MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Stringer, Nicholson, Bounds, Staples, Robinson (84th)
AN ACT TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE THE FEEDING OF WILD ANIMALS; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ALLOW THE TAKING OF DEER BY USE OF FEED; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ESTABLISH DEER MANAGEMENT ZONES; TO ESTABLISH ANTLER RESTRICTIONS WITHIN SUCH ZONES; TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO STUDY AND REPORT ON ANY BAITING PROGRAM AUTHORIZED BY THE COMMISSION; TO PROVIDE FOR THE REPEAL OF SUCH AUTHORITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) The Commission on Wildlife, Fisheries and Parks may establish deer management zones within the state.
(b) The commission may establish antler restrictions within the zones for the proper management of antlered deer.
(2) The antler restrictions in Sections 49-7-31 and 49-7-41 shall not apply to those zones with antler restrictions established by the commission.
(3) If the commission establishes deer management zones or establishes antler restrictions, the department shall study and analyze all relevant data and shall file annual progress reports with the Legislature. The department shall file a final report on the effectiveness of the program with recommendations on the continuation of such restrictions.
(4) This section shall repeal on July 1, 2010.
SECTION 2. (1) (a) The Commission on Wildlife, Fisheries and Parks shall regulate the feeding of wild animals and game birds outside of wildlife enclosures and shall have plenary authority in matters related to such feeding of wild animals and game birds.
(b) The authority to regulate feeding shall not apply to planted food plots and natural habitat management.
(c) The authority to regulate feeding under this section shall not apply to wildlife enclosures.
(2) The commission may take any action it deems necessary and may use its emergency powers to prevent, control or eradicate disease resulting from the feeding of wild animals and game birds.
(3) A violation of this section or any regulation of the commission promulgated to prevent, control or eradicate disease is a Class II violation and is punishable as provided in Section 49-7-143.
SECTION 3. (1) (a) The Commission on Wildlife, Fisheries and Parks may allow the taking of deer with the aid of bait and may place any conditions or restrictions on such taking.
(b) The Commission on Wildlife, Fisheries and Parks may establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the aid of bait.
(c) The commission may allow the taking of deer with the aid of bait on private lands only.
(2) The commission may take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the aid of bait.
(3) (a) If the commission allows the taking of deer with the aid of bait, the Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the aid of bait program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism.
(b) The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the aid of bait.
(4) A violation of this section or any regulation of the commission promulgated under this section shall be punishable by a fine of Five Hundred Dollars ($500.00).
(5) This section shall repeal July 1, 2010.
SECTION 4. Section 49-7-33, Mississippi Code of 1972, as amended by House Bill No. 911, 2007 Regular Session, is amended as follows:
49-7-33. (1) It is unlawful to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait, recordings of bird or animal calls, or electrically amplified imitations of calls of any kind, except a person:
(a) May use electrically amplified sound devices for hunting crow;
(b) May use liquid scents for any animal or bird;
(c) May use lures for trapping fur-bearing animals, according to regulations adopted by the commission;
(d) May take nuisance animals as provided in Section 49-7-31.5; and
(e) May take deer with the aid of bait if the commission allows the use of bait as provided under Section 3 of House Bill No. 423, 2007 Regular Session. This paragraph shall repeal on July 1, 2010.
(2) The commission, in its discretion, may relax the restrictions regarding the use of lures or sound devices if a condition arises or exists, as decided by the State Board of Health or county board of health, that may endanger persons or livestock in a certain community, county or area.
SECTION 5. This act shall take effect and be in force from and after July 1, 2007.