving or propagating the species or subspecies; 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 (49-5-103).
Recognizing the inestimable importance to the state and its citizens of conserving the state's wildlife resources and the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund (49-7-151). (See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
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 the state, and that a system of protection and management of these areas should be implemented and maintained through voluntary action by the owners of the property on which these areas are located, and proposes a registration procedure by which owners of natural areas may voluntarily agree to manage and protect the areas according to rules of the Wildlife Commission. The purpose of 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 to be managed and protected by an appropriate agency designated by the Commission for the people of Mississippi (49-5-143 and -145). (See HABITAT PROTECTION.)
PROTECTED SPECIES OF WILDLIFE
No wild bird other than a game bird shall be pursued, taken, wounded, killed, captured, possessed or exported, 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 US, shall be sold or possessed for sale in this state. No person shall molest, take or destroy, or attempt to do so, nests or eggs of any wild bird, or have such in possession except under a scientific permit. This section shall not apply to game birds for which an open season is provided, or parts collected or possessed under a scientific permit, or to the house (English) sparrow, crow and starling or their nests, nor shall this section prohibit persons on their own land from killing or destroying any English sparrow, hawk, owl, jay bird, crow, or crow blackbird, or any animal by nature destructive of gardens, crops or property. This section shall not apply to introduced pheasants, which are hereby classified as domestic fowls (49-5-7). No person shall take or destroy any animal, bird, or fish, or bird's nest or egg, or fish eggs or spawn in any refuge, sanctuary, rest ground or other area closed to hunting, trapping or fishing, but an accredited state or federal government employee can take predatory animals or birds on such closed areas (49-5-19).
The Commission shall conduct investigations on nongame wildlife 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, proposed regulations and management programs. Proposed regulations shall set forth species or subspecies of nongame wildlife in need of management. The Commission shall conduct ongoing investigations of nongame wildlife and may amend regulations by adding or deleting species or subspecies of nongame wildlife. Regulations shall establish proposed limitations relating to taking, possession, transportation, exportation, processing, sale, or offer of such, to manage nongame wildlife, to become effective 60 days after proposal, during which period public comment shall be solicited, the Commission holding a public hearing if appropriate. On the basis of public comments received, the Commission may make changes in the proposed regulations consistent with effective management of nongame wildlife. Except as provided, it is unlawful to take, possess, transport, export, possess, sell, ship, or offer to do so, nongame wildlife in need of management, or for any common carrier knowingly to transport nongame wildlife (49-5-107).
On the basis of investigations on nongame wildlife and available scientific and commercial data, and after consultation with other state and federal wildlife agencies, and interested persons, the Commission shall by regulation propose a list of endangered species and subspecies indigenous to the state. Such regulation becomes effective 60 days after being proposed, during which public comment shall be solicited and a public hearing held if appropriate, after which the Commission may add to or delete from the proposed list. The state list shall be reviewed every two years, and a report submitted to the Governor giving the data used in support of all amendments to the list during the previous two years. It is unlawful to take, possess, transport, export, process, sell, ship, or offer to do so, or for a common carrier to transport or receive for shipment, species or subspecies of wildlife appearing on the list of endangered and indigenous state wildlife and on the US lists of Endangered Native or Foreign Fish and Wildlife, provided wildlife appearing on these lists which enters the state from another state or country for a destination beyond the state may be transported in accordance with any federal permit or permit issued under the laws of another state. In the event the US lists are modified by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described above, the Commission by regulation accepts such modification, and such regulation shall be effective upon promulgation (49-5-109). (See also HABITAT PROTECTION and ENFORCEMENT OF WILDLIFE LAWS.)
HABITAT PROTECTION
All state lands whether held in fee or in trust are declared forest reserves and wildlife refuges so long as the state owns them, and no wildlife shall be taken except under Commission regulations. Every public park, golf course and playground up to 50 acres shall constitute a sanctuary or preserve for the protection and propagation of bird and animal life. The State Land Commissioner, with the consent of the Attorney General and the Commission, is authorized to lease for up to 20 years the cut-over, swamp and overflowed lands belonging to the state and unsuitable for cultivation, for establishing game and fish preserves, but the lease of such land for game preserves shall not be applied to less than 1,000 acres of contiguous lands. Such lease shall provide that the lessee of the cut-over or swamp shall not cut timber for commercial purposes or permit waste on the lands and shall not include the right to mine the oil, gas and minerals. As a consideration for the lease, the Land Commissioner shall contract that the lessee shall protect the state's interest in the timber growing. Nothing in this subsection shall prevent the homesteading of any lands so leased (49-5-1). The Board of Supervisors of any county may add additional territory to any bird and game preserve or sanctuary by an order defining the boundaries, and such additional territory shall be subject to all chapter provisions (49-5-3). It is unlawful to hunt with gun or dog on a sanctuary or preserve, or to rob or destroy the nests of birds, or to catch, snare, trap or net birds within such limits, and a person found with gun or dog on such areas shall be prima facie presumed to be hunting in violation of this section (49- 5-5). (See also HUNTING, FISHING, TRAPPING PROVISIONS.)
The Commission may purchase within 10 years land for the construction and maintenance of game and fish management projects or game and fish hunting and fishing refuges (49-5-11). The Commission shall have authority to adopt rules regulating public hunting and fishing in any wildlife conservation management projects or refuges, and may collect fees for hunting and fishing therein [details given as to land acquisition procedure] (49-5-13). The Commission may contract with any county in which such game and fish management project or refuge is located for joint support and maintenance, and may use revenues from timber sales, mineral leases, donations or permit fees for hunting/fishing (49-5-15). The Commission may enter into agreements with counties and use federal funds or moneys from other sources for the construction and operation of lodges on Commission lands (49-5-16). Bonds may be issued by any town or county to secure funds to purchase lands and to construct game and fish management projects under the Commission's direction (49-5-17). Refuge boundaries shall be posted by the Commission, and orders closing such areas to hunting or fishing must be published (49-5-19). Mississippi consents to the acquisition by the federal government by purchase, lease or gift of lands for the establishment of national migratory bird refuges, and shall retain concurrent jurisdiction with the US in and over such lands (49-5-29). The Federal Migratory Bird Treaty Act and regulations thereunder are made a part of this chapter (49-5-31). The US Commissioner of Fisheries has the right to carry on fish-cultural activities within the state (49-5- 33).
Whenever the Commission desires to construct a dam in/across a lake, stream, river or other waters under its control to prevent or control the deterioration or drying up of such waters, and such construction could cause the level of such waters to rise and cause flooding of adjacent properties, the Commission shall have the power to acquire such flooded property from the owner thereof by purchase, grant, donation or by eminent domain (49-1-33). The Commission shall establish programs, including acquisition of land or aquatic habitat, for management of nongame and endangered wildlife and may enter into agreements with federal agencies, political subdivisions or private persons for administration and management of any area established under this section or used for management of such wildlife. The Governor shall review other state programs and to the extent practicable utilize such programs in furtherance of these purposes, and shall encourage other state and federal agencies to do so also (49-5- 111).
The owner of any natural area on the Register of Natural Areas established under provisions of the Wildlife Heritage Program may register the natural area by executing a voluntary agreement with the Wildlife Heritage Committee for the owner to manage and protect the area according to Committee rules and to give the Committee first option to purchase (49-5-153). "Natural area" shall mean an area of land, water or air, or combination, 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 (49-5-147). The registration agreement may be terminated by either party after 30-day written notice (49-5-153). The Committee shall publish and revise at least annually a Register of Natural Areas using the inventory of areas compiled by the Wildlife Heritage Program (49-5-151).
The owner of any natural area may dedicate it as a natural area preserve by executing with the Committee articles of dedication which shall transfer such portion of the owner's estate to the Committee for the people of Mississippi. The Committee shall agree to no articles of dedication which do not provide for the protection, preservation and management of the natural area consistent with the intent and purposes of 49-5-141 to 49-5-157. The articles of dedication shall contain provisions: for the management, custody and use of the natural area preserve; defining the rights and privileges of the owner and the Committee or managing agency; as the owner or Committee deem necessary (49-5-155). A natural area preserve is held in trust by the state for present and future generations and shall be managed and protected according to Committee rules. A natural area preserve is declared to be at the highest, best and most important use for the public. The Committee shall inspect such dedicated areas at least annually to insure that the terms of the articles of dedication are being respected (49-5- 157). [Additional definitions and details of the Wildlife Heritage Program are given in 49-4- 141 through 49-4-157.] (See also Agency Advisory Boards under STATE FISH AND WILDLIFE AGENCIES.)
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New Mexico Center for Wildlife Law
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