Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  517

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

     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 for the purpose of fishing.

(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;

          ( * * *bc)  Except as otherwise provided in this section, establish fees for the types of licenses; the fee for guide and outfitter services annual licenses * * * not to exceed One Hundred Fifty Dollars ($150.00); the fee for outfitters licenses not to exceed Two Hundred Fifty Dollars ($250.00) to be less than Five Hundred Dollars ($500.00) for residents and not less than Two Thousand Dollars ($2,000.00) 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, 2023.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     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.

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