MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Posey

AN ACT TO AMEND SECTION 49-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE FEDERAL MIGRATORY BIRD TREATY ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-5-7, Mississippi Code of 1972, is amended as follows:

49-5-7. (1) No wild bird other than a game bird shall be pursued, taken, wounded, killed, captured, possessed or exported at any time, dead or alive. No part of the plumage, skin or body of any bird protected by this section or of any birds coming from without the state, the importation of which is prohibited into the United States, shall be sold or had in possession for sale in this state.

No person shall molest, take or destroy or attempt to molest, take or destroy the nests or eggs of any wild bird, or have such nests or eggs in his possession, except under the authority of a permit duly issued for scientific purposes.

(2) This section shall not apply to game birds for which there is an open season under state law; birds, or parts thereof collected or possessed under the authority of a certificate duly issued for scientific purposes; or to the English sparrow, crow, blackbird and starling or to the nests or eggs of such unprotected birds. Nor shall anything contained in this section prohibit any person on his own land or land under his control from killing or destroying any English sparrow, crow, or * * * blackbird or any animal by nature destructive of gardens, crops or property of any kind. This section shall not apply to introduced pheasants, which are hereby classified as domestic fowls.

SECTION 2. This act shall take effect and be in force from and after its passage.