MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Kinkade
AN ACT TO AMEND SECTION 49-7-58, MISSISSIPPI CODE OF 1972, TO PROHIBIT HUNTING DEER WITH DOGS IN ANY COUNTY THAT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS HAS DECLARED TO BE A CHRONIC WASTING DISEASE MANAGEMENT ZONE; TO AMEND SECTIONS 49-7-31 AND 49-7-37, MISSISSIPPI CODE OF 1972, WHICH RELATE TO HUNTING DEER WITH DOGS, TO CONFORM WITH THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-58, Mississippi Code of 1972, is amended as follows:
49-7-58. (1) (a) In addition to the ban on importing white-tailed deer under Section 49-7-54, there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture.
(b) Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141. Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141. A second or subsequent violation under this section shall be punished by the maximum fine under Section 49-7-141. The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state.
(2) Hunting deer with dogs is prohibited in any county that the Commission on Wildlife, Fisheries and Parks has declared to be a chronic wasting disease management zone.
( * * *3) It shall be the duty of the
Commissioner of Agriculture and Commerce, the Board of Animal Health, the State
Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the
Department of Wildlife, Fisheries and Parks to consult and coordinate efforts
on matters related to chronic wasting disease, the prevention of the
introduction of chronic wasting disease in the state and to ensure the health
and safety of the public and wildlife.
( * * *4) The Commission on Wildlife,
Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall
have plenary authority in matters related to the importation of white-tailed
deer, white-tailed deer in enclosures, and prevention of the introduction of
chronic wasting disease into the native wildlife population.
SECTION 2. 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.
(c) With primitive weapons and without dogs: December 2 through December 15.
(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 * * * paragraph (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) 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) 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.
(6) The provisions of this section shall be subject to the provisions of Section 49-7-58.
SECTION 3. 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 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.
(9) The provisions of this section shall be subject to the provisions of Section 49-7-58.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.