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Mississippi Code, Title 49, Chapter 19
The Forest Harvesting Law

49-19-51. Title; cooperation of state agencies.
49-19-53. Forest harvesting law; legislative policy.
49-19-55. Trees to be left standing; cutting for naval stores.
49-19-57. Pine trees.
49-19-59. Hardwood trees.
49-19-61. Mixed pine and hardwood trees.
49-19-63. Seed trees.
49-19-65. Publicity; posting notices.
49-19-67. Sections inapplicable in certain cases.
49-19-69. Prior contracts.
49-19-71. Enforcement by forestry commission; injunction.
49-19-73. Cooperation of law enforcement officers.
49-19-75. Penalty for violation.

Section 49-19-51. Title; cooperation of state agencies.

Sections 49-19-51 to 49-19-75 shall be known as "The Forest Harvesting Law," and may be cited as such, and to effectively carry out the purposes of such sections all agencies of the state whose duty it is to encourage and apply its laws, including any and all boards, commissions, bureaus and other bodies, shall make such interpretation and applications as will most nearly comply with the intent and purposes set forth in section 49-19-53.

SOURCES: Codes, 1942, Sec. 6046-11; Laws, 1944, ch. 240, Sec. 2.

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Section 49-19-53. Forest harvesting law; legislative policy.

It is hereby recognized that only a small proportion of the privately owned forest land in the State of Mississippi is now managed in accordance with sound forestry practices; that there is waste, inefficiency and wanton destruction of the forest lands in the harvesting of forest products and the utilization of forest lands; that such conditions are resulting in serious economic and social loss and that it is hereby recognized that state regulation of harvesting of forest products and the utilization of forest lands in the state is essential to promote health, safety and general welfare of the people of the state. It is, therefore, declared to be the public policy of the State of Mississippi and the purposes of sections 49-19-51 to 49-19-75 to encourage better management of forest lands; to increase the efficiency in the harvesting of forest products and utilization of forest lands; to preserve the tax base represented by forests and forest lands; to preserve and develop forest lands for the equal and guaranteed use for future generations; to preserve and protect the forest resources and the continuous growth of timber on lands suitable therefor; to insure an adequate supply of forest products at all times; to prevent soil erosion and consequent silting of stream channels and reservoirs; to protect watersheds and reservoirs and to insure at all times an adequate supply of water of the forest quality; to preserve and insure for all times adequate habitats for wild life; to preserve scenic beauty and to insure adequate facilities for outdoor recreation for public use; and to reduce forest fire hazards and encourage private ownership, economic management and scientific development of forest lands.

SOURCES: Codes, 1942, Sec. 6046-10; Laws, 1944, ch. 240, Sec. 1.

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Section 49-19-55. Trees to be left standing; cutting for naval stores.

No person, firm, partnership, association, or corporation shall work, contract to work, authorize, direct or assist in the working of new faces for naval stores purposes on trees less than ten inches in diameter unless there is left unfaced or untapped on each acre of forest land being worked one hundred (100) or more well distributed trees four inches or more in diameter, or at least four (4) seed trees of ten inches or more in diameter.

SOURCES: Codes, 1942, Sec. 6046-12; Laws, 1944, ch. 240, Sec. 3.

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Section 49-19-57. Pine trees.

(a) No person, partnership, firm, association or corporation shall cut, authorize, direct or assist in the cutting for commercial purposes any pine trees unless there is left standing on each acre of forest land being harvested at least four pine seed trees of ten inches or more in diameter, except as hereinafter provided.

(b) No person, partnership, firm, association, or corporation shall cut, contract to cut, authorize, direct or assist in the cutting for commercial purposes any pine trees under ten inches in diameter unless there is left standing on each acre of forest land being harvested, one hundred (100) or more well distributed pine trees four inches or more in diameter or at least four pine seed trees of ten inches or more in diameter. However, an operator may submit to the enforcing agency an acceptable plan of management which will assure continued productivity of the area to be harvested in lieu of the above provisions.

SOURCES: Codes, 1942, Sec. 6046-13; Laws, 1944, ch. 240, Sec. 4.

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Section 49-19-59. Hardwood trees.

(a) No person, partnership, firm, association, or corporation shall cut, contract to cut, authorize, direct or assist in the cutting for commercial purposes any hardwood trees unless there is left standing on each acre of forest land being harvested at least six hardwood trees of ten inches or more in diameter of the commercial species being harvested, except as hereinafter provided.

(b) No person, partnership, firm, association, or corporation shall cut, contract to cut, authorize, direct, or assist in the cutting for commercial purposes any hardwood trees under ten inches in diameter unless there is left standing on each acre of forest land being harvested one hundred (100) or more well distributed hardwood trees of four inches or more in diameter or at least six hardwood seed trees of ten inches or more in diameter of the commercial species being harvested.

SOURCES: Codes, 1942, Sec. 6046-14; Laws, 1944, ch. 240, Sec. 5.

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Section 49-19-61. Mixed pine and hardwood trees.

Where timber is to be harvested for commercial purposes on forest lands containing a mixed stand of pine and hardwood timber, no person, partnership, firm, association or corporation shall cut, contract to cut, authorize, direct or assist in cutting of any timber from such lands unless there is left standing on each acre of land at least four pine seed trees of ten inches or more in diameter of the commercial species being harvested along with at least two hardwood seed trees of ten inches or more in diameter of the commercial species which is being harvested. In the event that pine trees predominate in such mixed stands, and it is desired that pine trees less than eight inches in diameter are to be harvested, section < href="#49-19-57">49-19-57 shall rule. On lands classified as mixed stands of pine and hardwood there shall be no limitations on the amount or size of the hardwood trees harvested.

SOURCES: Codes, 1942, Sec. 6046-15; Laws, 1944, ch. 240, Sec. 6.

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Section 49-19-63. Seed trees.

All trees left for seed trees in compliance with the provisions of sections 49-19-51 to 49-19-75 shall be thrifty trees of desirable species with well formed crowns, uninjured from tapping, cutting or logging operations and as well distributed over the acre as may be possible. No seed tree left standing subsequent to the provisions of the aforementioned sections shall be cut except for clearing land for actual cultivation until other trees of the same species and in sufficient numbers as required by this act for seed trees have grown to be of eight inches or more in diameter. For the purpose of such sections three diameter measurements shall be taken outside of the bark and twelve inches above the ground for pine trees, and above the swell for hardwood trees. Black Jack and scrub oak shall not be considered as seed trees.

SOURCES: Codes, 1942, Sec. 6046-16; Laws, 1944, ch. 240, Sec. 7.

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Section 49-19-65. Publicity; posting notices.

It shall be the duty of the state forestry commission to give general publicity throughout the state to sections 49-19-51 to 49-19-75 and post notices covering such sections in at least three public places in each county, one of which shall be posted on the bulletin board at the front door of the courthouse in each of the counties.

SOURCES: Codes, 1942, Sec. 6046-22; Laws, 1944, ch. 240, Sec. 13.

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Section 49-19-67. Sections inapplicable in certain cases.

Sections 49-19-51 to 49-19-75shall not apply to nor shall it prohibit the clearing of land for bona fide use in crop production, nor the clearing of land for pasture purposes where such pasture is enclosed with a standard wire fence of two or more strands, nor to the clearing for building sites, right-of-ways for roads, power or communication lines or similar uses; nor shall such sections apply to individuals cutting timber from their own lands for their own personal use where there is no sale, commercial gain or profit involved, nor those special cases where permission is obtained in writing from the state forestry commission for the emergency removal of storm or disease damaged timber.

SOURCES: Codes, 1942, Sec. 6046-17; Laws, 1944, ch. 240, Sec. 8.

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Section 49-19-69. Prior contracts.

The provisions of sections 49-19-51 to 49-19-75 shall not apply to nor affect any valid timber cutting contract made and entered into prior to the approval of said sections.

SOURCES: Codes, 1942, Sec. 6046-21; Laws, 1944, ch. 240, Sec. 12.

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Section 49-19-71. Enforcement by forestry commission; injunction.

It shall be the duty of the Mississippi Forestry Commission and its employees to enforce the terms and provisions of sections 49-19-51 to 49-19-75 and to that end said commission or its employees are hereby authorized to enter upon any and all forestry lands to make such inspection and investigation as may be necessary for the proper enforcement of said sections and, in addition to the other remedies, conferred by such sections or other laws of the state the forestry commission is hereby authorized to enter suit on behalf of the state to enjoin any person, partnership, firm, association, or corporation from violating any of the terms and provisions of such sections and in such suits the commission shall not be required to give bond, and the said commission is also authorized to employ inspectors and such other help as may be necessary for the effective carrying out of the intent and purposes of such sections.

SOURCES: Codes, 1942, Sec. 6046-18; Laws, 1944, ch. 240, Sec. 9.

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Section 49-19-73. Cooperation of law enforcement officers.

In order to more adequately enforce the provisions of sections 49-19-51 to 49-19-75, it is hereby made the duty of each sheriff, constable, conservation officer, district attorney and county prosecuting attorney to make, from time to time, inquiry as to any violation of sections 49-19-51 to 49-19-75 and to promptly report any violation to the state forestry commission and further to assist the commission, its officers and employees in enforcing any of the provisions of the aforesaid sections and in prosecuting any violations thereof. It shall be the duty of the various circuit judges at each convening of the grand jury to call the grand jurors' attention to such sections and to charge them to fully investigate any violations thereof.

SOURCES: Codes, 1942, Sec. 6046-19; Laws, 1944, ch. 240, Sec. 10; 1974, ch. 569 Sec. 21, eff from and after passage (approved April 24, 1974).

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Section 49-19-75. Penalty for violation.

The unit for checking compliance is here defined as 40 acres or fraction thereof being harvested or worked and any person, partnership, firm, association, or corporation who violates any of the terms, or provisions of sections 49-19-51 to 49-19-75 shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $25.00 and not more than $50.00 for each separate offense; and the working or harvesting of a unit of 40 acres or fraction thereof of forest lands on which 10% or more of the area worked or harvested is in violation of the aforesaid sections shall constitute a separate offense hereunder.

SOURCES: Codes, 1942, Sec. 6046-20; Laws, 1944, ch. 240, Sec. 11.

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