MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Posey

AN ACT TO AMEND SECTIONS 49-11-1 THROUGH 49-11-27, MISSISSIPPI CODE OF 1972, WHICH REGULATE SHOOTING PRESERVES, TO CONFORM TO REORGANIZATION NOMENCLATURE; TO MAKE TECHNICAL REVISIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 49-11-1, Mississippi Code of 1972, is amended as follows:

49-11-1. For purposes of this chapter:

"Commission" means the Commission on Wildlife, Fisheries and Parks.

"Department" means the Department of Wildlife, Fisheries and Parks.

The department may issue operating licenses * * *

for shooting preserves, which must be privately owned and operated. * * * The commission may make any rules and regulations * * * necessary and proper in carrying out * * * this chapter.

SECTION 2. Section 49-11-3, Mississippi Code of 1972, is amended as follows:

49-11-3. Operating licenses * * * may be issued to any person, partnership, association or corporation for the operation of shooting preserves that meet the following requirements and any applicable regulations.

(a) Each shooting preserve shall contain a minimum of one hundred (100) acres in one (1) tract of leased or owned land (including water area, if any) and shall be restricted to not more than six hundred forty (640) contiguous acres (including water area, if any), except that preserves confined to the releasing of ducks only may be authorized to operate with a minimum of fifty (50) contiguous acres (including water area).

(b) The * * * boundaries of each shooting preserve shall be clearly defined and posted with signs erected * * * at intervals of three hundred (300) feet or less.

SECTION 3. Section 49-11-5, Mississippi Code of 1972, is amended as follows:

49-11-5. Fees for shooting preserve licenses * * * shall be seventy-five dollars ($75.00) per year for the first three hundred (300) acres of shooting preserve area, and five dollars ($5.00) per year for each additional one hundred (100) acres or parts thereof.

SECTION 4. Section 49-11-7, Mississippi Code of 1972, is amended as follows:

49-11-7. Each shooting preserve license * * * issued by the department shall designate whether or not the preserve is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license * * * shall specify that the area is a restricted shooting preserve. The department shall maintain accurate listings of the names, addresses * * * and the location of the property of all persons to whom shooting preserve licenses * * * are issued. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves are public or private.

SECTION 5. Section 49-11-9, Mississippi Code of 1972, is amended as follows:

49-11-9. This chapter is supplemental and in addition to any other laws on related subject matters. * * * The shooting preserve license is required * * * in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.

SECTION 6. Section 49-11-13, Mississippi Code of 1972, is amended as follows:

49-11-13. * * * To give a reasonable opportunity for a fair return on a sizeable investment, the season established for shooting preserves shall be open during the period of seven (7) months beginning October 1 and ending April 30, except as further restricted by the shooting preserve operator.

SECTION 7. Section 49-11-15, Mississippi Code of 1972, is amended as follows:

49-11-15. * * * Artificially propagated pheasants, quail, chukar partridges, mallards and black ducks, and any game bird * * * authorized by the commission * * * are the only game which may be hunted under this chapter.

Mallards and * * * black ducks released on a shooting preserve must have * * * a one-fourth (1/4) inch hole punched in the outer web of the right foot before the birds attain the age of six (6) weeks.

SECTION 8. Section 49-11-17, Mississippi Code of 1972, is amended as follows:

49-11-17. The operating licenses * * * issued by the department shall entitle licensees, and their guests or customers, to recover the total number of each species of game birds released on the premises each year.

SECTION 9. Section 49-11-19, Mississippi Code of 1972, is amended as follows:

49-11-19. Shooting preserve operators may establish * * * shooting limitations and restrictions on the age, sex and number of each species that may be taken by each person.

SECTION 10. Section 49-11-21, Mississippi Code of 1972, is amended as follows:

49-11-21. Any wild game found on shooting preserves may be harvested in accordance with applicable game and hunting laws * * * and regulations issued by the * * * commission and the U. S. Fish and Wildlife Service.

SECTION 11. Section 49-11-23, Mississippi Code of 1972, is amended as follows:

49-11-23. The licensed owner or operator of a shooting preserve shall furnish and issue a consecutively numbered certificate to any hunter or person leaving the shooting preserve with quail carcasses. The certificate shall

bear the shooting preserve license number and name of the shooting preserve or its licensed operator. The certificate shall contain the person's name, address, date of issuance and number of quail in possession. * * * The certificate must remain with the quail carcasses until the quail are prepared for consumption.

SECTION 12. Section 49-11-25, Mississippi Code of 1972, is amended as follows:

49-11-25. Each shooting preserve operator shall maintain a registration book listing the names and hunting license numbers of all shooters and the date on which they hunted. An accurate record * * * must be maintained of the total number, by species, of game released and harvested each day the preserve is hunted. The shooting preserve operator shall submit this information in an annual report of operations each year to the department not later than June 1 following. These records shall be open to inspection by * * * the department at any reasonable time. Any person, partnership, association or corporation licensed hereunder consents to the patrolling of the shooting preserve areas by * * * the department, without warrant, to determine if any of the game laws or regulations are being violated.

SECTION 13. Section 49-11-27, Mississippi Code of 1972, is amended as follows:

49-11-27. Any person, firm or corporation violating any provision of this chapter is guilty of a Class II violation, and upon conviction thereof shall be punished as provided in Section 49-7-143. A multiple violator of * * * this chapter shall be assessed * * * the maximum allowable * * * fine * * *, and may, at the discretion of the commission * * *, have his shooting preserve operator's license suspended by operation of law for a period of one (1) year.

SECTION 14. This act shall take effect and be in force from and after July 1, 1997.