A Guide to the Mississippi Nongame and Endangered Species Conservation Act Requirements, Process, and Compliance

The Mississippi Nongame and Endangered Species Conservation Act plays a crucial role in safeguarding the state's biodiversity and ensuring responsible development practices. This comprehensive guide offers a deep dive into the act's key provisions, regulatory standards, and compliance obligations, empowering professionals to navigate the complexities of endangered species protection with confidence. Discover the act's prohibited activities, explore its permitting requirements, and understand the consequences of non-compliance. Gain valuable insights into recent regulatory developments and stay ahead of the curve with a curated list of additional resources. By the end of this guide, readers will be equipped with the knowledge and tools necessary to effectively manage projects while promoting the conservation of Mississippi's most vulnerable wildlife species.

GENERAL INFORMATION

Key Details of the Mississippi Nongame and Endangered Species Conservation Act

Issuing Agency: Mississippi Department of Wildlife, Fisheries, and Parks

Year Established: 1974

Last Amended: 2005

Statutory Authority: Mississippi Nongame and Endangered Species Conservation Act of 1974¹

Primary Legal Reference: Mississippi Code Annotated Sections 49-5-101 through 49-5-119²

Overview of the Mississippi Nongame and Endangered Species Conservation Act

The Mississippi Nongame and Endangered Species Conservation Act is a state-level regulation that operates within the broader framework of federal wildlife protection laws, such as the Endangered Species Act of 1973. The state act aims to conserve, protect, and manage nongame wildlife species, particularly those that are endangered or threatened, within the state of Mississippi.

The Mississippi Department of Wildlife, Fisheries, and Parks is the primary state agency responsible for administering and enforcing the act. The act was first enacted in 1974 and has undergone several amendments, with the most recent significant changes occurring in 2005.

The act's main approach to achieving its conservation goals is through the listing of endangered and threatened species, the protection of critical habitats, and the regulation of activities that may harm these species or their habitats. The act applies to all lands and waters within the state of Mississippi, and it covers all native wildlife species not classified as game animals, game birds, or game fish.

What does the Mississippi Nongame and Endangered Species Conservation Act protect?

The Mississippi Nongame and Endangered Species Conservation Act protects nongame wildlife species, which are defined as all native species of wild mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, and other invertebrates that are not classified as game animals, game birds, or game fish³. The act provides special protection for endangered and threatened species, which are those species facing extinction or likely to become endangered within the foreseeable future⁴. The act protects these 'species by prohibiting the taking, possession, transportation, exportation, processing, sale, or offer for sale of any endangered or threatened species⁵. It also allows for the designation and protection of critical habitats essential for the conservation of these species⁶.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Mississippi Nongame and Endangered Species Conservation Act regulates activities that may impact threatened, endangered, or otherwise protected wildlife species in the state of Mississippi. This act applies to a wide range of industries and activities, including construction, land development, forestry, agriculture, and recreation.

Prohibited activities under the Mississippi Nongame and Endangered Species Conservation Act include:

1. Taking, possessing, transporting, exporting, processing, selling, or offering for sale any species listed as endangered or threatened under the act.
2. Modifying, degrading, or destroying the habitat of any listed species without proper authorization.
3. Engaging in any activity that may lead to the taking, harassment, or disturbance of listed wise, such as the operation of vehicles or equipment in sensitive areas.

These prohibitions are designed to protect vulnerable wildlife populations and preserve biodiversity in Mississippi. By restricting activities that may harm listed species or their habitats, the act aims to ensure the long-term survival and recovery of these species.

Structure and Key Provisions

§49-5-101. Short title

This section provides the official short title of the act, which is the "Mississippi Nongame and Endangered Species Conservation Act."

§49-5-103. Definitions

This section defines key terms used throughout the act, such as "endangered species," "threatened species," "take," and "habitat."

§49-5-105. Investigations by commission; regulations

This section authorizes the Mississippi Commission on Wildlife, Fisheries and Parks to conduct investigations and promulgate regulations necessary for the protection of nongame and endangered species.

§49-5-107. Endangered species list

This section requires the commission to establish a list of endangered and threatened species in the state and provides criteria for determining which species should be included on the list.

§49-5-109. Prohibitions

This section outlines the prohibited activities related to endangered and threatened species, including taking, possessing, transporting, selling, and harming listed species or their habitats.

When engaging in activities that may be subject to the Mississippi Nongame and Endangered Species Conservation Act, it is essential to consult the full text of the regulation and work closely with the Mississippi Commission on Wildlife, Fisheries and Parks to ensure compliance and obtain any necessary permits or authorizations.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Mississippi Nongame and Endangered Species Conservation Act establishes various standards and limitations to protect endangered and threatened species within the state. These may include restrictions on activities that could harm or disturb protected species, such as habitat modification, collection, or harassment ⁷. The act also sets performance standards for projects or activities that may impact protected species, requiring developers to implement measures to minimize and mitigate any adverse effects ⁸. These standards are typically implemented and enforced through a permitting process, where project proponents must demonstrate compliance with the act's requirements before receiving approval to proceed.

Monitoring, Reporting & Recordkeeping Obligations

Under the Mississippi Nongame and Endangered Species Conservation Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the act's standards and limitations and to track the status of protected species and their habitats ⁹. Developers and consultants should work closely with the Mississippi Department of Wildlife, Fisheries, and Parks to understand the specific monitoring and reporting requirements that apply to their projects, which may include regular surveys, impact assessments, and progress reports. Proper recordkeeping is also essential to demonstrate compliance and to facilitate agency review and oversight ¹⁰.

Enforcement Actions & Penalties

The Mississippi Department of Wildlife, Fisheries, and Parks is responsible for enforcing the provisions of the Mississippi Nongame and Endangered Species Conservation Act. In cases of violation, the agency may take various enforcement actions, such as issuing notices of violation, administrative orders, or pursuing civil or criminal penalties ¹¹. The severity of the enforcement action and the associated penalties will depend on factors such as the nature and extent of the violation, the potential harm to protected species, and the violator's history of compliance ¹². To avoid enforcement actions and ensure smooth project implementation, developers and consultants should prioritize proactive compliance and early engagement with the agency to address any concerns or issues that may arise.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Mississippi Nongame and Endangered Species Conservation Act has undergone several significant developments in recent years. In 2018, the Mississippi Legislature passed House Bill 1028, which amended the act to clarify the definition of "take" and to provide additional exemptions for certain activities, such as normal agricultural practices and the maintenance of existing infrastructure.¹³ This amendment aimed to provide greater regulatory certainty for landowners and developers while still protecting endangered species.

Another notable development occurred in 2020 when the Mississippi Supreme Court issued a decision in the case of Smith v. Mississippi Wildlife, Fisheries, and Parks Commission.¹⁴ The court held that the commission had the authority to designate critical habitat for endangered species on private property, even if the landowner objected. This decision reinforced the commission's power to protect endangered species and their habitats.

Looking ahead, the Mississippi Wildlife, Fisheries, and Parks Commission is currently considering a proposal to streamline the permitting process for activities that may impact endangered species.¹⁵ This proposal aims to reduce administrative burdens while still ensuring adequate protection for listed, compliance with the Mississippi Nongame and Endangered Species Conservation Act.

Additional Resources

U.S. Fish and Wildlife Service Endangered Species Act Overview: An overview of the federal Endangered Species Act, which provides important context for understanding state-level regulations like the Mississippi Nongame and Endangered Species Conservation Act.