MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Seymour, McLendon

Senate Bill 2074

AN ACT TO AMEND SECTION 49-4-39, MISSISSIPPI CODE OF 1972, TO REQUIRE A FRESHWATER FISHING GUIDE OR SERVICE THAT UTILIZES A BOAT TO OBTAIN A FISHING GUIDE BOAT LICENSE AND DECAL; TO PROVIDE THE FEE FOR SUCH LICENSE; TO PROVIDE THAT FRESHWATER FISHING GUIDES SHALL BE PROHIBITED FROM FISHING WHILE PROVIDING SERVICE; TO PROVIDE THAT FRESHWATER FISHING GUIDES SHALL BE PROHIBITED FROM KEEPING ANY FISH CAUGHT BY THE PERSONS THEY ARE GUIDING; TO PROVIDE THAT THE PRESENCE OF THE GUIDE DOES NOT COUNT TOWARD THE BAG LIMIT FOR FISH; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-4-39, Mississippi Code of 1972, is amended as follows:

     49-4-39.  (1)  As used in this section:

          (a)  "Head boat" means a fishing boat that takes recreational (sports) fishermen out for a fee per person.

          (b)  "Charter boat" means a fishing boat with a skipper, guide, outfitter, or captain that is rented for a fee, to fish.

          (c)  "Guide" means a person who advises or shows the way to others for a fee.

          (d)  "Outfitter" means an establishment that sells services for outdoor activities.

          (e)  "Skipper" means the captain of a ship or boat.

          (f)  "Captain" means a person who is at the helm, controls or steering of a ship or boat.

     (2)  The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services.  The commission shall have the following powers and duties:

          (a)  Prescribe the form and type of licenses;

          (b)  Prescribe an annual distinguishable decal for each boat;

          ( * * *bcExcept as otherwise provided in this section, establish fees for the types of licenses; the fee for guide services annual licenses * * * not to exceed to be One Hundred Fifty Dollars ($150.00) for residents and Five Hundred Dollars ($500.00) for nonresidents; the fee for outfitters annual licenses * * * not to exceed to be Two Hundred Fifty Dollars ($250.00) for residents and Eight Hundred Dollars ($800.00) for nonresidents; * * *and

 * * *  (c)  To exercise all powers and make any regulations necessary to regulate such services.

          (d)  Require one-year proof of residency and a valid sportsman's license for residents;

          (e)  Require a valid nonresident fishing license for nonresidents;

          (f)  Require First Aid/CPR certification; and

          (g)  Exercise all powers to make regulations for enforcement and safety of such services.

     (3)  A fishing guide, outfitter, skipper or captain that utilizes a boat to provide fishing guide services shall obtain an annual fishing guide boat license and decal for a fee of Two Hundred Fifty Dollars ($250.00).  In order to obtain a fishing guide boat license and decal, an applicant must register the boat being utilized with the department and provide to the department a copy of the driver's license of the guide, outfitter, skipper or captain and proof of liability insurance and such other information as the department may require by regulation.

     (4)  A fishing guide, outfitter, skipper, captain, boat mate or crew is prohibited from keeping a recreational bag limit of fish.

     (5)  The presence of a guide, outfitter, skipper, captain, boat mate or crew does not count toward the boat's daily possession limit for all game fish.

     (6)  A violation of this section or any regulation created by the commission exercising its powers to regulate safety and services is a Class II violation and is punishable as provided in Section 9-7-143.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.