HB1215 - Conference Report

SECTION 1. (1) (a) The Mississippi Commission on Wildlife, Fisheries and Parks shall regulate the feeding of wild animals and game birds and shall have plenary authority in matters related to the feeding of wild animals and game birds and taking of wild animals by use of feed.

(b) The commission may allow, restrict or prohibit the taking of wild animals by use of feed. This paragraph shall repeal on July 1, 2007.

(2) The commission may take any action it deems desirable to prevent the introduction of disease, to control disease and to manage the population of wild animals and game birds by use of feed.

(3) The commission shall regulate the taking of wild animals and game birds with the aid of recordings, scents, lures and other attractants.

(4) A violation of any regulation of the commission promulgated to prevent or control disease related to feeding and regulations related to the taking of wild animals by use of feed shall be a Class II violation punishable, as provided under Section 49-7-143.

SECTION 2. The Department of Wildlife, Fisheries and Parks may conduct a survey of resident hunting public and may hold public meetings on the issue of feeding wild animals and game birds, and shall furnish the findings to the commission.

SECTION 3. 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;

(c) May use lures for trapping furbearing animals, beaver, coyote, fox and nutria according to regulations adopted by the commission; and

(d) May hunt any wild animal with the aid of bait or feed if the commission allows the use of bait or feed under Section 1 of House Bill No. 1215, 2005 Regular Session. This paragraph shall repeal on July 1, 2007.

(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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(3) A person may use bait to trap wild hogs as defined in Section 49-7-140 during the period between the end of Spring turkey season and the beginning of deer season with bow and arrow.

SECTION 4. Section 49-7-31, Mississippi Code of 1972, is amended as follows:

49-7-31. (1) The open season for game birds and game animals shall be established by the commission.

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(2) * * * The commission shall provide a total of thirty-nine (39) days of hunting deer with guns and with dogs * * *.

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(3) * * * The commission may * * * set and regulate the deer seasons on wildlife management areas which it administers.

(4) (a) The commission may allow the harvesting of antlerless deer in the districts or zones upon the recommendation of the executive director based upon good and substantial quantitative data and research evaluations that demonstrate that the harvesting is necessary to properly manage the herd.

(b) The commission, only upon the recommendation of the executive director, may allow the harvesting of antlerless deer during the deer season with guns and with dogs by a majority vote of the commission.

(c) Nothing in this subsection prohibits the harvesting of either-sex deer by landowners or leaseholders on private lands under a deer management program prescribed or approved by the executive director.

(5) The commission may restrict the harvesting of antlered deer by the size of the antlers in districts or zones if necessary to properly manage the deer herd in a district or zone.

(6) The commission may provide a special permit for the harvesting of deer when they are depredating and destroying crops. The department shall supervise the harvesting and provide for the salvaging of the meat of the animals. The commission may authorize the department to assist any farmer in this state, who sustains crop damage by wildlife, in eradication of the problem wildlife.

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SECTION 5. (1) The commission shall establish a special hunting season for youth under the age of sixteen (16) and for handicapped persons in the Natchez State Park. The commission shall also establish a primitive weapon season in the Natchez State Park. The selection of participants in the primitive weapon season shall be by public drawing from all qualified applications. The commission shall set the number of permits to be issued and the length of the special seasons.

(2) The commission may also establish a special hunting season for youth and handicapped persons or a primitive weapon season as provided in this section in any other state park under the jurisdiction of the department but shall only do so upon the recommendation of the staff of the department as approved by the commission. The commission shall select participants and set the number of permits to be issued and the length of the special seasons.

(3) The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands.

SECTION 6. (1) The commission may fix the open season on fur-bearing animals between November 1 and March 1 next following and fix the open season for hunting opossums, raccoons and bobcats with dogs and guns by licensed hunters from October 1 to February 28 next following; but raccoons and bobcats may be run, hunted, chased or pursued throughout the year with dogs by licensed hunters.

(2) The commission may establish an additional open season on raccoon from July 1 through October 1, and the bag limit on raccoon during the additional open season shall be one (1) per party, per night.

SECTION 7. (1) (a) The hunting of predatory animals shall be restricted to the open seasons for hunting any game animal or game bird, using only the firearms, ammunition, primitive weapons or archery equipment legal for use during that open season.

(b) Landowners, agricultural leaseholders or their designated agents may take predatory animals year-round on lands owned or leased by them.

(2) The taking of any animal or animals other than beavers, nutria or coyote by the use of a trap or traps is unlawful except during the time the season is open for the taking of fur-bearing animals.

(3) Fox and coyote may be run, chased or pursued with dogs except as provided in Section 49-7-32 year-round by licensed hunters.

(4) It is unlawful to trap fox after the closed season for trapping of other fur-bearing animals, except on property owned or leased by the person trapping.

SECTION 8. (1) When hunting deer during any gun season on deer, a hunter must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange. This requirement shall not apply to a hunter while the hunter is in a fully enclosed deer stand.

(2) A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143.

SECTION 9. The commission may set the bag limits for game animals, birds and fish unless the bag limits are established by the Legislature by statute.

SECTION 10. Section 49-7-41, Mississippi Code of 1972, which authorizes the Commission on Wildlife, Fisheries and Parks to set bag limits and establishes bag limits for deer, is repealed.

SECTION 11. This act shall take effect and be in force from and after July 1, 2005.


X (SIGNED)	X (SIGNED)
Eric Robinson	Lynn Posey

X (SIGNED)	X (SIGNED)
Joey Hudson	Tommy A. Gollott

X (SIGNED)	X (SIGNED)
Herb Frierson	Sampson Jackson II