House Bill 1410

AN ACT TO REQUIRE AN OWNER OF REAL PROPERTY OR LESSEE WITH HUNTING RIGHTS FOR REAL PROPERTY TO OBTAIN A PERMIT FROM THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO HUNT WITH DOGS ON ANY TRACT OF REAL PROPERTY; TO PROHIBIT A LESSEE OF REAL PROPERTY FROM OBTAINING A PERMIT FOR HUNTING WITH DOGS IF THE TRACT OF REAL PROPERTY IS LESS THAN 1,000 CONTIGUOUS ACRES; TO PROHIBIT AN OWNER OF REAL PROPERTY FROM OBTAINING A PERMIT FOR HUNTING WITH DOGS IF THE TRACT OF REAL PROPERTY IS LESS THAN 250 CONTIGUOUS ACRES; TO REQUIRE THE APPLICANT TO INCLUDE IN A PERMIT APPLICATION A WRITTEN DESCRIPTION OF THE TRACT BOUNDARIES AND A MAP SHOWING KEY FEATURES ON OR BORDERING THE TRACT AND OCCUPIED DWELLINGS ON ADJACENT PROPERTIES; TO REQUIRE THAT AN APPLICATION INCLUDE SIGNATURES OF ALL PERSONS OWNING ANY PORTION OF THE TRACT OF REAL PROPERTY; TO REQUIRE THE OWNER OF ANY DOG BEING USED FOR HUNTING TO PLACE THE PERMIT NUMBER FOR THE TRACT OF REAL PROPERTY BEING HUNTED ON THE COLLAR OF THE DOG; TO PROVIDE PENALTIES FOR FIRST AND SUBSEQUENT VIOLATIONS; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO PROMULGATE RULES AND REGULATIONS FOR THE ISSUANCE OF DOG HUNTING PERMITS; TO REQUIRE THE DEPARTMENT TO ENFORCE THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 49-5-5, 49-7-31.5, 49-7-37, 49-7-42 AND 49-7-65, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It is unlawful for a person to hunt with dogs on a tract of real property unless a permit has been issued by the Department of Wildlife, Fisheries and Parks for the tract of property to the owner of the property or the lessee who has hunting rights for the property. A permit for hunting with dogs shall not be issued to a lessee with hunting rights for any tract of real property that is less than one thousand (1,000) contiguous acres, or to the property owner for any tract of real property that is less than two hundred fifty (250) contiguous acres.

(2) An application for a permit for hunting with dogs shall be in a form prescribed by the department and the applicant shall include in the application a written description of the boundaries of the tract of real property, a map showing key features on or bordering the tract of real property and occupied dwellings on properties adjacent to the tract of real property. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent of such real property.

(3) The owner of any dog that is used for hunting must place the permit number for the tract of real property being hunted onto the dog's collar, and the dog must be identifiable with the permit number for the tract of property at all times during the hunt.

(4) A violation of this section, or any regulation of the Commission on Wildlife, Fisheries and Parks promulgated under this section, shall be punishable as a Class II violation as defined in Section 49-7-143.

A second or subsequent violation of this section, or any regulation of the commission promulgated under this section, shall be punishable as a Class I violation as defined in Section 49-7-141.

(4) The commission shall promulgate rules and regulations for the issuance of dog hunting permits, and the department shall enforce the provisions of this section.

SECTION 2. Section 49-5-5, Mississippi Code of 1972, is brought forward as follows:

49-5-5. It shall be unlawful for any person to hunt with gun or dog on any sanctuary or preserve for bird and game, or to rob or destroy the nests of any birds, or to catch, snare, trap, or net any birds within any such prescribed limits, and any person, found with gun or dog on or within such prescribed limits, shall be prima facie presumed to be hunting in violation of this section.

SECTION 3. Section 49-7-31.5, Mississippi Code of 1972, is brought forward 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) 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.

SECTION 4. Section 49-7-37, Mississippi Code of 1972, is brought forward as follows:

49-7-37. (1) Any resident of this state licensed to hunt or otherwise 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.

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

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

SECTION 5. Section 49-7-42, Mississippi Code of 1972, is brought forward as follows:

49-7-42. It is lawful at all times for any person, upon the issuance of a permit by the commission, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the commission and upon payment of the sum of Three Dollars ($3.00) each. The permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds shall be conducted under the rules and regulations of the commission. The tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.

SECTION 6. Section 49-7-65, Mississippi Code of 1972, is brought forward as follows:

49-7-65. Except as provided in this chapter, it is unlawful for any person to hunt, trap, take, kill, wound or capture, or attempt to hunt, trap, take, kill, wound or capture any fur-bearing animals except during the open season prescribed by law or regulation. However, mink may be hunted with dogs during the season for taking of fur-bearing animals on payment of trapper's license fee by person so hunting mink with dogs.

SECTION 7. This act shall take effect and be in force from and after July 1, 2019.