MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Ward

Senate Bill 2146

AN ACT TO AMEND SECTION 49-7-41, MISSISSIPPI CODE OF 1972, TO  GRANT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS PLENARY AUTHORITY TO SET THE BAG LIMITS FOR WHITE-TAILED DEER AND PROMULGATE ANY REGULATIONS NECESSARY THEREFOR, CONSISTENT WITH BEST MANAGEMENT PRACTICES, SCIENTIFIC DATA AND SUBJECT TO APPLICABLE EXISTING LAW, RULES AND REGULATIONS OF THIS STATE OR THE UNITED STATES OF AMERICA; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-41, Mississippi Code of 1972, is amended 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.  The commission may regulate the taking of deer with antlers of four (4) points or less for the proper management of antlered deer.

  (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 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)  For hunters less than sixteen (16) years of age, one (1) of the three (3) buck bag limit may be any antlered buck.

(3)  (a)  The bag limit on antlerless deer is one (1) per day, not to exceed five (5) per license year.  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. The commission shall have plenary authority to set the bag limits for white-tailed deer and promulgate any regulations necessary therefor, consistent with best management practices, scientific data and subject to applicable existing law, rules and regulations of this state or the United States of America.

     ( * * *42) * * *The Any bag limit on antlerless white-tailed deer set by the commission pursuant to 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 2.  This act shall take effect and be in force from and after July 1, 2014.

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