2002 Regular Session
To: Game and Fish
By: Representative Nettles, Hudson, Moore (100th), Rushing
AN ACT TO AMEND SECTIONS 49-7-51 AND 49-7-53, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SALE, PURCHASE, POSSESSION AND TRANSPORTATION OF PRODUCTS OF DEER ANTLERS IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-51, Mississippi Code of 1972, is amended as follows:
49-7-51. (1) It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish, or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation. However, the skins and sinew of deer and products crafted, fashioned or made from deer antlers not in velvet may be bought and sold at any time in accordance with rules and regulations promulgated by the Commission on Wildlife, Fisheries and Parks. A violation of this subsection is a Class I violation and is punishable as provided in Section 49-7-141.
(2) Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141.
SECTION 2. Section 49-7-53, Mississippi Code of 1972, is amended as follows:
49-7-53. (1) It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.
(2) No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following:
(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and ten (10) days thereafter;
(c) Skins and sinew of deer and products crafted, fashioned or made from deer antlers not in velvet, in accordance with rules and regulations promulgated by the Commission on Wildlife, Fisheries and Parks; and
(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9.
(3) The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.
(4) A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41.
Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths.
(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.