MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Wildlife, Fisheries and Parks

By: Representatives Carpenter, Alday, Arnold, Boyd, Monsour, Rushing

House Bill 864

AN ACT TO AMEND SECTIONS 49-7-31.5 AND 49-7-140, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE TRANSPORTATION OR RELOCATION OF LIVE WILD HOGS WITHIN THE STATE; TO PROVIDE THAT THE LAWS SHALL NOT BE CONSTRUED TO PROHIBIT THE TRANSPORTATION OF DOMESTIC SWINE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-31.5, Mississippi Code of 1972, is amended as follows:

     49-7-31.5.  (1)  The hunting, trapping and taking of nuisance animals shall be regulated by the commission.  The commission may adopt regulations to regulate the hunting, trapping and taking of nuisance animals and to control the population of nuisance animals.

          (2)  (a)  Landowners, agricultural leaseholders or their designated agents may take predatory and nuisance animals year-round on lands owned or leased by them.

          (b)  Landowners, agricultural leaseholders or their designated agents may take nuisance animals with any type of weapon and may take nuisance animals during the night after legal hunting hours on lands owned or leased by them with a permit issued by the department.

          (c)  No license is required for a resident landowner hunting or trapping nuisance animals on his own land.  An agricultural leaseholder, designated agent and any other person must possess either an all-game hunting license or trapping license, unless otherwise exempt.

     (3)  The taking of any animal or animals other than nuisance animals 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.

     (4)  Nuisance animals may be run, chased or pursued with dogs, except as provided in Section 49-7-32, year-round by licensed hunters.

     (5)  Nuisance animals may be hunted with the aid of electronic calls.

     (6)  Nuisance animals may be hunted or trapped with the aid of bait and lures, on private lands, according to regulations adopted by the commission.

     (7)  Any part of a nuisance animal may be bought and sold year-round.

     (8)  (a)  Wild hogs may not be caught or trapped and released * * *into the wild at a location different from the location where the wild hog was caught or trapped.

          (b)  A violation of this subsection is a Class I violation and is punishable as provided under Section 49-7-141.

     (9)  When hunting wild hogs during any open gun season on deer, a hunter must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange.

     SECTION 2.  Section 49-7-140, Mississippi Code of 1972, is amended as follows:

     49-7-140.  (1)  No person may import into the state or release into the wild, any live feral hog, wild swine or Russian Boar.

     (2)  No person may transport or relocate within the state any live feral hog, wild swine or Russian Boar * * * and release the hog into the wild.

     (3)  For the purposes of this section, "feral hogs, wild swine or Russian Boar" are defined as any hog that is not a domesticated pet or livestock * * *; and "released into the wild" is defined as being able to move about freely to adjoining land.

     (4)  A violation of this section is a Class I violation punishable as provided in Section 49-7-141.

     (5)  Nothing in this section shall be construed to prohibit the lawful transport of domestic swine for customary and ordinary purposes of intrastate or interstate commerce, or agricultural practices.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2014.