MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Seymour, Suber
AN ACT TO AMEND SECTION 49-4-39, MISSISSIPPI CODE OF 1972, TO REQUIRE A FRESHWATER FISHING GUIDE OR SERVICE THAT UTILIZES A BOAT TO OBTAIN A FISHING GUIDE BOAT LICENSE AND DECAL; TO PROVIDE THE FEE FOR SUCH LICENSE; TO PROVIDE THAT FRESHWATER FISHING GUIDES SHALL BE PROHIBITED FROM FISHING WHILE PROVIDING SERVICE; TO PROVIDE THAT FRESHWATER FISHING GUIDES SHALL BE PROHIBITED FROM KEEPING ANY FISH CAUGHT BY THE PERSONS THEY ARE GUIDING; TO PROVIDE THAT THE PRESENCE OF THE GUIDE DOES NOT COUNT TOWARD THE BAG LIMIT FOR FISH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-4-39, Mississippi Code of 1972, is amended as follows:
49-4-39. (1) As used in this section:
(a) "Head boat" means a fishing boat that takes recreational (sports) fishermen out for a fee per person.
(b) "Charter boat" means a fishing boat with a skipper, guide, outfitter or captain that is rented for a fee for the purpose of fishing.
(c) "Guide" means a person who advises or shows the way to others for a fee.
(d) "Outfitter" means an establishment that sells services for outdoor activities.
(e) "Skipper" means the captain of a ship or boat.
(f) "Captain" means a person who is at the helm, controls or steering of a ship or boat.
(2) The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services. The commission shall have the following powers and duties:
(a) Prescribe the form and type of licenses;
(b) Prescribe an annual distinguishable decal for each boat;
( * * *c) Except as otherwise provided in
this section, establish fees for the types of licenses; the fee for guide
services annual licenses * * * to be One Hundred Fifty
Dollars ($150.00) for residents and Two Thousand Five Hundred Dollars ($2,500.00)
for nonresidents; the fee for outfitters annual licenses * * * to be Two Hundred Fifty
Dollars ($250.00) for residents and Two Thousand Five Hundred Dollars ($2,500.00)
for nonresidents; * * *
* * *
(d) Require one-year proof of residency and a valid sportsman's license for residents;
(e) Require a valid nonresident fishing license for nonresidents;
(f) Require First Aid/CPR certification; and
(g) Exercise all powers to make regulations for enforcement and safety of such services.
(3) A fishing guide, outfitter, skipper or captain that utilizes a boat to provide fishing guide services shall obtain an annual fishing guide boat license and decal for a fee of Two Hundred Fifty Dollars ($250.00). In order to obtain a fishing guide boat license and decal, an applicant must register the boat being utilized with the department and provide to the department a copy of the driver's license of the guide, outfitter, skipper or captain and proof of liability insurance and such other information as the department may require by regulation.
(4) A fishing guide, outfitter, skipper, captain, boat mate or crew is prohibited from keeping a recreational bag limit of fish.
(5) The presence of a guide, outfitter, skipper, captain, boat mate or crew does not count toward the boat's daily possession limit for all game fish.
(6) A violation of this section or any regulation created by the commission exercising its powers to regulate safety and services is a Class II violation and is punishable as provided in Section 9-7-143.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.