HB1215_H_(Cmte_Sub)_Amend

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 regulate the feeding of game animals by feeders on private lands. For the purposes of this section, the term "feeder" shall mean only a spin cast, broadcast or covered game animal feeder.

(2) All permits issued shall be dated when issued and shall authorize the individual named on the permit to operate a feeder for the feeding of game animals during the license year. The feeders shall not be used for feeding during spring and fall turkey season. The permits shall be numbered and the department shall keep a correct and complete record of all permits issued.

(3) A person may feed game animals only as provided in this section. Any person may procure a separate permit to operate each 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 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) Any grain used in feeders shall be certified to be aflatoxin free.

(b) No 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 at least three hundred (300) feet from any adjacent property line.

(e) 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.

(5) (a) The commission may promulgate rules and regulations to implement this sectionand may establish fees for feeder permits and decals for each feeder.

(b) The commission may suspend the use of feeders or prohibit their use because of disease or any other cause if any game population is threatened.

(6) (a) A violation of this section constitutes a Class III violation and is punishable as provided in Section 49-7-101. If a person is convicted of a third or subsequent violation within the license year, the violation shall be a Class II violation and punishable as provided in Section 49-7-143.

(b) If a person is convicted of feeding without a permit or using a nonpermitted feeder, the violation is a Class II violation punishable as provided in Section 49-7-143 and, in addition, the person shall forfeit his hunting, fishing and trapping privileges for the remainder of the license year.

(7) The requirements of this section are for the feeding of game animals only.

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.