MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Blackwell
AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL TO HUNT DEER WITH DOGS EXCEPT DURING SUCH SPECIAL OPEN SEASONS FOR THE HUNTING OF DEER WITH DOGS AS MAY BE DESIGNATED BY THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS ON A STATEWIDE, REGIONAL, OR LOCAL BASIS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO HUNT DEER WITH DOGS ON ANY TRACT OF REAL PROPERTY UNLESS A PERMIT FOR HUNTING DEER WITH DOGS HAS BEEN ISSUED BY THE DEPARTMENT FOR THE TRACT TO THE OWNER OR OWNERS OF THE TRACT OR THE LESSEE OF DEER HUNTING RIGHTS FOR THE TRACT; TO PROVIDE THAT SUCH PERMIT SHALL NOT BE ISSUED UNLESS THE TRACT OF LAND CONSISTS OF A CERTAIN NUMBER OF CONTIGUOUS ACRES; TO PROVIDE THE FEE FOR SUCH PERMIT; TO PROVIDE THAT CERTAIN INFORMATION MUST BE CONTAINED ON A TAG ON THE COLLARS OF DOGS UTILIZED TO HUNT DEER; TO PROVIDE THAT A PERSON WHO HUNTS DEER WITH DOGS MUST OBTAIN AND POSSESS A DEER-DOG HUNTING LICENSE IN ADDITION TO ALL OTHER REQUIRED HUNTING LICENSES AND PERMITS; TO PROVIDE THE FEE FOR SUCH LICENSE; TO PROVIDE THAT IT SHALL BE UNLAWFUL TO RELEASE OR PLACE A DOG, FOR THE PURPOSE OF HUNTING DEER, UPON OR ONTO A PUBLIC RIGHT-OF-WAY WITHOUT THE PERMISSION OF ALL THE LANDOWNERS WHOSE PROPERTY ADJOINS THE RIGHT-OF-WAY WITHIN FIFTY FEET OF THE LOCATION AT WHICH THE DOG IS RELEASED OR PLACED; TO AMEND SECTIONS 49-7-27 AND 49-7-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the commission on a statewide, regional, or local basis.
(2) In accordance with subsection (1) of this section, the commission is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles.
(3) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for the tract to the owner or owners of the tract or the lessee of deer-hunting rights for the tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer-hunting rights for any tract of real property that is less than one thousand (1,000) contiguous acres or to the property owner or owners for any tract of real property that is less than three hundred (300) contiguous acres. Permits shall authorize hunting with dogs on the tract described in the permit. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. An application for a permit under this section must be received at least thirty (30) days prior to hunting deer with dogs and the permit fee shall be One Hundred Dollars ($100.00).
(4) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. All dogs utilized for hunting deer shall wear a collar with a tag that contains the name, address and telephone number of the person utilizing the dog.
(5) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two (2) inches high.
(6) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this section or rules and regulations issued pursuant to this section. The commission may take action against a permit holder as provided in Section 49-7-27 for violations of the provisions of this section or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued.
(7) Any person sixteen (16) years of age or older, including, without limitation, any person hunting on his or her own property, who hunts deer with dogs must obtain and possess a deer-dog hunting license in addition to all other required hunting licenses and permits. The license fee for such deer-dog license shall be Five Dollars ($5.00) for a one-year period.
(8) In addition to the provisions of subsection (7) of this section, the commission may revoke a deer-dog hunting license for any hunter who, within a single hunting season, commits two (2) or more violations of dogs off of permitted property.
(9) It shall be unlawful to release or place a dog, for the purpose of hunting deer, upon or onto a public right-of-way without the permission of all the landowners whose property adjoins the right-of-way within fifty (50) feet of the location at which the dog is released or placed.
SECTION 2. Section 49-7-27, Mississippi Code of 1972, is amended as follows:
49-7-27. (1) The
commission may revoke any hunting, trapping, or fishing privileges, license,
permit or deny any person the right to secure such license or permit
if the person has been convicted of the violation of any of the provisions of
this chapter or any regulation thereunder. The revocation of the privilege,
license or refusal to grant license shall be for a period of one (1) year.
However, before the revocation of the privilege * * *, license or permit shall
become effective, the executive director shall send by registered mail notice
to the person or licensee, who shall have the right to a hearing or
representation before the commission at the next regular meeting or a special
meeting. The notice shall set out fully the ground or complaint upon which
revocation of, or refusal to grant, the privilege * * *, license or permit is sought.
(2) Any person who is
convicted for a second time during any period of twelve (12) consecutive months
for violation of any of the laws with respect to game, fish or nongame fish or
animals shall forfeit his privilege * * *, any license * * *, licenses or permit issued to
him by the commission and the commission shall not issue the person any license
for a period of one (1) year from the date of forfeiture.
(3) Failure of any person
to surrender his license * * * or, licenses or permits upon demand made by the
commission or by its representatives at the direction of the commission shall
be a misdemeanor and shall be punishable as such.
(4) Any violator whose
privilege * * *,
license or permit has been revoked, who shall, during the period of
revocation, be apprehended for hunting or fishing, shall have imposed upon him
a mandatory jail term of not less than thirty (30) days nor more than six (6)
months.
(5) The commission is authorized to suspend any license or permit issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95, and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.
(7) (a) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the fishing, hunting or trapping privileges of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the fishing, hunting or trapping privileges of that person.
(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.
(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.
SECTION 3. 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 * * *: from the Saturday prior to
Thanksgiving through December 1.
(c) With primitive
weapons * * *: December 2 through December 15.
(d) With guns * * *: December 16 through December
23. However, the commission may allow hunting statewide or in specific areas
with any legal weapon which it may designate * * *, but the season with legal designated
weapons * * * shall not extend beyond January 31.
(e) The commission
shall establish an extended season with primitive weapons and bow and arrow * * * 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) * * *
The commission may designate special open seasons for hunting deer with dogs
on a statewide, regional or local basis as authorized in Section 1 of this act
during any season in which guns that are not primitive weapons may be used.
(2) The commission may set and regulate the deer seasons on wildlife management areas which it administers.
(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) 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 4. Section 1 of this act shall be codified in Chapter 7, Title 49, Mississippi Code of 1972.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.