THE MISSISSIPPI LEGISLATURE

Introduction

During its 1994 Regular Session, the Legislature enacted Senate Bill 3079, which abolished the Department of Wildlife, Fisheries, and Parks' Bureau of Marine Resources. This legislation amended MISS. CODE ANN. Section 49-15-11 (1972) to vest the bureau's powers to manage, control, supervise, and direct any matters pertaining to saltwater aquatic life and marine resources under the jurisdiction of a new Mississippi Department of Marine Resources, effective July 1, 1994. One provision of the legislation specifically retained the powers, duties, employees, equipment, and resources for the marine law enforcement program in the Department of Wildlife, Fisheries, and Parks (DWFP).

The PEER Committee conducted a performance audit of the establishment of the new Mississippi Department of Marine Resources (MDMR) and its governing commission in response to legislative concerns over whether "the new department had been established in the most efficient and effective manner."

Implementation of Senate Bill 3079

To achieve the legislative objective for the review, the Committee specifically evaluated:

• the management actions of DWFP and MDMR personnel to separate functions formerly performed by DWFP employees;
• the MDMR staffing decisions to ensure that qualified individuals are assigned to or employed by MDMR, given the department's one-year exemption from State Personnel Board regulations; and,
• the impact of law enforcement being assigned to DWFP rather than MDMR.

Planning Process (page 8)

The former Director of the Bureau of Marine Resources, in concert with other DWFP executive staff members, did not implement the mandatory planning and reporting processes of MISS. CODE ANN. Section 5-11-3 (1972) in transferring the authority, responsibilities, and duties for marine resources from DWFP to MDMR.

MISS. CODE ANN. Sections 5-11-1 and 5-11-3 address the dissolution of a state agency/entity and the transfer of duties and property to another organization. Since Senate Bill 3079 abolished the Bureau of Marine Resources function in DWFP and replaced it with the new marine resources department, former Bureau of Marine Resources personnel should have complied with these sections by:

• developing task-based plans for the transfer which included a statement of management responsibilities;
• compiling an inventory of real or personal property through the Office of State Auditor;
• developing procedures and criteria governing the acquisition or disposition of any real or personal property under the control of, or titled to, the agency or agency facility abolished;
• devising security plans and policies, with written security procedures, governing access to any agency facility being abolished; and,
• preparing a written report to the Legislature and Governor within ninety days of the effective date of the act transferring the duties and property from one agency to another.

However, the DWFP Executive Director established and used an informal planning group to accomplish the transfer from the Bureau of Marine Resources to the new MDMR. This group discussed and made its planning decisions in individual, group, or agency staff meetings, but did not document the decisionmaking process.

The only requirement of Section 5-11-3 that was fulfilled during the transfer was the completed inventory of property, and that was accomplished primarily because of the scheduling of the State Auditor's regular inventory to coincide with the separation of the Bureau of Marine Resources from DWFP.

Thus the planning process produced a new state department which could not completely function as an effective independent state agency on its activation date of July 1, 1994. DWFP had to continue to provide technical support in the areas of data processing, financial management, and personnel management.

Staffing of the Department of Marine Resources (page 11)

The DWFP planning group properly organized and staffed MDMR with the personnel positions and skill levels in the necessary organizational divisions to accomplish the statutory provisions of Senate Bill 3079.

Senate Bill 3079 gave the MDMR Executive Director the authority to reorganize the department internally, and in order to provide the flexibility for reorganization, Senate Bill 3079 exempted MDMR from State Personnel Board control from July 1, 1994, through June 30, 1995.

MDMR began operations on July 1, 1994, with thirty-six authorized and funded positions in three divisions under the Commission on Marine Resources, the MDMR Executive Director, and his executive support staff. As of November 1, 1994, eighteen of these positions were vacant and eighteen were filled with individuals the State Personnel Board had certified as meeting the minimum qualifications for their positions.

MDMR's operational efficiency could be hindered if authorized personnel positions remain vacant for a significant length of time. The department's voluntary compliance with the State Personnel Board's policies and procedures during the one-year exemption should help to ensure the employment of qualified individuals.

DWFP retained the twenty-eight Bureau of Marine Resources law enforcement positions, since its Office of Law Enforcement retained the authority and responsibility for marine law enforcement.

Marine Law Enforcement (page 12)

As noted earlier in this report, MISS. CODE ANN. Section 49-15-21 (1972) specifically retained the powers, duties, employees, equipment, and resources for the marine law enforcement program in the Department of Wildlife, Fisheries, and Parks. DWFP presently has thirty sworn officers and two administrative personnel to enforce marine laws in the three Gulf Coast counties.

Although authority to enforce marine laws and regulations resides in a separate department from MDMR, the Legislature created formal communication and coordination points between DWFP, MDMR, and the Gulf Coast Research Laboratory. Theoretically, this arrangement should be able to provide the communication and coordination necessary to implement the living natural resource programs of the Gulf Coast area.

Because the department has been in existence for only six months, DWFP and MDMR could not provide sufficient data with which to determine the impact of the Department of Wildlife, Fisheries, and Parks' implementation of the marine law enforcement function. No established standards exist with which to measure the impact of DWFP's enforcement of marine resources laws and regulations. However, it is imperative that the Commission/Department of Wildlife, Fisheries, and Parks and the Commission/Department of Marine Resources work together, yet within their given areas of jurisdiction, because of their common interest in natural resource programs of the Gulf Coast area.

Recommendations (page 15)

1. In future legislation which either repeals or amends an agency's enabling legislation, the Legislature should include a provision which specifically requires agencies to comply with the transition planning and reporting processes in MISS. CODE ANN. Sections 5-11-1, -3, and -5 (1972), when applicable.
2. Beginning April 1, 1995, the Commission on Marine Resources; the Commission on Wildlife, Fisheries, and Parks; their executive directors; and the Technical Advisory Committee should hold a joint meeting at least twice a year to discuss the entities' relationships and responsibilities for marine resources program management and enforcement.
3. The MDMR Executive Director should request the State Department of Audit to conduct a complete financial audit of the abolished Bureau of Marine Resources and the newly created MDMR no later than June 30, 1995.
4. The Commission on Marine Resources and the Technical Advisory Committee should jointly establish specific roles for the committee which will make it an effective resource for achieving the necessary interagency communication and coordination.
5. By December 31, 1996, PEER could conduct a performance audit of DWFP and MDMR to assess their effectiveness and efficiency in accomplishing their statutory missions for state marine resources.

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