House Bill 828

AN ACT TO CREATE THE MISSISSIPPI FAIR CHASE ACT; TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TRAP, OR TAKE, OR ATTEMPT TO HUNT, TRAP, OR TAKE, ANY GAME OR FURBEARING ANIMAL THAT IS DAMAGING CROPS OR PERSONAL PROPERTY WITHOUT OBTAINING A DEPREDATION PERMIT; TO PROVIDE THAT HUNTING WITH DOGS IS AUTHORIZED ONLY ON PRIVATE PROPERTY THAT IS COMPRISED OF A MINIMUM OF TWO THOUSAND CONTIGUOUS ACRES; TO AMEND SECTION 49-1-39, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRCEEDING SECTION; TO BRING FORWARD SECTION 49-7-31.5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the Mississippi Fair Chase Act.

SECTION 2. (1) Except as otherwise provided in this section and subject to federal law and/or regulations, it is unlawful to hunt, trap, or take, or attempt to hunt, trap, or take, any game or furbearing animal that is damaging crops or personal property without obtaining a depredation permit, along with a valid hunting license.

(2) The Commission on Wildlife, Fisheries and Parks shall promulgate all rules and regulations that are necessary for the implementation of Sections 3 and 4 of this act.

SECTION 3. The following requirements apply with respect to depredation permits:

(a) Except as otherwise provided, a landowner who possesses a valid hunting license, or his or her designees who possess a valid hunting license, in addition to a depredation permit, may be approved by the department to use any of the following methods to control nuisance wildlife:

(i) Any trapping method authorized for use in the applicable fur-trapping season.

(ii) Body-gripping traps with jaw spreads of up to ten (10) inches may be used inside buildings.

(iii) Cage-style live traps may be used.

(iv) Traps set outdoors must be marked.

(v) Firearms may be used day or night if specifically approved by the Commission.

(b) Such landowner or his or her designees shall not use any of the following methods to control nuisance wildlife:

(i) Suppression devices and/or cans; or

(ii) Thermal and night vision scopes.

SECTION 4. Hunting with dogs is authorized only on private property that is comprised of a minimum of two thousand (2,000) contiguous acres, regardless of whether the property is owned by one or more property owners.

SECTION 5. Section 49-1-39, Mississippi Code of 1972, is amended as follows:

49-1-39. Except as otherwise provided in Section 2 of this act, the commission may issue permits to kill any species of animals or native, nonmigratory birds which may become injurious to agricultural or other interests in any particular community. All migratory birds, including hawks, owls, and eagles and their nests and eggs are protected by the Migratory Bird Treaty Act and federal regulations promulgated under the act. All species of blackbirds, cowbirds, starlings, crows, grackles, and English sparrows may be killed without a permit when such birds are committing or about to commit depredations on shade or ornamental trees or agricultural crops.

SECTION 6. Section 49-7-31.5, Mississippi Code of 1972, is brought forward as follows:

49-7-31.5. (1) The hunting, trapping and taking of nuisance animals shall be regulated by the commission. The commission may adopt regulations to regulate the hunting, trapping and taking of nuisance animals and to control the population of nuisance animals.

(2) (a) Landowners, agricultural leaseholders or their designated agents may take predatory and nuisance animals year-round on lands owned or leased by them.

(b) Landowners, agricultural leaseholders or their designated agents may take nuisance animals with any type of weapon and may take nuisance animals during the night after legal hunting hours on lands owned or leased by them with a permit issued by the department.

(c) No license is required for a resident landowner hunting or trapping nuisance animals on his own land. An agricultural leaseholder, designated agent and any other person must possess either an all-game hunting license or trapping license, unless otherwise exempt.

(d) No license is required for a recipient of the Purple Heart Medal for wounds suffered in combat, to hunt nuisance animals on private lands. Persons exempt from purchasing a hunting license under this paragraph shall have in their possession and on their person a copy of their DD-214 discharge form indicating the receipt of the Purple Heart Medal and any proof as may be required by the commission or the Department of Wildlife, Fisheries and Parks, while engaged in such activities.

(3) The taking of any animal or animals other than nuisance animals by the use of a trap or traps is unlawful except during the time the season is open for the taking of fur-bearing animals.

(4) Nuisance animals may be run, chased or pursued with dogs, except as provided in Section 49-7-32, year-round by licensed hunters.

(5) Nuisance animals may be hunted with the aid of electronic calls.

(6) Nuisance animals may be hunted or trapped with the aid of bait and lures, on private lands, according to regulations adopted by the commission.

(7) Any part of a nuisance animal may be bought and sold year-round.

(8) (a) Wild hogs may not be caught or trapped and released into the wild at a location different from the location where the wild hog was caught or trapped, or otherwise transported live in the State of Mississippi.

(b) A violation of this subsection is a Class I violation and is punishable as provided under Section 49-7-141.

(9) When hunting wild hogs during any open gun season on deer, a hunter must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange or solid unbroken fluorescent pink.

SECTION 7. This act shall take effect and be in force from and after July 1, 2026.