MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Seymour

Senate Bill 2642

AN ACT TO AMEND SECTION 49-7-26, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO ESTABLISH A PHYSICAL TAGGING PROGRAM AND A REPORTING PROGRAM TO COLLECT HARVEST DATA AND MONITOR BAG LIMIT COMPLIANCE BY RESIDENT AND NONRESIDENT DEER HUNTERS; TO CLARIFY THAT THE AUTHORITY OF THE DEPARTMENT TO ESTABLISH A TAGGING AND REPORTING PROGRAM FOR TURKEY RELATES TO PHYSICAL TAGGING; TO REMOVE THE FEE THE DEPARTMENT WAS PREVIOUSLY AUTHORIZED TO CHARGE FOR A TAGGING PROGRAM; TO SPECIFY CERTAIN REQUIREMENTS FOR ANNUAL REPORTING TO THE LEGISLATURE; TO IMPOSE FINES AND AN ADMINISTRATIVE FEE ON RESIDENTS IN VIOLATION OF THE DEER TAGGING AND HARVEST REPORTING PROGRAM; TO SPECIFY THAT ANY TAGGING PROGRAM SHALL REQUIRE THE PHYSICAL TAGGING OF THE MEAT OR, IN THE CASE OF DEER, ANTLERS PRIOR TO THE TRANSPORTATION OF THE ANIMAL; TO DIRECT THE DEPARTMENT TO CAUSE A MOBILE PHONE APP TO BE DEVELOPED ENABLING THE HUNTER TO PROVIDE TAGGING INFORMATION TO THE DEPARTMENT AT THE TIME OF TAGGING; TO DIRECT THE DEPARTMENT TO DEVELOP A SYSTEM FOR REPORTING UNUSED TAGS IN ORDER TO ALLOCATE THEM FOR THE FOLLOWING YEAR; TO PROHIBIT TAXIDERMISTS AND WILD GAME PROCESSORS FROM ACCEPTING ANIMALS SUBJECT TO A TAGGING PROGRAM WITHOUT FIRST HAVING VERIFIED THAT THE ANIMALS HAVE BEEN TAGGED; TO PROVIDE THAT ANY TAGGING AND REPORTING PROGRAM ESTABLISHED UNDER THIS SECTION SHALL BE FUNDED BY LEGISLATIVE APPROPRIATION; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-26, Mississippi Code of 1972, is amended as follows:

     49-7-26.  (1)  (a)  The department * * * may shall develop, implement and regulate a physical tagging and reporting program to collect harvest data and monitor bag limit compliance by any means as provided in this section.

 * * *  (b)  The department may charge a fee for the tagging program.

          ( * * *cbFor any tagging and reporting program established under this section, the department shall provide * * * an annual a report to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives.  The first such report shall be submitted before July 1, 2026, and a report shall be submitted annually thereafter.  The report shall include statistical information on harvest reporting violations for the past year, except that the report due before July 1, 2026, shall include such information for the past two (2) years.

     (2)  (a)  The department * * * may shall establish a physical tagging and reporting program for deer harvested by nonresidents and residents.

          (b)  (i)  A nonresident who violates any law or regulation of the nonresident deer tagging and harvest reporting program shall be subject to the fine and forfeiture penalties provided for a nonresident hunting without a license under Section 49-7-21.  In addition, a nonresident shall be assessed the administrative fee prescribed in this section.

               (ii)  A resident who violates any law or regulation of the resident deer tagging and harvest reporting program shall be guilty of a Class III violation and subject to the fines provided in Section 49-7-101.  In addition, a resident shall be assessed the administrative fee prescribed in this section.

     (3)  (a)  The department may establish a physical tagging and reporting program for turkey.

          (b)  A person who violates any law or regulation of the turkey tagging program is guilty of a Class III violation and shall be subject to the fines provided in 49-7-101.  In addition, a person shall be assessed the administrative fee prescribed in this section.

     (4)  Any tagging program established under this section shall require the physical tagging of the meat or, in the case of deer, antlers prior to the transportation of the animal.  The department shall cause a mobile phone app to be developed enabling the hunter to provide tagging information to the department at the time of tagging.  The department shall develop a system for reporting unused tags in order to allocate them for the following year.

     (5)  For any animal subject to a tagging program established under this section, any taxidermist or wild game processor must first verify that the animal has been tagged before accepting the animal for professional services.

     ( * * *46)  (a)  A person convicted of a first violation of the tagging program shall be assessed an administrative fee of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), which shall be imposed and collected upon conviction.  A person convicted of a second or subsequent violation shall be assessed an administrative fee of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), which shall be imposed and collected upon conviction.

          (b)  The clerk of the court shall collect and deposit the administrative fees with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection and deposit of state assessments under Section 99-19-73.

          (c)  The administrative fees shall be credited to the Department of Wildlife, Fisheries and Parks and may be expended by the department upon appropriation by the Legislature.

     ( * * *57)  Each deer or turkey taken or possessed in violation of the tagging and harvest reporting program is a separate offense.

     (8)  Any tagging and reporting program established under this section shall be funded by legislative appropriation.

     (9)  The department is authorized to promulgate rules and regulations in order to implement this section.

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