House Bill 1319

AN ACT TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS, ACTING THROUGH THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS, TO PROMULGATE RULES AND REGULATIONS NEEDED TO PROTECT MISSISSIPPIANS' RIGHT TO HUNT IN THE STATE OF MISSISSIPPI, INCLUDING STILL HUNTING AND HUNTING DEER WITH DOGS; TO PROVIDE THAT THERE SHALL BE NO EXEMPTION FROM THE REQUIREMENT TO ADHERE TO SUCH RULES AND REGULATIONS FOR ANYONE OTHERWISE NOT REQUIRED TO POSSESS A HUNTING LICENSE; TO BRING FORWARD SECTIONS 49-7-1.1 AND 49-5-75, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE POWERS AND DUTIES OF THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

WHEREAS, Section 49-7-1.1, Mississippi Code of 1972, declares that it is the public policy of the State of Mississippi to protect and preserve hunting, trapping and fishing. It further charges the Commission on Wildlife, Fisheries and Parks, acting through the Department of Wildlife, Fisheries and Parks to regulate those activities accordingly.

WHEREAS, Section 12A, Mississippi Constitution of 1890, enshrines the people's right to hunt, fish and harvest wildlife, including by the use of traditional methods.

WHEREAS, where those methods come into conflict so as to be mutually exclusive, it shall be incumbent upon the commission, acting through the department, to enact and enforce regulations that protect the rights of all Mississippians under Section 12A, Mississippi Constitution of 1890; NOW THEREFORE,

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

SECTION 1. (1) The Commission on Wildlife, Fisheries and Parks, acting through the Department of Wildlife, Fisheries and Park, shall promulgate rules and regulations needed to protect Mississippians' right to hunt in the State of Mississippi, including still hunting and hunting deer with dogs, consistent with its powers and duties under the law.

(2) There shall be no exemption from the requirement to adhere to these regulations for anyone otherwise not required to possess a hunting license, such as people over the age of sixty-five (65), or under the age of sixteen (16), or landowners hunting on their own land.

(3) Any person who violates the provisions of this section is guilty, upon conviction, of a Class II offense, as provided in Section 49-7-143.

SECTION 2. Section 49-7-1.1, Mississippi Code of 1972, is brought forward as follows:

49-7-1.1. Hunting, trapping and fishing are vital parts of the heritage of the State of Mississippi. It shall be the public policy of the State of Mississippi to protect and preserve these activities. The Mississippi Commission on Wildlife, Fisheries and Parks, acting by and through the Mississippi Department of Wildlife, Fisheries and Parks, may regulate hunting, trapping and fishing activities in the State of Mississippi, consistent with its powers and duties under the law. No court of this state may enjoin, suspend, curtail or abrogate any hunting, trapping or fishing activity which is otherwise lawful under the laws of this state or the regulations of the commission, except upon a showing, by clear and convincing evidence, of an immediate threat to the public health, safety and welfare, or other imminent peril. It is, and shall be, the public policy of this state to promote hunting, trapping and fishing and other outdoor recreational opportunities and to preserve these activities for all generations to come.

SECTION 3. Section 49-5-75, Mississippi Code of 1972, is brought forward as follows:

49-5-75. The commission may make such rules and regulations, inaugurate such studies and surveys and establish such programs as it may deem necessary to carry out the provisions and purposes of Sections 49-5-61 through 49-5-85.

SECTION 4. This act shall take effect and be in force from and after July 1, 2022.