MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Wildlife, Fisheries and Parks
By: Representatives Kinkade, Anderson (122nd), Carpenter, Keen, Mattox, Powell, Roberson, White, Yancey, McMillan
AN ACT TO ESTABLISH THE MISSISSIPPI WILD TURKEY STAMP; TO DEFINE CERTAIN TERMS RELATING TO THE WILD TURKEY STAMP; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON SIXTEEN YEARS OF AGE OR OLDER TO HUNT OR TAKE ANY WILD TURKEY WITHIN THIS STATE WITHOUT FIRST PROCURING A STATE WILD TURKEY STAMP OR ITS ELECTRONIC EQUIVALENT; TO PROVIDE THAT ANY PENALTY FOR NOT HAVING THE WILD TURKEY STAMP IN POSSESSION WHILE ENGAGED IN HUNTING OR TAKING WILD TURKEY SHALL BE WAIVED IF THE PERSON CAN VERIFY PURCHASE OF A WILD TURKEY STAMP PRIOR TO THE DATE OF THE VIOLATION; TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO DETERMINE THE FORM OF THE WILD TURKEY STAMP AND THE ELECTRONIC EQUIVALENT OF SUCH STAMP; TO PROVIDE THE FEE FOR A RESIDENT AND NONRESIDENT WILD TURKEY STAMP; TO PROVIDE THAT ALL REVENUE FROM THE SALE OF WILD TURKEY STAMPS SHALL BE USED FOR PROJECTS APPROVED BY THE COMMISSION; TO AUTHORIZE THE COMMISSION TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES HAVING A WILD TURKEY STAMP; TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ACT; TO BRING FORWARD SECTIONS 49-7-1, 49-7-5 AND 49-7-26, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of this act, the following terms have the meanings as described in this section, unless the context clearly requires otherwise:
(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(b) "Stamp" means the state wild turkey stamp, or the electronic equivalent of such stamp furnished by the commission.
SECTION 2. (1) It is unlawful for any person sixteen (16) years of age or older to hunt or take any wild turkey within this state without first procuring a state wild turkey stamp or its electronic equivalent, and having the stamp or proof of purchase of the electronic equivalent in his or her possession while hunting or taking any wild turkey.
Any penalty for not having the wild turkey stamp in possession while engaged in hunting or taking wild turkey shall be waived if the person can verify purchase of a wild turkey stamp prior to the date of the violation.
(2) Each wild turkey stamp shall be validated by the signature of the licensee written across the face of the stamp or the proof of purchase of the electronic equivalent.
(3) The commission shall determine the form of the wild turkey stamp and the electronic equivalent of such stamp. The commission shall furnish the wild turkey stamps to bonded agents for issuance or sale in the same manner as other types of licenses, or cause the electronic equivalent of such stamps to accrue to the purchaser's benefit when purchasing a license from an automated point of sale vendor.
SECTION 3. The fee for each wild turkey stamp issued under this act is Ten Dollars ($10.00) for a resident, as defined in Section 49-7-3, and One Hundred Dollars ($100.00) for a nonresident.
SECTION 4. (1) All revenue from the sale of wild turkey stamps shall be used for projects approved by the commission for the purpose of protecting and propagating wild turkey, and for the development, restoration, maintenance or preservation of wetlands. Provided, however, that none of such funds shall be expended for administrative salaries.
(2) The commission may enter into contracts with nonprofit organizations for the use of part of such funds outside the United States, if the commission finds that such contracts are necessary for carrying out the purposes of this act.
SECTION 5. The commission may enter into reciprocal agreements with other states having a wild turkey stamp.
SECTION 6. Before approving and allocating funds for a proposed project to be undertaken outside the State of Mississippi or outside the United States, the commission shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by such project.
SECTION 7. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
SECTION 8. Section 49-7-1, Mississippi Code of 1972, is brought forward as follows:
49-7-1. For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:
(a) The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.
(b) The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats.
(c) The following wild animals are classed as nuisance animals: wild hogs, nutria, beaver, fox, skunks and coyote.
(d) All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) - including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) - including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) - including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including - white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).
The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) - channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family - spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) - American eel (Anguilla rostrata); in the Bowfin family (Amiidae) - bowfin (Amia calva); in the Paddlefish family (Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker family (Catostomidae) - river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) - freshwater drum (Aplodinotus grunniens).
All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish.
All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish.
(e) The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves.
All other species of wild resident or migratory birds are classed as nongame birds.
(f) Closed season: the time during which birds, animals or fish may not be taken.
(g) Open season: the time during which birds, animals or fish may be lawfully taken.
(h) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(i) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(j) "Executive director" means the Executive Director of the Department of Wildlife, Fisheries and Parks.
SECTION 9. 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 10. Section 49-7-26, Mississippi Code of 1972, is brought forward as follows:
49-7-26. (1) (a) The department may develop, implement and regulate a tagging and reporting program to collect harvest data and monitor bag limit compliance by any means as provided in this section.
(b) The department may charge a fee for the tagging program.
(c) The department shall provide an annual report 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.
(b) A person who violates any law or regulation of the turkey tagging program is guilty of a Class III violation and shall be subject to the fines provided in 49-7-101. In addition, a person shall be assessed the administrative fee prescribed in this section.
(4) (a) A person convicted of a first violation of the tagging 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.
(5) Each deer or turkey taken or possessed in violation of the tagging program is a separate offense.
SECTION 11. This act shall take effect and be in force from and after July 1, 2024.