House Bill 1152

AN ACT TO AMEND SECTION 49-7-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO DESIGNATE CERTAIN SECTIONS WITHIN SELECTED WILDLIFE MANAGEMENT AREAS AS ZONES FOR HUNTING DEER WITH DOGS DURING ANY REGULATED DEER SEASON; TO AMEND SECTION 49-7-31.5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION TO DESIGNATE CERTAIN SECTIONS WITHIN SELECTED WILDLIFE MANAGEMENT AREAS AS ZONES FOR HUNTING WILD HOGS WITH DOGS; TO REQUIRE HUNTERS WHEN HUNTING WILD HOGS DURING ANY SEASON ESTABLISHED BY THE COMMISSION FOR HUNTING DEER ON WILDLIFE MANAGEMENT AREAS, TO WEAR IN FULL VIEW AT LEAST FIVE HUNDRED SQUARE INCHES OF SOLID UNBROKEN FLUORESCENT ORANGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-31, Mississippi Code of 1972, is amended as follows:

49-7-31. (1) The open season on deer shall be as follows:

(a) With bow and arrow: October 1 through the Friday prior to Thanksgiving.

(b) With guns and with dogs: from the Saturday prior to Thanksgiving through December 1.

(d) With guns and without dogs: December 16 through December 23. However, the commission may allow hunting statewide or in specific areas with any legal weapon which it may designate without dogs after the end of the last season for hunting deer with guns and with dogs, but the season with legal designated weapons and without dogs shall not extend beyond January 31.

(e) The commission shall establish an extended season with primitive weapons and bow and arrow without dogs from February 1 through February 15 for the area south of U.S. Highway 84 and east of Mississippi Highway 35 only for legal bucks. Any antlered deer taken in this area during any open season under this section must be a legal buck as defined in this paragraph. For purposes of this paragraph, the term "legal buck" means a deer with antlers of four (4) points or more with a minimum inside spread of ten (10) inches or a minimum main beam length of thirteen (13) inches. The commission may regulate the taking of deer with antlers of four (4) points or less under this paragraph for the proper management of antlered deer. The commission may delay the opening date and change the length of bow and arrow season in subsection (1)(a) in this area.

(f) With guns and with dogs: December 24 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns and with dogs when added to the number of days provided for hunting deer with guns and with dogs in paragraph (b).

(2) (a) The commission may set and regulate the deer seasons on wildlife management areas which it administers.

(b) The commission may designate certain sections by establishing specific boundaries within selected wildlife management areas which it administers as zones for hunting deer with dogs during any regulated deer season set by the commission for that wildlife management area.

(3) (a) The commission may allow the harvesting of antlerless deer in the districts or zones upon the recommendation of the executive director based upon good and substantial quantitative data and research evaluations that demonstrate that the harvesting is necessary to properly manage the herd.

(b) The commission, only upon the recommendation of the executive director, may allow the harvesting of antlerless deer during the deer season with guns and with dogs by a majority vote of the commission.

(c) Nothing in this subsection prohibits the harvesting of either-sex deer by landowners or leaseholders on private lands under the deer management assistance program prescribed or approved by the executive director.

(4) The commission may provide a special permit for the harvesting of deer when they are depredating and destroying crops. The department shall supervise the harvesting and provide for the salvaging of the meat of the animals. The commission may authorize the department to assist any farmer in this state, who sustains crop damage by wildlife, in eradication of the problem wildlife.

(5) (a) During any open season on deer with primitive weapons after November 30, a person may use any legal weapon of choice on private lands only, if the person is:

(i) The title owner of the land;

(ii) The lessee of the hunting rights on the land;

(iii) A member of a hunting club leasing the hunting rights on the land; or

(iv) A guest of a person specified in subparagraph (i), (ii) or (iii).

(b) If the person is required to have a hunting license, the person must have a primitive weapon license, Sportsman's License or a Lifetime Sportsman's License.

SECTION 2. 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.

(d) No license is required for a recipient of the Purple Heart Medal for wounds suffered in combat, to hunt nuisance animals on private lands. Persons exempt from purchasing a hunting license under this paragraph shall have in their possession and on their person a copy of their DD-214 discharge form indicating the receipt of the Purple Heart Medal and any proof as may be required by the commission or the Department of Wildlife, Fisheries and Parks, while engaged in such activities.

(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) (a) Wild hogs may be caught or trapped and transported within the State of Mississippi, with a permit, issued by the Mississippi Department of Wildlife, Fisheries and Parks. Wild hogs may not be released or removed alive from any mobile device or vehicle, except that wild hogs may be released alive for the purpose of slaughter into an enclosure no larger than five hundred (500) square feet in size and constructed in a manner that prevents the escape of any wild hog, or to a facility where the hog may be immediately prepared for slaughter. The commission shall promulgate rules and regulations for the issuance of a hog transportation permit consistent with this subsection, provided that the authority to issue such a permit is based on the determination that the individuals, at the time of requesting such permit:

(i) Does not have a history of repeat hunting offenses; or

(ii) Has not had his or her hunting privileges revoked.

(b) Any person transporting a live wild hog within the State of Mississippi must first obtain from the Mississippi Department of Wildlife, Fisheries and Parks, a live wild hog transportation permit, as provided above, for each wild hog being transported.

(c) A violation of any regulation of the commission promulgated under the authority provided in this section shall be a Class II violation, per each animal in violation, and punishable as provided in Section 49-7-143. In addition to the penalties provided therein, upon conviction, the violator shall forfeit all hunting, trapping and fishing privileges for a period of one (1) year from the date of conviction.

(10) 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.

(11) The commission may designate certain sections, by establishing specific boundaries within selected wildlife management areas over which it has jurisdiction and administers, as zones for hunting wild hogs with dogs. However, when hunting wild hogs during any season established by the commission for hunting deer in wildlife management areas, a hunter must adhere to the safety requirement prescribed by subsection (10) of this section.

( * * *1112) This section shall stand repealed on July 1, 2017.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.