MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Game and Fish; Ways and Means

By: Representative Livingston

AN ACT TO AMEND SECTIONS 19-5-51, 25-1-51, 25-1-87, 27-7-93, 27-65-101, 29-7-3, 29-7-17, 37-101-19, 39-5-41, 49-1-31, 49-1-33, 49-1-35, 49-1-41, 49-1-47, 49-1-51, 49-1-53, 49-1-55, 49-2-1, 49-2-19, 49-3-13, 49-4-1, 49-4-19, 49-5-1, 49-5-11, 49-5-13, 49-5-15, 49-5-16, 49-5-17, 49-5-21, 49-5-25, 49-5-27, 49-5-35, 49-5-37, 49-5-61, 49-5-77, 49-5-78, 49-5-81, 49-5-83, 49-5-86, 49-5-92, 49-5-97, 49-5-103, 49-5-105, 49-5-145, 49-5-147, 49-7-16, 49-7-32, 49-7-42, 49-7-47, 49-7-91, 49-7-101, 49-7-133, 49-7-135, 49-7-137, 49-7-169, 49-7-201, 49-7-203, 49-7-251, 49-7-253, 49-7-255, 49-13-3, 49-13-7, 49-13-9, 49-13-17, 49-13-19, 49-13-23, 49-15-7, 49-15-45, 49-15-69, 49-27-7, 51-9-107, 51-9-127, 51-11-5, 51-11-9, 51-11-19, 51-13-107, 53-7-11, 53-7-29, 53-7-45, 53-7-49, 55-3-5, 55-3-11, 55-3-19, 55-3-45, 55-3-49, 55-3-51, 55-3-57, 55-3-59, 55-3-63, 55-3-65, 55-3-67, 55-3-71, 55-3-73, 55-3-75, 55-3-77, 55-3-79, 55-5-61, 55-9-1, 55-15-1, 55-15-43, 55-17-1, 55-17-5, 57-11-19, 57-15-9, 59-21-25, 65-1-37, 65-1-51, 75-27-7, 89-19-7, 89-19-15 AND 97-3-19, MISSISSIPPI CODE OF 1972, TO UPDATE REFERENCES TO CERTAIN STATE AGENCIES, COMMISSIONS, DEPARTMENTS, OFFICES, DIVISIONS, BUREAUS, COMMITTEES AND OFFICERS AND EMPLOYEES WHOSE NAMES HAVE BEEN CHANGED OR WHOSE POWERS AND DUTIES HAVE BEEN TRANSFERRED TO THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS, THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS OR THE MISSISSIPPI COMMISSION ON MARINE RESOURCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-5-51, Mississippi Code of 1972, is amended as follows:

19-5-51. Any board of supervisors may, in its discretion, by appropriate resolution spread upon its minutes, offer a bounty not to exceed Five Dollars ($5.00) for each nutria, beaver or bobcat destroyed, where such board finds and determines that nutria, beaver or bobcats are in such quantities that the preservation of trees and other properties requires such bounties to be offered. Upon presentation to the sheriff of the complete tail of a nutria, beaver or bobcat, the sheriff shall execute a receipt therefor. Upon filing of such receipt with the chancery clerk, the amount of such bounty may be allowed by the board of supervisors as are other accounts against the county.

There is further provided a bounty on beaver not to exceed Five Dollars ($5.00) for each beaver to be paid in the following manner: upon the presentation of the tail of any beaver, any conservation officer of the state shall issue a receipt in such form as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks to the person presenting such tail. The Mississippi Department of Wildlife, Fisheries and Parks shall redeem such receipts by paying to such person a sum not to exceed Five Dollars ($5.00) for each such receipt as bounty. The redemption of such receipts shall be paid only from funds especially appropriated for this purpose and it is expressly provided that no such bounty shall be paid from any regular receipts, funds and appropriations of the Mississippi Department of Wildlife, Fisheries and Parks.

For the purposes of carrying out the purposes of this section, the Mississippi Department of Wildlife, Fisheries and Parks and the State Forestry Commission are authorized, empowered and directed, when requested by the board of supervisors or any property owner, to utilize funds, personnel and equipment under reasonable terms and conditions.

No bounty shall be paid when funds, personnel or equipment of the Mississippi Department of Wildlife, Fisheries and Parks, the State Forestry Commission or the county are employed in capturing and killing such animals.

SECTION 2. Section 25-1-51, Mississippi Code of 1972, is amended as follows:

25-1-51. (1) No law enforcement officer, conservation officer, or other person charged with the duty and responsibility of enforcing the statutory laws of this state or any municipality herein, whether employed full time or part time in such capacity, or any member of his or her household can knowingly own, acquire, bid upon, or otherwise participate as a purchaser or prospective purchaser, either directly or indirectly, at a sale concerning any real, personal, or mixed property which has been confiscated and is being sold, or has been sold, or is subject to being sold pursuant to the laws and statutes of this state. All officers seizing any property shall turn the same over to the sheriff of the county in which said property was seized. All real, personal, or mixed properties confiscated under authority of law and subject to sale as contraband properties shall be sold by the sheriff of the county in which said property was confiscated or is stored, after the sheriff shall first have given public notice by publication for not less than one (1) week in a newspaper published in said county or, if no newspaper is published in said county, said notice shall be published not less than one (1) time in a newspaper having general circulation in said county. The published notice shall contain a description of the property and other pertinent data which the sheriff may deem necessary and proper in compliance with this section. The cost of public notice shall be charged against and added to the cost of the property advertised and sold by virtue of said notice. The net proceeds of all such property sold shall be deposited in the county general fund within the manner provided by law. The sheriff shall keep a public record of all property seized, the disposition thereof, and the proceeds from the sale thereof.

(2) The failure of the sheriff to sell any property seized by him or turned over to him within ninety (90) days and any violation of the above paragraph by such prohibited person, or any other person acting for or in behalf of such prohibited person, shall be deemed to be a misdemeanor and shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which fine shall be subject to collection from such prohibited person's bondsmen if such prohibited person be under bond and fails to pay said assessed fine when it shall have become final and collectible.

In addition thereto, upon a showing in an action begun not later than one (1) year from the date of the legal sale of the confiscated property that such prohibited person has knowingly acquired title to such confiscated property in violation of paragraph (1) hereof, the owner of such property at the time it was confiscated, or his or her heirs, legatees, administrator, or executor shall be immediately entitled to the return of such property; and the sum paid therefor by such prohibited person, or in his or her behalf, shall be forfeited. The sum so forfeited shall be applied in the same manner as it would be applied had the confiscated property been sold to or acquired by other than such prohibited person.

SECTION 3. Section 25-1-87, Mississippi Code of 1972, is amended as follows:

25-1-87. All motor vehicles owned or leased by the State of Mississippi or any agency, department or political subdivision thereof, which shall include counties and municipalities, when such agency or department or political subdivision, which shall include counties and municipalities, is supported wholly or in part by public taxes or by appropriations from public funds, shall have painted on both sides in letters at least three (3) inches in height, and on the rear in letters not less than one and one-half (1-1/2) inches in height, the name of the state agency or department, or political subdivision, which shall include counties and municipalities, in a color which is in contrast with the color of the vehicle; provided, however, that a permanent decal may be used in lieu of paint, and provided further, that any municipality may affix a permanent decal or design at least twelve (12) inches in height and twelve (12) inches in width on both sides of the vehicle with the name of the municipality within or across the permanent decal or design, and the permanent design or decal shall be in a color or colors which are in contrast with the color of the vehicle. No privilege license tag shall be issued for such vehicle until the name has been painted thereon or a permanent design or decal affixed thereto as required by this section. A permanent decal may be used in lieu of paint. The provisions of this paragraph shall not apply to vehicles used by the Chief Executive of the State of Mississippi, to vehicles owned or leased by the Department of Economic and Community Development, to vehicles owned or leased by the Office of the Attorney General, to vehicles owned or leased by the Mississippi State Board of Medical Licensure and used only by the Investigative Division of the board, to one (1) vehicle owned or leased by the Commissioner of the Mississippi Department of Corrections, to not more than three (3) vehicles owned or leased by the Department of Corrections and used only by Community Services Division officers, to not more than one (1) vehicle owned or leased by the Mississippi Department of Transportation and used only by an investigator employed by the Mississippi Department of Transportation or to not more than one (1) vehicle owned or leased by the Mississippi State Tax Commission; and upon receipt of a written request from the State Adjutant General, the Commissioner of Public Safety, the Director of the Alcoholic Beverage Control Division of the Mississippi State Tax Commission, the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks, the Director of the Bureau of Narcotics, the Executive Officer of the Board of Pharmacy, the Executive Director of the Mississippi Gaming Commission, the State Auditor or a president or chancellor of a state institution of higher learning, the Governor may authorize the use of specified unmarked vehicles only in instances where such identifying marks will hinder official investigations, and the governing authorities of any municipality may authorize the use of specified, unmarked police vehicles when identifying marks would hinder official criminal investigations by the police. The written request or the order or resolution authorizing such shall contain the manufacturer's serial number, the state inventory number, where applicable, and shall set forth why the vehicle should be exempt from the provisions of this paragraph. In the event the request is granted, the Governor shall furnish the State Department of Audit with a copy of his written authority for the use of the unmarked vehicles, or the governing authority, as the case may be, shall enter its order or resolution on the minutes and shall furnish the State Department of Audit with a certified copy of its order or resolution for the use of the unmarked police vehicle. The state property auditors of the State Department of Audit shall personally examine vehicles owned or leased by the State of Mississippi or any agency, department or commission thereof and report violations of the provisions of this paragraph to the State Auditor and the Chairman of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. Any vehicle found to be in violation of this paragraph shall be reported immediately to the department head charged with such vehicle, and five (5) days shall be given for compliance; and if not complied with, such vehicles shall be impounded by the State Auditor until properly marked or exempted.

Upon notification to the State Tax Commission by the State Auditor that any municipality or political subdivision is not in compliance with this section, the State Tax Commission shall withhold any sales tax due for distribution to any such municipality and any excise tax on gasoline, diesel fuel, kerosene and oil due any such county and for any months thereafter, and shall continue to withhold such funds until compliance with this section is certified to the State Tax Commission by the State Department of Audit.

County-owned motor vehicles operated by the sheriff's department shall not be subject to the provisions of this section, but shall be subject to the provisions of Section 19-25-15. County-owned motor vehicles operated by a family court established pursuant to Section 43-23-1 et seq., shall not be subject to the provisions of this section.

State-owned or leased motor vehicles operated by the Department of Mental Health or by facilities operated by the Department of Mental Health and used for transporting patients living in group homes or alternative living arrangements shall not be subject to the provisions of this section.

Up to four (4) passenger automobiles owned or leased by economic development districts or economic development authorities shall not be subject to the provisions of this section.

State-owned or leased motor vehicles operated by the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used to investigate livestock theft shall not be subject to the provisions of this section.

Up to three (3) motor vehicles owned or leased by the Pascagoula Municipal Separate School District for use by district security officers shall not be subject to the provisions of this section.

Up to two (2) motor vehicles owned or leased by the Department of Human Services for use only by the Program Integrity Division shall not be subject to the provisions of this section.

The motor vehicles of a public airport shall not be subject to the provisions of this section upon a finding by the governing authority of such airport that marking a motor vehicle as required in this section will compromise security at such airport.

SECTION 4. Section 27-7-93, Mississippi Code of 1972, is amended as follows:

27-7-93. (1) The Chairman of the State Tax Commission shall determine annually the total amount designated by individuals to be paid to the fund, along with all interest earned thereon, and shall report such amount to the State Treasurer who shall pay such amount into the "Wildlife Heritage Fund," established in Section 49-5-77.

(2) The Mississippi Commission on Wildlife, Fisheries and Parks may expend such moneys deposited into the fund pursuant to subsection (1) of this section only to implement the "Mississippi Natural Heritage Law of 1978," Sections 49-5-141 through 49-5-157, Mississippi Code of 1972, by providing for the protection and management of nongame species, threatened or endangered wildlife or plants, and unique geological formations such as waterfalls, caves and canyons, and by purchasing, leasing, registering, dedicating and maintaining natural areas.

SECTION 5. Section 27-65-101, Mississippi Code of 1972, is amended as follows:

27-65-101. (1) The exemptions from the provisions of this chapter which are of an industrial nature or which are more properly classified as industrial exemptions than any other exemption classification of this chapter shall be confined to those persons or property exempted by this section or by the provisions of the Constitution of the United States or the State of Mississippi. No industrial exemption as now provided by any other section except Section 57-3-33 shall be valid as against the tax herein levied. Any subsequent industrial exemption from the tax levied hereunder shall be provided by amendment to this section. No exemption provided in this section shall apply to taxes levied by Section 27-65-15 or 27-65-21.

The tax levied by this chapter shall not apply to the following:

(a) Sales of boxes, crates, cartons, cans, bottles and other packaging materials to manufacturers and wholesalers for use as containers or shipping materials to accompany goods sold by said manufacturers or wholesalers where possession thereof will pass to the customer at the time of sale of the goods contained therein and sales to anyone of containers or shipping materials for use in ships engaged in international commerce.

(b) Sales of raw materials, catalysts, processing chemicals, welding gases or other industrial processing gases (except natural gas) to a manufacturer for use directly in manufacturing or processing a product for sale or rental or repairing or reconditioning vessels or barges of fifty (50) tons load displacement and over. This exemption shall not apply to any property used as fuel except to the extent that such fuel comprises by-products which have no market value.

(c) The gross proceeds of sales of dry docks, offshore drilling equipment for use in oil exploitation or production, vessels or barges of fifty (50) tons load displacement and over, when sold by the manufacturer or builder thereof.

(d) Sales to commercial fishermen of commercial fishing boats of over five (5) tons load displacement and not more than fifty (50) tons load displacement as registered with the U.S. Coast Guard and licensed by the Mississippi * * * Commission on Marine Resources.

(e) The gross income from repairs to vessels and barges engaged in foreign trade or interstate transportation.

(f) Sales of petroleum products to vessels or barges for consumption in marine international commerce or interstate transportation businesses.

(g) Sales and rentals of rail rolling stock (and component parts thereof) for ultimate use in interstate commerce and gross income from services with respect to manufacturing, repairing, cleaning, altering, reconditioning or improving such rail rolling stock (and component parts thereof).

(h) Sales of raw materials, catalysts, processing chemicals, welding gases or other industrial processing gases (except natural gas) used or consumed directly in manufacturing, repairing, cleaning, altering, reconditioning or improving such rail rolling stock (and component parts thereof). This exemption shall not apply to any property used as fuel.

(i) Machinery or tools or repair parts therefor or replacements thereof, fuel or supplies used directly in manufacturing, converting or repairing ships of three thousand (3,000) tons load displacement and over, but not to include office and plant supplies or other equipment not directly used on the ship being built, converted or repaired.

(j) Sales of tangible personal property to persons operating ships in international commerce for use or consumption on board such ships. This exemption shall be limited to cases in which procedures satisfactory to the commissioner, ensuring against use in this state other than on such ships, are established.

(k) Sales of materials used in the construction of a building, or any addition or improvement thereon, and sales of any machinery and equipment not later than three (3) months after the completion of construction of the building, or any addition thereon, to be used therein, to qualified businesses, as defined in Section 57-51-5, which are located in a county or portion thereof designated as an enterprise zone pursuant to Sections 57-51-1 through 57-51-15.

(l) Sales of materials used in the construction of a building, or any addition or improvement thereon, and sales of any machinery and equipment not later than three (3) months after the completion of construction of the building, or any addition thereon, to be used therein, to qualified businesses, as defined in Section 57-54-5.

(m) Income from storage and handling of perishable goods by a public storage warehouse.

(n) The value of natural gas lawfully injected into the earth for cycling, repressuring or lifting of oil, or lawfully vented or flared in connection with the production of oil; however, if any gas so injected into the earth is sold for such purposes, then the gas so sold shall not be exempt.

(o) The gross collections from self-service commercial laundering, drying, cleaning and pressing equipment.

(p) Sales of materials used in the construction of a building, or any addition or improvement thereon, and sales of any machinery and equipment not later than three (3) months after the completion of construction of the building, or any addition thereon, to be used therein, to qualified companies, certified as such by the Mississippi Department of Economic and Community Development under Section 57-53-1.

(q) Sales of component materials used in the construction of a building, or any addition or improvement thereon, sales of machinery and equipment to be used therein, and sales of manufacturing or processing machinery and equipment which is permanently attached to the ground or to a permanent foundation and which is not by its nature intended to be housed within a building structure, not later than three (3) months after the initial start-up date, to permanent business enterprises engaging in manufacturing or processing in less developed areas (as such term is defined in Section 57-73-5), which businesses are certified by the State Tax Commission as being eligible for the exemption granted in this paragraph (q).

(r) Sales of component materials used in the construction of a building, or any addition or improvement thereon, and sales of any machinery and equipment not later than three (3) months after the completion of the building, addition or improvement thereon, to be used therein, for any company establishing or transferring its national or regional headquarters from within or outside the State of Mississippi and creating a minimum of thirty-five (35) jobs at the new headquarters in this state. The Tax Commission shall establish criteria and prescribe procedures to determine if a company qualifies as a national or regional headquarters for the purpose of receiving the exemption provided in this paragraph.

(s) The gross proceeds from the sale of semitrailers, trailers, boats, travel trailers, motorcycles and all-terrain cycles if exported from this state within forty-eight (48) hours and registered and first used in another state.

(t) Gross income from the storage and handling of natural gas in underground salt domes and in other underground reservoirs, caverns, structures and formations suitable for such storage.

(u) Sales of machinery and equipment to nonprofit organizations if the organization: (i) is tax-exempt pursuant to Section 501(c)(4) of the Internal Revenue Code of 1986, as amended; (ii) assists in the implementation of the national contingency plan or area contingency plan, and which is created in response to the requirements of Title IV, Subtitle B of the Oil Pollution Act of 1990, P.L. 101-380; and (iii) engages primarily in programs to contain, clean up and otherwise mitigate spills of oil or other substances occurring in the United States coastal and tidal waters. For purposes of this exemption, "machinery and equipment" means any ocean-going vessels, barges, booms, skimmers and other capital equipment used primarily in the operations of nonprofit organizations referred to herein.

(2) Sales of component materials used in the construction of a building, or any addition or improvement thereon, sales of machinery and equipment to be used therein, and sales of manufacturing or processing machinery and equipment which is permanently attached to the ground or to a permanent foundation and which is not by its nature intended to be housed within a building structure, not later than three (3) months after the initial start-up date, to permanent business enterprises engaging in manufacturing or processing in moderately developed areas and developed areas (as such areas are designated in accordance with Section 57-73-21), which businesses are certified by the State Tax Commission as being eligible for the exemption granted in this paragraph, shall be exempt from one-half (1/2) of the taxes imposed on such transactions under this chapter.

SECTION 6. Section 29-7-3, Mississippi Code of 1972, is amended as follows:

29-7-3. There shall be no development or extraction of oil, gas, or other minerals from state-owned lands by any private party without first obtaining a mineral lease therefor from the Department of Environmental Quality. The Commission on Environmental Quality is hereby authorized and empowered, for and on behalf of the state, to lease any and all of the state land now owned (including that submerged or whereover the tide may ebb and flow) or hereafter acquired, to some reputable person, association, or company for oil and/or gas and/or other minerals in and under and which may be produced therefrom, excepting, however, sixteenth section school land, lieu lands, and such forfeited tax land and property the title to which is subject to any lawful redemption, for such consideration and upon such terms and conditions as the commission * * * deems just and proper.

The commission may promulgate rules and regulations governing all aspects of the process of leasing state lands within its jurisdiction for mineral development, including the setting of any necessary fees, delay rental payments, shut-in royalty payments, and such other provisions as may be required.

There shall not be conducted any seismographic or other mineral exploration or testing activities on any state-owned lands within the mineral leasing jurisdiction of the commission without first obtaining a permit therefor from the department. The commission shall have the authority to promulgate rules and regulations governing all aspects of seismographic or other mineral exploration activity on state lands within its jurisdiction, including the establishing of fees and issuance of permits for the conduct of such mineral exploration activities. Provided, however, that persons obtaining permits from the department for seismographic or other mineral exploration or testing activities on state-owned wildlife management areas, lakes and fish hatcheries, shall be subject to rules and regulations promulgated therefor by the Mississippi Commission on Wildlife, Fisheries and Parks which shall also receive all permit fees for such testing on said lands.

Further, provided that each permit within the Mississippi Sound or tidelands shall be reviewed by the Mississippi Commission on Marine Resources and such special conditions as it may specify will be included in the permit. Information or data obtained in any mineral exploration activity on any and all state lands shall be disclosed to the state through the Department of Environmental Quality, upon demand. Such information or data shall be treated as confidential for a period of ten (10) years from the date of receipt thereof and shall not be disclosed to the public or to any firm, individual or agency other than officials or authorized employees of this state. Any person who makes unauthorized disclosure of such confidential information or data shall be guilty of a misdemeanor, and upon conviction thereof, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the county jail not more than one (1) year, or both.

Whenever any such land or property is leased for oil and gas and/or other minerals, such lease contract shall provide for a lease royalty to the state of at least three-sixteenths (3/16) of such oil and gas or other minerals, same to be paid in the manner prescribed by the Department of Environmental Quality. Of the monies received in connection with the execution of such leases, five-tenths of one percent (5/10 of 1%) shall be retained in a special fund to be appropriated by the Legislature, One Hundred Thousand Dollars ($100,000.00) of which amount to be used by the department for the administration of the Mineral Lease Division of the Department of Environmental Quality and the remainder of such amount shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890; and two percent (2%) shall be paid into a special fund to be designated as the "Gulf and Wildlife Protection Fund," to be appropriated by the Legislature, one-half (1/2) thereof to be apportioned as follows: an amount which shall not exceed One Million Dollars ($1,000,000.00) shall be used by the Mississippi Department of Wildlife, Fisheries and Parks solely for the purpose of clean-up, remedial or abatement actions involving pollution as a result of the exploration or production of oil or gas, and any amount in excess of such One Million Dollars ($1,000,000.00) shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890. The remaining one-half (1/2) of such Gulf and Wildlife Protection Fund to be apportioned as follows: an amount which shall not exceed One Million Dollars ($1,000,000.00) shall be used by the Mississippi Commission on Wildlife, Fisheries and Parks for use first in the prudent management, preservation, protection and conservation of existing waters, lands and wildlife of this state and then, provided such purposes are accomplished, for the acquisition of additional waters and lands and any amount in excess of such One Million Dollars ($1,000,000.00) shall be deposited into the Education Trust Fund, created in Section 206A, Mississippi Constitution of 1890. However, in the event that the Legislature is not in session to appropriate funds from the Gulf and Wildlife Protection Fund for the purpose of clean-up, remedial or abatement actions involving pollution as a result of the exploration or production of oil or gas, then the Mississippi Department of Wildlife, Fisheries and Parks may make expenditures from this special fund account solely for said purpose. The Commission on Environmental Quality may lease the submerged beds for sand and gravel on such a basis as it may deem proper, but where the waters lie between this state and an adjoining state, there must be a cash realization to this state, including taxes paid for such sand and gravel, equal to that being had by such adjoining state, in all cases the requisite consents therefor being lawfully obtained from the United States.

The Department of Environmental Quality is authorized to employ competent engineering personnel to survey the territorial waters of this state in the Mississippi Sound and the Gulf of Mexico and to prepare a map or plat of such territorial waters, divided into blocks of not more than six thousand (6,000) acres each with coordinates and reference points based upon longitude and latitude surveys. The Commission on Environmental Quality is authorized to adopt such survey, plat or map for leasing of such submerged lands for mineral development; and such leases may, after the adoption of such plat or map, be made by reference to the map or plat, which shall be on permanent file with the commission and a copy thereof on file in the Office of the State Oil and Gas Board.

SECTION 7. Section 29-7-17, Mississippi Code of 1972, is amended as follows:

29-7-17. (1) Any person found by the commission to be violating any of the provisions of Section 29-7-3, or any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit shall be subject to a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each violation, such penalty to be assessed and levied by the commission after a hearing as hereinafter provided. Each day upon which a violation occurs shall be deemed a separate and additional violation. Appeals from the imposition of a civil penalty may be taken to the appropriate chancery court in the same manner as appeals from the orders of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient resident sureties of one or more guaranty or surety companies authorized to do business in this state, payable to the State of Mississippi, in an amount equal to double the amount of any civil penalty assessed by the commission, as to which the stay of execution is desired, on the condition that if the judgment shall be affirmed the appellant shall pay all costs of the assessment entered against him.

(2) In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Section 29-7-3, rules and regulations promulgated, and orders and permits made and issued thereunder, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in such cases that the state plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who violates any of the provisions of, or fails to perform any duty imposed by, Section 29-7-3 or any rule or regulation issued hereunder, or who violates any order or determination of the commission promulgated pursuant to such section, and causes the death of fish, shellfish, or other wildlife shall be liable, in addition to the penalties provided in subsections (1), (2), (4) and (5) of this section, to pay to the state an additional amount equal to the sum of money reasonably necessary to restock such waters or replenish such wildlife as determined by the commission after consultation with the Mississippi Commission on Wildlife, Fisheries and Parks. Such amount may be recovered by the commission on behalf of the state in a civil action brought in the appropriate county or circuit court of the county in which venue may lie.

(4) Any person who, through misadventure, happenstance or otherwise causes damage to or destruction of state-owned lands or structures or other property thereon necessitating remedial or clean-up action shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2), (3) and (5) of this section.

(5) It shall be unlawful for any person to conduct unauthorized mineral exploration, development, or extraction activity or to violate the provisions of Section 29-7-3 or the rules and regulations of the commission which relate to mineral exploration, development, or extraction activity and, upon conviction thereof, such person shall be guilty of a misdemeanor, and fined not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each offense. Each day on which such violation occurs or continues shall constitute a separate offense.

(6) In lieu of or in addition to the penalties prescribed hereinabove, any person convicted by a court of law or found guilty by the commission of unlawful mineral extraction activity on state-owned lands shall repay to the state the fair market value of the minerals unlawfully extracted.

(7) Proceedings before the commission on civil violations prescribed hereinabove shall be conducted in the manner set forth in Sections 49-17-31, 49-17-33 and 49-17-35, with appeals therefrom to be perfected in the manner set forth in Section 49-17-41.

SECTION 8. Section 37-101-19, Mississippi Code of 1972, is amended as follows:

37-101-19. The Board of Trustees of State Institutions of Higher Learning is hereby authorized and empowered to establish and maintain a marine research laboratory on lands belonging to the State of Mississippi, said lands being a part of the Magnolia State Park in Jackson County, Mississippi, and to be assigned for the use of such laboratory by the Mississippi Department of Wildlife, Fisheries and Parks.

The marine research laboratory may, in the discretion of the Board of Trustees of State Institutions of Higher Learning, be operated by the Mississippi Academy of Science, Inc., under the supervision and control of the Board of Trustees of State Institutions of Higher Learning.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized and empowered to expend annually out of its regular appropriation for the support and maintenance of institutions of higher learning a sum not exceeding Five Thousand Dollars ($5,000.00) for the support and maintenance of the marine research laboratory.

SECTION 9. Section 39-5-41, Mississippi Code of 1972, is amended as follows:

39-5-41. The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to transfer title to the Dancing Rabbit Creek Treaty property to the Department of Archives and History.

SECTION 10. Section 49-1-31, Mississippi Code of 1972, is amended as follows:

49-1-31. The Mississippi Department of Wildlife, Fisheries and Parks shall not adopt any rule or regulation which would prohibit or unreasonably restrict the right of any qualified person to fish with poles, hooks and lines and rods and reels during proper season while standing upon the rocks surrounding the banks of the chute or spillway of the Sardis Dam in Panola County, Mississippi; nor shall any conservation officer or other employee of such commission prohibit or endeavor to prohibit any qualified person from so fishing during proper season.

SECTION 11. Section 49-1-33, Mississippi Code of 1972, is amended as follows:

49-1-33. Whenever the Mississippi Commission on Wildlife, Fisheries and Parks 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 Mississippi Commission on Wildlife, Fisheries and Parks 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 Mississippi Commission on Wildlife, Fisheries and Parks 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.

SECTION 12. Section 49-1-35, Mississippi Code of 1972, is amended as follows:

49-1-35. The Mississippi Commission on Wildlife, Fisheries and Parks may publish an official magazine concerning the activities of the Mississippi Department of Wildlife, Fisheries and Parks and other matters of interest to Mississippi hunters, fishermen, boaters and other outdoorsmen. The commission is authorized to charge and collect a fee for subscriptions and to make such other rules and regulations as may be necessary for the publishing of such magazine. The subscription rates shall be as follows: for a one-year subscription, not less than Five Dollars ($5.00) nor more than Nine Dollars ($9.00); for a two-year subscription, not less than Nine Dollars and Fifty Cents ($9.50) nor more than Seventeen Dollars and Fifty Cents ($17.50); and for a three-year subscription, not less than Fourteen Dollars and Fifty Cents ($14.50) nor more than Twenty-six Dollars and Fifty Cents ($26.50). The Mississippi Department of Wildlife, Fisheries and Parks may establish a fund to be known as the MS Outdoors Fund. The proceeds from subscriptions 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 Bureau of Administration's operating account to defray the publishing expenses of MS Outdoors and related expenses.

SECTION 13. Section 49-1-41, Mississippi Code of 1972, is amended as follows:

49-1-41. The Mississippi Commission on Wildlife, Fisheries and Parks 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 act 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 is hereby authorized to prescribe from time to time rules and regulations governing the possession, purchase, sale and transportation of animals and birds for propagation purposes or raised in captivity under this section.

SECTION 14. Section 49-1-47, Mississippi Code of 1972, is amended as follows:

49-1-47. The Mississippi Commission on Wildlife, Fisheries and Parks 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 Mississippi Commission on Wildlife, Fisheries and Parks 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 executive director.

SECTION 15. Section 49-1-51, Mississippi Code of 1972, is amended as follows:

49-1-51. All funds collected by the commission and Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks under the provisions of this chapter shall be used by the * * * commission for the purpose of carrying out all purposes of this chapter.

SECTION 16. Section 49-1-53, Mississippi Code of 1972, is amended as follows:

49-1-53. The Mississippi Department of Wildlife, Fisheries and Parks 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 Mississippi Department of Wildlife, Fisheries and Parks 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 Mississippi Commission on Wildlife, Fisheries and Parks which shall then be authorized to pay such rental out of any of its funds. * * * SECTION 17. Section 49-1-55, Mississippi Code of 1972, is amended as follows:

49-1-55. (1) 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."

(2) 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.

SECTION 18. Section 49-2-1, Mississippi Code of 1972, is amended as follows:

49-2-1. 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.

SECTION 19. Section 49-2-19, Mississippi Code of 1972, is amended as follows:

49-2-19. All employees of the Department of Environmental Quality and the Mississippi Department of Wildlife, Fisheries and Parks, when authorized by their executive directors, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of their department, in accordance with the provisions of Section 25-3-41, Mississippi Code of 1972.

SECTION 20. Section 49-3-13, Mississippi Code of 1972, is amended as follows:

49-3-13. The laboratory personnel shall cooperate fully with the colleges and universities of the state, the Mississippi State Department of Agriculture and Commerce, and the Mississippi Department of Wildlife, Fisheries and Parks in an effort to fully effectuate the purpose of this chapter. All state agencies and departments are hereby authorized and directed to give the laboratory and its personnel their full cooperation in every possible manner.

SECTION 21. Section 49-4-1, Mississippi Code of 1972, is amended as follows:

49-4-1. 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.

SECTION 22. Section 49-4-19, Mississippi Code of 1972, is amended as follows:

49-4-19. All employees of the Department of Environmental Quality and the Mississippi Department of wildlife, Fisheries and Parks, when authorized by their executive directors, shall be entitled to transportation, traveling and subsistence expenses while away from the office on official business of their department, in accordance with the provisions of Section 25-3-41, Mississippi Code of 1972.

SECTION 23. Section 49-5-1, Mississippi Code of 1972, is amended as follows:

49-5-1. (1) All lands belonging to the State of Mississippi whether held in fee or in trust by the state, are hereby declared forest reserves and wild life refuges so long as the state so owns them, and no wild life shall be taken thereon except under regulations of the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) Every public park, golf course and play ground, containing as much as fifty (50) acres, shall constitute, and is hereby declared to be a sanctuary or preserve for the protection and propagation of bird and animal life.

(3) The Secretary of State, by and with the consent and approval of the Attorney General and the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby authorized and empowered to lease, for a term not exceeding twenty (20) years, the cut-over, swamp and overflowed lands belonging to the state and unsuitable for cultivation, for the purpose of establishing game and fish preserves, but the lease of such land for game preserve purposes shall not be applied to tracts of land of less than one thousand (1,000) acres of contiguous lands.

Such a lease shall provide that the lessee or lessees of the cut-over, swamp or overflowed land shall not cut any timber for commercial purposes or permit waste thereof or of the lands and shall not include the right to mine the oil, gas and minerals on or under the said land. As a consideration for the lease, the Secretary of State, by and with the consent of the Attorney General and the Mississippi Commission on Wildlife, Fisheries and Parks, shall contract that the lessee or lessees shall at all times protect the state's interest in and to the timber growing on the leased lands.

However, nothing in this subsection shall prevent the state from selling at any time any timber or any of said lands so leased, or leasing and/or drilling such lands for gas, oil, and/or minerals.

Furthermore, nothing in this subsection shall prevent the homesteading of any lands so leased.

SECTION 24. Section 49-5-11, Mississippi Code of 1972, is amended as follows:

49-5-11. In addition to the powers and duties now conferred upon the Mississippi Commission on Wildlife, Fisheries and Parks, the Mississippi Commission on Wildlife, Fisheries and Parks may, in its discretion, purchase by negotiation, contract by option to purchase, provided said option is exercised within a period of ten (10) years from the time executed, the land necessary and requisite for the construction and maintenance thereon of game and fish management projects or game and fish hunting and fishing refuge.

SECTION 25. Section 49-5-13, Mississippi Code of 1972, is amended as follows:

49-5-13. (1) The Mississippi Commission on Wildlife, Fisheries and Parks shall have authority to adopt rules and regulations regulating public hunting and fishing in any wildlife conservation management projects or wildlife conservation hunting and fishing refuges constructed under the provisions of this chapter, and may prescribe and collect fees for the privilege of hunting and fishing in such projects and shall have general authority to operate such wildlife conservation management areas or refuges.

(2) The Mississippi Commission on Wildlife, Fisheries and Parks shall also have authority to adopt such rules and regulations that may be necessary for the management and control of such wildlife conservation management areas or refuges.

(3) The Department of Finance and Administration may lease any lands other than woodlands owned by the state within wildlife conservation management areas as long as such lands are not within the boundaries of the used portions of such areas and so long as such lands are leased as provided for in subsections (4) and (5) of this section. The rental from any such lease is to be paid to the Mississippi Commission on Wildlife, Fisheries and Parks and expended as hereinafter provided.

(4) The Mississippi Commission on Wildlife, Fisheries and Parks shall recommend to the Department of Finance and Administration the number of acres of land within wildlife conservation management areas which should be leased to private entities. The Department of Finance and Administration shall have the authority to lease for agricultural purposes that land so recommended for not less than one (1) nor more than five (5) years. The Department of Finance and Administration shall lease said lands for cash rent only. The Department of Finance and Administration shall reserve and exclude from any such lands the hunting rights on said lands at all times after the crops are harvested and until the lands are again planted.

(5) It shall be the duty of the Department of Finance and Administration to lease such lands at public contract upon the submission of two (2) or more sealed bids to the Department of Finance and Administration after having advertised such land for rent in a newspaper of general circulation published in the county in which the land is located, or if no newspaper be published in said county, then in a newspaper having a general circulation therein, for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days prior to the date of such public contract, and the last publication shall be made not more than seven (7) days prior to such date. The Department of Finance and Administration shall have the authority to reject any and all bids. In the event all bids on a tract or parcel of land are rejected, the Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at such time authorized by the Department of Finance and Administration. Provided, however, rent shall be due no later than the day upon which the lessee shall assume possession of said leasehold, and shall be due on the anniversary date for each following year of the lease. The Department of Finance and Administration shall have the rights and remedies for the security and collection of such rents given by law to landlords. Upon the execution of the leases as authorized by this section, the leased land shall be liable to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereon for taxes, only the title of the leaseholder or his heirs or assigns shall pass by the sale.

SECTION 26. Section 49-5-15, Mississippi Code of 1972, is amended as follows:

49-5-15. The Mississippi Commission on Wildlife, Fisheries and Parks may contract with any county or counties in which such a game and fish management project or game and fish hunting and fishing refuge may be located or any municipality located in such county, for the joint support and maintenance thereof so that the cost of acquisition, construction and maintenance of such project may be borne jointly by such agencies. The commission may use any revenues coming to it from the sale of timber, mineral leases on such land, any donations made to such a project by any agency of the federal government or the State of Mississippi or fees collected by it for permits granted for hunting and fishing thereon toward financing same.

SECTION 27. Section 49-5-16, Mississippi Code of 1972, is amended as follows:

49-5-16. The Mississippi Commission on Wildlife, Fisheries and Parks is hereby authorized to enter into agreements with counties in which game and fish wildlife management areas are located, and to accept monies from said counties, the federal government, or from any other sources, for the construction and operation of lodges on lands owned by the Mississippi Commission on Wildlife, Fisheries and Parks, said lodges to be controlled and operated by the commission.

SECTION 28. Section 49-5-17, Mississippi Code of 1972, is amended as follows:

49-5-17. Bonds may be issued by any municipality or county as now authorized by Section 55-9-1 to secure funds with which to purchase the required lands and to construct game and fish management projects, all of which shall be done under the direction of the Mississippi Commission on Wildlife, Fisheries and Parks. Such bonds shall be retired by the proceeds of ad valorem taxes levied by such counties and municipalities, and the Mississippi Commission on Wildlife, Fisheries and Parks may pledge to the payment of such bonds any funds accruing to it under the provisions of this chapter.

SECTION 29. Section 49-5-21, Mississippi Code of 1972, is amended as follows:

49-5-21. (1) The Mississippi Department of Wildlife, Fisheries and Parks shall transfer all funds under its control into a special fund in the State Treasury to be segregated and known as the "Fisheries and Wildlife Fund," which fund can only be expended as authorized by the Legislature for the purposes for which the Mississippi Department of Wildlife, Fisheries and Parks was created. All funds derived from the sale of licenses, fees, fines and other revenues being received by the Mississippi Department of Wildlife, Fisheries and Parks as is now provided by law, shall be deposited in the Fisheries and Wildlife Fund, with the State Treasurer. The interest obtained thereon from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited by the State Treasurer to the said Fisheries and Wildlife Fund and shall not be paid into the General Fund of Mississippi.

(2) The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized to expend such sums as are authorized by the Legislature from the Fisheries and Wildlife Fund in the State Treasury for paying salaries of its employees, operating and maintaining equipment and for any other purpose for which they are now authorized to expend funds by law, which amount shall be available for expenditure.

The money herein authorized shall be paid by the State Treasurer out of the Fisheries and Wildlife Fund on warrants issued by the State Auditor; and the State Auditor shall issue his warrant upon requisition signed by the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

(3) The Mississippi Department of Wildlife, Fisheries and Parks shall prepare and submit annually to the Legislature a budget for its proposed operation. The budget herein required shall reflect all anticipated revenues from all sources, including all grants and matching funds, together with all proposed expenditures. The budget shall be prepared in the same manner as is now required of other departments of this state. The Mississippi Department of Wildlife, Fisheries and Parks shall be subject to budgetary control and audit in the same manner as is provided by law for other departments and agencies. Nothing in this section shall be construed as requiring legislative appropriation of such Fisheries and Wildlife Fund, but it is intended that expenditure of such funds shall be under authority of the budget approved as herein provided and as authorized by the Legislature.

SECTION 30. Section 49-5-25, Mississippi Code of 1972, is amended as follows:

49-5-25. The State of Mississippi hereby assents to the provisions of the acts of Congress entitled "An Act to Provide that the United States Shall Aid the State in Wildlife Restoration Projects, and for Other Purposes," approved September 2, 1937 (Public No. 415, 75th Congress, 1st Session), and the Mississippi Commission on Wildlife, Fisheries and Parks may perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the Secretary of Interior thereunder; and no moneys accruing to the State of Mississippi from license fees paid by hunters shall be diverted for any other purpose than the administration of the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 31. Section 49-5-27, Mississippi Code of 1972, is amended as follows:

49-5-27. The State of Mississippi hereby assents to the provisions of the act of Congress entitled "An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects," approved August 9, 1950 (Public Laws 681, 81st Congress), and the Mississippi Commission on Wildlife, Fisheries and Parks may perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress in compliance with said act and rules and regulations promulgated by the Secretary of the Department of Interior thereunder; and no funds accruing to the State of Mississippi from license fees paid by fishermen shall be diverted for any other purpose than the administration of the Mississippi Department of Wildlife, Fisheries and Parks and for the protection, propagation, preservation and investigation of fish and game.

SECTION 32. Section 49-5-35, Mississippi Code of 1972, is amended as follows:

49-5-35. The Mississippi Department of Wildlife, Fisheries and Parks shall be authorized to cooperate with the United States Bureau of Biological Survey in the taking, killing and destruction of predatory animals within the state that are destructive to game birds, animals and livestock. The Mississippi Department of Wildlife, Fisheries and Parks may pay its proportionate share of the salary and expenses of the designated representative of the Bureau of Biological Survey out of any funds to the credit of the Fisheries and Wildlife Fund for the purpose of carrying out this section.

SECTION 33. Section 49-5-37, Mississippi Code of 1972, is amended as follows:

49-5-37. The sum of Twenty-five Thousand Dollars ($25,000.00), or so much thereof as may be necessary is hereby appropriated out of any money in the Treasury of the Mississippi Department of Wildlife, Fisheries and Parks, for the purpose of eradicating rabies among foxes in any county in the State of Mississippi, when the Board of Health or the Mississippi Department of Wildlife, Fisheries and Parks shall determine that the disease is prevalent in any county or district.

SECTION 34. Section 49-5-61, Mississippi Code of 1972, is amended as follows:

49-5-61. (1) The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Wildlife Heritage Committee and shall exercise the duties and authority granted to such committee pursuant to Sections 49-5-69 through 49-5-98, and pursuant to any other laws of the State of Mississippi.

(2) Wherever the term "Wildlife Heritage Committee" appears in the laws of the State of Mississippi, it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks, unless the context clearly means to refer to the former Wildlife Heritage Committee.

SECTION 35. Section 49-5-77, Mississippi Code of 1972, is amended as follows:

49-5-77. (1) The commission is hereby empowered and authorized to establish a fund to be known as the Wildlife Heritage Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund.

(2) The commission is empowered and authorized, in addition to such sums as may be appropriated from time to time by the Legislature, to accept from any person, firm, corporation or agency of government, national, state or local any gifts or devise, lands, money for the purpose of acquiring by lease, or purchase any area for hunting or fishing use or for the preservation of any species of wildlife or fish. Such lands and waters as are acquired under the provisions of Sections 49-5-61 through 49-5-85 and Section 49-5-78 shall be under the administration and control of the commission until a proper plan shall be developed for the land or water. The commission shall enter into an agreement with an appropriate agency in the executive branch to develop a plan for the land or water. After the plan is developed, the land or water shall be transferred to the administration and control of the Mississippi Department of Wildlife, Fisheries and Parks or other appropriate agency in the executive branch to be managed by the agency according to the plan.

(3) The commission is authorized and empowered to accept and earmark for any purpose, not inconsistent with the provisions of Sections 49-5-61 through 49-5-85, any gift or devise, lands or money from any person, firm, corporation or governmental unit on such terms and conditions as the donor may designate.

SECTION 36. Section 49-5-78, Mississippi Code of 1972, is amended as follows:

49-5-78. Included in the hunting and/or fishing license fees authorized in Section 49-7-8, there shall be collected for each nonresident license and renewal thereof, except nonresident temporary fishing permits, a fee of Five Dollars ($5.00), which shall be paid into the Wildlife Heritage Fund established under the provisions of subsection (1) of Section 49-5-77. The funds generated from such additional fees shall be used from time to time by the commission to purchase, and take title in the name of the State of Mississippi, real estate to be used as hunting and/or fishing areas by the people of the State of Mississippi. In purchasing this real estate, the committee shall have all of the powers, and shall be subject to all of the restrictions prescribed in Sections 29-1-1 and 49-5-71. Transfer of title to any real estate purchased under the provisions of this section shall be by warranty deed or deeds vesting title in fee simple, excepting mineral rights where necessary, in the name of the State of Mississippi. Any real estate purchased under the provisions of this section shall be subject to the provisions of subsection (2) of Section 49-5-77 regarding the development of plans for and the management of real estate which is acquired by the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 37. Section 49-5-81, Mississippi Code of 1972, is amended as follows:

49-5-81. The committee is further authorized and empowered to enter into agreements with the Mississippi Department of Wildlife, Fisheries and Parks for the purpose of providing camping and other recreational facilities on any such land acquired under the provisions of Section 49-5-71.

SECTION 38. Section 49-5-83, Mississippi Code of 1972, is amended as follows:

49-5-83. Monies expended from the fund hereinabove established shall be spent only after proper resolution entered upon its minutes by the Mississippi Commission on Wildlife, Fisheries and Parks and upon warrants signed by the chairman of the commission and countersigned by the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks. Such funds shall be audited at any time the Governor shall so direct or by the State Auditor on an annual basis.

SECTION 39. Section 49-5-86, Mississippi Code of 1972, is amended as follows:

49-5-86. For purposes of Sections 49-5-86 through 49-5-98, the following words and terms shall have the meaning ascribed herein unless the context otherwise requires:

(a) The words "general obligation bonds" shall mean bonds of the State of Mississippi, to the repayment of which, both as to principal and interest, the full faith, credit and taxing power of the State of Mississippi are irrevocably pledged until the principal and interest are paid in full.

(b) The words "bond commission" shall mean the State Bond Commission.

(c) The words "committee" or "Wildlife Heritage Committee" shall mean the Mississippi Commission on Wildlife, Fisheries and Parks.

SECTION 40. Section 49-5-92, Mississippi Code of 1972, is amended as follows:

49-5-92. Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to a special fund in the State Treasury to be known as the "Mississippi Commission on Wildlife, Fisheries and Parks Land Purchase Fund." The proceeds of such bonds shall be used solely for the payment of the cost of the land described in Section 49-5-87, which shall include costs incident to the issuance and sale of such bonds, and shall be disbursed solely upon the order of the committee under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

SECTION 41. Section 49-5-97, Mississippi Code of 1972, is amended as follows:

49-5-97. The funds which are transferred from the sale of bonds under Sections 49-5-86 through 49-5-98 to the special fund in the State Treasury known as the "Mississippi Commission on Wildlife, Fisheries and Parks Land Purchase Fund" may be withdrawn only in the following manner: Said funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which warrants shall be issued upon requisition by the chairman of the commission pursuant to a resolution adopted by the commission authorizing the requisition.

All expenditures ordered by the commission shall be entered upon its minutes, and the commission shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.

SECTION 42. Section 49-5-103, Mississippi Code of 1972, is amended as follows:

49-5-103. The Legislature finds and declares all of the following:

(a) That it is the policy of the Mississippi Department of Wildlife, Fisheries and Parks to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as members of ecosystems;

(b) 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;

(c) That the state should assist in the protection of species or subspecies of wildlife which are deemed to be endangered by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species or subspecies of wildlife listed on the United States' Lists of Endangered Fish and Wildlife as set forth herein unless such actions will assist in preserving or propagating the species or subspecies; and

(d) 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.

SECTION 43. Section 49-5-105, Mississippi Code of 1972, is amended as follows:

49-5-105. The words and phrases when used in Sections 49-5-101 through 49-5-119 shall, for the purposes of such sections, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) "Director" means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.

(c) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

(d) "Endangered species" means any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so, due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or man-made factors affecting its prospects of survival or recruitment within the state, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Native Fish and Wildlife as it appears on July 1, 1974, (Part 17 of Title 50 of the Code of Federal Regulations, Appendix D) as well as any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), as such list may be modified hereafter.

(e) "Management" means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also, included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.

(f) "Nongame species" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean or other wild animal not otherwise legally classified by statute or regulation of this state.

(g) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

(h) "Person" means any individual, firm, corporation, association or partnership.

(i) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.

(j) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.

SECTION 44. Section 49-5-145, Mississippi Code of 1972, is amended as follows:

49-5-145. (1) The Legislature states that the purpose of Sections 49-5-141 through 49-5-157 is to establish a registration procedure by which owners of natural areas may voluntarily agree to manage and protect the areas according to rules set forth by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The Legislature states that the purpose of Sections 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 of Mississippi to be managed and protected by an appropriate agency designated by the Mississippi Commission on Wildlife, Fisheries and Parks for the people of Mississippi.

SECTION 45. Section 49-5-147, Mississippi Code of 1972, is amended as follows:

49-5-147. For the purposes of Sections 49-5-141 through 49-5-157, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Committee" or "Wildlife Heritage Committee" shall mean the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) "Natural area" shall mean an area of land, water or air, or combination thereof, 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.

(c) "Register" shall mean the act of agreement between the owner of a natural area and the Mississippi Commission on Wildlife, Fisheries and Parks for designation of the natural area and for its placement on the register of natural areas by voluntary agreement between the owner of the natural area and the commission.

(d) "Register of natural areas" shall mean a listing of natural areas which are being managed by the owner of the natural area according to the rules and regulations of the Mississippi Commission on Wildlife, Fisheries and Parks.

(e) "Natural area preserve" shall mean a natural area which is voluntarily dedicated.

(f) "Dedicate" shall mean the transfer to the Mississippi Commission on Wildlife, Fisheries and Parks of any estate, interest or right in any natural area to be held for the people of Mississippi in a manner provided in Section 49-5-155.

SECTION 46. Section 49-7-16, Mississippi Code of 1972, is amended as follows:

49-7-16. (1) Any person, whether a resident or nonresident of this state, who is a fur dealer, or who regularly buys fur-bearing animals from trappers or hunters, shall be required to obtain a license under this section. Application for such license shall be made to any of the officials authorized to issue licenses under Chapter 7 of Title 49, Mississippi Code of 1972. The license fee shall be Fifty Dollars ($50.00) for residents, together with the fee provided in Section 49-7-17 to the officer issuing such license. Such license shall be good for one (1) year from the date of issuance unless suspended or revoked earlier, and it is renewable upon payment of the fee. The license shall be carried on the person of the holder whenever he is engaged in the business of fur dealer or engaged in buying fur-bearing animals.

(2) Dealers or those persons who regularly buy fur-bearing animals from trappers or hunters are authorized to possess inventories of dried or stretched furs and skins at any time. However, dealers or other fur buyers are authorized to buy, transport, sell or offer for sale inventories of fur for only ninety (90) days beyond the close of the trapping season set by the Mississippi Commission on Wildlife, Fisheries and Parks. The commission shall, in its discretion, extend the ninety-day period for buying, transporting, selling or offering for sale inventories of fur.

(3) The commission may require tagging of furs to account for harvest of a species in a specific location. Dealers shall be required to maintain accurate records of purchases. Such dealer records and fur houses shall be open to conservation officers on request for inspection without warrant.

(4) Persons acquiring fur for the sole purpose of tanning, dressing, manufacturing or otherwise preparing finished fur products are authorized to buy, sell, possess and transport inventories of fur and finished fur products at any time for these and related purposes.

SECTION 47. Section 49-7-32, Mississippi Code of 1972, is amended as follows:

49-7-32. The Mississippi Commission on Wildlife, Fisheries and Parks may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.

SECTION 48. Section 49-7-42, Mississippi Code of 1972, is amended as follows:

49-7-42. It shall be lawful at all times for any person, upon the issuance of a permit by the Mississippi * * * Commission on Wildlife, Fisheries and Parks, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the Mississippi * * * Commission on Wildlife, Fisheries and Parks and upon payment of the sum of Three Dollars ($3.00) each. Such permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds hereunder shall be conducted under such rules and regulations as may be promulgated by the Mississippi * * * Commission on Wildlife, Fisheries and Parks. The above tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.

SECTION 49. Section 49-7-47, Mississippi Code of 1972, is amended as follows:

49-7-47. (1) The Mississippi Commission on Wildlife, Fisheries and Parks shall have the authority to control, regulate and manage the taking of all alligators and alligator turtles.

(2) Both residents and nonresidents shall be required to purchase a combination hunting and fishing license to hunt, kill or catch any alligator or alligator turtle for sporting purposes.

(3) Both residents and nonresidents shall be required to obtain a special permit to hunt, kill, catch or possess any alligator or alligator turtle for commercial purposes. The Mississippi Commission on Wildlife, Fisheries and Parks is authorized to establish a reasonable fee for an annual special sporting permit, not to exceed Two Hundred Dollars ($200.00), and to prescribe regulations governing commercial trade in alligators and alligator turtles. Any reasonable fee established for an annual special commercial permit shall not exceed Five Hundred Dollars ($500.00). Such permit shall be good from the date of its issuance to June 30 following its date.

(4) Any person violating this section shall be guilty, upon conviction, of a Class I offense and punished as provided in Section 49-7-141.

SECTION 50. Section 49-7-91, Mississippi Code of 1972, is amended as follows:

49-7-91. (1) It shall be unlawful for any person, firm, or corporation to fish commercially at any time in Muddy Bayou, in Warren County, Mississippi.

(2) The Mississippi Department of Wildlife, Fisheries and Parks may enforce the provisions of this act and * * * seize and confiscate all commercial nets and seines used in Muddy Bayou, in Warren County, Mississippi, or on any part of said bayou, either along the length or at its two (2) openings in and to Eagle Lake and Steele Bayou.

(3) Any person who is found guilty of violating the provisions of this section shall, upon conviction thereof, be guilty of a misdemeanor and fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition thereto the Mississippi Department of Wildlife, Fisheries and Parks shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds thereof to the credit of the State Game and Fish Fund.

SECTION 51. Section 49-7-101, Mississippi Code of 1972, is amended as follows:

49-7-101. (1) Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds, or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a Class III violation and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). In addition thereto, such person is liable, in the discretion of the court, to an additional penalty of Twenty-five Dollars ($25.00) for each animal, bird, or fish, or part thereof, or each nest or egg of any bird taken, possessed, or transported in violation of such law or regulation.

(2) Any person killing a doe deer and being convicted therefor shall be guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

(3) Any person killing a wild turkey hen, except when permitted by the Mississippi Commission on Wildlife, Fisheries and Parks, shall be guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

(4) Any person killing any turkey out of season, and any person baiting turkeys, upon conviction therefor, shall be guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

(5) Any person unlawfully trapping quail or any other game bird within this state shall, upon conviction therefor, be guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

(6) Any person transporting, shipping, or carrying quail or any other game bird within, or from within to a point without this state, without first having secured permission from the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks to so do, shall, except as otherwise provided by Section 49-1-1 et seq., be fined not less than One Hundred Dollars ($100.00).

SECTION 52. Section 49-7-133, Mississippi Code of 1972, is amended as follows:

49-7-133. The Mississippi * * * Commission on Wildlife, Fisheries and Parks may negotiate with the Louisiana Conservation Commission and the Arkansas Game and Fish Commission to effectuate a reciprocity agreement with one or both of these commissions providing that the hunting and fishing licenses and the rules and regulations governing hunting and fishing shall be acceptable and recognized by the game and fish commissions or the conservation commission of each of the states participating in the reciprocity agreement, when hunters or fishermen hold a current license issued by the state game and fish commissions or the conservation commission of the state in which he is domiciled, when fishing in the Mississippi River or in bodies of water between the Mississippi River and the levee nearest the river, in places where there is a levee; and in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee; and when hunting waterfowl and other migratory species in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee.

For all counties lying wholly or partially within the Mississippi levee district, and bordering upon the Mississippi River, and having a population of more than five thousand (5,000) according to the 1950 census, the commission is authorized to effectuate a reciprocity agreement, with the Game and Fish Commissions of Arkansas and Louisiana, and/or with the Game and Fish Commissions of the Counties of Desha and Chicot in the State of Arkansas, which shall permit hunting waterfowl and other migratory species, deer, squirrels, turkeys, quail and rabbits in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs and in places where there is no levee.

SECTION 53. Section 49-7-135, Mississippi Code of 1972, is amended as follows:

49-7-135. The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks may proceed immediately to negotiate with the Game and Fish Commission of the State of Louisiana to effectuate a reciprocity agreement with such commission providing that the current hunting and fishing licenses issued to hunters or fishermen of the respective states shall be accepted and recognized by the game and fish commissions of each of the states for the purpose of hunting for migratory water fowl or fishing by the hunters or fishermen of either state in the Pearl River between top bank and top bank along the course where the Pearl River forms a boundary line between the State of Louisiana and the State of Mississippi.

SECTION 54. Section 49-7-137, Mississippi Code of 1972, is amended as follows:

49-7-137. (1) The Department of Finance and Administration may lease for hunting, fishing and conservation purposes to the Quitman County Conservation League, Incorporated, a nonprofit domestic corporation, all wood lands owned by the State of Mississippi in Quitman County, Mississippi, and being a part of Camp "B" at the O'Keefe Farm of the Mississippi State Penitentiary.

(2) Any such lease shall be for a period and term of not more than one (1) year, but the same may continue from year to year until terminated by one of the parties thereto.

(3) Any such lease shall be upon such terms and conditions as may be imposed by the Department of Finance and Administration and the Board of Commissioners of the Mississippi State Penitentiary and the same shall have no force and effect until approved in writing by said board of commissioners and may be terminated at the pleasure of the board of commissioners, or the Department of Finance and Administration.

(4) Such lease shall provide that the use of such wood lands by the Quitman County Conservation League, Incorporated, shall be under the supervision of the Mississippi Commission on Wildlife, Fisheries and Parks. Any lease on this land shall provide that any citizen of this state shall be entitled to hunt and fish on these lands providing they shall comply with all laws and regulations pertaining to fishing and hunting and provided such person meets the membership qualifications and pays the membership fee in the amount of Three Dollars ($3.00) as set by the Quitman County conservation league.

SECTION 55. Section 49-7-169, Mississippi Code of 1972, is amended as follows:

49-7-169. The Mississippi Commission on Wildlife, Fisheries and Parks may enter into reciprocal agreements with other states having a state migratory waterfowl stamp.

SECTION 56. Section 49-7-201, Mississippi Code of 1972, is amended as follows:

49-7-201. (1) There is hereby established a beaver control program which shall be developed by the Beaver Control Advisory Board created in Section 49-7-203 and administered by the Mississippi Commission on Wildlife, Fisheries and Parks with the advice of the board or administered by a federal agency pursuant to an agreement with the commission for such purpose. The program shall be limited to the control or eradication of beavers only on private lands or public lands, excluding federally-owned lands but including lands whereupon easements are granted to a federal entity. The commission may employ such personnel as is necessary to implement its duties to administer the program and set the salary of such personnel subject to State Personnel Board guidelines.

(2) Any state, local or private funds available to the commission to fund the program shall be used to match federal funds available for such purpose. The commission may execute such agreements with any agency of the federal government as are necessary to obtain federal matching funds to finance the beaver control program.

(3) Nonfederal funds to help finance the program may be obtained by the commission from the following sources:

(a) Appropriations by the Legislature;

(b) Contributions from participating counties;

(c) Charges on participating landowners; and/or

(d) Contributions from any other sources for such purpose.

(4) (a) Any county in the state desiring to participate in the program during its fiscal year shall contribute Two Thousand Dollars ($2,000.00) for such purpose from any funds available in its general fund. Such county shall commit such funds to the program for the ensuing fiscal year by adopting and submitting a resolution to that effect on or before August 1 to the Mississippi Commission on Wildlife, Fisheries and Parks. The commission shall establish the due date for the payment of contributions by counties.

(b) The sum of county contributions may be matched by nonfederal funds available to the state for the beaver control program.

(5) Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver control program.

SECTION 57. Section 49-7-203, Mississippi Code of 1972, is amended as follows:

49-7-203. (1) There is hereby created the Beaver Control Advisory Board which shall be composed of the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks, State Forestry Commission, Department of Agriculture and Commerce, Mississippi Department of Transportation and Mississippi State Cooperative Extension Services.

(2) The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks shall be the chairman of the board and shall preside over meetings.

(3) The members of the board shall serve without compensation but shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.

(4) The board shall have the following duties and responsibilities:

(a) To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;

(b) To develop a beaver control program to be administered by the Mississippi Department of Wildlife, Fisheries and Parks or by a federal agency pursuant to an agreement with the commission for such purpose;

(c) To designate the areas of the state having the greatest need for beaver control or eradication and establish a list of priority areas on an annual basis;

(d) To recommend to the Mississippi Commission on Wildlife, Fisheries and Parks such fees as may be necessary to charge participating landowners; and

(e) To function in an advisory capacity to the Mississippi Commission on Wildlife, Fisheries and Parks regarding the implementation of the beaver control program.

SECTION 58. Section 49-7-251, Mississippi Code of 1972, is amended as follows:

49-7-251. (1) Except as otherwise provided in Section 49-7-257, when any property is seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, proceedings under this section shall be instituted promptly. Provided, however, that the seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lienholders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. Provided further, that no property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

(2) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi, then the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-401, Mississippi Code of 1972, as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall make inquiry of the Executive Director of the Department of Economic and Community Development as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(7) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall cause any record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(9) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to "the Unknown Owner of ....", filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972, and shall be served as provided in Section 11-33-37, Mississippi Code of 1972, for publication of notice for attachments at law.

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.

SECTION 59. Section 49-7-253, Mississippi Code of 1972, is amended as follows:

49-7-253. (1) Except as otherwise provided in Section 49-7-257, an owner of property that has been seized pursuant to Section 49-7-103, 49-15-21(2) 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, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Mississippi Department of Wildlife, Fisheries and Parks, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(2) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence.

(3) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(4) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency.

SECTION 60. Section 49-7-255, Mississippi Code of 1972, is amended as follows:

49-7-255. (1) All other property which is forfeited under Sections 49-7-251 through 49-7-257, 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 deposited as follows:

(a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency.

(b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.

(2) All money which is forfeited under Sections 49-7-251 through 49-7-257 shall be divided, deposited and credited in the same manner as set forth in subsection (1) of this section.

(3) All property forfeited, deposited and credited to the Mississippi Department of Wildlife, Fisheries and Parks under Sections 49-7-251 through 49-7-257 shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Department of Wildlife, Fisheries and Parks upon appropriation by the Legislature.

(4) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:

(a) To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (1) of this section.

(5) Any state, county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property or money that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such state, county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (7) of this section.

(6) The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate for official purposes all property, other than money that has been forfeited to the Mississippi Department of Wildlife, Fisheries and Parks if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the Mississippi Department of Wildlife, Fisheries and Parks may purchase the interest of a bona fide lienholder, secured party, or other party who holds an interest so that such property can be released for use by the department.

The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate such property with money appropriated to the department for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the Mississippi Department of Wildlife, Fisheries and Parks is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (7) of this section.

(7) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

SECTION 61. Section 49-13-3, Mississippi Code of 1972, is amended as follows:

49-13-3. The word "quail" as used in this chapter is defined to mean all species of quail native to North America and coturnix quail.

As used in this chapter, a "pen-raised" quail is a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the Mississippi Commission on Wildlife, Fisheries and Parks.

SECTION 62. Section 49-13-7, Mississippi Code of 1972, is amended as follows:

49-13-7. A commercial quail breeder's license must first be obtained from the Mississippi * * * Commission on Wildlife, Fisheries and Parks, or its agents. Such license shall be applied for each year and shall be valid from April 1 to March 31 next following, upon payment of Twenty-five Dollars ($25.00) for each such license. Such license must bear a number as designated by the Mississippi Commission on Wildlife, Fisheries and Parks, and shall be conspicuously exhibited at all times at the place where quail are bred.

SECTION 63. Section 49-13-9, Mississippi Code of 1972, is amended as follows:

49-13-9. The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the Mississippi Department of Wildlife, Fisheries and Parks. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.

SECTION 64. Section 49-13-17, Mississippi Code of 1972, is amended as follows:

49-13-17. In case of the resale or disposition of quail carcasses originally purchased or received from a licensed quail producer and in turn sold or donated by another person, a record of each subsequent change of ownership must be made. The following information must be recorded by the present owner about the owner who receives the quail: name and address of the person or business to which the quail carcasses were transferred, the date of the transfer and the kind and number of quail transferred. The record of the quail transfer of ownership must be kept by the person or business selling or donating the quail for a period of one (1) year following the ownership transfer and shall, upon request, be available for inspection by a representative of the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 65. Section 49-13-19, Mississippi Code of 1972, is amended as follows:

49-13-19. Each person, firm or corporation, holding a commercial quail breeder's license shall keep permanent records in a suitable, permanently bound book of all birds' carcasses sold, to whom sold, the date of the sale, the address of the vendee or consignee and the number of carcasses sold, which record, as well as the premises of such licensed breeder, shall be subject to examination and inspection by any agent of the Mississippi Department of Wildlife, Fisheries and Parks or peace officer for violations of this chapter, without the issuance of any warrant upon displaying his credentials of authority to such breeder.

SECTION 66. Section 49-13-23, Mississippi Code of 1972, is amended as follows:

49-13-23. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Multiple violators of the provisions of this chapter shall be assessed fines near the maximum allowable limits. Also, multiple violators of the provisions of this chapter may, at the discretion of the Mississippi * * * Commission on Wildlife, Fisheries and Parks, have his commercial quail breeder's license suspended by operation of law for a period of one (1) year.

SECTION 67. Section 49-15-7, Mississippi Code of 1972, is amended as follows:

49-15-7. All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the Mississippi * * * Commission on Marine Resources.

SECTION 68. Section 49-15-45, Mississippi Code of 1972, is amended as follows:

49-15-45. (1) Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the Mississippi * * * Commission on Marine Resources in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such commission relating to such oyster reefs.

(2) Such municipality may, in its discretion, extend its corporate limits by continuing its boundaries at right angles to the shore line, into the waters of the Mississippi Sound or Gulf of Mexico or waters tributary thereto to any line within the boundaries of the State of Mississippi, and may, by ordinance spread upon its minutes, provide that all violations of such laws and ordinances regulating the catching, taking and transporting of oysters shall be violations of the municipal ordinances and punishable as such.

(3) In carrying out the provisions of this section such municipality may purchase, equip and maintain a suitable patrol boat and employ and pay the salaries of a crew to operate same and officers to enforce such laws and ordinances.

(4) Neither prosecutions nor convictions by such municipality shall bar further prosecution and conviction by the commission or its officers for the same offense.

(5) All fines collected by such municipality in enforcing the provisions of this chapter shall be paid into the general fund of the municipality and all costs and expenses incurred in connection with this chapter shall be paid out of the general fund of the municipality.

(6) Officers employed or deputized by the municipality to carry out the provisions of this section shall have the right to make arrests without warrant for any violations of the laws, ordinances or regulations referred to in subsection (1) hereof, committed in the presence or in the view of such arresting officer.

(7) Nothing herein contained shall be construed to authorize any municipality to adopt any ordinances regulating catching, taking or transporting oysters. The authority vested in such municipality under this section being limited to enforcement of statutes passed by the Legislature and ordinances and regulations adopted by the Mississippi Commission on Marine Resources.

SECTION 69. Section 49-15-69, Mississippi Code of 1972, is amended as follows:

49-15-69. (1) Any resident citizen of the State of Mississippi (a) who is not over sixteen (16) years of age; or (b) who is sixty-five (65) years of age or more; or (c) who has been adjudged to have a service-connected one hundred percent (100%) disability, shall not be required to purchase or possess a license or permit, except as provided by subsection (2) of this section, or to pay any fee or charge when fishing for or taking for personal, noncommercial use the following: (a) crabs, (b) shrimps, or (c) oysters.

(2) The Mississippi Commission on Marine Resources is hereby directed to promulgate and publish rules and regulations to implement the policy set forth in subsection (1) of this section. Such rules shall provide that persons exempted under subsection (1) of this section shall apply to the Mississippi Commission on Marine Resources for certification as to age or disability and shall be required to carry a certification card issued by said commission while engaged in taking above-mentioned marine life.

SECTION 70. Section 49-27-7, Mississippi Code of 1972, is amended as follows:

49-27-7. The provisions of this chapter shall not apply to the following activities, areas and entities:

(a) The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the state, acting to protect the public health;

(b) The conservation, repletion and research activities of the Commission on Marine Resources, the Mississippi Gulf Coast Research Laboratory, the Commission on Wildlife, Fisheries and Parks, and the Mississippi-Alabama Sea Grant Consortium when acting through the Mississippi Universities Marine Center;

(c) Hunting, erecting duck blinds, fishing, shellfishing and trapping when and where otherwise permitted by law;

(d) Swimming, hiking, boating or other recreation that causes no material harm to the flora and fauna of the wetlands;

(e) The exercise of riparian rights by the owner of the riparian rights, if the construction and maintenance of piers, boathouses and similar structures are constructed on pilings that permit a reasonably unobstructed ebb and flow of the tide. The riparian owner may reasonably alter the wetland at the end of his pier in order to allow docking of his vessels;

(f) The normal maintenance and repair of bulkheads, piers, roads and highways existing on the date of enactment of this chapter, and all interstate highways planned but not yet under construction; and financed in part by Federal Interstate Highway Trust Funds;

(g) Wetlands developed in the future by federal, state or county governments for the establishment of a superport or a pipeline buoy terminal for deep-draft, ocean-going vessels, including but not limited to, wetlands adjacent to Petit Bois Island and the Bayou Casotte Channel in Jackson County, Mississippi;

(h) The Biloxi Bridge and Park Commission, Biloxi Port Commission, Long Beach Port Commission, Pass Christian Port Commission, Pascagoula Port Commission, and any municipal or local port authorities;

(i) Wetlands used under the terms of the use permit granted by Chapter 395, Laws of 1954;

(j) Any activity affecting wetlands that is associated with or is necessary for the exploration, production or transportation of oil or gas when such activity is conducted under a current and valid permit granted by a duly constituted agency of the State of Mississippi;

(k) Activities of any mosquito control commission which is a political subdivision or agency of the State of Mississippi;

(l) The Fisherman's Wharf to be constructed in Biloxi and the Buccaneer State Park to be constructed in Hancock County, both by the Mississippi Department of Wildlife, Fisheries and Parks;

(m) Wetlands conveyed by the state for industrial development thereon pursuant to Section 211, Mississippi Constitution of 1890, and pursuant to Section 29-3-61, Mississippi Code of 1972;

(n) The activities of the Hancock County Port and Harbor Commission affecting wetlands within its jurisdiction;

(o) The activities of the Harrison County Development Commission affecting wetlands within its jurisdiction;

(p) The activities of the Jackson County Port Authority affecting wetlands within its jurisdiction;

(q) The activities of the Mississippi State Port at Gulfport affecting wetlands within its jurisdiction; and

(r) In the case of regulated activities which, in the judgment of the director or his delegate, after an on-site inspection, have no harmful impact on the environment and which make no substantial change in the wetlands, the director may issue a certificate of waiver, and no permit shall be required.

All parties or agencies exempt from the regulatory provisions, whether by name or reference, when carrying out what would otherwise be regulated activities in coastal wetlands shall at all times adhere to the policy as set forth in Section 49-27-3, and each agency shall further advise the council of all such activities so that the council may be fully advised of all activities in the coastal wetlands.

SECTION 71. Section 51-9-107, Mississippi Code of 1972, is amended as follows:

51-9-107. All powers of the district shall be exercised by a board of directors, to be composed of the following:

(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the board of directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition the board of supervisors of each county which becomes a part of the district shall appoint one (1) additional member.

(b) The Department of Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, Forestry Commission and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Pearl River Valley Water Supply District to serve at the pleasure of the respective board appointing him.

(c) Each director shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.

(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41.

(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on said bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.

SECTION 72. Section 51-9-127, Mississippi Code of 1972, is amended as follows:

51-9-127. (1) The board of directors of the district shall have the power to adopt and promulgate all reasonable regulations to secure, maintain, and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, to prevent waste of water or the unauthorized use thereof, and to regulate residence, hunting, fishing, boating, camping, circulation of vehicular traffic on land, the parking of such vehicles, and all recreational and business privileges in, along, or around any such reservoir, any body of land, or any easement owned by the district.

(2) All such regulations prescribed by the board of directors, after publication in a daily newspaper of statewide circulation and in a newspaper of general circulation in each county comprising the area of the district, shall have the full force and effect of law; and violation thereof shall be punishable by fine not to exceed One Thousand Dollars ($1,000.00), as may be prescribed in such regulations, or by imprisonment not to exceed fifteen (15) days, or both the amount of the fine and the term of the imprisonment, within the maximum limit set by this statute and within the maximum limit prescribed in such regulations, to be determined by the court.

All such rules and regulations so prescribed and the penalties fixed thereunder relating to hunting, fishing, and boating shall not conflict with, exceed, alter, or suspend any regulations, rules, or penalties prescribed by general statute or by the Mississippi * * * Commission on Wildlife, Fisheries and Parks; and all fines and penalties levied and collected under this article shall be remitted and accounted for in accordance with the general statutes relating thereto.

(3) In the event of a violation of any regulation adopted to prevent pollution of the waters in any reservoir owned by the district, or the threat of continuous violation thereof, the district shall have authority to sue for and obtain damages and other appropriate relief, including injunctive relief.

SECTION 73. Section 51-11-5, Mississippi Code of 1972, is amended as follows:

51-11-5. All powers of the Pearl River Basin Development District, hereinafter referred to in this chapter as the district, shall be exercised by a board of directors to be selected and composed as follows:

(a) The Department of Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Forestry Commission, and the State Board of Health of the State of Mississippi shall each appoint one (1) director to serve on the board of directors of the district, each such director to serve at the pleasure of the respective state agency appointing him but not to exceed a six-year term.

(b) The board of supervisors of each county which elects to become a member of the district shall appoint two (2) directors from that county, each of whom shall serve for a term of six (6) years or until his successor is appointed by the board of supervisors of that county and qualified. In making its initial appointment of directors, the board of supervisors of each member county shall appoint one (1) of its two (2) directors to serve for a term of three (3) years or until his successor is appointed and qualified.

(c) The Governor of the State of Mississippi shall appoint one (1) director residing within the district, who shall serve for a term of six (6) years or until his successor is appointed by the Governor and qualified.

(d) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.

(e) Each director shall receive a per diem in the amount as provided in Section 25-3-69 for attending each day's meeting of the board of directors and for each day spent in attending to the necessary business of the district and, in addition, he shall receive reimbursement for actual expenses, including travel expenses, as provided in Section 25-3-41.

(f) The board of directors shall annually elect from its number a president and vice president of the district and such other officers as, in the judgment of the board of directors, are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board of directors, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this chapter upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board of directors shall also appoint a secretary and a treasurer who shall be members of the board of directors, and it may combine those officers. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. Each such bond shall be payable to the State of Mississippi; the condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.

(g) A majority of the total membership of the board of directors shall constitute a quorum at a regular meeting, or at any special meeting duly called and held for a specific purpose. All business of the district shall be transacted by the affirmative vote of a majority of the total membership of the board of directors.

(h) The State Auditor of Public Accounts shall annually audit the books and records of the district and make a report thereof to the Governor and the Legislature.

SECTION 74. Section 51-11-9, Mississippi Code of 1972, is amended as follows:

51-11-9. (1) Within twenty (20) days after the passage of this chapter, the Department of Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Forestry Commission, and the State Board of Health of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in Section 51-11-5. These four (4) appointive members, upon taking the oath as provided, shall meet in the office of the Department of Environmental Quality in Jackson, Mississippi, within ten (10) days, and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to:

(a) The Governor;

(b) Executive officers of the Department of Environmental Quality, Mississippi Commission on Wildlife, Fisheries and Parks, Forestry Commission, and State Board of Health; and

(c) The president of the board of supervisors and the chancery clerk of each county which is part of the Pearl River Basin. After receipt of said resolution, each of the four (4) state agencies hereinabove named may adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may, at their next regular meeting or at any subsequent meeting, likewise adopt a resolution favorable or unfavorable to creating said district. All said resolutions adopted shall be certified by adopting body's secretary, clerk, or executive officer, and certified copies shall be filed with each state agency and political subdivision named in this section.

(2) The board of supervisors of any county which is part of the Pearl River Basin and which desires to become a member of the district shall, upon receipt of the certified resolution to be adopted by the four (4) initial directors, declare said board's intentions by adopting a resolution expressing its desire to have said district created and stating that its county desires to be a member thereof and that said board desires and intends to levy a special ad valorem tax not to exceed one-half (1/2) mill on all taxable property within said county for the use and benefit of the Pearl River Basin Development District, if and in the event that other funds of that county are not available and appropriated to pay for that county's required contribution to said district. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein. If within twenty-one (21) days after the date of the first publication of said resolution no petition signed by twenty per cent (20%) of the qualified electors of the county is filed with the board of supervisors requesting the calling of an election on the question of the county's participation in the district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as aforesaid, then the board of supervisors may proceed to have the county made a member of said district and to levy the special ad valorem tax not to exceed one-half (1/2) mill if and when required; but if within twenty-one (21) days after the date of the first publication of said resolution a petition is filed, signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county's becoming a member of the proposed district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as herein provided, then said election shall be held and conducted as now provided by law for such election. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the special ad valorem tax not to exceed one-half (1/2) mill as provided by this chapter, if required. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax, and no further election shall be so conducted until the lapse of two (2) years after the last election.

(3) Whenever an aggregate of six (6) counties shall have become members of the Pearl River Basin Development District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all the powers granted to it by statute; at which time the Governor shall appoint the four (4) (directors to be appointed by him.

(4) Any eligible county may become a member of the district subsequent to its creation, in the manner that the original counties became members. New member counties shall have the same power and authority and be entitled to equal consideration of the district's board of directors, not inconsistent with the purpose of this chapter.

SECTION 75. Section 51-11-19, Mississippi Code of 1972, is amended as follows:

51-11-19. (1) The board of directors of the district shall have the power to adopt and promulgate all reasonable regulations so as to secure, maintain, and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, to prevent waste of water or the unauthorized use thereof, and to regulate residence, hunting, fishing, boating, camping, circulation of vehicular traffic on land, the parking of such vehicles, and all recreational and business privileges in, along, or around any such reservoir, any body of land, or any easement owned by the district.

(2) All such regulations prescribed by the board of directors, after publication in a daily newspaper of statewide circulation and in a newspaper of general circulation in each county comprising the area of the district, shall have the full force and effect of law, and violation thereof shall be punishable by fine, not to exceed One Thousand Dollars ($1,000.00), as may be prescribed in such regulations, or by imprisonment, not to exceed fifteen (15) days, to be determined by the court, or both.

(3) In the event of a violation of any regulation adopted to prevent pollution of the waters in any reservoir owned by the district, or the threat of continuous violation thereof, the district shall have authority to sue for and obtain damages and/or other appropriate relief, including injunctive relief.

(4) All such rules and regulations so prescribed and the penalties fixed thereunder, by the authority of this section, shall not conflict with, exceed, alter, or suspend any regulations, rules, or penalties prescribed by general statute, by the Mississippi * * * Commission on Wildlife, Fisheries and Parks or the Mississippi State Board of Health * * *. All fines and penalties levied and collected under this chapter shall be remitted and accounted for in accordance with the general statutes relating thereto.

SECTION 76. Section 51-13-107, Mississippi Code of 1972, is amended as follows:

51-13-107. (1) Within twenty (20) days after the passage of this article, the Department of Environmental Quality, State Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and the Forestry Commission of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in Section 51-13-105. The four (4) appointive members, upon taking the oath as provided, shall meet in the Office of the Department of Environmental Quality in Jackson, Mississippi, within ten (10) days and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to: (1) each member of the Tombigbee Valley Authority as now constituted, (2) the Governor, (3) executive officers of the Department of Environmental Quality, Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and Forestry Commission, and (4) the president of the board of supervisors and chancery clerk of each county through which any part of the Tombigbee River or any of its tributaries lie. The four (4) state agencies herein named and the Tombigbee Valley Authority may, within ten (10) days from receipt of said resolution, adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may at their next regular meeting likewise adopt a resolution favorable or unfavorable to creating said district. All of said resolutions adopted shall be certified by its secretary, clerk, or executive officer and shall be filed with each state agency, political subdivision, or other agency named in Section 55-13-105.

(2) Every board of supervisors of those counties desiring to become members of the district, through which the Tombigbee River or any of its tributaries lie, shall, upon receipt of the certified resolutions mentioned in this section, declare said board's intentions by adopting a resolution expressing its desire to have said district created and to levy an ad valorem tax not to exceed one-half (1/2) mill on all the taxable property within the Tombigbee Watershed area of said county for the use and benefit of the Tombigbee River Valley Water Management District. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein, and if no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board requesting the calling of an election on the question of the county's participation in the district and the levying of the one-half (1/2) mill tax levy aforesaid, the board may proceed to have the county become a member of said district and to levy the one-half (1/2) mill tax levy but if, within twenty-one (21) days after the date of the first publication of said resolution, a petition signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county becoming a member of the proposed district and the levying of the one-half (1/2) mill tax as herein provided, is filed, said election shall be held and conducted as now provided by law for such elections. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the one-half (1/2) mill tax as otherwise provided by law. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax; and no further election shall be so conducted until the lapse of two (2) years after the last election.

(3) Whenever an aggregate of six (6) counties have become members of the Tombigbee River Valley Water Management District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all of the powers granted it by statute.

SECTION 77. Section 53-7-11, Mississippi Code of 1972, is amended as follows:

53-7-11. No later than ninety (90) days following the effective date of this section the commission shall promulgate proposed substantive and procedural rules and regulations pertaining to surface mining and reclamation operations to implement the provisions of this chapter. However, before adopting such rules and regulations, the commission shall hold a public hearing. Notice of the date, time, place and purpose of the hearing shall be given thirty (30) days prior to the scheduled date of the hearing as follows:

(a) By mail to all operators known by the commission to be actively engaged in surface mining;

(b) By mail to persons who request notification of such proposed regulations;

(c) By mail to the State Soil and Water Conservation Commission and to each of the local soil and water conservation districts;

(d) By mail to the Department of Environmental Quality, Mississippi Department of Wildlife, Fisheries and Parks, Mississippi Forestry Commission, Board of Trustees of the Mississippi Department of Archives and History, Mississippi Transportation Commission, Mississippi Commission on Wildlife, Fisheries and Parks, Mississippi Agricultural and Forestry Experiment Station and to any other state agency whose jurisdiction the commission feels the surface mining operations may affect; and

(e) To other interested parties by publication once weekly for three (3) consecutive weeks in at least three (3) newspapers having general circulation in the State of Mississippi. Any person shall be entitled to submit written comments or to appear and offer evidence at such public hearing. The commission shall consider all comments and relevant data presented at such hearing before promulgation and publication of permanent rules and regulations under this chapter.

SECTION 78. Section 53-7-29, Mississippi Code of 1972, is amended as follows:

53-7-29. (1) The commission shall file a copy of each application and notice of intent for public inspection with the chancery clerk at the county courthouse of the county where any and all portion of the mining is proposed to occur after deleting the confidential information according to Section 53-7-75.

(2) The commission shall immediately submit copies, excluding all confidential information, of the permit application or notice of intent to the State Soil and Water Conservation Commission, Mississippi Department of Wildlife, Fisheries and Parks, Mississippi Forestry Commission, Department of Environmental Quality, Board of Trustees of the Department of Archives and History, Mississippi Transportation Commission, Mississippi Commission on Wildlife, Fisheries and Parks, State Oil and Gas Board and the Mississippi Agricultural and Forestry Experiment Station, to any other state agency whose jurisdiction the commission feels the particular mining operation may affect and to any person who requests the notification thereof upon payment of a reasonable fee established by the commission. Each such agency shall review the permit application and notice of intent and submit, within thirty (30) days of receipt of the application, such comments, recommendations and evaluations as the agency deems necessary and proper based only upon the effect of the proposed operation on matters within the agency's jurisdiction. Such comments shall include an enumeration of permits or licenses required under the agency's jurisdiction. Such comments and recommendations shall be made a part of the record and one (1) copy shall be furnished to the operator.

SECTION 79. Section 53-7-45, Mississippi Code of 1972, is amended as follows:

53-7-45. (1) All applicants for a Class I permit and operators of a Class I operation requesting an amendment shall publish notice that the application or request for amendment has been filed, describing by name the specific type of application or request and setting forth the ownership, location and boundaries of the permit area sufficient so that the proposed or existing area of operation may be easily located by local residents, and the location where the application is available for public inspection. Such notice shall be placed in a newspaper of general circulation in the county of the proposed or existing operation one (1) time within ten (10) days after filing the application or request for amendment.

(2) Public hearings may be held at the office of the commission in Hinds County, Mississippi, or in the county in which the greater portion of the affected area is located, in the discretion of the commission. The commission shall give thirty (30) days' notice of the date, time and place of any such hearing to (a) the operator involved, (b) the local soil and water conservation districts, local governing bodies, the State Soil and Water Conservation Commission, the Department of Environmental Quality, the Mississippi Department of Wildlife, Fisheries and Parks, Mississippi Forestry Commission, Board of Trustees of the Mississippi Department of Archives and History, Mississippi Transportation Commission, Mississippi Commission on Wildlife, Fisheries and Parks, Mississippi Agricultural and Forestry Experiment Station and to any other state agency whose jurisdiction the commission feels the mining operation may affect, (c) the owners of record of all surface areas in the permit area and within five hundred (500) feet thereof, notifying them of the subject matter of such hearing, and (d) other interested parties by publication once weekly for three (3) consecutive weeks in the newspaper of general circulation in the county where such operation may be conducted or is being conducted. The last publication of such notice shall be not less than ten (10) days prior to the date of the hearing.

(3) The commission shall issue and furnish all of the parties to the administrative proceedings with its written findings based on the record, granting or denying the application in whole or in part and stating the reasons therefor, not later than thirty (30) days of said hearings.

(4) (a) Any party to the administrative proceedings whose interest is or may be adversely affected by any ruling, order, decision or other act of the commission may appeal by filing a petition in the chancery court in the county in which the greater portion of the land in question is located.

(b) The petition must be filed within twenty (20) days after the date of the commission's action, or, in case of a ruling, order or decision, within twenty (20) days after its effective date.

(c) The court shall hear such complaint solely on the record made before the commission. The findings of the commission, if supported by substantial evidence on the record considered as a whole, shall be upheld.

(d) The court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings.

(e) The commencement of an appeal under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order or decision of the commission.

(f) Any action arising under this chapter shall be given precedence by the court.

SECTION 80. Section 53-7-49, Mississippi Code of 1972, is amended as follows:

53-7-49. (1) With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks, the commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining; provided that the commission shall develop rules and regulations to provide reasonable notice to prospective operators of areas which might be designated as unsuitable for surface mining. The commission may designate areas as unsuitable for surface mining lands when the commission determines:

(a) Such operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems;

(b) Such operations will affect renewal resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, such lands to include aquifers and aquifer recharge areas;

(c) Such operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property;

(d) Such operations will damage ecologically sensitive areas;

(e) Such operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park;

(f) Such operations would endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or

(g) The commission determines that reclamation pursuant to the requirements of this chapter is not feasible.

SECTION 81. Section 55-3-5, Mississippi Code of 1972, is amended as follows:

55-3-5. The Mississippi Department of Wildlife, Fisheries and Parks is authorized to survey, or cause to be surveyed, all areas of land owned by the state for the purpose of determining the adaptability of such areas for use as state parks, state forests and/or game and fish preserves to be developed for the control of stream flow and erosion, recreation, game and fish refuges or preserves, forest preserves, and for other similar uses.

SECTION 82. Section 55-3-11, Mississippi Code of 1972, is amended as follows:

55-3-11. The State Forestry Commission shall have the control and management of any and all forests or public parks set aside and dedicated as provided for in Section 55-3-7, and shall have authority to issue grazing or farming permits or leases on said parks, and to make sales of timber and other forest products of the soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks shall have the control and management of any and all lands set aside and dedicated for a fish and game refuge and/or preserve. The State Forestry Commission and the Mississippi Commission on Wildlife, Fisheries and Parks shall cooperate in the utilization of any lands so dedicated both for forestry and game and fish conservation purposes.

In the case of state forests and/or state parks the State Forestry Commission, and, in the case of fish and game preserves, the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby vested with authority to institute proceedings against trespassers and others in the name of the State of Mississippi, and to do all things necessary and proper to obtain the most complete and advantageous developments of state forests, parks, and fish and game preserves.

SECTION 83. Section 55-3-19, Mississippi Code of 1972, is amended as follows:

55-3-19. Where the federal government and the state government or any subdivision thereof are cooperating in the establishment of a major park and forest and game reserve, and where the property owners in the territory therein involved have agreed to convey as much as fifty percent (50%)of the area required for said purposes, the State Forestry Commission, together with the Mississippi Commission on Wildlife, Fisheries and Parks or any subdivision of the state, are hereby empowered to exercise the right of eminent domain in the manner now provided by law to obtain the necessary lands needed.

SECTION 84. Section 55-3-45, Mississippi Code of 1972, is amended as follows:

55-3-45. The Mississippi Commission on Wildlife, Fisheries and Parks may appoint for each state park a local advisory committee to furnish counsel and advice to the executive director and to park personnel concerning the operation and development of said park. The committee is to serve without pay.

SECTION 85. Section 55-3-49, Mississippi Code of 1972, is amended as follows:

55-3-49. The Mississippi Department of Wildlife, Fisheries and Parks through its executive director, shall inaugurate a positive program of preventive maintenance for all parks under its jurisdiction.

SECTION 86. Section 55-3-51, Mississippi Code of 1972, is amended as follows:

55-3-51. The Mississippi Department of Wildlife, Fisheries and Parks shall give due and careful attention to the proper development of historical sites designated within its jurisdiction. However, the commission and its director shall not accept for its supervision, control, responsibility or jurisdiction any historic sites hereafter offered to it without prior legislative approval.

SECTION 87. Section 55-3-57, Mississippi Code of 1972, is amended as follows:

55-3-57. Each employee of the Mississippi Department of Wildlife, Fisheries and Parks, when required by resolution of a majority of its commissioners, shall give a bond for the faithful performance of his duties as an employee of the commission, which bond shall be made payable to the State of Mississippi and shall be in the penal sum of One Thousand Dollars ($1,000.00). In case of forfeiture of any bond provided for herein, and recovery on same, the amount received shall go to the Mississippi Department of Wildlife, Fisheries and Parks, to be used by it in furtherance of the management and development of the state parks.

SECTION 88. Section 55-3-59, Mississippi Code of 1972, is amended as follows:

55-3-59. Any person violating any of the rules and regulations promulgated by the Mississippi Commission on Wildlife, Fisheries and Parks shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or be subject to imprisonment for not less than ten (10) days nor more than thirty (30) days, or shall be liable to both such fine and imprisonment in the discretion of the court.

SECTION 89. Section 55-3-63, Mississippi Code of 1972, is amended as follows:

55-3-63. There are hereby authorized to be established state parks to be under the jurisdiction of the Mississippi Department of Wildlife, Fisheries and Parks, on land to be provided for this purpose by the United States:

(a) On Sardis Lake in Panola County, Mississippi;

(b) On Sardis Lake in Lafayette County, Mississippi, reasonably close and accessible to the University of Mississippi near the Sardis Dam Reservoir on the south side of Sardis Lake; and

(c) On Enid Lake in Yalobusha County, Mississippi.

SECTION 90. Section 55-3-65, Mississippi Code of 1972, is amended as follows:

55-3-65. The Governor of the State of Mississippi is hereby authorized to enter into an indenture and agreement with the Tennessee Valley Authority as the agent of the United States of America whereby the State of Mississippi will acquire certain lands located in Tishomingo County, Mississippi, in the Pickwick Reservoir Area for use as a state park or parks, game management areas, and/or wildlife refuges. The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to establish, maintain and operate a state park or parks, game management areas, and/or wildlife refuges on said lands thus acquired.

The Mississippi Department of Wildlife, Fisheries and Parks is authorized to build a lodge or lodges, cabins, boating, recreational, camping, and any and all other facilities suitable or convenient for the purpose of establishing such a state park or parks, game management areas, and/or wildlife refuges not to be limited by the enumeration of purposes above. All state and local agencies of government are authorized to assist and cooperate with the commission for the purposes of this section.

SECTION 91. Section 55-3-67, Mississippi Code of 1972, is amended as follows:

55-3-67. There is hereby authorized to be established an historical monument near Meridian, Mississippi, in Lauderdale County, at the burial site of Samuel Dale, which area shall be under the jurisdiction of the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 92. Section 55-3-71, Mississippi Code of 1972, is amended as follows:

55-3-71. The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks is designated as the authorized representative of the State of Mississippi under the federal Land and Water Conservation Fund Act, and the executive director is hereby directed to utilize the plan specified in Section 55-3-69 in carrying out the authority vested in said office, it being the intention that any action taken by the authorized representative be pursuant to and in compliance with said plan.

SECTION 93. Section 55-3-73, Mississippi Code of 1972, is amended as follows:

55-3-73. The Mississippi Commission on Wildlife, Fisheries and Parks may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial records and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonable and necessary to enable such appropriate officials of the United States government and agencies thereof to perform their duties under such federal programs. In connection with obtaining for the State of Mississippi the benefits of any such program, the Mississippi Department of Wildlife, Fisheries and Parks shall coordinate its activities with and represent the interest of all agencies and departments of the state and of the municipal, county and other governmental units and subdivisions of the State of Mississippi having interest in the planning, development and maintenance of outdoor recreation resources and facilities within the state.

SECTION 94. Section 55-3-75, Mississippi Code of 1972, is amended as follows:

55-3-75. Projects may be undertaken only after the Mississippi Department of Wildlife, Fisheries and Parks has determined that sufficient funds are available for meeting the state's share of project costs.

SECTION 95. Section 55-3-77, Mississippi Code of 1972, is amended as follows:

55-3-77. The Mississippi Commission on Wildlife, Fisheries and Parks may enter into and administer agreements with the United States or any appropriate agency thereof for the planning, acquisition, or development of projects involving participating federal aid funds on behalf of any county, municipality or other governmental unit, provided that such county, municipality or other governmental unit gives necessary assurances to the Mississippi Department of Wildlife, Fisheries and Parks that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained at its expense for public outdoor recreation use.

SECTION 96. Section 55-3-79, Mississippi Code of 1972, is amended as follows:

55-3-79. There is hereby created a Mississippi Outdoor Recreation Fund. Any federal funds received under Sections 55-3-69 through 55-3-77 shall be deposited in the State Treasury and credited to the Mississippi Outdoor Recreation Fund for the purpose of carrying out the provisions of said sections. The funds in this account shall be disbursed by the Mississippi Department of Wildlife, Fisheries and Parks in the usual manner that state funds are disbursed.

SECTION 97. Section 55-5-61, Mississippi Code of 1972, is amended as follows:

55-5-61. The Mississippi Transportation Commission shall designate one (1) employee of the Transportation Department who is an engineer or who has engineering experience, and the Mississippi Commission on Wildlife, Fisheries and Parks shall appoint one (1) member of the Mississippi Department of Wildlife, Fisheries and Parks staff, who shall advise with and assist the commission in carrying out its functions and duties under Sections 55-5-51 through 55-5-63.

SECTION 98. Section 55-9-1, Mississippi Code of 1972, is amended as follows:

55-9-1. The board of supervisors of any county in which there are located, or in which there is a desire to locate, recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the board of supervisors of any county adjoining a county in which there are located, or in which there is a desire to locate, such recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the governing authority of any municipality having a population of thirty-five hundred (3500) or more located in any of said counties, are hereby empowered, in addition to all other powers given them by law, to (a) issue bonds for the purpose of securing money to build and equip recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, operating alone or as a unit, or in conjunction with the Mississippi Department of Wildlife, Fisheries and Parks or other agency of the State of Mississippi, and to (b) acquire by lease, purchase, eminent domain, donation, or otherwise, sites therefor. The county and the municipalities, or either of them, either with or without assistance from some agency of the State of Mississippi or the United States government, may enter jointly or separately into the construction of such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, and into the acquisition of sites therefor, from the sale of bonds issued separately by the counties and the municipalities for such purposes. Such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, or sites therefor, may be located on land owned by the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties or municipality or municipalities jointly, or to either of them, or may be located on lands owned by the United States Forestry Service. Any bonds issued hereunder by a county shall be subject to and compliance had with Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and any bonds issued hereunder by a municipality shall be subject to and in compliance with Sections 21-33-301 through 21-33-329, Mississippi Code of 1972.

Bonds issued under the provisions of this section may be full faith and credit bonds, and may be retired in whole or in part by the proceeds or a part of same earned by such recreational facilities or parks.

The governing authority of any such county or municipality without the issuance of bonds, or in addition to the issuance of bonds, may use any available surplus funds for constructing, equipping, maintaining and operating such recreational centers, stadiums, lakes, waterfowl or game management areas or parks.

SECTION 99. Section 55-15-1, Mississippi Code of 1972, is amended as follows:

55-15-1. (1) The Mississippi Department of Wildlife, fisheries and Parks shall be the Brice's Crossroads-Tupelo Battlefield Commission, and shall exercise the duties and responsibilities of the Brice's Crossroads-Tupelo Battlefield Commission * * *.

(2) The words "Brice's Crossroads-Tupelo Battlefield Commission" wherever they may appear in the laws of the State of Mississippi shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 100. Section 55-15-43, Mississippi Code of 1972, is amended as follows:

55-15-43. (1) The Mississippi Department of Wildlife, Fisheries and Parks shall be the Confederate Monumental Park Commission, and shall exercise the duties and responsibilities of the Confederate Monumental Park Commission * * *.

(2) The words "Confederate Monumental Park Commission," wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 101. Section 55-17-1, Mississippi Code of 1972, is amended as follows:

55-17-1. (1) There is hereby authorized to be established the International Gardens of Mississippi which shall be situated in Copiah County, Mississippi, on lands selected by the Joint Legislative International Gardens Commission created by House Concurrent Resolution No. 61 of the 1970 Regular Legislative Session. The site chosen shall be purchased by and the International Gardens of Mississippi shall be developed and maintained with funds to be furnished by the county or counties involved.

The Mississippi Department of Wildlife, Fisheries and Parks shall, in the development of said gardens, abide by the intent of House Concurrent Resolution No. 121 of the 1968 Regular Legislative Session, the intent and recommendations and reports of the Joint Legislative International Gardens Commission, and the final report concerning the proposed gardens as prepared by Mississippi State University for the Legislature wherever reasonable, practical and possible.

(2) The Mississippi Department of Wildlife, Fisheries and Parks may accept financial aid from the United States government, foundations, organizations, and public and private corporations unless expressly forbidden by the laws of the State of Mississippi. Aid, assistance, advice and gifts may be accepted from foreign nations or other states of the United States.

However, until completion of the improvements to the existing state parks designated in House Bill 660, Regular Session of 1972, no funds made available to the State of Mississippi under the Federal Land and Water Conservation Act of 1965 shall be used in the International Gardens of Mississippi.

SECTION 102. Section 55-17-5, Mississippi Code of 1972, is amended as follows:

55-17-5. The Mississippi Commission on Wildlife, Fisheries and Parks shall * * * appoint, with the approval of the special advisory committee for the International Gardens of Mississippi, as established by Section 55-17-3, a Park Director of the International Gardens of Mississippi, who shall have administrative and supervisory authority of said gardens, under the general supervision and direction of the Mississippi Department of Wildlife, Fisheries and Parks.

SECTION 103. Section 57-11-19, Mississippi Code of 1972, is amended as follows:

57-11-19. The Mississippi Department of Wildlife, Fisheries and Parks, * * * the Mississippi Arts Commission, the Mississippi Department of Education, the Department of Human Services, the Mississippi Extension Service, the Mississippi Department of Agriculture and Commerce * * *, the Mississippi Department of Economic and Community Development, and the Mississippi Fair Commission may cooperate with the marketing council in carrying out the purposes of Sections 57-11-15 through 57-11-21.

SECTION 104. Section 57-15-9, Mississippi Code of 1972, is amended as follows:

57-15-9. The council, exercising its duties and responsibilities, shall also act in an advisory capacity to the Governor and all related state agencies, including the Board of Trustees of State Institutions of Higher Learning, the Gulf Coast Research Laboratory and the Universities Marine Center which are conducting oceanographic research. All state boards and agencies engaged in activities in the field of marine resources and technology shall utilize this commission as a clearinghouse on all present and future joint federal-state programs whether presently administered by an existing agency or not; to advise on the best programs available to the State of Mississippi for the development of its marine resources, and how to apply for, receive or hold any and all such authorizations, licenses and grants necessary and proper therefor; to advise on the utilization of all facilities in the State of Mississippi for marine research and development, such as the future maximum utilization of the NASA-Mississippi Test Facility, but not limiting the provisions of this chapter exclusively thereto; and to advise on all in-depth studies necessary to carry out the provisions of this chapter. This chapter shall not, however, abrogate the authority of the Mississippi * * * Commission on Marine Resources, the Board of Trustees of State Institutions of Higher Learning or the Gulf Coast Research Laboratory, the Universities Marine Center, or of the individual institutions under the board's control to apply for grants, and to carry out oceanographic research. Said council is hereby authorized to receive services, gifts, contributions, property and equipment from public and private sources to be utilized in the discharge of the council's functions, all to be done within the purview of this chapter.

SECTION 105. Section 59-21-25, Mississippi Code of 1972, is amended as follows:

59-21-25. (1) Fees for the award of certificates of number for original, transfer, renewal, livery, dealer and duplicate shall be as follows:

(a) Less than 16 feet........................$ 5.00

(b) 16 feet but less than 26 feet............$15.00

(c) 26 feet and over.........................$30.00

(d) Dealer number............................$25.00

(e) Duplicate................................$ 5.00

(2) All fees for numbers and renewal of number shall be payable to the Mississippi Department of Wildlife, Fisheries and Parks to be deposited by the department in the State Treasury in a special fund to be designated as the Fisheries and Wildlife Fund, which shall be disbursed upon the recommendation of the department as may be appropriated by the Legislature. The State Treasurer shall release to the department such sums as are required to defray all administrative costs of the boat registration fee division of the department and to improve the law enforcement capability of the department on the inland and marine waters of the State of Mississippi and as may be budgeted by the department for the purpose of paying the cost of the administration of this chapter for education on water safety, improvement of water safety and motorboating facilities in the state, and advertising and promoting the waterways of the state. Any and all revenue over and above the actual administrative cost of implementing this act shall be used to fund salaries of additional conservation officers in all eighty-two (82) counties.

SECTION 106. Section 65-1-37, Mississippi Code of 1972, is amended as follows:

65-1-37. The Mississippi Transportation Commission is hereby authorized and empowered to have the Mississippi Department of Transportation construct, repair and maintain the driveways and streets on the grounds of the universities and colleges under the jurisdiction of the Board of Trustees of the State Institutions of Higher Learning, state, and/or county supported junior colleges, the state hospitals, and institutions under the jurisdiction of the Board of Trustees of Mental Institutions, the Board of Trustees of the Columbia Training School and Oakley Training School, * * * the Mississippi Schools for the Deaf and Blind, and the Mississippi Department of Wildlife, Fisheries and Parks in the manner provided herein, including bypasses to connect said driveways and streets with roads on the state highway system, and the main thoroughfare running east and west through the grounds of the Mississippi Penitentiary, provided said institutions obtain the necessary rights-of-way, said institutions being hereby authorized so to do.

The Transportation Commission and the governing boards of said institutions shall enter into an agreement prior to undertaking any of the work mentioned in the first paragraph of this section, and said agreement shall be based on the Transportation Department's furnishing equipment, equipment operators, skilled labor, supervision, and engineering services, and the governing bodies of the aforementioned institutions shall furnish material, supplies and common labor. This agreement shall further provide for reimbursement of the Mississippi * * * Department of Transportation, in full, for the expenditures incurred in the construction, repair and maintenance of driveways and streets at the institutions hereinabove mentioned, such reimbursement to be made directly to the Mississippi Transportation Commission * * * from the institutions. Upon the execution of an agreement as set out herein, the Mississippi Department of Transportation may provide all the necessary engineering, supervision, skilled labor, equipment, and equipment operators to perform such work.

SECTION 107. Section 65-1-51, Mississippi Code of 1972, is amended as follows:

65-1-51. The Mississippi Transportation Commission may acquire by gift, purchase, or otherwise, and * * * have the Mississippi Department of Transportation improve and maintain strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to the state highway rights-of-way. The commission may acquire and have the Transportation Department develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.

The Transportation Commission, in its discretion, is hereby authorized to acquire by gift, purchase, or otherwise, including the exercise of eminent domain, public or privately owned wetlands and other lands suitable for creation as wetlands for the purpose of mitigating wetland losses and replacing those wetlands purchased and damaged or eliminated by development and use, on a basis not to exceed that required by the Federal Highway Administration as a condition for receiving federal aid funds, provided that some governmental agency agrees, without compensation, to accept title to the lands acquired and maintain such lands as wetlands in perpetuity. However, the commission shall replace those coastal wetlands purchased and damaged or eliminated by development and use on the basis required by the "Coastal Wetlands Protection Law" and regulations promulgated thereunder by the Mississippi Commission on Marine Resources.

SECTION 108. Section 75-27-7, Mississippi Code of 1972, is amended as follows:

75-27-7. The term "barrel" shall mean a unit of thirty-one (31) gallons. However, the term "barrel," when used in reference to seafood or parts thereof, shall be the measure defined by ordinance of the Mississippi * * * Commission on Marine Resources under authority of Sections 49-15-1 through 49-15-67, Mississippi Code of 1972. The term "ton" shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term "cord" shall mean the amount that is contained in a space of one hundred twenty-eight (128) cubic feet when such is ranked and well stowed.

SECTION 109. Section 89-19-7, Mississippi Code of 1972, is amended as follows:

89-19-7. (1) Any action to enforce a conservation easement may be brought by:

(a) An owner of an interest in the real property burdened by the easement;

(b) A holder of the easement;

(c) A person having a third-party right of enforcement; or

(d) The Attorney General of the State of Mississippi;

(e) The Mississippi Department of Wildlife, Fisheries and Parks; or

(f) A person otherwise authorized and empowered by law.

(2) This chapter does not, and shall not be construed to, affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. In such proceeding, the holder of the conservation easement shall be compensated for the value of the easement.

SECTION 110. Section 89-19-15, Mississippi Code of 1972, is amended as follows:

89-19-15. Whenever any instrument conveying a conservation easement is recorded after the effective date of this section, the clerk of the court recording it shall mail certified copies thereof, together with notice as to the date and place of recordation, to the Attorney General of the State of Mississippi and the Mississippi Department of Wildlife, Fisheries and Parks. The requirement that certified copies be mailed to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks shall be stated in any instrument which conveys a conservation easement after the effective date of this section. The holder of any conservation easement created prior to the date hereof wishing to qualify such easement for the benefits provided under this chapter shall provide to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks, within one (1) year after the effective date of this section, a certified copy of the instrument creating such easement, indicating the date and place of the recordation.

SECTION 111. Section 97-3-19, Mississippi Code of 1972, is amended as follows:

97-3-19. (1) The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:

(a) When done with deliberate design to effect the death of the person killed, or of any human being;

(b) When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual;

(c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies.

(2) The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:

(a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman. For purposes of this paragraph, the term "peace officer" means any state or federal law enforcement officer including but not limited to a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the State Tax Commission, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;

(b) Murder which is perpetrated by a person who is under sentence of life imprisonment;

(c) Murder which is perpetrated by use or detonation of a bomb or explosive device;

(d) Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;

(e) When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;

(f) When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felony;

(g) Murder which is perpetrated on educational property as defined in Section 97-37-17;

(h) Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official.

SECTION 112. This act shall take effect and be in force from and after July 1, 2000.