MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Kinkade

House Bill 43

AN ACT TO AMEND SECTION 49-7-1.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE WILDLIFE IN MISSISSIPPI BELONGS TO THE CITIZENS OF THE STATE AT LARGE; TO PROVIDE THAT THE STATE HAS A DUTY TO PROTECT AND SUSTAIN ITS WILDLIFE FOR THE PUBLIC'S BENEFIT, AS WELL AS THE DUTY AND AUTHORITY TO DEFEND THE PUBLIC'S INTEREST IN THE STATE'S WILDLIFE, IN ACCORDANCE WITH SOUND SCIENTIFIC PRINCIPLES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-1.1, Mississippi Code of 1972, is amended as follows:

     49-7-1.1.  Hunting, trapping and fishing and wildlife are vital parts of the heritage of the State of Mississippi. It shall be the public policy of the State of Mississippi to protect and preserve these activities.  The wildlife in Mississippi belongs to the citizens of the state at large, and the state has a duty to protect and sustain its wildlife for the public's benefit, as well as the duty and authority to defend the public's interest in the state's wildlife, in accordance with sound scientific principles.  The Mississippi Commission on Wildlife, Fisheries and Parks, acting by and through the Mississippi Department of Wildlife, Fisheries and Parks, may regulate hunting, trapping and fishing activities in the State of Mississippi, consistent with its powers and duties under the law.  No court of this state may enjoin, suspend, curtail or abrogate any hunting, trapping or fishing activity which is otherwise lawful under the laws of this state or the regulations of the commission, except upon a showing, by clear and convincing evidence, of an immediate threat to the public health, safety and welfare, or other imminent peril.  It is, and shall be, the public policy of this state to promote hunting, trapping and fishing and other outdoor recreational opportunities and to preserve these activities and the state's wildlife for all generations to come.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.