House Bill 718

AN ACT TO AMEND SECTIONS 49-7-8 AND 49-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ISSUE A RESIDENT HUNTING AND FISHING LICENSE TO CERTAIN NONRESIDENTS WHO RESIDE IN AN OUT-OF-STATE COUNTY ADJACENT TO ANY MISSISSIPPI COUNTY; TO REQUIRE THAT THE COMMISSION CHARGE THE SAME FEE FOR THE ISSUANCE OF LICENSES TO SUCH NONRESIDENTS AS IS CHARGED TO RESIDENTS; TO AUTHORIZE THE COMMISSION TO ENTER INTO A RECIPROCAL AGREEMENT WITH THE COMMISSION ON WILDLIFE CONSERVATION AND THE COMMISSION ON GAME AND FISH OF ADJACENT STATES PROVIDING FOR THE ACCEPTABLE RECOGNITION OF RULES AND REGULATIONS BY THE GAME AND FISH COMMISSIONS OR THE CONSERVATION COMMISSIONS OF EACH OF THE STATES; TO REQUIRE EACH ADJACENT STATE TO ASSESS EACH QUALIFYING NONRESIDENT APPLYING FOR LICENSURE THE AMOUNT EQUAL TO FEES CHARGED RESIDENTS FOR THE ISSUANCE OF HUNTING AND FISHING LICENSES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-8, Mississippi Code of 1972, is amended as follows:

49-7-8. (1) (a) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) Nonresidents sixteen (16) years of age or older who reside in an out-of-state county adjacent to any Mississippi county shall be authorized to purchase a resident license issued by the Mississippi Commission on Wildlife, Fisheries and Parks, at the same fee rate authorized under Section 49-7-5, which must be in his immediate possession while engaged in such hunting or fishing activities in the state.

(2) The commission shall have the following duties and powers:

(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

(b) To determine the total number of each type of nonresident license to be issued annually;

(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);

(d) To exercise all incidental powers necessary to develop a nonresident licensing program.

(3) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).

SECTION 2. Section 49-7-5, Mississippi Code of 1972, is amended as follows:

49-7-5. (1) (a) Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Seventeen Dollars ($17.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state.

(b) Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Eight Dollars ($8.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state.

(c) Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman's license for the sum of Thirty-two Dollars ($32.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Thirty-two Dollars ($32.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission's records, and the licensee must apply to be placed on the renewal list.

(d) In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman's licensee or resident lifetime sportsman licensee may hunt during the fall turkey season without purchasing a permit.

(e) The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting.

(2) (a) Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing.

(b) Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission.

(c) All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.

(d) The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses.

(3) No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.

(4) Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter.

(5) Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.

(6) Notwithstanding any other provisions to the contrary, any nonresident sixteen (16) years of age or older who resides in an out-of-state county adjacent to any Mississippi county shall be authorized to purchase a resident license issued by the Mississippi Commission on Wildlife, Fisheries and Parks, under subsection (1) of this section.

SECTION 3. (1) The commission may negotiate with wildlife conservation commissions and game and fish commissions of Alabama, Arkansas, Louisiana and Tennessee to effectuate a reciprocity agreement with these commissions providing that the hunting and fishing licenses and the rules and regulations governing hunting and fishing issued for interstate adjacent counties shall be acceptable and recognized by the game and fish commissions or the conservation commission of each of the states participating in the reciprocity agreement, when hunters or fishermen hold a current license issued by the state game and fish commissions or the conservation commission of the state in which he is domiciled, when hunting or fishing in the territory of the adjacent state.

(2) The commissions shall agree, in the reciprocal agreement, to issue a resident license to nonresidents of the state who reside in an out-of-state county adjacent to the state's boundary. However, the license issued to such nonresidents shall not exceed the cost for the issuance of resident hunting or fishing licenses. Nonresident applicants for licensure under the provisions of this section must present any information required by the issuing state's commission establishing proof of residency at the time of application.

SECTION 4. This act shall take effect and be in force from and after July 1, 2014.