Senate Bill 2846

AN ACT TO CREATE SECTION 49-7-33.1, MISSISSIPPI CODE OF 1972, TO ALLOW THE HUNTING OF DEER WITH FEEDERS; TO PRESCRIBE RESTRICTIONS ON SUCH HUNTING; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE AND ESTABLISH FEES FOR SUCH FEEDERS; TO AMEND SECTION 49-7-33, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following section shall be codified as Section 49-7-33.1, Mississippi Code of 1972:

49-7-33.1. (1) The department shall allow the feeding of game by feeders and shall issue permits for feeders each year for the entire year. For the purposes of this section, the term "game feeder" shall mean only a spin cast, broadcast or covered game feeder.

(2) All permits issued shall be dated when issued and shall authorize the individual named on the permit to operate a game feeder for the feeding of game during hunting season or for one (1) license year. The permits shall be numbered consecutively. The department shall keep a correct and complete record of all permits issued and shall be open to inspection by the public at all reasonable times.

(3) Any person may procure a separate permit to operate each game feeder by filing an application stating his or her name, age, place of residence and mailing address, the county in which the feeder will be located and any other information the department requires. The individual receiving a permit shall be issued a numbered decal to be placed on the game feeder to correspond with the number of the permit.

(4) The use of each feeder permitted pursuant to this section shall be subject to the following restrictions:

(a) The contents of a game feeder shall contain at least sixteen percent (16%) protein.

(b) No game feeder permit shall be issued to be operated upon any privately owned land without the written consent of the owner or individual in lawful possession of the land.

(d) Each feeder shall be located within two hundred (200) yards of a prepared seedbed food plot or green field during the deer season and the field shall be at least one-fourth (1/4) of an acre in size.

(e) Each feeder shall be located at least three (300) feet from any adjacent property line.

(f) Feeders used on property during deer season may be hunted over, if the hunter is a minimum of one hundred (100) yards from the feeder and the feeder is out of the hunter's line of sight.

(4) The commission may promulgate rules and regulations to implement this sectionand may establish fees for feeder permits and decals for each feeder. In addition to this authority, the commission may suspend the use of feeders or prohibit their use because of disease or any other cause if the deer population is threatened.

(5) A violation of this section constitutes a Class II violation and is punishable as provided in Section 49-7-143 and, in addition, a person convicted of violating this section shall forfeit his hunting, fishing and trapping privileges for the remainder of the license year.

SECTION 2. Section 49-7-33, Mississippi Code of 1972, is amended as follows:

49-7-33. (1) It is unlawful to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait, recordings of bird or animal calls, or electrically amplified imitations of calls of any kind, except a person:

(a) May use electrically amplified sound devices for hunting coyote and crow;

(b) May use liquid scents for any animal or bird; and

(2) The commission, in its discretion, may relax the restrictions regarding the use of lures or sound devices if a condition arises or exists, as decided by the State Board of Health or county board of health, that may endanger persons or livestock in a certain community, county or area.

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SECTION 3. This act shall take effect and be in force from and after July 1, 2005.