HB1089_S_Cmte_Amend

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.

(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) 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 hunters 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. 1089, 2006 Regular Session.

(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 4. Section 49-7-41, Mississippi Code of 1972, is amended as follows:

49-7-41. * * *

* * * It is unlawful for a nonresident to kill an antlerless deer except: * * * a nonresident may take antlerless deer on lands that the title is vested in the nonresident or on lands that the nonresident has leased the hunting and fishing rights * * * and a nonresident who has a native son or daughter nonresident lifetime sportsman license or a resident lifetime sportsman license may take antlerless deer on private lands, wildlife management areas or national wildlife refuges.

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SECTION 5. The following shall be codified as Section 49-7-28, Mississippi Code of 1972:

49-7-28. The commission may establish open seasons and bag limits on any wildlife under its jurisdiction, unless the seasons or bag limits are established by statute.

SECTION 6. Section 49-7-30, Mississippi Code of 1972, which established the season for taking nongame gross fish by hand or rope, is repealed.

SECTION 7. Section 49-7-31, Mississippi Code of 1972, which establishes the season on deer, is repealed.

SECTION 8. Section 49-7-31.2, Mississippi Code of 1972, which establishes the season on game birds, is repealed.

SECTION 9. Section 49-7-31.3, Mississippi Code of 1972, which establishes the season on game animals other than deer, is repealed.

SECTION 10. Section 49-7-31.4, Mississippi Code of 1972, which establishes the season on fur-bearing animals, is repealed.

SECTION 11. Section 49-11-13, Mississippi Code of 1972, which establishes the season for shooting preserves, is repealed.

SECTION 12. This act shall take effect and be in force from and after July 1, 2006.

AN ACT TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE THE FEEDING OF WILD ANIMALS; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE THE TAKING OF WILD ANIMALS BY USE OF FEED; TO PROVIDE FOR THE REPEAL OF SUCH AUTHORITY; TO AUTHORIZE THE COMMISSION TO REGULATE THE USE OF FEED, AMPLIFIED RECORDINGS, LURE AND OTHER ATTRACTANTS WHEN TAKING GAME; TO AMEND SECTION 49-7-33, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON THE TAKING OF WILD ANIMALS OR BIRDS WITH THE USE OF BAIT IF THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS ALLOWS THE USE OF BAIT; TO CREATE A NEW SECTION 49-7-28, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ESTABLISH SEASONS AND BAG LIMITS; TO AMEND SECTION 49-7-41, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTIONS 49-7-30, 49-7-31, 49-7-31.2, 49-7-31.3, 49-7-31.4 AND 49-11-13, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH VARIOUS OPEN SEASONS; AND FOR RELATED PURPOSES.