MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Hill

Senate Bill 2922

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 49-7-26, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ESTABLISH A MANDATORY HARVEST REPORTING PROGRAM FOR WHITE-TAILED DEER AND TURKEY TO COLLECT AND COMPILE HARVEST DATA TO ASSIST IN THE FORMULATION OF THE WILDLIFE RESOURCE CONSERVATION POLICY FOR THE STATE; TO REQUIRE SPORTSMEN TO REPORT THE HARVEST WITHIN 72 HOURS AFTER THE HARVEST; TO PROVIDE THAT THE REPORTING REQUIREMENT SHALL NOT APPLY TO DEER HARVESTED ON PRIVATE LANDS THAT ARE UNDER THE DEER MANAGEMENT ASSISTANCE PROGRAM; TO PROVIDE THAT NO FUNDS APPROPRIATED TO THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL BE EXPENDED ON A TAGGING REPORTING PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-26, Mississippi Code of 1972, is amended as follows:

     49-7-26.  (1) * * *(a)  The * * * department commission * * * may shall develop, implement and regulate a * * * tagging and mandatory harvest reporting program for white-tailed deer and/or turkey to collect and compile harvest data * * *and monitor bag limit compliance by any means as provided in this section.

  (b)  The department may charge a fee for the tagging program of such quality and quantity as to be able to assist the Legislature and the commission in formulating the wildlife resource conservation policy for the State of Mississippi.  The harvest reporting program authorized by this section shall be a system that will be simple and usable by all hunters so as to promote compliance and accurate reporting and may include, but not be limited to, such means as a mobile smart phone application, online web-based reporting, or such other electronic or digital methods that promote ease of use by hunters.

     (2)  Hunters shall report deer and turkey that they harvest within seventy-two (72) hours after the harvest.  This subsection shall not apply to deer harvested on private lands that are under the Deer Management Assistance Program (DMAP).

     ( * * *c3)  The department shall provide an annual report regarding the harvest reporting program to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives.

 * * * (2)  (a)  The department may establish a tagging and reporting program for deer harvested by nonresidents.

  (b)  A nonresident who violates any law or regulation of the nonresident deer tagging program shall be subject to the fine and forfeiture penalties provided for a nonresident hunting without a license under Section 49‑7‑21.  In addition, a nonresident shall be assessed the administrative fee prescribed in this section.

(3)  (a)  The department may establish a tagging and reporting program for turkey.

  (b)  A person who violates any law or regulation of the turkey tagging program is guilty of a Class III violation and shall be subject to the fines provided in 49‑7‑101.  In addition, a person shall be assessed the administrative fee prescribed in this section.

(4)  (a)  A person convicted of a first violation of the tagging program shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which shall be imposed and collected upon conviction.  A person convicted of a second or subsequent violation shall be assessed an administrative fee of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), which shall be imposed and collected upon conviction.

  (b)  The clerk of the court shall collect and deposit the administrative fees with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection and deposit of state assessments under Section 99‑19‑73.

  (c)  The administrative fees shall be credited to the Department of Wildlife, Fisheries and Parks and may be expended by the department upon appropriation by the Legislature.

     ( * * *54)  Each * * *deer or turkey taken or possessed in violation of the tagging program violation of this section or of any rule or regulation promulgated under this section is a separate offense.  A violation of this section is a Class III violation and shall be punished as provided for in Section 49-7-101(1).

     SECTION 2.  No funds appropriated to the Mississippi Department of Wildlife, Fisheries and Parks shall be expended on a tagging program to report the harvesting of wildlife.

     SECTION 3.  This act shall take effect and be in force from and after March 1, 2019.