Senate Bill 2898

(As Sent to Governor)

AN ACT TO AMEND SECTION 49-7-41, MISSISSIPPI CODE OF 1972, TO ALLOW PERSONS LESS THAN 16 YEARS OLD TO TAKE BUCKS WITH LESS THAN 4 POINTS ON PRIVATE LANDS DURING SPECIAL YOUTH HUNTS; TO ALLOW SUCH BUCKS TO BE TAKEN ON DMAP LANDS WHEN NECESSARY TO MANAGE DEER; TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR HEADLIGHTING DEER BY PERSONS UNDER THE AGE OF 21; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-41, Mississippi Code of 1972, is amended as follows:

49-7-41. (1) The commission may set the bag limits for game animals, birds and fish, unless the bag limits are established by the Legislature by statute.

(2) (a) The bag limit on antlered deer is one (1) per day, not to exceed three (3) per license year. An antlered deer must have antlers of four (4) points or greater to be taken except as provided in paragraphs (b) and (c) of this subsection.

(b) Any antlered deer * * * may be taken by permit when it is necessary to manage deer on lands under the deer management assistance program or wildlife management areas. A written management justification issued by the Department of Wildlife, Fisheries and Parks must accompany any request for such a permit. Any antlered deer * * * harvested under this permit must be identified with a tag immediately upon possession. Antlered deer taken by permit shall not be subject to the daily bag limit or * * * the annual bag limit on antlered deer. The department shall include a report on permits issued, to whom issued and deer harvested in the department's annual deer program report.

(c) One (1) antlered deer with less than four (4) points may be taken per license year on private lands by a person less than sixteen (16) years old.

(3) (a) The bag limit on antlerless deer is one (1) per day, not to exceed three (3) per license year; except that two (2) additional antlerless deer per license year may be taken with a bow and arrow. Antlerless deer may be taken only in the areas prescribed by order of the commission. It is illegal to take a spotted fawn in any season.

(b) It is unlawful for a nonresident to kill an antlerless deer except: (i) a nonresident may take antlerless deer on lands that the title is vested in the nonresident or on lands that the nonresident has leased the hunting and fishing rights; or (ii) a nonresident who has a native son or daughter nonresident lifetime sportsman license or a resident lifetime sportsman license may take antlerless deer on private lands, wildlife management areas or national wildlife refuges.

(4) The bag limit on antlerless deer set by this section shall not apply to private lands under the deer management assistance program or the fee-based antlerless program as approved by the department.

* * *

SECTION 2. Section 49-7-95, Mississippi Code of 1972, is amended as follows:

49-7-95. (1) Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

(2) (a) Violators of this section, twenty-one (21) years old or older, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.

(b) A violator of this section under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission. A violator under the age of twenty-one (21) may petition the commission to have his privileges restored after he has paid his penalty. The violator shall pay a reinstatement fee of Two Hundred Fifty Dollars ($250.00) to have his privileges restored.

(c) A person under the age of twenty-one (21) convicted of a second or subsequent violation of this section shall forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend courses prescribed by the commission. The person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored.

(d) A person who is appealing from a violation of this section shall have his hunting privileges suspended or revoked as provided in Section 49-7-27.

(3) This section shall not apply to any deer killed in an accident with any motor vehicle.

(4) Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section.

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