General Provisions

Miss. Code Ann. tit. 49, ch. 1
in effect

Miss. Code Ann. § 49-1-1 Definitions.

Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties: “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Department” means the Mississippi Department of Wildlife, Fisheries and Parks. “Director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks. “Executive director” means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

Miss. Code Ann. § 49-1-3 Commission on Wildlife, Fisheries and Parks assuming powers and duties of Commission on Wildlife Conservation.

The Commission on Wildlife, Fisheries and Parks shall be the Mississippi Commission on Wildlife Conservation and shall retain all powers and duties granted by law to the Mississippi Commission on Wildlife Conservation, and wherever the term “Mississippi Commission on Wildlife Conservation” appears in any law the same shall mean the Commission on Wildlife, Fisheries and Parks. The Executive Director of the Department of Wildlife, Fisheries and Parks may assign to the appropriate divisions such powers and duties as it deems appropriate to carry out the lawful duties of the department, and expend funds as lawfully appropriated.

Miss. Code Ann. § 49-1-4 Department of Wildlife, Fisheries and Parks to assume powers and duties of Department of Wildlife Conservation.

The Department of Wildlife, Fisheries and Parks shall be the Department of Wildlife Conservation and shall retain all powers and duties granted by law to the Department of Wildlife Conservation, and wherever the term “Department of Wildlife Conservation” appears in any law the same shall mean the Department of Wildlife, Fisheries and Parks. The executive director may assign to the appropriate divisions such powers and duties as deemed appropriate to carry out the lawful functions of the department.

Miss. Code Ann. § 49-1-5 and 49-1-7. Repealed.

Repealed by Laws of 1978, ch. 484, § 30, eff from and after July 1, 1979. § 49-1-5 . [Codes, 1942, §§ 5841, 5843; Laws, 1932, ch. 123; Laws, 1936, chs. 193, 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, chs. 254, 255, § 1; Laws, 1952, ch. 186, §§ 1, 3; Laws, 1956, ch. 147, §§ 1, 3; Laws, 1958, ch. 172, §§ 1, 2; Laws, 1960, ch. 163, §§ 1, 2; Laws, 1966, ch. 445, § 14] § 49-1-7 . [Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; Laws, 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14] Editor’s Notes — Former § 49-1-5 provided for the appointment of a director of conservation. Former § 49-1-7 provided for the appointment of a deputy director of conservation.

Miss. Code Ann. § 49-1-9 Chief law enforcement officer.

The director shall appoint a chief law enforcement officer who shall be qualified and experienced in law enforcement work and who has served for not less than five (5) years as a duly sworn wildlife enforcement officer in the department and who has served in a supervisory position. The chief law enforcement officer shall be furnished a vehicle to perform his duties of overseeing all enforcement operations throughout the state in accordance with department policy. The officer shall enter into bond in the same amount as provided for the director, and conditioned upon the same terms. The primary duty of the chief law enforcement officer shall be directing the enforcement of all game and fish laws and regulations, cooperating with the cattle theft bureau of the Mississippi Department of Public Safety, and instructing all conservation officers in the discharge of their respective duties. The salary of the chief law enforcement officer shall be fixed by the commission in its discretion.

Miss. Code Ann. § 49-1-11 Public relations officer.

The director, with the advice and consent of the commission, shall appoint a qualified public relations officer whose duty it shall be to make information available to the public concerning rules, regulations, and policies of the commission, to generally make information available to the public on game and fish conservation work, and to perform such other public relations duties as may be directed by the director. His salary shall be fixed by the commission in its discretion.

Miss. Code Ann. § 49-1-12 Wardens, game wardens, and game and fish wardens designated conservation officers; construction and effect of designation.

The term “conservation officer” means a law enforcement officer of the department. Wherever the terms “warden,” “game warden,” or “game and fish warden” appear, the same shall mean conservation officer.

Miss. Code Ann. § 49-1-13 Conservation officers.

The director is hereby authorized and directed to appoint as many conservation officers as may be required to efficiently enforce the laws for the protection of wild animals, birds and fish, and the laws relating to theft of cattle, trespass prohibitions and litter. These officers shall be located in different sections of the state where their services are most needed. Conservation officers shall police the state lands in their respective districts and prohibit the unlawful cutting of timber. The salary of the conservation officers shall be as determined by the State Personnel Board, or its successor. Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed the amount specified in the appropriation bill.

Miss. Code Ann. § 49-1-14 Retiring sworn law enforcement officer employed by Commission on Wildlife, Fisheries and Parks authorized to retain side arm under certain circumstances.

Each person employed by the Commission on Wildlife, Fisheries and Parks as a sworn law enforcement officer who meets the requirements of subsection (2) of this section, and who retires for superannuation or for reason of disability under the Public Employees’ Retirement System, upon his request, may be allowed by the commission to retain, as his personal property, one (1) side arm which was issued to him, during his service, provided funds are available for such purpose. In order to be eligible to retain a side arm issued to him under subsection (1) of this section, a retiring sworn law enforcement officer employed by the commission must have attended and successfully completed the law enforcement curriculum at the Mississippi Law Enforcement Officers’ Training Academy, and must be certified as a qualified law enforcement officer by the Board on Law Enforcement Officer Standards and Training.

Miss. Code Ann. § 49-1-15 Conservation officers; appointments and qualifications.

All appointments of conservation officers shall be under rules adopted and promulgated by the commission. No person shall be appointed from and after July 1, 2001, unless he meets the following requirements: Is at least twenty-one (21) years of age; and Has successfully completed sixty-four (64) semester hours at an accredited community college or university or has an associate degree from an accredited community college or has passed the Law Enforcement Academy and has at least five (5) years experience in law enforcement. Each applicant, prior to entering into performance of his duties, at the expense of the department, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers’ Training Academy or other training academy whose curriculum complies with requirements of the Board on Law Enforcement Officer Standards and Training. Conservation officers shall, on a periodic basis, be required to successfully complete additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.

Miss. Code Ann. § 49-1-16 Conservation Officers’ Reserve Unit.

There is hereby created a Conservation Officers’ Reserve Unit, hereinafter termed “the reserve,” to assist the conservation officers in the performance of their duties. The reserve shall consist of volunteers who are approved by the chief law enforcement officer of the department or his designated representative, and the members of the reserve shall serve without pay. Reserve officers shall be in such numbers as determined by the enforcement needs, with the maximum strength of reserve officers limited to the same number as conservation officers. In order to be eligible for membership in the reserve, an applicant must be twenty-one (21) years of age, be a high school graduate or its equivalent, be in good physical condition, have a Mississippi driver’s license, be in good standing with the community, be available for training and duty, not be a member of any police, auxiliary police, civil defense, or private security agency, have never been convicted of a felony, and have one (1) of the following: An honorable discharge or honorable separation certificate from one (1) of the United States military services; Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons; Successful completion of sixty (60) semester hours at an accredited college or university; or Such qualifications as are outlined in this section for enforcement officers. Members of the immediate family of conservation officers shall not be eligible for the reserve unless a special waiver is granted by the commission. Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as conservation officers. The reserve shall be under the leadership and direction of the chief law enforcement officer, who may designate a conservation officer to coordinate the actions of the reserve. The training of the reserve shall be conducted by a conservation officer. The reserve shall meet at least once each month for the purpose of training and transacting such business as may come before it. The chief law enforcement officer shall be notified in writing of all meetings of the reserve and the time and place of such meetings shall be recorded with the chief law enforcement officer. The chief law enforcement officer shall prepare a reserve officer’s manual with the advice and consent of the commission. The manual shall include, but is not limited to, the following: activities and operations, training, administration and duties. During active service, the reserve shall be under the direction of the chief law enforcement officer or his designated representative. When a reserve officer is on active duty and assigned to a specific conservation officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the chief law enforcement officer and may be dismissed by him or by a board of inquiry appointed by the commission. Reserve officers shall furnish their own uniforms and other personal equipment if the commission does not provide such items. The commission may, by regulation, require members of the Conservation Officers’ Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies or at the Mississippi Law Enforcement Officers Training Academy at the expense of the commission if the commission deems such training necessary or desirable. The commission may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The commission is authorized to develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines. In the event the commission shall determine that a member of the Conservation Officers’ Reserve Unit may attend a training program as authorized under the provisions of this section, the commission shall require that any such reserve officer shall sign an agreement, prior to attending a training program, which shall stipulate that if the reserve officer accepts employment from any other public or private law enforcement agency within three (3) years after completion of his training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the Department of Wildlife, Fisheries and Parks for the total cost of his training program. By October 1 of each year, the department shall provide the Game and Fish Committee of the Mississippi House of Representatives and the Wildlife and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.

Miss. Code Ann. § 49-1-17 Repealed.

Repealed by Laws of 1980, ch. 553, § 5, eff from and after July 1, 1980. [Codes, 1942, §§ 5853, 5871; Laws, 1932, ch. 123; 1942, ch. 250; Laws, 1944, ch. 237, § 1; Laws, 1946, ch. 423, § 4; Laws, 1954, ch. 172; Laws, 1956, ch. 150; Laws, 1958, ch. 174; Laws, 1962, ch. 189, § 2; Laws, 1966, ch. 263, § 1; Laws, 1971, ch. 372, § 1; Am Laws, 1974, ch. 569 § 10]

Miss. Code Ann. § 49-1-19 Political activity.

No member of the commission, the executive director, administrative officer, employee, supervisor or conservation officer shall be active in any manner for or on behalf of his own candidacy or the candidacy of any candidate for any public office during his term of office or employment with said department. Violation of this subsection shall constitute a Class II violation and upon conviction thereof the violator shall be punished as provided in Section 49-7-143 for each offense. A conviction shall render vacant the office or position of the violator. While retaining the right to vote as he may please and to express privately his opinions on all political subjects, no executive director or conservation officer shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof, nor for the purpose of coercing the political action of any person or body.

Miss. Code Ann. § 49-1-21 Fidelity bonds; oath of office.

Each member of the commission or any officer or employee of the commission handling funds of the commission shall execute and file with the proper officer a bond in the sum of Thirty Thousand Dollars ($30,000.00), with a surety company authorized to do business in the state, which bond shall be approved by the Commissioner of Insurance and conditioned upon the faithful performance of his official duties. Premiums on the bonds shall be paid by the Department of Wildlife, Fisheries and Parks. The executive director shall execute and file with the State Treasurer a bond in the sum of Thirty Thousand Dollars ($30,000.00) and each conservation officer shall execute and file a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of their respective duties and that they, respectively, will account for and pay over pursuant to law all state monies received by them under the laws for the protection of wild animals, birds and fish. They shall be reimbursed for the premiums on their bonds from the Fisheries and Wildlife Fund in case a surety company acts as surety on such bond. Before entering upon the duties of his office, the Executive Director and each conservation officer of the Department of Wildlife, Fisheries and Parks shall take and subscribe to the constitutional oath of office. Such oath or affirmation shall be filed in the office of the Secretary of State.

Miss. Code Ann. § 49-1-23 and 49-1-24. Repealed.

Repealed by Laws of 1988, ch. 405, eff from and after July 1, 1988. § 49-1-23 . [Codes, 1942, §§ 5841, 5853; Laws, 1932, ch. 123; Laws, 1936, ch. 193; Laws, 1944, ch. 234, § 1; Laws, 1946, ch. 423, § 4; Laws, 1948, ch. 255, § 1; Laws, 1952, ch. 186, § 1; Laws, 1956, ch. 147, § 1; Laws, 1958, ch. 172, § 1; Laws, 1960, ch. 163, § 1 ¶¶ (a)-(e); Am Laws, 1974, ch. 569, § 13] § 49-1-24 . [En Laws, 1980, ch. 553, § 6] Editor’s Notes — Former § 49-1-23 provided procedures for dismissal of employees and wardens. Former § 49-1-24 related to a hearing and reasons for removal of a conservation officer.

Miss. Code Ann. § 49-1-25 and 49-1-27. Repealed.

Repealed by Laws of 1978, ch. 484, § 30, eff from and after July 1, 1979. § 49-1-25 . [Codes, 1942, § 5843; Laws, 1932, ch. 123; Laws, 1936, ch. 197; Laws, 1938, ch. 178; 1942, ch. 250; Laws, 1944, ch. 234; Laws, 1946, ch. 423, § 1; Laws, 1948, ch. 254, § 1; Laws, 1952, ch. 186, § 3; Laws, 1956, ch. 147, § 3; Laws, 1958, ch. 172, § 2; Laws, 1960, ch. 163, § 2; Laws, 1966, ch. 445, § 14] § 49-1-27 . [Codes, 1942, § 5842; Laws, 1932, ch. 123; 1952, ch. 186, § 2; 1956, ch. 147, § 2; 1960, ch. 163 § 1(f)] Editor’s Notes — Former § 49-1-25 provided for payment of traveling expenses of the commission. Former § 49-1-27 made provisions for meetings of the fish and game commission.

Miss. Code Ann. § 49-1-29 Powers and duties of commission and executive director.

The commission may promulgate rules and regulations, inaugurate studies and surveys, and establish any services it deems necessary to carry out wildlife laws. A violation of any rules or regulations promulgated by the commission shall constitute a misdemeanor and shall be punished as provided in Section 49-7-101. The executive director shall have authority with commission approval: To close or shorten the open season as prescribed by law in cases of urgent emergency on any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians, in any locality, when it finds after investigation and public review that the action is reasonably necessary to secure the perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply in the affected area. The statutes shall continue in full force and effect, except as restricted and limited by the rules and regulations promulgated by the commission. To designate wildlife refuges, with the consent of the property owner or owners, in any localities it finds necessary to secure perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply for the purpose of providing a safe retreat where the animals may rest and replenish adjacent hunting, trapping or fishing grounds or waters, and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22. To acquire and hold for the state by purchase, condemnation, lease, or agreement as authorized from time to time by the Legislature, and to receive by gifts or devise, lands or water suitable for fish habitats, game and bird habitats, state parks, access sites, wildlife refuges, or for public shooting, trapping or fishing grounds or waters, to provide areas on which any citizen may hunt, trap or fish under any special regulations as the commission may prescribe, and to approve lands suitable for such purposes as eligible for the income tax credit authorized under Section27-7-22.22. To extend and consolidate lands or waters suitable for the above purposes by exchange of lands or waters under its jurisdiction. To capture, propagate, transport, sell or exchange any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians needed for stocking or restocking any lands or waters of the state. To enter into cooperative agreements with persons, firms, corporations or governmental agencies for purposes consistent with this chapter. To regulate the burning of rubbish, slashings and marshes or other areas it may find reasonably necessary to reduce the danger of destructive fires. To conduct research in improved wildlife and fisheries conservation methods and to disseminate information to the residents of the state through the schools, public media and other publications. To have exclusive charge and control of the propagation and distribution of wild birds, animals, reptiles, fish and amphibians, the conduct and control of hatcheries, biological stations and game and fur farms owned or acquired by the state; to expend for the protection, propagation or preservation of game birds, game or fur-bearing animals, reptiles, fish and amphibians all funds of the state acquired for this purpose arising from licenses, gifts or otherwise; and shall have charge of the enforcement of all wildlife laws. To grant permits and provide regulations for field trials and dog trainers. To prohibit and to regulate the taking of nongame gross fish, except minnows. To enter into agreements with landowners to trap and purchase quail on the premises of the landowner and to provide for the distribution of quail. To operate or lease to third persons concessions or other rights or privileges on lakes owned or leased by the department. Owners of land adjoining land owned or leased by the department shall have priority to the concessions or rights or privileges, if the owners meet the qualifications established by the commission. To implement a beaver control program and to charge fees, upon the recommendation of the Beaver Control Advisory Board, to landowners participating in the beaver control program described in Section 49-7-201. To apply for, receive and expend any federal, state or local funds, contributions or funds from any other source for the purpose of beaver control or eradication. To require the department to divide the districts into zones if necessary, and periodically survey the districts or zones to obtain information that is necessary to properly determine the population and allowable harvest limits of wildlife within the district or zone. To require Chronic Wasting Disease (CWD) testing of white-tailed deer harvested within any enclosure; to grant wildlife personnel authority to access the property and depopulate white-tailed deer within an enclosure where CWD has been diagnosed; and to grant wildlife personnel authority to access the property and utilize lethal collection methods to obtain tissue samples for testing where CWD has been diagnosed within five (5) miles of the enclosure.

Miss. Code Ann. § 49-1-31 Repealed.

Repealed by Laws of 2000, ch. 376, § 1, eff from and after passage April 17, 2000. [Codes, 1942, § 5844-11; Laws, 1946, ch. 209, § 1; Laws, 1974, ch. 569, § 14, eff from and after passage (approved April 24, 1974).]

Miss. Code Ann. § 49-1-33 Acquisition of lands overflowed by construction of dam.

Whenever the commission shall desire to construct or cause to be constructed any dam or similar structure in or across any lake, stream, river or other waters under its control in order to prevent or control the deterioration or drying up of such waters, and the construction of such dam or other structure could cause the level of such waters to be raised and thereby cause the land or property adjoining or adjacent to such lake, stream, river, or other waters to be overflowed, inundated or flooded, the commission shall have the power and authority to acquire, hold and own any such land or property so overflowed, inundated or flooded from the owner thereof by purchase, grant, donation, or otherwise. The commission is hereby authorized and empowered to exercise the right of eminent domain to condemn any such land or property in the manner and method now or hereafter provided by law for the exercise of such right of eminent domain by railway, telegraph and telephone companies, and/or the Mississippi Transportation Commission.

Miss. Code Ann. § 49-1-35 Official magazine of department.

The commission may publish an official magazine concerning the activities of the department and other matters of interest to Mississippi hunters, fishermen, boaters and other outdoorsmen. The commission may set, charge and collect a fee for subscriptions and make such other rules and regulations as may be necessary for the publishing of such magazine. For the purposes of this section, the term “publish” includes the publishing and production of the current print version of a magazine, as well as the production and distribution of a digital version of the magazine which shall be available exclusively online and/or in a mobile application. In order to offset costs related to the print and digital versions of the magazine, and to minimize subscription costs, the Mississippi Department of Wildlife, Fisheries and Parks is authorized to sell advertisements in and on any media falling under its control, including the official magazine, the department’s website and any mobile application. The department may establish a fund to be known as the MS Outdoors Fund. The proceeds from subscriptions and sales of advertisements shall be deposited in such fund. Monies in such fund shall be deposited in an interest-bearing account in an approved state depository. Proceeds from this account, along with the interest earned on the same, for each fiscal year’s magazine shall be transferred to the department’s operating account to defray the publishing expenses of MS Outdoors, the digital magazine and related expenses.

Miss. Code Ann. § 49-1-37 Power to dispose of contraband animals, birds, fish, etc.

The edible portions of all game or fur-bearing animals, game birds, and fish seized under the provisions of this chapter or any other law for the protection of wild animals, birds, or fish, shall be disposed of by the department or under its direction to needy recipients, charitable institutions within the state and to local law enforcement agencies having facilities to prepare food for prisoners. Skins or pelts of fur-bearing animals, taken illegally, may be seized and sold by order of the department, and the funds received for same shall be paid into the Fisheries and Wildlife Fund. Nongame birds, fish and animals or parts thereof, and the plumes or skins of game birds of foreign species shall be disposed of by the department, or under its direction, by gift to scientific institutions, or, in the discretion of the department, they shall be kept by it for scientific or educational purposes, or may be destroyed. The officer disposing of any such animals, birds, fish or parts thereof, shall take a receipt from the donee for any such gift, which receipt shall be filed in the office of the department, and the department shall keep a permanent record of such gifts.

Miss. Code Ann. § 49-1-39 Power to capture or destroy animals injurious to property.

The commission may issue permits to kill any species of animals or native, nonmigratory birds which may become injurious to agricultural or other interests in any particular community. All migratory birds, including hawks, owls, and eagles and their nests and eggs are protected by the Migratory Bird Treaty Act and federal regulations promulgated under the act. All species of blackbirds, cowbirds, starlings, crows, grackles, and English sparrows may be killed without a permit when such birds are committing or about to commit depredations on shade or ornamental trees or agricultural crops.

Miss. Code Ann. § 49-1-41 Power to issue permits for scientific or propagation purposes.

The commission may issue a permit, revocable at pleasure, to any person authorizing the holder to collect and possess wild animals or wild birds, or birds’ nests or eggs for scientific purposes, but no permit shall authorize the collection, possession, purchase or sale of migratory birds, or their nests or eggs, included in the terms of the Migratory Bird Treaty Act of July 3, 1918, and the federal regulations thereunder, for scientific exhibition, or propagating purposes, contrary to the provisions of said act and/or regulations. Before such a permit is issued for scientific purposes the applicant must pay the sum of One Dollar ($1.00) for the permit; but duly accredited representatives of public educational or scientific institutions, or government departments of the United States engaged in the scientific study of birds and animals may be granted any permit required under this chapter without enforcement or charge, and no scientific permittee shall be required to obtain a hunting license. Permits to take, possess, purchase or sell rare or endangered species shall not be issued except, at the discretion of the commission, to a duly accredited representative of a school, college or university, museum or other scientific institution, or a representative of a federal or state agency for scientific or propagation purposes devoted to perpetuating the species. Permits to take game or fur-bearing animals or game birds during the closed season shall not be issued except to a duly accredited representative of a school, college or university, museum or other scientific institution, or a representative of a state game commission to restock the covers of the state which he represents. A person holding a valid permit issued pursuant to the provisions of this section may buy, sell, possess and transport, for scientific purposes, the animals and birds legally taken, and sell them alive for propagation or stocking purposes, to a person holding such a permit. When transported by a common carrier, or contained in a package, such a specimen, or any package in which same is transported, shall have clearly and conspicuously marked on the outside the name and address of the consignor and consignee, an accurate statement of the number and kinds of animals or birds or specimens, or parts thereof, or birds’ nests or eggs contained therein, and that such specimens are for scientific or propagation purposes. Each person receiving a permit under this section must file with the commission within fifteen (15) days after the expiration of his permit, a report of his operations under the permit, which report shall set forth the name and address of the permittee, number of his permit, number of specimens of each species taken thereunder, or otherwise acquired, disposition of same, names and addresses of persons acquiring same from the permittee, and number of each species in captivity and the number on hand for propagation purposes at the expiration of the permit. The commission may prescribe rules and regulations governing the possession, purchase, sale and transportation of animals and birds for propagation purposes or raised in captivity under this section.

Miss. Code Ann. § 49-1-43 Powers and duties of director of Department of Wildlife, Fisheries and Parks.

The director shall have general supervision and control of all conservation officers, and shall enforce all the laws and regulations of the state relating to wild animals, birds and fish, and shall exercise all necessary powers incident thereto not specifically conferred on the department. The director, with the approval of the commission, shall make to the Governor and the Legislature a report covering the operation of the department for the preceding fiscal year. It shall be the duty of all conservation officers to enforce, and to obey and carry out all instructions and directions of the department with respect to the enforcement of the laws and regulations relating to wild animals, birds and fish. The director and each conservation officer shall have power, and it shall be the duty of the director and of each conservation officer: To execute all warrants and search warrants for a violation of the laws and regulations relating to wild animals, birds and fish and to serve subpoenas issued for the examination and investigation or trial of offenses against any of the laws or regulations; To search where the conservation officer has cause to believe and does believe that animals, birds or fish, or any parts thereof, or the nest or eggs of birds, or spawn or eggs of fish are possessed in violation of law or regulation and in such case to examine, without warrant, the contents of any boat, car, automobile or other vehicle, box, locker, basket, creel, crate, game bag or other package, to ascertain whether any law or regulation for the protection of animals, birds or fish have been or are being violated, and to use such force as may be necessary for the purpose of such examination and inspection; With a search warrant to search and examine the contents of any dwelling house, room, building or premises of any person suspected of violating any law or regulation, to seize all animals, birds or fish, or parts thereof, or nests or eggs of birds taken in violation of law or regulation, or showing evidence of illegal taking and to seize and confiscate all devices illegally used in taking animals, birds or fish; To arrest, without warrant, any person committing or attempting to commit a misdemeanor, felony or a breach of the peace within his presence or view and to pursue and so arrest any person committing an offense in any place in the state where the person may go or be; to aid and assist any peace officer of this state or any other state if requested, in manhunts or natural disasters within the state; and To exercise other powers of peace officers in the enforcement of game laws or regulations or of a judgment for the violation thereof, as are not herein specifically provided. In all cases of arrest without warrant, the person making such arrest must inform the accused of the object and cause of the arrest, except when he is in the actual commission of the offense or is arrested on pursuit. No conservation officer shall compromise or settle out of court any violation of this chapter, or any law or regulation for the protection of wild animals, birds or fish. Nothing in this section shall be construed as granting conservation officers general police powers. Citations issued by a conservation officer for any violation of the laws for the protection of wild animals, birds and fish, the trespass laws, the litter laws, and the boating laws shall be issued on a uniform citation form consisting of an original and at least two (2) copies. Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard, and the date and time the person charged with a violation is to appear to answer the charge. The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint.

Miss. Code Ann. § 49-1-43.1 1. Conservation officers not subject to criminal liability for trespass when performing official duties.

A conservation officer may enter in or upon public or private lands or waters where game or fish are known to range in the performance of his duties to enforce the wildlife laws of the state and the conservation officer shall not be subject to criminal liability for trespass while performing such duties. The provisions of subsection (1) of this section shall not authorize a conservation officer to engage in any conduct in violation of a person’s constitutional right against unreasonable searches and seizures nor expand or enlarge upon the powers and duties of a conservation officer as specifically provided for under Section 49-1-43.

Miss. Code Ann. § 49-1-44 Powers and duties of conservation officers to apprehend certain violators.

In addition to the regulations of the commission and the statutes relating to protection and preservation of wildlife and the environment, conservation officers are hereby authorized to assist in the detection and apprehension of violators of the laws of this state which pertain to theft of cattle, to enforce and apprehend violators of the laws of this state which pertain to unauthorized dumping of garbage, obstructing streams and littering, as set forth specifically in Sections 97-15-13, 97-15-21, 97-15-23, 97-15-25, 97-15-27, 97-15-29, 97-15-31, 97-15-39, 97-15-41, 97-15-43, 97-15-45, 97-17-53, 97-17-79, 97-17-81 and 97-17-83, but not limited thereto, and in addition to any other powers and duties otherwise delegated or assigned to conservation officers.

Miss. Code Ann. § 49-1-45 Publication of rules, regulations and orders.

Rules, regulations and orders of the commission shall be published in accordance with the “Mississippi Administrative Procedures Law.”

Miss. Code Ann. § 49-1-47 Commission may execute deeds to clear up ambiguities in conveyances to it.

The commission is hereby authorized to execute and deliver deeds or other documents to make clear any ambiguity that may exist in any deed or conveyance to it, or to make the deed or conveyance to the commission conform to the intent of the parties as to the estate or rights or easements conveyed. Such deeds or documents shall be based upon an order of the commission setting forth the facts, shall be submitted to and approved by the Attorney General and executed and delivered for the commission by the director.

Miss. Code Ann. § 49-1-49 Cooperation with other departments.

The commission is hereby authorized to, and shall cooperate with the several state departments and officials in the conduct of matters in which the interest of the respective departments or officials overlap.

Miss. Code Ann. § 49-1-51 Funds.

All funds collected by the department under this chapter shall be used by the commission for the purpose of carrying out all purposes of this chapter.

Miss. Code Ann. § 49-1-53 Offices; supplies.

The department may, with any funds owned by it, purchase equipment and/or office furnishings sufficient to carry on its work; and, if the Department of Finance and Administration cannot assign suitable offices for the department in either of the state capitols, in the city of Jackson, then the Department of Finance and Administration shall rent suitable offices to properly house the department which shall then be authorized to pay such rental out of any of its funds.

Miss. Code Ann. § 49-1-55 Natural Science Museum.

The Mississippi Commission on Wildlife, Fisheries and Parks’ Mississippi Museum of Natural Science is hereby designated as Mississippi’s official State Natural Science Museum. The museum will henceforth be named “Mississippi Museum of Natural Science, The Fannye A. Cook Memorial, a Division of the Mississippi Department of Wildlife, Fisheries and Parks.” The Legislature shall annually appropriate from the General Fund a sum to defray not less than one hundred percent (100%) of the expenses of the museum.

Miss. Code Ann. § 49-1-57 Assent to federal program for promotion of hunter safety, principles of conservation and sportsmanship.

The State of Mississippi hereby assents to the provisions of the Act of Congress entitled, “An Act to Revise and Clarify the Federal Aid in Wildlife Restoration Act and the Federal Aid in Fish Restoration Act,” approved October 23, 1970 (Public Law 91-503, 91st Congress). The department may: Establish a hunter safety conservation and sportsmanship program; Apply for, receive and expend funds from any source for this program; and Discharge any other duties, responsibilities and powers as are necessary to implement the program.

Miss. Code Ann. § 49-1-59 Repealed.

Repealed by Laws of 1995, ch. 409, § 6, effective from and after passage (approved March 15, 1995). [Codes, 1942, § 5844-14; Laws, 1972, ch. 314, § 2]

Miss. Code Ann. § 49-1-60 Insurance covering hunter safety program.

The department is hereby authorized to purchase liability insurance to cover the following: Any officer in charge and control of an armory used for firearm instruction in the State of Mississippi, as a part of the Mississippi Hunter Safety Program; Any Mississippi certified hunter and firearm instructor, while participating in the Mississippi Hunter Safety Program; and Any student participating in hunter safety courses sponsored by the department’s Hunter Safety Program and being taught by a hunter safety instructor certified by the department’s Hunter Safety Program. The premium for such liability insurance shall be paid from the Fisheries and Wildlife Fund.

Miss. Code Ann. § 49-1-61 Repealed.

Repealed by Laws of 1995, ch. 409, §§ 7-9, effective from and after passage (approved March 15, 1995). § 49-1-61 . [Codes, 1942, § 5844-15; Laws, 1972, ch. 314, § 3] § 49-1-62 . [En Laws, 1976, ch. 383, § 2] § 49-1-63 . [Codes, 1942, § 5844-16; Laws, 1972, ch. 314, § 4] Editor’s Notes — Former § 49-1-61 was entitled: Administrator of hunter safety, conservation and sportsmanship program. Former § 49-1-62 was entitled: Appointment and salary of hunter safety officers. Former § 49-1-63 was entitled: Establishment of public target ranges.

Miss. Code Ann. § 49-1-65 Hunter Education and Training Program Fund.

Any assessments collected under subsection (3) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the “Hunter Education and Training Program Fund,” which shall be expended to defray the expenses of the program as authorized and appropriated by the Legislature. In addition, the Legislature shall annually appropriate from the General Fund a sum to defray the necessary expenses of the program.

Starting a business in Mississippi? Mississippi LLC guide: costs and requirements