MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Constitution

By: Representative Bondurant, Robinson (84th)

House Concurrent Resolution 14

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY ADDING A NEW SECTION ESTABLISHING THE RIGHT TO HUNT, FISH AND TRAP WILDLIFE AND FISH AS A CONSTITUTIONAL RIGHT; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend the Mississippi Constitution of 1890 by adding a new section to read as follows:

     "Section ____.  (1)  Hunting, trapping and fishing and the

taking of wild animals, birds and fish are a valued part of our state's heritage and shall be preserved forever for the people.  Fish and wildlife management, including taking, is consistent with the state's duty to protect this heritage and to conserve wild animals, birds and fish.

     (2)  Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers and trappers.

     (3)  Hunting, fishing or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species.

     (4)  Any person who is licensed to hunt, fish or trap and who is adversely affected by a failure to comply with this section has a private cause of action to enforce this section.

     (5)  The right of the people to hunt, fish, trap and harvest game is subject only to such regulations and restrictions as the Legislature may prescribe by general law.

     (6)  It is the public policy of the state to promote the public and private acquisition, approval, construction and operation of shooting ranges and other facilities where persons may acquire and enhance their training and skills to hunt and harvest game safely, efficiently and humanely."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment establishes hunting, trapping and fishing and the taking of wild animals, birds and fish as a constitutional right subject only to such regulations and restrictions as the Legislature may prescribe by general law.  The amendment also promotes as state public policy the acquisition and operation of public and private shooting ranges and other facilities to enhance the training and skills of persons to hunt and harvest game."