House Bill 891

AN ACT TO AMEND SECTION 49-4-41, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS SHALL NOT HAVE THE AUTHORITY TO PLACE CERTAIN RESTRICTIONS ON TAKING OF DEER WITH THE USE OF SUPPLEMENTAL FEED ON PRIVATE LANDS; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ASSESS AN ANNUAL FEE ON THE LANDOWNER, LESSEE OF THE HUNTING RIGHTS OR A HUNTING CLUB LEASING THE HUNTING RIGHTS FOR USE OF SUPPLEMENTAL FEED TO TAKE DEER; TO AMEND SECTION 49-7-33.1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-4-41, Mississippi Code of 1972, is amended as follows:

49-4-41. (1) (a) The Commission on Wildlife, Fisheries and Parks shall regulate the feeding of wild animals and game birds outside of wildlife enclosures and shall have plenary authority in matters related to such feeding of wild animals and game birds. * * *, except the Commission on Wildlife, Fisheries and Parks shall not have the authority and is prohibited from adopting regulations that:

(i) Specify the type of feed that is used to feed white-tailed deer on private lands;

(ii) Specify the distance a hunter must be from the feeder; and

(iii) Specify that the feeder be hidden from view and not within the line of sight of a hunter.

(b) The authority to regulate feeding shall not apply to planted food plots and natural habitat management.

(2) The Commission on Wildlife, Fisheries and Parks may charge an annual fee of Twenty Dollars ($20.00) to the landowner, lessee of the hunting rights on the land, or a hunting club leasing the hunting rights on the land to take deer with the use of supplemental feed.

( * * *23) The commission may take any action it deems necessary and may use its emergency powers to prevent, control or eradicate disease resulting from the feeding of wild animals and game birds.

( * * *34) A violation of this section or any regulation of the commission promulgated to prevent, control or eradicate disease is a Class II violation and is punishable as provided in Section 49-7-143.

SECTION 2. Section 49-7-33.1, Mississippi Code of 1972, is amended as follows:

49-7-33.1. (1) (a) The Commission on Wildlife, Fisheries and Parks shall allow the taking of deer with the use of supplemental feed and may place any reasonable conditions or restrictions on such taking. The Commission on Wildlife, Fisheries and Parks shall not have the authority to adopt those regulations prohibited under Section 49-4-41 related to the feeding and taking of white-tailed deer on private lands.

(b) The Commission on Wildlife, Fisheries and Parks shall establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the use of supplemental feed.

(2) The commission shall take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the use of supplemental feed.

(3) (a) The Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the supplemental feed program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism.

(b) The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the use of supplemental feed.

(4) A violation of this section or any regulation of the commission promulgated under this section shall be punishable as a Class II violation as defined in Section 49-7-143, and if the violator is a nonresident, then upon conviction, he or she shall lose the opportunity to obtain a nonresident license as defined in Section 49-7-8.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.