House Bill 1574

AN ACT TO AUTHORIZE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO ISSUE A PERMIT TO LANDOWNERS AND/OR COOPERATORS WHICH ALLOWS FOR THE TAKING OF WHITE-TAILED DEER DURING THE CLOSED SEASON WHEN DEER ARE CAUSING SUBSTANTIAL DAMAGE TO AGRICULTURAL CROPS; TO DEFINE TERMS RELATING TO THE DEER MANAGEMENT ASSISTANCE PROGRAM; TO PROVIDE THAT LANDOWNERS AND/OR COOPERATORS MAY ONLY TAKE THE NUMBER OF DEER RECOMMENDED BY A MDWFP BIOLOGIST AND SPECIFIED ON THE PERMIT; TO REQUIRE LANDOWNERS AND/OR COOPERATORS TO REPORT THE NUMBER OF DEER HARVESTED TO THE DEPARTMENT; TO REQUIRE LANDOWNERS AND/OR COOPERATORS TO COLLECT CERTAIN PHYSICAL DATA FROM SUCH HARVESTED DEER AND SUBMIT SUCH DATA TO THE DEPARTMENT; TO PROVIDE THAT AFTER A DEPARTMENT BIOLOGIST ANALYZES SUCH HARVEST DATA AND EVALUATES THE HABITAT, THE BIOLOGIST SHALL MEET WITH THE LANDOWNER AND/OR COOPERATOR TO DISCUSS HARVEST STRATEGIES; ALL MEAT FROM DEER THAT HAS BEEN HARVESTED BY A LANDOWNER AND/OR COOPERATOR SHALL BE SALVAGED, PROCESSED, AND DONATED TO AN AREA FOOD BANK, SHELTER, OR OTHER NONPROFIT CHARITABLE ORGANIZATION APPROVED BY THE DEPARTMENT; TO PROHIBIT A LANDOWNER AND/OR COOPERATOR FROM USING A SILENCER OR SUPPRESSOR; TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ACT; TO PROVIDE THAT BY ENROLLING IN THE PROGRAM, A LANDOWNER AND/OR COOPERATOR AGREES TO ALLOW DEPARTMENT PERSONNEL TO HAVE ACCESS TO HIS OR HER LANDS FOR CERTAIN PURPOSES; TO AUTHORIZE THE DEPARTMENT TO ESTABLISH RULES AND REGULATIONS NECESSARY TO FURTHER IMPLEMENT AND ADMINISTER THE PROGRAM; TO BRING FORWARD SECTION 49-1-39, MISSISSIPPI CODE OF 1972, WHICH RELATES TO PERMITS TO KILL ANY SPECIES OF ANIMALS OR CERTAIN BIRDS THAT MAY BE INJURIOUS TO AGRICULTURAL INTERESTS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 49-7-31.5, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE HUNTING, TRAPPING AND TAKING OF NUISANCE ANIMALS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:

(a) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks (MDWFP).

(b) "DMAP" or "program" means the Deer Management Assistance Program established by the department.

SECTION 2. (1) A permit may be issued by the department to landowners and/or cooperators for the Deer Management Assistance Program, which allows such landowners and/or cooperators to take white-tailed deer during the closed season when deer are causing substantial damage to agricultural crops.

(2) Landowners and/or cooperators may only take the number of deer recommended by a MDWFP biologist and specified on the permit.

(3) Landowners and/or cooperators shall report the number of deer harvested and collect physical data from such harvested deer, including sex, weight, jaw bone removal, antler measurements and female lactation, and submit such data to the department. Biological data collection must meet quality standards established by the department. The department may require the submission of chronic wasting disease samples in addition to such harvest data.

(4) After a MDWFP biologist analyzes such harvest data and evaluates the habitat, the biologist shall meet with the landowner and/or cooperator to discuss harvest strategies that are designed to meet his or her specific goals within the limitations of maintaining a healthy habitat.

SECTION 3. All meat from deer that has been harvested by a landowner and/or cooperator shall be salvaged, processed, and donated to an area food bank, shelter, or other nonprofit charitable organization approved by the department.

SECTION 4. For purposes of this act, it shall be unlawful for any landowner and/or cooperator who participates in the Deer Management Assistance Program to use any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of the firearm when shot or fired. Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than thirty (30) days, or both.

SECTION 5. By enrolling in DMAP, a landowner and/or cooperator agrees to allow department personnel to have access to his or her lands for management surveys, investigation of violations, and other inspections deemed appropriate by the department.

SECTION 6. The department shall establish rules and regulations necessary to further implement and administer the program in accordance with this act.

SECTION 7. Section 49-1-39, Mississippi Code of 1972, is brought forward as follows:

49-1-39. The commission may issue permits to kill any species of animals or native, nonmigratory birds which may become injurious to agricultural or other interests in any particular community. All migratory birds, including hawks, owls, and eagles and their nests and eggs are protected by the Migratory Bird Treaty Act and federal regulations promulgated under the act. All species of blackbirds, cowbirds, starlings, crows, grackles, and English sparrows may be killed without a permit when such birds are committing or about to commit depredations on shade or ornamental trees or agricultural crops.

SECTION 8. Section 49-7-31.5, Mississippi Code of 1972, is brought forward as follows:

49-7-31.5. (1) The hunting, trapping and taking of nuisance animals shall be regulated by the commission. The commission may adopt regulations to regulate the hunting, trapping and taking of nuisance animals and to control the population of nuisance animals.

(2) (a) Landowners, agricultural leaseholders or their designated agents may take predatory and nuisance animals year-round on lands owned or leased by them.

(b) Landowners, agricultural leaseholders or their designated agents may take nuisance animals with any type of weapon and may take nuisance animals during the night after legal hunting hours on lands owned or leased by them with a permit issued by the department.

(c) No license is required for a resident landowner hunting or trapping nuisance animals on his own land. An agricultural leaseholder, designated agent and any other person must possess either an all-game hunting license or trapping license, unless otherwise exempt.

(d) No license is required for a recipient of the Purple Heart Medal for wounds suffered in combat, to hunt nuisance animals on private lands. Persons exempt from purchasing a hunting license under this paragraph shall have in their possession and on their person a copy of their DD-214 discharge form indicating the receipt of the Purple Heart Medal and any proof as may be required by the commission or the Department of Wildlife, Fisheries and Parks, while engaged in such activities.

(3) The taking of any animal or animals other than nuisance animals by the use of a trap or traps is unlawful except during the time the season is open for the taking of fur-bearing animals.

(4) Nuisance animals may be run, chased or pursued with dogs, except as provided in Section 49-7-32, year-round by licensed hunters.

(5) Nuisance animals may be hunted with the aid of electronic calls.

(6) Nuisance animals may be hunted or trapped with the aid of bait and lures, on private lands, according to regulations adopted by the commission.

(7) Any part of a nuisance animal may be bought and sold year-round.

(8) (a) Wild hogs may not be caught or trapped and released into the wild at a location different from the location where the wild hog was caught or trapped, or otherwise transported live in the State of Mississippi.

(b) A violation of this subsection is a Class I violation and is punishable as provided under Section 49-7-141.

(9) When hunting wild hogs during any open gun season on deer, a hunter must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange.

SECTION 9. This act shall take effect and be in force from and after July 1, 2024.