MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Game and Fish

By: Representatives Eaton, Miles

AN ACT TO CREATE A BEAVER CONTROL BOUNTY PILOT PROJECT; TO AMEND SECTIONS 19-5-51, 49-7-201 AND 49-7-203, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. There is created a beaver control bounty pilot project in each congressional district. One (1) county in each congressional district may participate in the pilot project. A county wishing to participate shall provide Five Thousand Dollars ($5,000.00) which shall be matched by the state in order to cover the costs of the project. Funds provided in Section 49-7-201 shall be used to assist in the funding of the project. The soil and water conservation officer for the county shall administer the project.

(2) The bounty provided in Section 19-5-51 shall be paid to persons presenting the complete tail of a beaver to the county soil and water conservation officer.

SECTION 2. Section 19-5-51, Mississippi Code of 1972, is amended as follows:

19-5-51. Any board of supervisors may, in its discretion, by appropriate resolution spread upon its minutes, offer a bounty not to exceed Five Dollars ($5.00) for each nutria, beaver or bobcat destroyed, where such board finds and determines that nutria, beaver or bobcats are in such quantities that the preservation of trees and other properties requires such bounties to be offered. Upon presentation to the sheriff of the complete tail of a nutria, beaver or bobcat, the sheriff shall execute a receipt therefor. Upon filing of such receipt with the chancery clerk, the amount of such bounty may be allowed by the board of supervisors as are other accounts against the county.

There is further provided a bounty on beaver not to exceed Five Dollars ($5.00) for each beaver to be paid in the following manner: upon the presentation of the tail of any beaver, any conservation officer of the state shall issue a receipt in such form as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks to the person presenting such tail. The Mississippi Commission on Wildlife, Fisheries and Parks shall redeem such receipts by paying to such person a sum not to exceed Five Dollars ($5.00) for each such receipt as bounty. The redemption of such receipts shall be paid only from funds especially appropriated for this purpose and it is expressly provided that no such bounty shall be paid from any regular receipts, funds and appropriations of the Mississippi Commission on Wildlife, Fisheries and Parks.

For the purposes of carrying out the purposes of this section, the Mississippi Commission on Wildlife, Fisheries and Parks and the state forestry commission are authorized, empowered and directed, when requested by the board of supervisors or any property owner, to utilize funds, personnel and equipment under reasonable terms and conditions.

No bounty shall be paid when funds, personnel or equipment of the Mississippi Commission on Wildlife, Fisheries and Parks, the state forestry commission or the county are employed in capturing and killing such animals.

The bounty provided in this section shall be used for the purposes of Section 1 of House Bill No. , 1998 Regular Session.

SECTION 3. Section 49-7-201, Mississippi Code of 1972, is amended as follows:

49-7-201. (1) There is hereby established a beaver control program which shall be developed by the Beaver Control Advisory Board created in Section 49-7-203 administered by the Commission on Wildlife, Fisheries and Parks with the advice of the board or administered by a federal agency pursuant to an agreement with the commission for such purpose. The program shall be limited to the control or eradication of beavers only on private lands or public lands, excluding federally-owned lands but including lands whereupon easements are granted to a federal entity. The commission may employ such personnel as is necessary to implement its duties to administer the program and set the salary of such personnel subject to State Personnel Board guidelines.

(2) Any state, local or private funds available to the commission to fund the program shall be used to match federal funds available for such purpose. The commission may execute such agreements with any agency of the federal government as are necessary to obtain federal matching funds to finance the beaver control program.

(3) Nonfederal funds to help finance the program may be obtained by the commission from the following sources:

(a) Appropriations by the Legislature;

(b) Contributions from participating counties;

(c) Charges on participating landowners; and/or

(d) Contributions from any other sources for such purpose.

(4) (a) Any county in the state desiring to participate in the program during its fiscal year shall contribute Two Thousand Dollars ($2,000.00) for such purpose from any funds available in its general fund. Such county shall commit such funds to the program for the ensuing fiscal year by adopting and submitting a resolution to that effect on or before August 1 to the Commission on Wildlife, Fisheries and Parks. The commission shall establish the due date for the payment of contributions by counties.

(b) The sum of county contributions may be matched by nonfederal funds available to the state for the beaver control program.

(5) Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver control program.

(6) Funds provided by this section shall be used to carry out the purpose of Section 1 of House Bill No. , 1998 Regular Session.

SECTION 4. Section 49-7-203, Mississippi Code of 1972, is amended as follows:

49-7-203. (1) There is hereby created the Beaver Control Advisory Board which shall be composed of the administrative head of the Department of Wildlife, Fisheries and Parks, State Forestry Commission, Department of Agriculture and Commerce, State Highway Department and Mississippi State Cooperative Extension Services.

(2) The Executive Director of the Department of Wildlife, Fisheries and Parks shall be the chairman of the board and shall preside over meetings.

(3) The members of the board shall serve without compensation but shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.

(4) The board shall have the following duties and responsibilities:

(a) To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;

(b) To develop a beaver control program to be administered by the Commission on Wildlife, Fisheries and Parks or by a federal agency pursuant to an agreement with the commission for such purpose;

(c) To designate the areas of the state having the greatest need for beaver control or eradication and establish a list of priority areas on an annual basis;

(d) To recommend to the Commission on Wildlife, Fisheries and Parks such fees as may be necessary to charge participating landowners; and

(e) To function in an advisory capacity to the Commission on Wildlife, Fisheries and Parks regarding the implementation of the beaver control program.

(f) To assist in the implementation of Section 1 of House Bill No. , 1998 Regular Session.

SECTION 5. This act shall take effect and be in force from and after July 1, 1998.