House Bill 1383

AN ACT TO AMEND SECTION 49-7-38, MISSISSIPPI CODE OF 1972, TO ALLOW PERSONS EXEMPT FROM HAVING A HUNTING LICENSE BY REASON OF DISABILITY TO USE AN AIR BOW DURING ANY OPEN SEASON ON DEER, TURKEY OR SMALL GAME; TO BRING FORWARD SECTIONS 49-7-5, 49-7-8, 49-7-40 AND 49-7-148, MISSISSIPPI CODE OF 1972, WHICH RELATE TO GUIDELINES AND REQUIREMENTS FOR HUNTING AND FISHING IN THE STATE OF MISSISSIPPI, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-38, Mississippi Code of 1972, is amended as follows:

49-7-38. (1) (a) Any person who is exempt from having a hunting license and any person licensed to hunt deer with a bow or primitive weapon may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.

(b) A person exempt from having a hunting license by reason of total service-connected disability, as adjudged by the Veterans Administration, or who has been adjudged to be totally disabled by the Social Security Administration, or who is blind, as defined by federal law, or who is paraplegic or a multiple amputee, may hunt with an air bow during any open season on deer, turkey, or small game. For the purposes of this section, "air bow" means a device that uses compressed air to propel arrows.

(2) When hunting during any gun season on deer, the hunter must comply with Section 49-7-31.1.

SECTION 2. Section 49-7-5, Mississippi Code of 1972, is brought forward as follows:

49-7-5. (1) (a) Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Twenty-five Dollars ($25.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.

(b) Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Ten Dollars ($10.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.

(c) Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman's license for the sum of Forty-five Dollars ($45.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Forty-five Dollars ($45.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission's records, and the licensee must apply to be placed on the renewal list.

(d) In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman's licensee or resident lifetime sportsman's licensee may hunt during the fall turkey season without purchasing a permit.

(e) The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting.

(2) (a) Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(b) Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission.

(c) All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.

(d) The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.

(e) The requirement for purchasing and/or having a hunting or fishing license authorized in subsection (1) of this section may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization.

(3) No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.

(4) Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.

(5) Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.

SECTION 3. Section 49-7-8, Mississippi Code of 1972, is brought forward as follows:

49-7-8. (1) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The commission shall have the following duties and powers:

(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

(b) To determine the total number of each type of nonresident license to be issued annually;

(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);

(d) To exercise all incidental powers necessary to develop a nonresident licensing program.

(3) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).

SECTION 4. Section 49-7-40, Mississippi Code of 1972, is brought forward as follows:

49-7-40. The commission may adopt regulations to provide for a special hunt by handicapped persons in the natural area at Arkabutla Lake designated by the U.S. Corps of Engineers. The hunt and any such regulations must be approved by the U.S. Corps of Engineers. The following restrictions apply to any such hunt:

(a) The hunt shall be open to wheelchair-bound physically disabled persons;

(b) Selection of participants shall be by public drawing from all qualified applications received;

(d) The hunt shall not exceed a total of six (6) days;

(e) A hunting license shall not be required of resident or nonresident applicants;

(f) Any other actions the commission and the U.S. Corps of Engineers deem necessary for a safe and productive hunt.

SECTION 5. Section 49-7-148, Mississippi Code of 1972, is brought forward as follows:

49-7-148. (1) (a) The department shall provide hunters with disabilities access to hunting areas in public wildlife management areas under its jurisdiction.

(b) The department shall allow the use of a mobility related device for an individual who is permanently physically disabled and meets one or more of the following criteria:

(i) Is paraplegic or hemiplegic;

(ii) Is unable to ambulate and requires a wheelchair, walker, leg braces, prosthesis, canes or crutches for mobility.

(2) The commission shall promulgate rules and regulations for reasonable access and include a definition of "hunters with disabilities" as used in this section.

SECTION 6. This act shall take effect and be in force from and after July 1, 2018.