MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Posey

Senate Bill 2917

AN ACT TO AMEND SECTION 49-7-101, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR NOT WEARING HUNTER ORANGE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-101, Mississippi Code of 1972, is amended as follows:

     49-7-101.  (1)  Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds, or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a Class III violation and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).  In addition thereto, such person is liable, in the discretion of the court, to an additional penalty of Twenty-five Dollars ($25.00) for each animal, bird, or fish, or part thereof, or each nest or egg of any bird taken, possessed, or transported in violation of such law or regulation.

     (2)  Any person unlawfully killing a doe deer is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     (3)  Any person killing a wild turkey hen, except when permitted by the commission is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     (4)  Any person killing any turkey out of season, and any person baiting turkeysis guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     (5)  Any person unlawfully trapping quail or any other game bird within this state is  guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     (6)  Any person transporting, shipping, or carrying quail or any other game bird within, or from within to a point without this state, without first having secured permission from the executive director to so do, shall, except as otherwise provided by Section 49-1-1 et seq., be fined not less than One Hundred Dollars ($100.00).

     (7)  Any person not wearing fluorescent orange as required by law is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.