House Bill 1089

(COMMITTEE SUBSTITUTE)

AN ACT TO DIRECT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ESTABLISH A PILOT PROJECT ALLOWING THE HUNTING OF DEER OVER GRAIN OR SUPPLEMENTAL FOOD IN AMITE, CLARKE, FORREST, GEORGE, GREENE, HARRISON, JACKSON, JASPER, JEFFERSON DAVIS, JONES, KEMPER, LAMAR, LAUDERDALE, MARION, NESHOBA, NEWTON, PEARL RIVER, PERRY, PIKE, SMITH, STONE, WALTHALL, WAYNE AND WILKINSON COUNTIES; TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO FILE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS WITH THE CHAIRMAN OF THE HOUSE WILDLIFE, FISHERIES AND PARKS COMMITTEE AND THE CHAIRMAN OF THE SENATE WILDLIFE, FISHERIES AND PARKS COMMITTEE AND TO INCLUDE IN ITS REPORT ITS RECOMMENDATION AS TO THE FEASIBILITY OF ESTABLISHING THE PILOT PROJECT ON A STATEWIDE BASIS; TO AMEND SECTION 49-7-33, MISSISSIPPI CODE OF 1972; TO PRESCRIBE A PENALTY FOR HUNTING DEER OVER GRAIN EXCEPT AS AUTHORIZED BY THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The Commission on Wildlife, Fisheries and Parks shall establish a pilot project allowing the hunting of deer over grain or supplemental food. The project shall be limited to Amite, Clarke, Forrest, George, Greene, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Marion, Neshoba, Newton, Pearl River, Perry, Pike, Smith, Stone, Walthall, Wayne and Wilkinson Counties, and shall be managed and conducted strictly in accordance with such rules and regulations as the commission may establish. The commission may require a person desiring to participate in the pilot project to obtain a permit for such privilege but may not charge or collect a fee for such permit. The commission shall have the Department of Wildlife, Fisheries and Parks study and analyze all relevant data and issues with regard to the project, including, but not limited to, the impact that the project has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the project are successful in harvesting deer and are supportive of the project, the perception of the project by the general public, and the extent to which the project has a favorable impact on economic development and tourism.

On or before the first day of the 2008 Regular Session of the Legislature, the department shall file a report of its findings and recommendations concerning the pilot project with the Chairman of the House Wildlife, Fisheries and Parks Committee and the Chairman of the Senate Wildlife, Fisheries and Parks Committee. The department shall include in its report its recommendation as to the feasibility of establishing the pilot project on a statewide basis.

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

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

(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.

(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.

(4) Any person who violates this section and does not have the permit provided in Section 1 of this act commits a misdemeanor punishable as a class III violation as provided under Section 49-7-101.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006, and shall stand repealed on July 1, 2010.