CONSERVATION CORNER

Law Passed To Protect Forest Landowners

by James L. Cummins

Problems that have plagued many Mississippi forest land owners in the past are now more likely to be prevented or resolved in the future. Measures have been passed by the 2004 Mississippi Legislature and recently signed into law by Governor Haley Barbour that are expected to deter timber theft crimes in Mississippi. Three major revisions in the law will allow investigators to more efficiently examine timber records in criminal cases, mandate restitution of stolen timber in convicted cases and require timely payment when timber is harvested.

"Steps made to pass this law will benefit landowners in Mississippi with provisions to speed up investigations and insure payment is received by landowners when timber is harvested," said Lester Spell, Commissioner of Agriculture. "I commend the leadership in the House and Senate Forestry Committees for the priority placed on these measures. This will be a permanent fix to the type of timber theft problems we've experienced in the past."

A division of the Mississippi Department of Agriculture and Commerce, the Mississippi Agriculture and Livestock Theft Bureau is the agency in Mississippi authorized to conduct timber and other agricultural related thefts in Mississippi. It consists of nine district investigators throughout the State. New provisions give specific authority to the Bureau to access and examine timber records for the purpose of criminal investigations that will, in turn, relieve individuals and businesses from civil liability in the dissemination of timber records for these purposes. The result of these changes will be speedier, more efficient investigations to resolve timber thefts.

Other changes in the law pertain to payment and recovery of timber value. Timber buyers are now required to pay landowners in a more timely manner, addressing past and current trends of obtaining landowner permission to harvest and refusing to pay. Buyers are now required to make payment within 30 days of harvest unless written consent from the landowner states otherwise. In all convicted cases, landowners will now be paid fair market value of the timber at the time of loss including other costs incurred by the victim as a result of the crime. Criminals will now be required to return full value of the timber back to landowners in addition to other penalties.

"Mississippi's forestry industry is valued at over $1 billion and is vital to the state's economy," Spell said. "The new theft laws will play a critical role in protecting the interests of Mississippi timber owners."

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi. Their web site is www.wildlifemiss.org.