MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Constitution

By: Senator(s) Michel, Flowers, Dearing, Chaney, Davis, White, Mettetal, Gollott, Doxey, Jackson (15th), King, Williamson, Pickering, Brown, Hyde-Smith, Morgan, Hewes, Kirby, Carmichael, Ross, Clarke, Cuevas, Nunnelee, Lee (35th), Little, Albritton

Senate Concurrent Resolution 540

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY ADDING A NEW SECTION ESTABLISHING THE RIGHT TO HUNT 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 __.  Hunting, trapping and fishing and the taking of wild game species are a valued part of our heritage and will be forever preserved for the people.  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.  Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds and fish.  Hunting, fishing or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species.  Any person who is licensed or exempt from licensure by state law or regulation to hunt, fish or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section.  The right of the people to hunt, fish, trap and harvest game shall be subject only to such regulations and restrictions as the Legislature may prescribe by general law.  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.

     This amendment shall be known as the "Sportsperson's Bill of Rights."

     BE IT FURTHER RESOLVED, That this amendment shall be submitted 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 law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed constitutional amendment for the ballot shall read as follows:  "This amendment makes hunting and fishing constitutional rights in Mississippi, subject to applicable laws and regulations."