MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Holloway (76th) (By Request)

House Bill 880

AN ACT TO PROHIBIT USING DOGS FOR HUNTING DEER; TO AMEND SECTIONS 49-7-31 AND 49-7-37, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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, and from December 16 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns.

          (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.

          ( * * *ed)  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).

          (g)     When the open season on deer ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

     (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 commission shall establish and regulate special hunts during velvet hunting season, outside of the regular open season on deer, as provided in Section 49-7-31.6. 

     SECTION 2.  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)  (a)  The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations.

          (b)  The commission may declare a special season in any area of the state where the need to collect samples for testing for chronic wasting disease (CWD) is indicated.  Special seasons for collecting CWD testing samples may be set within the open season or, if necessary, outside the open season.  Lawful weapons for hunting during any special CWD sample collection season shall be consistent with the then-current open season or, if outside the open season, as directed by order of the commission.

     (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, primitive firearms, air guns, air bows and pre-charged pneumatic weapons which it deems necessary and proper.  The commission shall define the terms "primitive firearm," "air gun," "air bow" and "pre-charged pneumatic weapon" for purposes of this section and other law or regulation.

     (5)  Air guns shall be lawful for hunting small game during the seasons for hunting small game.  Air bows and pre-charged pneumatic weapons shall be lawful for hunting large game, except game birds, turkeys and migratory waterfowl.  Air bows and pre-charged pneumatic weapons may be used during any open season on deer with primitive weapons after November 30, on private lands only, consistent with the requirements of Section 49-7-31(5)(a).

 * * * (6)  The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons.

     ( * * *76)  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.

     ( * * *87)  Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143.

     ( * * *98)  All seasons provided for herein shall begin on Saturday.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.

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