MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Wildlife, Fisheries and Parks; Accountability, Efficiency, Transparency
By: Senator(s) Seymour, Whaley, McCaughn
AN ACT TO AMEND SECTION 49-4-3, MISSISSIPPI CODE OF 1972, TO REDEFINE "COMMISSION" TO MEAN THE MISSISSIPPI ADVISORY COMMISSION ON WILDLIFE, FISHERIES AND PARKS, WHICH SHALL OPERATE ONLY AS AN ADVISORY COMMISSION TO THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO AMEND SECTION 49-4-4, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS AS AN ADVISORY COMMISSION; TO AMEND SECTION 49-4-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL SERVE AT THE WILL AND PLEASURE OF THE GOVERNOR; TO AMEND SECTIONS 49-4-7, 49-4-13, 49-4-37, 49-4-39 AND 49-4-41, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 49-4-31, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-4-3, Mississippi Code of 1972, is amended as follows:
49-4-3. For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(b) "Commission" means the Mississippi Advisory Commission on Wildlife, Fisheries and Parks, which shall operate only as an advisory commission to the Department of Wildlife, Fisheries and Parks.
(c) "Executive director" means the chief officer of the department.
SECTION 2. Section 49-4-4, Mississippi Code of 1972, is amended as follows:
49-4-4. (1) There is hereby created the Mississippi Advisory Commission on Wildlife, Fisheries and Parks, to be composed of five (5) persons appointed by the Governor, with the advice and consent of the Senate, for a term of five (5) years. One (1) person shall be appointed from each congressional district. The initial terms of the members shall be one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) years. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be made from the respective congressional district for the unexpired term only.
(2) The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused.
(3) The commission shall
adopt rules and regulations governing times and places for meetings * * *. Any member who shall not attend
three (3) consecutive regular meetings of the commission shall be subject to
removal by a majority vote of the commission members.
(4) The members of the commission shall receive no annual salary but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.
The commission shall be composed of persons with a demonstrated history of involvement in at least one (1) of the matters of jurisdiction of the commission and whose employment and activities are not in conflict. All of the commissioners shall be an active outdoorsman holding a resident hunting or fishing license in at least five (5) of the ten (10) years preceding appointment. A member shall not have a record of conviction of violation of fish or game laws and regulations within five (5) years preceding appointment or a record of any felony conviction.
(5) The commission shall
have the power to * * * advise the executive director on the adoption,
amendment and repeal of such regulations and rules as may be
necessary for the operation of the department.
(6) The commission shall
have the power and authority to * * * advise the executive director on the issuance
of all licenses and permits under the jurisdiction of the department.
(7) In the furtherance of its duties and responsibilities, the commission may conduct hearings, gather testimony and perform other functions required to carry out its powers and duties as prescribed by statute.
(8) The commission shall
have * * * the
power * * * to
advise the executive director with respect to conserving, managing and
developing wildlife and fishery resources except for saltwater aquatic life and
marine resources under the jurisdiction of the Mississippi Commission on Marine
Resources.
SECTION 3. Section 49-4-6, Mississippi Code of 1972, is amended as follows:
49-4-6. (1) There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose principal office shall be located in Jackson, Mississippi.
(2) The department shall be
headed by an executive director who shall be appointed by the Governor. * * * The
Governor shall appoint the executive director * * *,
who shall serve at the will and pleasure of the Governor, with the advice
and consent of the Senate. The executive director may assign those powers and
duties as deemed appropriate to carry out the department's lawful functions. * * *
The executive director may be removed from office only by * * * the Governor's approval of the removal. * * *
(3) The executive director shall appoint heads, who will serve at the pleasure of the executive director.
(4) The executive director shall have the authority to organize the department as deemed appropriate to carry out the responsibilities of the department. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The executive director shall develop and implement a merit promotion system for all sworn law enforcement officers. Promotion to higher rank shall be based on an individual's merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995.
SECTION 4. Section 49-4-7, Mississippi Code of 1972, is amended as follows:
49-4-7. The * * * department may
establish and appoint advisory committees for Parks and Recreation and Wildlife
and Fisheries. The advisory committees shall aid the * * * department in formulating
policies, discussing problems and considering other matters related to these
areas as designated by the * * * department.
The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department.
The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.
SECTION 5. Section 49-4-13, Mississippi Code of 1972, is amended as follows:
49-4-13. Effective July 1, 1979, the executive director of the Department of Wildlife, Fisheries and Parks shall have the following powers and duties:
(a) To supervise and direct all administrative and technical activities of the department;
(b) To employ, * * * with the advice
of the commission, qualified professional personnel in the subject matter or
fields, and such other technical and clerical staff as may be required for the
operation of the department;
(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of wildlife, fisheries and parks;
(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;
(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to wildlife, fisheries and parks, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;
(f) In his discretion, to enter into an affinity relationship with a credit card issuer and to expend funds derived therefrom to improve wildlife management areas; and
(g) To carry out all
regulations and rules adopted by the * * * department and enforce all
licenses and permits issued by the * * * department.
SECTION 6. Section 49-4-37, Mississippi Code of 1972, is amended as follows:
49-4-37. (1) The
Department of Wildlife, Fisheries and Parks may establish and operate a fish
hatchery in North Mississippi at a site to be determined by the department with
the * * *
advice of the commission to enable the department to adequately stock
public lakes and streams in North Mississippi. For such purpose, the
department shall use those funds that are made available by any agency of the
state or federal government, an appropriation by the Legislature or any other
source. The department is designated as the governing authority of any such
fish hatchery and the operation and maintenance of the fish hatchery shall meet
the standards of the department and state law regarding the operation of a fish
hatchery. The department may accept funds from any source and those funds
shall be used to pay the maintenance, operational and administrative expenses of
the fish hatchery.
(2) The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land:
The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less.
All that land in the Northeast Quarter; north of a line starting at monument stamped "LA-42A"; and running northeasterly to a monument stamped "LA-43", Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less.
The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery.
(3) The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.
SECTION 7. Section 49-4-39, Mississippi Code of 1972, is amended as follows:
49-4-39. The commission may * * * advise the department concerning
hunting, fishing and wildlife viewing, guide and outfitter services. The
commission shall * * *
also advise the department concerning the following powers and duties of
the department:
(a) Prescribe the form and type of licenses;
(b) Establish fees for the types of licenses; the fee for guide services licenses not to exceed One Hundred Fifty Dollars ($150.00); the fee for outfitters licenses not to exceed Two Hundred Fifty Dollars ($250.00); and
(c) To exercise all powers and make any regulations necessary to regulate such services.
SECTION 8. Section 49-4-41, Mississippi Code of 1972, is amended as follows:
49-4-41. (1) (a) The Advisory
Commission on Wildlife, Fisheries and Parks shall * * * advise the department concerning
the regulation of the feeding of wild animals and game birds outside of
wildlife enclosures, and the department shall have plenary
authority in matters related to such feeding of wild animals and game birds.
(b) The authority to regulate feeding shall not apply to planted food plots and natural habitat management.
(c) The authority to regulate feeding under this section shall not apply to wildlife enclosures.
(2) The * * * department may take any
action it deems necessary and may use its emergency powers to prevent, control
or eradicate disease resulting from the feeding of wild animals and game birds.
(3) A violation of this
section or any regulation of the * * * department promulgated to
prevent, control or eradicate disease is a Class II violation and is punishable
as provided in Section 49-7-143.
SECTION 9. Section 49-4-31, Mississippi Code of 1972, is brought forward as follows:
49-4-31. (1) Upon notification by a duly authorized law enforcement officer of a death or injury that occurred by use of a weapon by any person engaged in hunting, a hunter safety officer of the department shall immediately initiate an investigation of the incident and shall submit a report to the executive director of the department. The executive director shall submit the report to the commission. If the commission determines there is probable cause to believe that the incident occurred as a result of culpable negligence on the part of the person causing the death or injury, the commission shall notify the district attorney of the circuit court district in which the incident occurred.
(2) A law enforcement officer may request that the person who causes serious bodily injury or death to another person by use of a weapon submit to a chemical test for determining the presence of alcohol or other drugs.
SECTION 10. This act shall take effect and be in force from and after July 1, 2022.