MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Sojourner

Senate Bill 2446

AN ACT TO REPEAL SECTION 49-7-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR RESIDENT HUNTING AND FISHING LICENSES AND THE FEE FOR EACH LICENSE; TO REPEAL SECTION 49-7-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR RESIDENT FISHING LICENSES AND THE FEE FOR EACH LICENSE; TO AMEND SECTION 49-7-20, MISSISSIPPI CODE OF 1972, TO CONFORM HUNTER EDUCATION REQUIREMENTS; TO AMEND SECTION 49-7-20.1, MISSISSIPPI CODE OF 1972, TO CONFORM REQUIREMENTS THAT CERTAIN CHILDREN WHO ARE REQUIRED TO BE SUPERVISED BY HUNTER OVER THE AGE OF 21; TO AMEND SECTION 49-7-37, MISSISSIPPI CODE OF 1972, TO DELETE THE RESIDENT HUNTING LICENSE AND FEE; TO AMEND SECTION 49-7-38, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-5, Mississippi Code of 1972, which establishes resident hunting and fishing licenses and the fees for each license, is repealed.

     SECTION 2.  Section 49-7-9, Mississippi Code of 1972, which establishes resident fishing licenses and the fees for each license, is repealed.

     SECTION 3.  Section 49-7-20, Mississippi Code of 1972, is amended as follows:

     49-7-20.  (1)  It is unlawful for any person born on or after January 1, 1972, to * * * procure any Mississippi hunting license, except a resident apprentice hunting license and a resident combination small game hunting and fishing license, hunt unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

 * * * (2)  It is unlawful for any person to issue any Mississippi hunting license, except a resident apprentice hunting license and  resident combination small game hunting and fishing license, to any person born on or after January 1, 1972, unless the purchaser has provided valid certification of satisfactory completion of a hunter education course approved by the department.

     ( * * *32)  It is unlawful for any person to fraudulently obtain a hunter education certification.

     ( * * *43)  The department may revoke * * * any hunting license or hunter education certification the hunting privileges upon determination that the holder * * * was not entitled to issuance or obtained the * * * license or certification by any fraudulent means.

 * * *

     (5)  It is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

     SECTION 4.  Section 49-7-20.1, Mississippi Code of 1972, is amended as follows:

     49-7-20.1.  (1)  (a)  To reduce hunting accidents of children under license age, to protect the safety of these children and to promote hunter safety, a child at least twelve (12) years of age and under sixteen (16) years of age must have a certificate of satisfactory completion of a hunter education course approved by the department before hunting in this state.

          (b)  A child at least twelve (12) years of age and under sixteen (16) years of age may hunt without having the certificate of hunter education required under this subsection if the child is in the presence and under the direct supervision of a * * *licensed or exempt hunter at least twenty-one (21) years of age when hunting.

     (2)  A child under the age of twelve (12) must be in the presence and under the direct supervision of a * * *licensed or exempt hunter at least twenty-one (21) years of age when the child is hunting.

 * * * (3)  A licensed hunter supervising a child as provided in this section must hold a valid Mississippi license for the species being hunted.

     ( * * *43)  There is no penalty for a violation of this section, but to protect the safety of the child a conservation officer may require the child to end the hunt and may unload the firearm and may take the firearm and the child to an adult.

     SECTION 5.  Section 49-7-37, Mississippi Code of 1972, is amended as follows:

     49-7-37.  (1)  Any resident of this state * * *licensed to hunt or otherwise may take any legal game bird or game animal in this state by or with the use of firearms, may hunt, kill, shoot or otherwise take game animals or game birds by the use of falcons or hawks as may be prescribed by the commission and in compliance with federal guidelines.

     (2)  The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations.

     (3)  The killing by primitive firearms of an antlerless deer or any other deer protected during the regular deer season is prohibited, but the commission may designate areas of the state in which the killing of antlerless deer may be permitted or limited.

     (4)  The commission may make reasonable rules and regulations concerning the special seasons with falcons and hawks, bow and arrow and primitive firearms which it deems necessary and proper.  The commission shall define the term "primitive firearm" for purposes of this section and other law or regulation.

     (5)  The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons.

 * * * (6)  In addition to a hunting license allowing the taking of deer, any resident desiring to hunt deer with bow and arrow or primitive firearm during primitive weapon or archery season or special hunts established by the commission shall purchase a special resident archery and/or primitive firearms license at a fee of Fourteen Dollars ($14.00) for each license plus the fee provided in Section 49‑7‑17.

     ( * * *76)  Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     ( * * *87)  All seasons provided for herein shall begin on Saturday.

     SECTION 6.  Section 49-7-38, Mississippi Code of 1972, is amended as follows:

     49-7-38.  (1)  Any resident may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.

     (2)  When hunting during any gun season on deer, the hunter must comply with Section 49-7-31.1.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2015.

---