MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Morgan

House Bill 1188

AN ACT TO AMEND SECTION 49-7-26, MISSISSIPPI CODE OF 1972, TO  REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO CREATE AN ELECTRONIC HARVEST REPORTING PROGRAM FOR WHITE-TAILED DEER AND WILD TURKEY; TO PROVIDE THAT THE DEPARTMENT SHALL NOT EXPEND FUNDS ON A TAGGING PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-26, Mississippi Code of 1972, is amended as follows:

     49-7-26.  (1)  (a)  The Mississippi Department of Wildlife, Fisheries and Parks * * *may shall develop, implement and regulate a * * *tagging and mandatory harvest reporting program for white-tailed deer and wild turkey or both.  The purpose of this program is to collect and compile harvest data * * *and monitor bag limit compliance by any means as provided in this section. of such quality and quantity as to be able to assist the Legislature and the commission in formulating the wildlife resource conservation policy for the State of Mississippi.

          (b)  * * *The department may charge a fee for the tagging program. The harvest reporting program shall be simple to use by sportsmen so as to promote compliance and accurate reporting.  The program may include, but is not limited to, such means as a mobile smartphone application, online web-based reporting, or such other electronic or digital methods as will promote ease of use.

          (c)  The department shall provide an annual report for the harvest reporting program to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives.

 * * *(2)  (a)  The department may establish a tagging and reporting program for deer harvested by nonresidents.

  (b)  A nonresident who violates any law or regulation of the nonresident deer tagging program shall be subject to the fine and forfeiture penalties provided for a nonresident hunting without a license under Section 49‑7‑21.  In addition, a nonresident shall be assessed the administrative fee prescribed in this section.

     (3)  (a)  The department may establish a tagging and reporting program for turkey.

     ( * * *b2)  A person who violates any law or regulation * * *of the turkey tagging program implementing and/or regulating the harvest reporting program is guilty of a Class * * *III II violation and shall be subject to the fines provided in * * *49‑7‑101 Section 49-7-143.  In addition, a person shall be assessed the administrative fee prescribed in this section.

     ( * * *43)  (a)  A person convicted of a first violation of the * * *tagging harvest reporting program shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which shall be imposed and collected upon conviction.  A person convicted of a second or subsequent violation shall be assessed an administrative fee of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), which shall be imposed and collected upon conviction.

          (b)  The clerk of the court shall collect and deposit the administrative fees with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection and deposit of state assessments under Section 99-19-73.

          (c)  The administrative fees shall be credited to the Department of Wildlife, Fisheries and Parks and may be expended by the department upon appropriation by the Legislature.

     ( * * *54)  Each deer or turkey taken or possessed in violation of the * * *tagging harvest reporting program is a separate offense.

SECTION 2.  No funds appropriated to the Mississippi Department of Wildlife, Fisheries and Parks shall be expended on the tagging program established in Section 49-7-26.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.

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