Senate Bill 2708

AN ACT TO AMEND SECTION 49-7-1, MISSISSIPPI CODE OF 1972, TO CHANGE PREDATORY CLASS OF ANIMALS TO NUISANCE CLASS; TO AMEND SECTION 49-7-31.5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE TRAPPING OF SUCH ANIMALS; TO AMEND SECTION 49-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

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

49-7-1. For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

(a) The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

(b) The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, skunks, weasels, minks, raccoons and bobcats; all others shall be deemed nuisance animals.

(c) All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) - including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) - including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) - including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including - white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).

The following fishes are classed as nongame gross fish: in the Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) - channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family - spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) - American eel (Anguilla rostrata); in the Bowfin family (Amiidae) - bowfin (Amia calva); in the Paddlefish family (Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker family (Catostomidae) - river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) - freshwater drum (Aplodinotus grunniens).

All fishes native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fishes.

All fishes native to foreign countries and all fishes native to the United States but not native to Mississippi are classed as non-native fishes.

(d) The following are classed as game birds: geese, brant and river and sea ducks, rails, coots, sora, snipe, woodcock, sandpipers, tattlers, plovers, wild turkey, quail and doves.

All other species of wild resident or migratory birds are classed as nongame birds.

(e) Closed season: the time during which birds, animals or fish may not be taken.

(f) Open season: the time during which birds, animals or fish may be lawfully taken.

(g) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

(h) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.

(i) "Executive director" means the Executive Director of the Department of Wildlife, Fisheries and Parks.

SECTION 2. Section 49-7-13, Mississippi Code of 1972, is amended as follows:

49-7-13. (1) Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper's license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17. This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper.

(2) No person shall trap on the lands of anotherunless he has the permission of the landowner.

(3) Each trap shall have an identification number permanently inscribed on the trap or attached to the trap by a metal tag. Every trapper shall visit his traps at least every thirty-six (36) hours. The conservation officer may take up any traps not properly marked.

(4) No person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways.

(5) This section shall not apply to a landowner trapping on his own lands except subsection (4).

(6) A trapper shall be allowed to trap fur-bearing * * * animals during trapping season, and sell the pelts of fur-bearing and nuisance animals during the trapping season and for ten (10)days after the close of the season. The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for ten (10) days after the close of the season.

SECTION 3. Section 49-7-31.5, Mississippi Code of 1972, is amended as follows:

49-7-31.5. (1) (a) The hunting of nuisance 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 nuisance animals year-round on lands owned or leased by them.

(2) The taking of any animal or animals other than beavers, nutria, wild hogs 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 4. This act shall take effect and be in force from and after its passage.