MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Seymour, Tate, Hill, Suber, Younger, McLendon
AN ACT TO AMEND SECTION 49-4-39, MISSISSIPPI CODE OF 1972, TO REQUIRE A FRESHWATER FISHING GUIDE OR SERVICE THAT USES A BOAT TO OBTAIN A FISHING GUIDE BOAT LICENSE AND DECAL; TO PROVIDE THE FEE FOR SUCH LICENSE; 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) "Boat" means a vessel used by a guide or outfitter for taking paying customers on recreational freshwater fishing excursions.
(b) "Guide" means a person who advises or shows the way to others on a boat.
(c) "Outfitter" means an establishment that sells freshwater fishing services.
(d) "Captain" or "skipper" means a person who is at the helm, controls or steering of a boat.
(e) "Boat mate" and "crew" mean one or more employees assisting the guide, outfitter, captain or skipper on a 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;
( * * *c) Except as otherwise provided in
this section, establish fees for the types of licenses; the fee for guide and
outfitter services annual licenses * * *
shall not be less than Five Hundred Dollars ($500.00) for residents and shall
not be less than Two Thousand Dollars ($2,000.00) for nonresidents; * * *
* * *
(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 uses a boat to provide fishing guide services shall obtain an annual boat license and decal for a fee of at least Twenty-five Dollars ($25.00). In order to obtain a boat license and decal, an applicant must register the boat being used 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 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 49-7-143.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.