Endangered Species - Listing Authority and Process - Mississippi

(a) On the basis of investigations on nongame wildlife provided for in Section 49-5-107 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than one (1) year after July 1, 1974 the commission shall by regulation propose a list of those species and subspecies of wildlife indigenous to the state which are determined to be endangered within this state, giving their common and scientific names by species and subspecies. Such regulation shall become effective sixty (60) days after being proposed during which period public comment shall be solicited and received. The Commission may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing, the commission may add to such proposed list additional species or subspecies which are determined to be endangered within the state or delete therefrom such species or subspecies which are determined not to be endangered within the state.

(b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter and may amend the list by such additions or deletions as are deemed appropriate. The commission shall submit to the Governor a summary report of the data used in support of all amendments to the state list during the preceding biennium...

(d) In the event the United States' List of Endangered Native Fish and Wildlife is modified subsequent to July 1, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding under subsection (c) if, after the type of scientific determination described in subsection (a), the commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.

Citation: Miss. Code Ann. § 49-5-109.

(a) The commission shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the commission shall issue proposed regulations and develop management programs, designed to insure the continued ability of nongame wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife which the commission deems in need of management pursuant to this section, giving their common and scientific names by species and subspecies. The commission shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting species or subspecies of nongame wildlife.

(b) The commission shall by such regulations establish proposed limitations relating to taking, possession, transportation, exportation, processing, purchasing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife. Such regulation shall become effective sixty (60) days after being proposed during which period public comment shall be solicited and received. The commission may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing the commission may make such changes in the proposed regulation as are consistent with effective management of nongame wildlife...

Citation: Miss. Code Ann. § 49-5-107.

The commission shall issue such regulations as are necessary to carry out the purposes of Sections 49-5-101 through 49-5-119.

Citation: Miss. Code Ann. § 49-5-113.