HB0423_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 allow the taking of deer by the use of feed on private lands only. The commission may take any action it deems desirable and use its emergency powers to prevent the introduction of disease, to control disease and to manage the taking of deer by the use of feed.

(3) 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.

(4) A violation of this section or 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 punishable by a fine of Five Hundred Dollars ($500.00).

(5) This section shall repeal July 1, 2009.

SECTION 2. (1) The commission may establish open seasons and bag limits on any wildlife under its jurisdiction provided that the commission must allow no less than thirty-nine (39) days for hunting of deer with dogs unless otherwise provided by statute.

(2) This section shall repeal July 1, 2009.

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. 423, 2007 Regular Session. This paragraph shall repeal July 1, 2009.

(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.

* * *

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

[Through June 30, 2009, this section shall read 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.

* * *

[After June 30, 2009, this section shall read as follows:]

49-7-41. (1) The commission may set the bag limits for game animals, birds and fish, unless the bag limits are established by the Legislature by statute.

(2) (a) The bag limit on antlered deer is one (1) per day, not to exceed three (3) per license year. An antlered deer must have antlers of four (4) points or greater to be taken except as provided in paragraphs (b) and (c) of this subsection.

(b) Any antlered deer may be taken by permit when it is necessary to manage deer on lands under the deer management assistance program or wildlife management areas. A written management justification issued by the Department of Wildlife, Fisheries and Parks must accompany any request for such a permit. Any antlered deer harvested under this permit must be identified with a tag immediately upon possession. Antlered deer taken by permit shall not be subject to the daily bag limit or the annual bag limit on antlered deer. The department shall include a report on permits issued, to whom issued and deer harvested in the department's annual deer program report.

(c) One (1) antlered deer with less than four (4) points may be taken per license year on private lands by a person less than sixteen (16) years old.

(3) (a) The bag limit on antlerless deer is one (1) per day, not to exceed three (3) per license year; except that two (2) additional antlerless deer per license year may be taken with a bow and arrow. Antlerless deer may be taken only in the areas prescribed by order of the commission. It is illegal to take a spotted fawn in any season.

(b) It is unlawful for a nonresident to kill an antlerless deer except: (i) 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; or (ii) 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.

(4) The bag limit on antlerless deer set by this section shall not apply to private lands under the deer management assistance program or the fee-based antlerless program as approved by the department.

SECTION 5. Section 49-7-30, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-7-30. The commission shall set the season for taking nongame gross fish * * *.

[After June 30, 2009, this section shall read as follows:]

49-7-30. The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.

SECTION 6. Section 49-7-31, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-7-31. * * * The commission shall set the season on deer.

* * *

[After June 30, 2009, this section shall read as follows:]

49-7-31. (1) The open season on deer shall be as follows:

(a) With bow and arrow: October 1 through the Friday prior to Thanksgiving.

(b) With guns and with dogs: From the Saturday prior to Thanksgiving through December 1.

(d) With guns and without dogs: December 16 through December 23. However, the commission may allow hunting statewide or in specific areas with any legal weapon which it may designate without dogs after the end of the last season for hunting deer with guns and with dogs, but the season with legal designated weapons and without dogs shall not extend beyond January 31.

(e) The commission shall establish an extended season with primitive weapons and bow and arrow without dogs from February 1 through February 15 for the area south of U.S. Highway 84 and east of Mississippi Highway 35 only for legal bucks. Any antlered deer taken in this area during any open season under this section must be a legal buck as defined in this paragraph. For purposes of this paragraph, the term "legal buck" means a deer with antlers of four (4) points or more with a minimum inside spread of ten (10) inches or a minimum main beam length of thirteen (13) inches. The commission may delay the opening date and change the length of bow and arrow season in paragraph (1)(a) in this area.

(f) With guns and with dogs: December 24 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns and with dogs when added to the number of days provided for hunting deer with guns and with dogs in paragraph (b).

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

(3) (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.

(4) 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.

SECTION 7. Section 49-7-31.2, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-7-31.2. The commission shall set the season on game birds.

* * *

[After June 30, 2009, this section shall read as follows:]

49-7-31.2. The open season for game birds shall be as follows:

(a) On bobwhite quail: The season shall open on Thanksgiving Day and run through the first Saturday in March next following.

(b) On pheasant: There shall be no open season on pheasant.

(c) On wild turkey: The commission may fix the spring season between March 1 and May 15. In addition, the commission may fix special fall either-sex seasons.

(d) On migratory birds: The open season for migratory birds shall be the season prescribed by the Federal Migratory Bird Treaty regulations.

SECTION 8. Section 49-7-31.3, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-7-31.3 The commission shall set the season on game animals.

* * *

[After June 30, 2009, this section shall read as follows:]

49-7-31.3. The open season on game animals except deer shall be as follows:

(a) On squirrel:

(i) Zone 1: For areas north of Highway 82 plus those portions of Sunflower County and Washington County south of Highway 82 the season shall open on the Saturday nearest October 1 and run through February 28.

(ii) Zone 2: For areas between Highway 82 and Highway 84, plus such portions of the state south of Highway 84 and west of Interstate 55, the season shall open on the Saturday nearest October 15 and run through February 28.

(iii) Zone 3: For areas south of Highway 84 and east of Interstate 55 the season shall open on the last Saturday in October and run through February 28.

(b) On rabbits: The season shall open on the Saturday nearest October 15 and run through February 28 next following, and when rabbits are depredating or destroying crops, the owner of the crops or his tenants may shoot the rabbits with guns.

SECTION 9. Section 49-7-31.4, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-7-31.4. * * * The commission shall set the * * * season on fur-bearing animals * * *.

* * *

[After June 30 2009, this section shall read as follows:]

49-7-31.4. (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 10. Section 49-11-13, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2009, this section shall read as follows:]

49-11-13. The commission shall establish the season for shooting preserves * * *.

[After June 30, 2009, this section shall read as follows:]

49-11-13. The season for shooting preserves shall be for a period of seven (7) months beginning October 1 and ending April 30, except as further restricted by the operator.

SECTION 11. This act shall take effect and be in force from and after July 1, 2007.