MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Gollott, Cuevas

AN ACT TO AMEND SECTION 49-7-8, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS CHARGE RECIPROCAL LICENSE FEES FOR CONTIGUOUS STATES; TO AMEND SECTION 49-15-30, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON MARINE RESOURCES TO CHARGE RECIPROCAL LICENSE FEES FOR CONTIGUOUS STATES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-8, Mississippi Code of 1972, is amended as follows:

49-7-8. (1) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The commission shall have the following duties and powers:

(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

(b) To determine the total number of each type of nonresident license to be issued annually;

(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);

(d) To exercise all incidental powers necessary to develop a nonresident licensing program.

(3) (a) The commission shall require residents of contiguous states to pay a nonresident fee at least equal to the nonresident fee that a resident of Mississippi pays in the contiguous state or the fee established in a reciprocity agreement.

(b) If a contiguous state does not permit the sale of nonresident licenses to a resident of Mississippi or if the contiguous state does not have a reciprocity agreement with Mississippi, then the commission shall not issue a nonresident license to the person from that state.

(c) If an contiguous state charges a resident of Mississippi a greater fee than it charges residents of other states, then the commission shall establish an appropriate fee for the nonresident of that contiguous state.

(4) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).

SECTION 2. Section 49-15-30, Mississippi Code of 1972, is amended as follows:

49-15-30. (1) The commission may promulgate rules and regulations for nonresident permits in order to promote reciprocal agreements with other states.

(2) The commission shall provide that residents of other states bordering on the Gulf of Mexico who are applicants for a * * * license of any type as provided for in this chapter shall pay the same fee or fees that a resident of this state pays in the applicant's state for that license or the fees established in a reciprocity agreement. * * *

(3) The commission shall require a nonresident to purchase the same type and number of licenses and pay the same fees that are required of Mississippi residents to engage in like activity in the nonresident's state.

(4) If an applicant applies for a * * * license to engage in a certain activity and the applicant's state does not permit the sale of such license to a resident of Mississippi or if the state does not have a reciprocity agreement with Mississippi, then the commission shall not issue such license to the applicant.

(5) If a state bordering on the Gulf of Mexico charges a resident of Mississippi a fee greater than the state charges residents of other states, then the commission shall establish an appropriate fee for a resident of that state.

(6) Any nonresident who engages in the * * * taking of seafood within the territorial waters of Mississippi without having the required nonresident * * * license is guilty of a misdemeanor and shall be fined Five Thousand Dollars ($5,000.00) and shall forfeit any equipment, gear or nets used in the offense.