Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Mississippi

West's Annotated Mississippi Code. Title 49. Conservation and Ecology. Chapter 1. General Provisions; Chapter 5. Fish, Game and Bird Protection and Refuges

Statute Details
Printable Version
Citation: MS ST 49-1-39; MS ST 49-5-7

Citation: MS ST 49-1-39; Miss. Code Ann. 49-5-7


Last Checked by Web Center Staff: 01/2013

Summary:  

Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act. The law was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species) and its young. While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law.  For discussion of federal Eagle Act, see Detailed Discussion.



Statute in Full:

§ 49-1-39. Killing animals or birds injurious to agriculture; exception as to migratory birds

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

CREDIT(S)

Laws 1932, Ch. 123, § 9; Laws 1970, Ch. 280, § 1, eff. from and after passage (approved April 3, 1970). Amended by Laws 2000, Ch. 368, § 1, eff. from and after passage (approved April 17, 2000).

 

§ 49-5-7. Birds protected; exceptions

(1) No wild bird other than a game bird or introduced pheasants which are hereby classified as domestic fowl shall be pursued, taken, wounded, killed, captured, possessed or exported at any time, dead or alive. No part of the plumage, skin or body of any bird protected by this section or of any birds coming from without the state, the importation of which is prohibited into the United States, shall be sold or had in possession for sale in this state.

No person shall molest, take or destroy or attempt to molest, take or destroy the nests or eggs of any wild bird, or have such nests or eggs in his possession, except under the authority of a permit duly issued for scientific purposes.

(2) This section shall not apply to game birds for which there is an open season under state law or introduced pheasants; birds, or parts thereof collected or possessed under the authority of a certificate duly issued for scientific purposes; or to the English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer's blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or to the nests or eggs of such unprotected birds. Nor shall anything contained in this section prohibit any person on his own land or land under his control from killing or controlling any English sparrow (Passer domesticus), red-winged blackbird (Agelaius phoeniceus), rusty blackbird (Euphagus carolinus), Brewer's blackbird (Euphagus cyanocephalus), grackles (Quiscalus sp.), brown-headed cowbird (Molothrus ater), European starling (Sturnus vulgaris) or crows (Corvus sp.) or any bird by nature destructive of gardens, crops or property of any kind when such birds are committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock, or wildlife or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. This section does not authorize and shall not be construed to authorize the killing of any migratory birds protected by the Migratory Bird Treaty Act.

CREDIT(S)

Laws 1932, Ch. 123, §§ 28, 29; Laws 1948, Ch. 252, § 1; Laws 1970, Ch. 284, § 1; Laws 1971, Ch. 315, § 1, eff. from and after passage (approved February 8, 1971). Amended by Laws 2000, Ch. 368, § 2, eff. from and after passage (approved April 17, 2000); Laws 2001, Ch. 553, § 1, eff. from and after passage (approved April 7, 2001).

 



Top of Page
Share |