Senate Bill 2035

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-7-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO DECLARE SPECIAL SEASONS, WITHIN OR OUTSIDE THE ESTABLISHED OPEN SEASONS, FOR COLLECTING CHRONIC WASTING DISEASE TESTING SAMPLES; TO ESTABLISH AIR GUNS, AIR BOWS AND PRE-CHARGED PNEUMATIC WEAPONS AS LAWFUL MEANS OF HUNTING GAME; TO AUTHORIZE THE COMMISSION TO DEFINE AIR GUNS, AIR BOWS AND PRE-CHARGED PNEUMATIC WEAPONS SUITABLE FOR HUNTING GAME; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-37, Mississippi Code of 1972, is amended as follows:

49-7-37. (1) Any resident of this state licensed to hunt or otherwise take any legal game bird or game animal in this state by or with the use of firearms, may hunt, kill, shoot or otherwise take game animals or game birds by the use of falcons or hawks as may be prescribed by the commission and in compliance with federal guidelines.

(2) (a) The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations.

(b) The commission may declare a special season in any area of the state where the need to collect samples for testing for chronic wasting disease (CWD) is indicated. Special seasons for collecting CWD testing samples may be set within the open season or, if necessary, outside the open season. Lawful weapons for hunting during any special CWD sample collection season shall be consistent with the then-current open season or, if outside the open season, as directed by order of the commission.

(3) The killing by primitive firearms of an antlerless deer or any other deer protected during the regular deer season is prohibited, but the commission may designate areas of the state in which the killing of antlerless deer may be permitted or limited.

(4) The commission may make reasonable rules and regulations concerning the special seasons with falcons and hawks, bow and arrow * * * ~~and~~, primitive firearms, air guns, air bows and pre-charged pneumatic weapons which it deems necessary and proper. The commission shall define the terms "primitive firearm," "air gun," "air bow" and "pre-charged pneumatic weapon" for purposes of this section and other law or regulation.

(5) Air guns shall be lawful for hunting small game during the seasons for hunting small game. Air bows and pre-charged pneumatic weapons shall be lawful for hunting large game, except game birds, turkeys and migratory waterfowl. Air bows and pre-charged pneumatic weapons may be used during any open season on deer with primitive weapons after November 30, on private lands only, consistent with the requirements of Section 49-7-31(5)(a).

( * * *56) The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons.

( * * *67) In addition to a hunting license allowing the taking of deer, any resident desiring to hunt deer with bow and arrow or primitive firearm during primitive weapon or archery season or special hunts established by the commission shall purchase a special resident archery and/or primitive firearms license at a fee of Fourteen Dollars ($14.00) for each license plus the fee provided in Section 49-7-17.

( * * *78) Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

( * * *89) All seasons provided for herein shall begin on Saturday.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.