MCA Chapter 7

MCA Chapter 7
in effect

Miss. Code Ann. § 49-7-1 Definitions and interpretations.

For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided: The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels. The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats. The following wild animals are classed as nuisance animals: wild hogs, nutria, beaver, fox, skunks and coyote. All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) – including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) – including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) – including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including – white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops). The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) – gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) – channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family – spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) – American eel (Anguilla rostrata); in the Bowfin family (Amiidae) – bowfin (Amia calva); in the Paddlefish family (Polyodontidae) – paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) – common carp (Cyprinus carpio); in the Sucker family (Catostomidae) – river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) – freshwater drum (Aplodinotus grunniens). All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish. All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish. The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves. All other species of wild resident or migratory birds are classed as nongame birds. Closed season: the time during which birds, animals or fish may not be taken. Open season: the time during which birds, animals or fish may be lawfully taken. “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Department” means the Mississippi Department of Wildlife, Fisheries and Parks. “Executive director” means the Executive Director of the Department of Wildlife, Fisheries and Parks.

Miss. Code Ann. § 49-7-1.1 1. Declaration of public policy.

Hunting, trapping and fishing 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 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 for all generations to come.

Miss. Code Ann. § 49-7-2 “Social Security Administration” construed to include Railroad Retirement Board.

The term “Social Security Administration,” wherever used in Title 49, Chapter 7, Mississippi Code of 1972, shall also be construed to include the Railroad Retirement Board.

Miss. Code Ann. § 49-7-3 Issuance of resident hunting or fishing licenses; possession of license.

Any resident of the State of Mississippi shall be entitled to receive a resident fishing license. Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5. The domicile of a person is that person’s principal or primary home or place of abode. A “principal or primary home or place of abode” is that home or place in which a person’s habitation is fixed and to which he, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile shall be on the person claiming such status. The following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: driver’s license, residence for income or other tax purposes, homestead exemption receipt, or any other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor’s domicile. A nondomiciliary of the state may be issued a resident hunting or fishing license or combination resident hunting/fishing license upon providing the following: A current identification card from a Mississippi college or university; or A current military identification card showing that the person is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and proof that the person is stationed on a military base in Mississippi. A nondomiciliary of the state may be issued a special Armed Forces fourteen-day hunting and fishing license with the same hunting and fishing privileges and at the same fee of a resident sportsman’s license, if the nondomiciliary is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and his application is approved by the department. The applicant must file his application for the special fourteen-day license in the office of the department. The department shall establish requirements for proof of active military status and any other requirements it deems desirable. The department shall not issue more than two (2) special fourteen-day licenses to the same applicant per license year. A holder of a resident or nonresident license is required to carry the license on his person while engaged in hunting, trapping or fishing. Any penalty for not carrying a license while engaged in hunting, trapping or fishing shall be waived if the person can verify purchase of a license prior to the date of the violation. Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

Miss. Code Ann. § 49-7-4 Exemption of records relating to hunting, fishing and trapping license applications and holders of such licenses from Mississippi Public Records Act.

The records of the Department of Wildlife, Fisheries and Parks relating to applications for and sales of any resident or nonresident licenses issued under this chapter, and all records related to holders of such licenses, are exempt from the provisions of the Mississippi Public Records Act of 1983, in accordance with Section 25-61-11, and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records. However, upon request, the records specified in this section shall be available to all law enforcement agencies.

Miss. Code Ann. § 49-7-5 Fees for resident hunting, fishing, and combination hunting and fishing licenses; exemptions.

Any resident, as defined in Section 49-7-3, upon application, shall receive a combination resident hunting and fishing license for the sum of Twenty-five Dollars ($25.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish in any county of the state. Any resident, as defined in Section 49-7-3, upon application, shall receive a resident combination small game hunting and fishing license for the sum of Ten Dollars ($10.00) together with the fee provided in Section 49-7-17 to the office or agent issuing the license. The hunting license shall qualify the licensee to hunt and fish under this chapter all game and fowl, except deer and turkey, in any county in the state. Any resident, as defined in Section 49-7-3, upon application, shall receive a sportsman’s license for the sum of Forty-five Dollars ($45.00). The license shall qualify the licensee to hunt under this chapter all game and fowl, including deer and turkey, and to fish as provided by law, in any county in the state, and to hunt using primitive weapons and bow and arrow in the manner provided by law. The commission may notify the licensee of the expiration of his license, and the licensee may renew the license by mailing the sum of Forty-five Dollars ($45.00) to the commission. A licensee who has not renewed the license within thirty (30) days after the expiration date shall be removed from the commission’s records, and the licensee must apply to be placed on the renewal list. In addition to a hunting license allowing the taking of turkey, a resident who hunts turkey during a fall turkey season must purchase a fall turkey hunting permit for a fee of Five Dollars ($5.00) plus the fee provided in Section 49-7-17. A resident sportsman’s licensee or resident lifetime sportsman’s licensee may hunt during the fall turkey season without purchasing a permit. The commission may offer a resident apprentice hunting license for a resident who does not have the required certificate of hunter education and may set the fee for the apprentice hunting license. An apprentice license may be purchased only one (1) time by a resident and the apprentice hunting licensee must be accompanied by a licensed or exempt resident hunter at least twenty-one (21) years of age when hunting. Any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years, or any resident citizen who is blind, paraplegic, or a multiple amputee, or who has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged to be totally disabled by the Social Security Administration shall not be required to purchase or have in his possession, a hunting or fishing license while engaged in such activities. A person exempt by reason of total service-connected disability, as adjudged by the Veterans Administration or who has been adjudged to be totally disabled by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing. Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. The resident shall have in his possession and on his person any proof as may be required by the commission. All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993. The commission may offer a youth all-game hunting and fishing license for exempt youths who have a hunter education certificate and an all-game hunting and fishing license for other persons exempted under paragraph (a). Youths and other exempt persons shall not be required to purchase this license or have it in possession while hunting or fishing. The commission may establish a fee not to exceed Five Dollars ($5.00) for the licenses. The requirement for purchasing and/or having a hunting or fishing license authorized in subsection (1) of this section may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization. No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person. Any person or persons exempt under this section from procuring a license shall be subject to and must comply with all other terms and provisions of this chapter. Any person authorized to issue any license under this section may collect and retain for the issuance of each license the additional fee authorized under Section 49-7-17.

Miss. Code Ann. § 49-7-6 and 49-7-7. Repealed.

Repealed by Laws of 1989, ch. 377, § 8, eff from and after July 1, 1989. § 49-7-6 . [En Laws, 1978, ch. 465, § 6; Laws, 1982, ch. 435, § 3; Laws, 1988, ch. 435, § 3] § 49-7-7 . [Codes, 1942, § 5872; Laws, 1932, ch. 123; Laws, 1938, ch. 178; Laws, 1948, ch. 255, § 5; Laws, 1948, ch. 255, § 8; Laws, 1954, ch. 168, §§ 1, 2; Laws, 1966, ch. 264, § 1; Laws, 1968, ch. 258, § 1; Am Laws, 1974, ch. 452; Laws, 1978, ch. 465, § 3; Laws, 1982, ch. 435, § 4; Laws, 1988, ch. 435, § 4] Editor’s Notes — Former § 49-7-6 provided for a fee for a combination nonresident hunting and fishing license. Former § 49-7-7 provided a fee for nonresident hunting licenses.

Miss. Code Ann. § 49-7-7 Use of revenue from increase in license fees.

The revenue collected from any increase in license fees pursuant to Chapter 418, Laws of 2016, shall be designated for use by the Department of Wildlife, Fisheries and Parks for recruitment, training, equipping and compensation of conservation officers to fill existing vacancies.

Miss. Code Ann. § 49-7-8 Hunting, fishing or trapping license for nonresident; fees; violations.

No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks. The commission shall have the following duties and powers: To prescribe the forms and types of nonresident licenses that a nonresident must obtain; To determine the total number of each type of nonresident license to be issued annually; To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00); To exercise all incidental powers necessary to develop a nonresident licensing program. A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).

Miss. Code Ann. § 49-7-9 Resident fishing licenses.

Each resident of the State of Mississippi, as defined in Section 49-7-3, fishing in the public fresh waters of the state, including lakes and reservoirs, but not including privately owned ponds and streams, shall purchase a combination small game hunting and fishing license as provided in Section 49-7-5 for Ten Dollars ($10.00). Any resident purchasing a license as prescribed in this subsection shall be entitled to fish, in accordance with the regulations and ordinances of the commission, in all public fresh waters within the territory of the State of Mississippi. A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00). No license shall be required of any resident citizen of the State of Mississippi who has not reached the age of sixteen (16) years or who has reached the age of sixty-five (65) years or who is blind, paraplegic, a multiple amputee or has been adjudged by the Veterans Administration as having a total service-connected disability, or has been adjudged totally disabled by the Social Security Administration. Such person shall not be required to purchase or have in his possession a hunting or fishing license while engaged in such activities. A person exempt by reason of age, total service-connected disability as adjudged by the Veterans Administration or total disability as adjudged by the Social Security Administration or who is blind, paraplegic or a multiple amputee, shall have in their possession and on their person proof of their age, residency, disability status or other respective physical impairment while engaged in the activities of hunting or fishing. Any resident who is a member of the Armed Forces, including the Reserves and National Guard, and on active duty outside the State of Mississippi is not required to purchase or have in his possession a hunting or fishing license while engaged in such activities on leave from active duty. Such resident shall have in his possession and on his person such proof as may be required by the commission. The requirement for purchasing and/or having a hunting or fishing license authorized in this subsection (1) may be waived for any resident or nonresident who is an honorably discharged veteran with a combat-related disability and who will be participating in a special hunt, fishing trip or other outdoor recreational event that is available only to such persons as determined by the entity sponsoring the event. The commission is authorized to establish such criteria and/or procedures for an organization to be recognized as a sanctioned entity that provides unique outdoor recreational opportunities for wounded or disabled veterans. Any events sponsored by a recognized organization, and the persons participating in such event, shall be entitled to the waiver set forth above without further action on the part of the commission or the sponsoring organization. All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond. Residents do not need a fishing license to fish in those waters, except when the owner of the lake or pond charges a fee for fishing, then a resident must have a fishing license to fish in those waters unless exempted under subsection (1) of this section. The first weekend of “National Fishing and Boating Week” in June of each year is designated as “Free Fishing Weekend.” July 4 is designated as “Free Fishing Day.” Any person may sport fish without a license on “Free Fishing Weekend,” and on “Free Fishing Day.” Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17.

Miss. Code Ann. § 49-7-9.1 1. Commercial fishing licenses; who is required to purchase; labeling of commercial fishing equipment; slat basket license; fees.

Any resident engaged in fishing for commercial purposes and selling or peddling nongame gross fish at retail or selling or shipping same at wholesale, as to markets, dealers or canning plants, shall purchase a commercial fishing license. A licensee must label each piece of commercial fishing equipment with a waterproof or metal tag containing any information required by the department. A piece of commercial fishing equipment is defined as: One (1) each hoop or barrel net; one thousand (1,000) feet or less of trotline; one thousand (1,000) feet or less of snagline; three thousand (3,000) feet or less of gill netting; or three thousand (3,000) feet or less of trammel netting. Netting of over three thousand (3,000) feet is prohibited. Upon the purchase of a commercial license for use of hoop or barrel nets, the licensee is permitted to use lead nets thirty-five (35) yards in length for each two (2) barrel nets used, but not to exceed seven (7) lead nets. Each person taking nongame gross fish as defined in Section 49-7-1, of any kind from the fresh waters of the state shall be considered a producer and shall be entitled to sell his own catch of nongame gross fish to anyone except as otherwise provided by law or applicable regulations. Each resident buying or handling nongame gross fish secured from commercial fishermen or others for the purpose of resale, whether handled on a commission basis or otherwise, and each resident shipping nongame gross fish not his own catch out of the State of Mississippi shall be considered a wholesale dealer and shall purchase a commercial fishing license. Resident wholesale dealers’ licenses shall be issued only to persons who have been bona fide residents of the State of Mississippi for at least six (6) months. Each resident buying nongame gross fish from a licensed wholesale dealer or licensed commercial fisherman for retail sale to the consumer only on rural or urban routes shall purchase a commercial fishing license to do so. Each resident engaged in the buying and selling of nongame gross fish as a wholesale dealer’s agent, whether on a commission or salary basis, or otherwise, and not selling in the open market, shall purchase a commercial fishing license and shall be responsible for any illegal transaction ensuing between the time he purchases the fish from the fisherman and the time the fish are accepted by the wholesaler by whom he is employed. Any resident using a wooden or plastic slat basket shall purchase a slat basket license for each basket each year in addition to a commercial fishing license. Slat baskets are defined as commercial fishing devices used solely for the capture of catfish and made entirely of wood and/or plastic slats in a box-like or cylindrical shape. Slat baskets shall not exceed six (6) feet in length nor exceed fifteen (15) inches in width and height or diameter, may have no more than two (2) throats, and must have at least four (4) slot openings at least one and one-fourth (1-1/4) by twenty-four (24) inches evenly spaced around the sides of the catch area. The one and one-fourth (1-1/4) inch wide slots or greater must begin at the rear of the basket and run twenty-four (24) inches toward the throat end of the basket. Slat baskets shall be placed at least one hundred (100) yards apart and may not be used with any form of leads, netting or guiding devices. Each slat basket shall have a waterproof or metal tag attached to it containing any information required by the department. Any other identification of the owner of the slat basket shall meet any specifications required by the department. Slat baskets may be fished statewide except where specifically prohibited. Any violation of this subsection shall be a Class I violation as prescribed in Section 49-7-141. It is unlawful for any person to offer for sale undersized nongame gross fish. The fee for a resident commercial fishing license shall be Thirty Dollars ($30.00). The fee for a slat basket license shall be Thirty Dollars ($30.00). Any person authorized to issue any license under this section may collect and retain for issuing each license the additional fee authorized under Section 49-7-17.

Miss. Code Ann. § 49-7-10 Repealed.

Repealed by its own terms effective July 1, 2012. § 49-7-10 . [Laws, 2010, ch. 384, § 1, eff from and after July 1, 2010.] Editor’s Notes — Former § 49-7-10 permitted an owner of a pier in public or private waters to obtain an annual group pier fishing license. A former § 49-7-10 [Laws, 1993, ch. 603, § 1; Repealed by Laws 1994, ch. 578, § 65, effective from and after July 1, 1994] related to marine water and saltwater licensing requirements. Similar provisions are found in § 49-15-313 .

Miss. Code Ann. § 49-7-11 Repealed.

Repealed by Laws of 1989, ch. 377, § 9, eff from and after July 1, 1989. [Codes, 1942, § 5904; Laws, 1932, ch. 123; Laws, 1934, ch. 286; Laws, 1936, ch. 221; Laws, 1938, ch. 178; Laws, 1946, ch. 423, § 6; Laws, 1956, ch. 151; Laws, 1968, ch. 258, § 2; Laws, 1970, ch. 287, § 1; Am Laws, 1973, ch. 423, § 1; Laws, 1978, ch. 465, § 5; Laws, 1982, ch. 435, § 6; Laws, 1988, ch. 435, § 6]

Miss. Code Ann. § 49-7-12 Reciprocal agreements with other states; nonresident freshwater commercial fishing licenses; fees; penalties.

The commission may promulgate rules and regulations for nonresident recreational and commercial permits and licenses in order to promote and to enter into reciprocal agreements with other states. The commission may issue and prescribe the forms, types and fees of nonresident freshwater commercial fishing licenses to be sold by the department and not by licensing agents. The commission may prescribe regulations for nonresident commercial fishing equipment, tagging requirements, harvest size and possession restrictions, restricted areas, fishing restrictions, reporting requirements, wholesale dealers, and the selling, reselling and exporting of fish taken in the public freshwaters of the state. The commission may exercise all powers necessary to regulate nonresident freshwater commercial fishing. The commission may require a nonresident to purchase the same type and number of freshwater commercial fishing licenses and pay the same fees that are required of Mississippi residents to engage in like activity in the nonresident’s state. Any nonresident who engages in freshwater commercial fishing without having the required licenses is guilty of a Class I violation and punishable as provided under Section 49-7-141 and shall forfeit any equipment, gear or nets used in the offense.

Miss. Code Ann. § 49-7-12.1 1. Nonresident wholesale dealers who buy certain fish and nonresidents who import certain fish are required to obtain commercial fishing licenses.

Nonresident wholesale dealers who buy nongame gross fish in the state for the purpose of resale shall obtain a nonresident commercial fishing license. Any nonresident who imports nongame gross fish into the state for the purpose of resale to a wholesale or retail dealer or to a consumer shall obtain a nonresident commercial fishing license.

Miss. Code Ann. § 49-7-13 Definitions; fee for resident trapper’s license; permission of landowners to trap; certain types of traps prohibited; identification of traps; placing or setting traps near public roads or streets; exemptions; selling of skins and meat of certain animals during and after trapping season.

For the purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context determines otherwise: “Raw fur” means the skin that has not been removed from the carcass of a fur-bearing animal or nuisance animal. “Green pelt” means the skin, with hair or fur attached, that has been removed from a fur-bearing animal or nuisance animal, but has not been tanned or fleshed, stretched and dried. “Dried pelt” means the skin of a fur-bearing animal or nuisance animal that has been fleshed, stretched and dried. Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper’s license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17. This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper. No license shall be required of a resident who traps on lands in which the record title is vested in that person. No person shall trap on the lands of another unless he has the permission of the landowner. No person shall use, on any public lands, a conibear-type or body-gripping trap with an inside jaw spread exceeding seven (7) inches, unless it is partially submerged in water. The designated legal authority of any public lands and its agents shall be exempt from the requirement of this subsection for the purpose of nuisance control. Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number permanently inscribed on the trap or attached to the trap by a metal tag. A person exempt from purchasing a trapping license must tag or permanently inscribe any trap with his name, phone number and address. The conservation officer may take up any traps not properly marked. Every trapper shall visit his traps at least every thirty-six (36) hours. Except as otherwise provided in this section, no person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways. A licensed trapper or resident under sixteen (16) years of age shall be allowed to trap fur-bearing animals during trapping season, and sell or consign the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals during the trapping season and for thirty (30) days after the close of the season. Only a licensed trapper or resident under sixteen (16) years of age may sell or consign the raw fur, green pelts and dried pelts of fur-bearing nuisance animals. A trapper may not transport the raw fur or green pelts of fur-bearing animals within the state from eleven (11) days after the close of trapping season until the opening day of the following trapping season, unless each raw fur or green pelt is tagged or documented with the name, address and trapping identification number of the person who harvested the raw fur or green pelt and the date and place of harvest. An official possession tag that has been issued by another state shall be considered legally documented. A licensed trapper may possess and maintain in storage the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals at any time. The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for thirty (30) days after the close of the season. A municipality or county, or any person who has contracted with a municipality or county for the purpose authorized in this subsection, may place or set only snare traps within one hundred (100) feet of any road or street located within such municipality or county. Before the action authorized by this section is taken, the governing authority of the municipality or the board of supervisors of the county shall make a finding that such placement of snare traps is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals that threaten the safety of public roads and bridges. Snares shall be submerged at least fifty percent (50%). Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on property owned by the landowner within one hundred (100) feet of any road or street, but not within the maintained public road or street right-of-way. Snare traps, conibear-type or body-gripping traps shall be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.

Miss. Code Ann. § 49-7-15 Repealed.

Repealed by Laws of 1989, ch. 377, § 10, eff from and after July 1, 1989. [Codes, 1942, § 5874; Laws, 1932, ch. 123; Am Laws, 1982, ch. 435, § 7; Laws, 1988, ch. 435, § 8]

Miss. Code Ann. § 49-7-16 Fur dealer or regular buyer of fur bearing animals; license; fees; possession of furs; tagging.

Any person, whether a resident or nonresident of this state, who is a fur dealer, or who regularly buys fur-bearing animals from trappers or hunters, shall be required to obtain a license under this section. Application for such license shall be made to any of the officials authorized to issue licenses under Chapter 7 of Title 49, Mississippi Code of 1972. The license fee shall be Fifty Dollars ($50.00) for residents, together with the fee provided in Section 49-7-17. The license shall be good for one (1) year from the date of issuance unless suspended or revoked earlier, and it is renewable upon payment of the fee. The license shall be carried on the person of the holder whenever he is engaged in the business of fur dealer or engaged in buying fur-bearing animals. Dealers or those persons who regularly buy fur-bearing animals from trappers or hunters are authorized to possess inventories of dried or stretched furs and skins at any time. However, dealers or other fur buyers are authorized to buy, transport, sell or offer for sale inventories of fur for only ninety (90) days beyond the close of the trapping season set by the commission. The commission shall, in its discretion, extend the ninety-day period for buying, transporting, selling or offering for sale inventories of fur. The commission may require tagging of furs to account for harvest of a species in a specific location. Dealers shall be required to maintain accurate records of purchases. Such dealer records and fur houses shall be open to conservation officers on request for inspection without warrant. Persons acquiring fur for the sole purpose of tanning, dressing, manufacturing or otherwise preparing finished fur products are authorized to buy, sell, possess and transport inventories of fur and finished fur products at any time for these and related purposes.

Miss. Code Ann. § 49-7-17 License agents; bonding requirements; additional license fee for officer or person issuing license; additional fee to recoup costs of issuing licenses.

The department may provide for the appointment of persons as license agents to sell license certificates for hunting, trapping or fishing as authorized under Section 49-7-21. The department may, by administrative rule, establish qualifications, standards and regulations for such license agents. Each license agent shall be required to be covered under a surety bond. The department may establish, by administrative rule, the procedures for the bonding of its license agents, which procedures may include the implementation of a blanket bonding system. All premiums for surety bonds required under this section shall be at the expense of the license agents. Any officer or person authorized to issue any hunting or fishing license or permit or any combination game and fish license under the laws of this state shall have the power and authority to collect and retain for the issuance of such license the sum of One Dollar ($1.00), in addition to the license fee provided by law, when such license or permit is sold to a resident of this state. The Commission on Wildlife, Fisheries and Parks is authorized, in its discretion, to contract with license agents for services rendered for an additional amount, not to exceed One Dollar ($1.00), in addition to the license fee provided by law. The Commission on Wildlife, Fisheries and Parks is authorized to establish, set and collect an additional fee for any license sold that will recoup the department’s cost of issuing the license, conducting any electronic transaction therefor, and generally recovering the department’s administrative costs of selling licenses and maintaining the electronic databases of those sales.

Miss. Code Ann. § 49-7-19 Prohibition against issuing license to person physically or mentally unfit to carry or use firearm.

It shall be unlawful for any officer, authorized to issue the licenses mentioned in this chapter, to knowingly issue a resident license or nonresident license to any person physically or mentally unfit to carry or use firearms.

Miss. Code Ann. § 49-7-20 Requirement of satisfactory completion of hunter education course; resident apprentice hunting license; resident combination small game hunting and fishing license.

It is unlawful for any person born on or after January 1, 1972, to procure any Mississippi hunting license, except a resident apprentice hunting license and a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department. It is unlawful for any person to issue any Mississippi hunting license, except a resident apprentice hunting license and resident combination small game hunting and fishing license, to any person born on or after January 1, 1972, unless the purchaser has provided valid certification of satisfactory completion of a hunter education course approved by the department. It is unlawful for any person to fraudulently obtain a hunter education certification. The department may revoke any hunting license or hunter education certification upon determination that the holder was not entitled to issuance or obtained the license or certification by any fraudulent means. It is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license, unless the person has been issued certification of satisfactory completion of a hunter education course approved by the department.

Miss. Code Ann. § 49-7-20.1 1. Child hunter safety; hunter education course; supervision by adult who holds valid Mississippi license for species being hunted.

To reduce hunting accidents of children under license age, to protect the safety of these children and to promote hunter safety, a child at least twelve (12) years of age and under sixteen (16) years of age must have a certificate of satisfactory completion of a hunter education course approved by the department before hunting in this state. A child at least twelve (12) years of age and under sixteen (16) years of age may hunt without having the certificate of hunter education required under this subsection if the child is in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when hunting. A child under the age of twelve (12) must be in the presence and under the direct supervision of a licensed or exempt hunter at least twenty-one (21) years of age when the child is hunting. A licensed hunter supervising a child as provided in this section must hold a valid Mississippi license for the species being hunted. There is no penalty for a violation of this section, but to protect the safety of the child a conservation officer may require the child to end the hunt and may unload the firearm and may take the firearm and the child to an adult.

Miss. Code Ann. § 49-7-21 License certificates; hunting, trapping or fishing without license prohibited; penalties.

The licenses for hunting, trapping or fishing shall be issued on a form prepared by the executive director and supplied to the bonded agents authorized to issue licenses. The forms shall bear the name and social security number or driver’s license number of the applicant. All annual licenses shall be valid for one (1) year after the date of its issuance. The licenses shall be issued in the name of the commission and be countersigned by the bonded agent issuing same. A person may purchase a license from the office of the department without appearing in person. The commission may design, establish, and administer a program to provide for the purchase, by electronic means, of any license, permit, registration or reservation issued by the commission or department. Any person authorized to issue licenses for hunting, trapping or fishing in this state who attempts to issue a license on a form other than one as prescribed by this section, or attempts to prepare a license certificate in any manner other than on the form prescribed by this section, and furnished by the executive director, is guilty of a Class II violation, and shall be punished as provided in Section 49-7-143, Mississippi Code of 1972, and the person convicted shall be forever barred from issuing licenses in the State of Mississippi. Any resident or nonresident who hunts, takes or traps any wild animal, bird or fish must possess a valid license issued by the commission, unless specifically exempted under this chapter. A resident who violates this subsection shall be fined Five Hundred Dollars ($500.00). If at the hearing date or the date of payment of the fine the resident shows proof of the required Mississippi license, the fine shall be reduced to One Hundred Dollars ($100.00). If the resident shows proof that the required license was purchased before the date of the violation, the case shall be dismissed and all court costs shall be waived against the defendant. In addition to the penalty imposed in paragraph (b), any resident who is not able to show proof of the required Mississippi license, shall be assessed by the court an administrative fee as prescribed under subsection (6) of this section. Any nonresident, who hunts or traps without the required license is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for the first offense and shall forfeit hunting and trapping privileges for a period of one (1) year. For the second offense a nonresident shall be fined in an amount of not less than One Thousand Dollars ($1,000.00) nor more than One Thousand Five Hundred Dollars ($1,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both such fine and imprisonment and shall forfeit hunting and trapping privileges for a period of two (2) years. For any third or subsequent offense, a nonresident is guilty of a Class I violation and shall be punished as provided in Section 49-7-141, Mississippi Code of 1972. The nonresident shall also be assessed by the court an administrative fee as prescribed under subsection (6) of this section. Forfeiture of hunting, trapping and fishing privileges may be waived if, at the hearing date or the date of payment of the fine, the nonresident shows proof of the required nonresident hunting or trapping license. Any nonresident who fishes without the required license is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for the first offense. For the second or any subsequent offense a nonresident shall be fined in an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and that nonresident shall also be assessed by the court an administrative fee as prescribed under subsection (6) of this section. In addition to any other fines or penalties imposed under subsection (4) or (5) of this section, the person convicted shall be assessed by the court an administrative fee equal in amount to the cost of the hunting, trapping or fishing license fee that such person unlawfully failed to possess at the time of the violation, the amount of which license fee shall be entered upon the ticket or citation by the charging officer at the time the ticket or citation is issued. The clerk of the court in which the conviction takes place, promptly shall collect all administrative fees imposed under this subsection and deposit them monthly with the State Treasurer, in the same manner and in accordance with the same procedure, as nearly as practicable, as required for the collection, receipt and deposit of state assessments under Section 99-19-73. However, all administrative fees collected under the provisions of this subsection shall be credited by the State Treasurer to the account of the Department of Wildlife, Fisheries and Parks, and may be expended by the department upon appropriation by the Legislature. Any person who obtains a license under an assumed name or makes a materially false statement to obtain a license is guilty of a felony and shall be subject to a fine of Two Thousand Dollars ($2,000.00) or may be imprisoned for a term not to exceed one (1) year, or both.

Miss. Code Ann. § 49-7-22 Multiyear licenses; fees; additional license fee for person issuing license.

The commission may authorize the issuance of a multiyear license not to exceed four (4) years of any license issued by the commission. The fee for a multiyear license shall be commensurate with the total of the annual fees for the annual license for the number of years of the multiyear license. A person authorized to issue licenses by the department may collect and retain for issuing each license the fee authorized under Section 49-7-17.

Miss. Code Ann. § 49-7-23 Sale of hunting and fishing licenses by constables designated as deputy conservation officers.

The executive director may designate constables as deputy conservation officers, and constables so designated may be permitted to sell hunting and fishing licenses and may retain the fee provided in Section 49-7-17 for issuing each such license.

Miss. Code Ann. § 49-7-25 Records and reports.

Each officer authorized to issue licenses shall keep in a book to be supplied to him by the commission, a correct and complete list, in numerical order, of all licenses, resident or nonresident, issued by him. He shall enter at the close of each week the name and residence of each individual to whom a license was issued during that week, and shall on or before the tenth day of each month, forward to the executive director, on blanks furnished to him by the executive director, a complete list of all licenses so granted, with the name and address of each licensee, and shall pay over to the executive director all sums collected by him for licenses during the preceding month, and at the end of the license year shall render a final report and return to the executive director all license stubs and all unused or mutilated license blanks. Thereupon the executive director shall cause the account of the officer to be audited and a final statement furnished such officer on the condition of the account.

Miss. Code Ann. § 49-7-26 Development of tagging and reporting program for deer and turkey to collect harvest data and monitor bag limit compliance; penalties for violation of turkey or deer tagging program.

The department may develop, implement and regulate a tagging and reporting program to collect harvest data and monitor bag limit compliance by any means as provided in this section. The department may charge a fee for the tagging program. The department shall provide an annual report to the Wildlife, Fisheries and Parks Committees of the Senate and the House of Representatives. The department may establish a tagging and reporting program for deer harvested by nonresidents. A nonresident who violates any law or regulation of the nonresident deer tagging 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. The department may establish a tagging and reporting program for turkey. 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. 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. 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. 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. Each deer or turkey taken or possessed in violation of the tagging program is a separate offense.

Miss. Code Ann. § 49-7-27 Revocation and suspension of licenses and privileges; penalties for hunting, trapping or fishing without license or privilege.

The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder. The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year. However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting. The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought. Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture. Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such. Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months. The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control. If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95, and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal. If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the fishing, hunting or trapping privileges of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the fishing, hunting or trapping privileges of that person. A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met. A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.

Miss. Code Ann. § 49-7-29 Wholesale minnow dealers.

This section shall be known as the “Mississippi Wholesale Minnow Dealers Law.” Definitions. For the purposes of this section, the following definitions shall apply: The term “wholesale minnow dealer” means any person selling minnows to a person for resale. The term “person” means any person, firm or corporation. The term “minnow” shall only mean golden shiner (Notemigonus crysoleucas), fathead minnow (Pimephales promelas), goldfish (Carassius auratus), common carp or Israeli carp (Cyprinus carpio), emerald shiner (Notropis atherinoides), western mosquitofish (Gambusia affinis), eastern mosquitofish (Gambusia holbrooki) and gulf killfish (Fundulus grandis). The department shall license wholesale minnow dealers, as required under this section. However, bona fide residents of Mississippi growing minnows on their own property within the State of Mississippi shall be exempt from these license requirements. It is unlawful for any person except those exempted by subsection (3) to sell minnows at wholesale within the State of Mississippi without a commercial fishing license. A resident wholesale minnow dealer shall certify that he is a resident of the state and shall apply to the department for a commercial fishing license. A nonresident wholesale minnow dealer shall apply to the department for a nonresident commercial fishing license. This nonresident license fee shall be set by the department. Each sale of minnows in violation of this section shall be punishable as a Class I violation as provided in Section 49-7-141. A copy of the commercial fishing license shall be carried at all times in each vehicle which transports minnows into or within the State of Mississippi. Each violation of this subsection shall be punishable as a Class I violation as provided in Section 49-7-141. However, no person charged with violating this subsection shall be convicted if he produces in court, or files with the clerk of the court before the date of appearance, proof that he held a valid commercial fishing license at the time that he was charged with a violation.

Miss. Code Ann. § 49-7-30 Season for nongame gross fish.

The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.

Miss. Code Ann. § 49-7-31 Open season on deer.

The open season on deer shall be as follows: With bow and arrow: October 1 through the Friday prior to Thanksgiving. With guns and with dogs: from the Saturday prior to Thanksgiving through December 1. With primitive weapons and without dogs: December 2 through December 15. 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. 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 subsection (1)(a) in this area. 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). The commission may set and regulate the deer seasons on wildlife management areas which it administers. 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. 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. 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. 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. 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: The title owner of the land; The lessee of the hunting rights on the land; A member of a hunting club leasing the hunting rights on the land; or A guest of a person specified in subparagraph (i), (ii) or (iii). 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.

Miss. Code Ann. § 49-7-31.1 1. Open season on deer; requirements for wearing hunter orange during any firearm season; exceptions; penalties.

When hunting deer during any firearm season on deer, every hunter, whether hunting with a firearm, bow and arrow or any other weapon, must wear in full view at least five hundred (500) square inches of solid unbroken fluorescent orange, except as otherwise provided in this section. Hunters shall not be required to wear the five hundred (500) square inches of solid unbroken fluorescent orange required under subsection (1) of this section when: Hunting from a deer stand that is elevated twelve (12) feet or more above the ground; or Hunting in a fully enclosed blind. A violation of this section is a Class III violation and is punishable as provided in Section 49-7-101.

Miss. Code Ann. § 49-7-31.2 2. Open season for game birds.

The open season for game birds shall be as follows: On bobwhite quail: The season shall open on Thanksgiving Day and run through the first Saturday in March next following. On pheasant: There shall be no open season on pheasant. On wild turkey: The commission may fix the spring season between March 1 and May 15. In addition, the commission may fix special fall either-sex seasons. On migratory birds: The open season for migratory birds shall be the season prescribed by the Federal Migratory Bird Treaty regulations.

Miss. Code Ann. § 49-7-31.3 3. Open season for game animals other than deer.

The open season on game animals except deer shall be as follows: On squirrel: The season shall open on October 1 and run through February 28 next following. In addition, the commission is authorized to set a season that shall open not earlier than May 15 and run not later than June 1 next following. On rabbits: The season shall open on the Saturday nearest October 15 and run through February 28 next following, and when rabbits are depredating or destroying crops, the owner of the crops or his tenants may shoot the rabbits with guns.

Miss. Code Ann. § 49-7-31.4 4. Open season on fur-bearing animals; hunting raccoons and bobcats with dogs; additional open season on raccoons.

The commission may fix the open season on fur-bearing animals between November 1 and March 15 next following and fix the open season for hunting opossums, raccoons and bobcats with dogs and guns by licensed hunters from October 1 to March 15 next following; but raccoons and bobcats may be run, hunted, chased or pursued throughout the year with dogs by licensed hunters. The commission may establish an additional open season on raccoon from July 1 through October 1, and the bag limit on raccoon during the additional open season shall be one (1) per party, per night.

Miss. Code Ann. § 49-7-31.5 5. Hunting, trapping and taking of nuisance animals; unlawful to trap certain animals outside of open season for fur-bearing animals; hunting nuisance animals with dogs, electronic calls, bait and lures authorized; exceptions; hunting wild hogs; penalties.

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. Landowners, agricultural leaseholders or their designated agents may take predatory and nuisance animals year-round on lands owned or leased by them. 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. 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. 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. 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. Nuisance animals may be run, chased or pursued with dogs, except as provided in Section 49-7-32, year-round by licensed hunters. Nuisance animals may be hunted with the aid of electronic calls. Nuisance animals may be hunted or trapped with the aid of bait and lures, on private lands, according to regulations adopted by the commission. Any part of a nuisance animal may be bought and sold year-round. 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. A violation of this subsection is a Class I violation and is punishable as provided under Section 49-7-141. 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.

Miss. Code Ann. § 49-7-32 Restrictions on hunting with dogs during turkey season.

The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.

Miss. Code Ann. § 49-7-33 Use of scents, lures, sound devices or supplemental feed for hunting and trapping.

It is unlawful to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait, recordings of bird or animal calls, or electrically amplified imitations of calls of any kind, except a person: May use electrically amplified sound devices for hunting crow; May use liquid scents for any animal or bird; May use lures for trapping fur-bearing animals, according to regulations adopted by the commission; May take nuisance animals as provided in Section 49-7-31.5; and May take deer with the use of supplemental feed. The commission, in its discretion, may relax the restrictions regarding the use of lures or sound devices if a condition arises or exists, as decided by the State Board of Health or county board of health, that may endanger persons or livestock in a certain community, county or area.

Miss. Code Ann. § 49-7-33.1 1. Taking deer with the use of supplemental feed.

The Commission on Wildlife, Fisheries and Parks shall allow the taking of deer with the use of supplemental feed and may place any reasonable conditions or restrictions on such taking. The Commission on Wildlife, Fisheries and Parks shall establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the use of supplemental feed. The commission shall allow the taking of deer with the use of supplemental feed on private lands only. The commission shall take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the use of supplemental feed. The Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the supplemental feed program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism. The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the use of supplemental feed. A violation of this section or any regulation of the commission promulgated under this section shall be punishable as a Class II violation as defined in Section 49-7-143, and if the violator is a nonresident, then upon conviction, he or she shall lose the opportunity to obtain a nonresident license as defined in Section 49-7-8.

Miss. Code Ann. § 49-7-34 Hunting enclosures; permits; regulations; penalties for violation.

The Commission on Wildlife, Fisheries and Parks shall not prohibit the operation of a hunting enclosure for hunting or pursuing rabbit, fox or coyote, but the commission may prescribe regulations and require a permit for the operation of such hunting enclosures. Application for the permit shall be submitted to the Department of Wildlife, Fisheries and Parks. The department shall inspect and approve such hunting enclosure before issuing a permit. The permit fee shall be a reasonable amount, to be determined by the commission. Such hunting enclosure shall consist of an area fully enclosed by a fence. Such fence shall be constructed in such a manner as may be prescribed by the commission. A person who violates this section or any regulation pertaining to hunting enclosures is guilty of a Class II violation and is punishable as provided in Section 49-7-143, Mississippi Code of 1972, and may, at the discretion of the commission, have his permit revoked for a period of twelve (12) months. A second or subsequent violation shall be punished by the maximum allowable fine as provided in Section 49-7-143.

Miss. Code Ann. § 49-7-35 Game season beginning on Sunday.

Whenever the time fixed by statute for the beginning of a game season shall fall on a Sunday, the season shall begin on the preceding Saturday.

Miss. Code Ann. § 49-7-37 Hunting of game with falcons or hawks, bow and arrow or primitive firearms; special open seasons on deer and small game; license fees; penalties.

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. The commission may extend the special archery seasons on any public hunting projects, game refuges or prescribed areas having surplus deer populations. 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. The commission may make reasonable rules and regulations concerning the special seasons with falcons and hawks, bow and arrow and primitive firearms which it deems necessary and proper. The commission shall define the term “primitive firearm” for purposes of this section and other law or regulation. The use of dogs shall be prohibited for hunting deer during any of the special hunting seasons. 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. Any person violating this section is guilty of a Class II violation and shall be punished as provided in Section 49-7-143. All seasons provided for herein shall begin on Saturday.

Miss. Code Ann. § 49-7-38 Certain persons authorized to hunt with bow and arrow or crossbow during any open season on deer, turkey or small game.

Any person who is exempt from having a hunting license and any person licensed to hunt deer with a bow or primitive weapon may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game. When hunting during any gun season on deer, the hunter must comply with Section 49-7-31.1.

Miss. Code Ann. § 49-7-38.1 1. Special hunting permit for youth under age 18 who have life threatening illnesses.

The Mississippi Commission on Wildlife, Fisheries and Parks shall establish a special hunting permit foryouth under the age of eighteen (18) who have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission.This special hunting permit for youth having a life threatening illness may occur anytime during the calendar year and for any game bird or game animal.However, the commission may not allow these permits during any time that conflicts with laws governing the taking of federally protected birds or species.The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permits. The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands for youth under the age of eighteen (18) who are deemed to have a life threatening illness.This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permit.

Miss. Code Ann. § 49-7-39 Special hunt for youth and persons with disabilities in Natchez State Park; primitive weapon season in Natchez State Park; commission may establish such hunts in other state parks; commission may authorize special youth hunts for nonmigratory birds; special hunting season for youth to run concurrently with primitive weapon season on deer.

The commission shall establish a special hunting season for youth under the age of sixteen (16) and for handicapped persons in the Natchez State Park. The commission shall also establish a primitive weapon season in the Natchez State Park. The selection of participants in the primitive weapon season shall be by public drawing from all qualified applications. The commission shall set the number of permits to be issued and the length of the special seasons. The commission may also establish a special hunting season for youth and handicapped persons or a primitive weapon season as provided in this section in any other state park under the jurisdiction of the department but shall only do so upon the recommendation of the staff of the department as approved by the commission. The commission shall select participants and set the number of permits to be issued and the length of the special seasons. The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands. The commission shall establish and regulate a special hunting season for youth under the age of sixteen (16) to run concurrently with the primitive weapons season on deer.

Miss. Code Ann. § 49-7-40 Special hunt by handicapped persons in natural area at Arkabutla Lake.

The commission may adopt regulations to provide for a special hunt by handicapped persons in the natural area at Arkabutla Lake designated by the U.S. Corps of Engineers. The hunt and any such regulations must be approved by the U.S. Corps of Engineers. The following restrictions apply to any such hunt: The hunt shall be open to wheelchair-bound physically disabled persons; Selection of participants shall be by public drawing from all qualified applications received; No more than thirty (30) permits shall be issued; The hunt shall not exceed a total of six (6) days; A hunting license shall not be required of resident or nonresident applicants; Any other actions the commission and the U.S. Corps of Engineers deem necessary for a safe and productive hunt.

Miss. Code Ann. § 49-7-41 Bag limits.

The commission may set the bag limits for game animals, birds and fish, unless the bag limits are established by the Legislature by statute. The commission shall have plenary authority to set the bag limits for white-tailed deer, and promulgate any regulations necessary to facilitate the exercise of that authority, consistent with best management practices, scientific data and subject to all existing applicable laws, rules and regulations of this state or the United States of America. The bag limit on antlerless deer set by the commission as authorized in this section shall not apply to private lands under the deer management assistance program or the fee-based antlerless program as approved by the department.

Miss. Code Ann. § 49-7-42 Training bird dogs through use of release pens and tamed and identified quail.

It is lawful at all times for any person, upon the issuance of a permit by the commission, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the commission and upon payment of the sum of Three Dollars ($3.00) each. The permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds shall be conducted under the rules and regulations of the commission. The tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.

Miss. Code Ann. § 49-7-43 Regulation of certain Mississippi lands purchased by federal government.

The executive director shall have authority to close all hunting and fishing within the lands contracted for with the federal government pursuant to the provisions of Section 49-5-23 for such period of time as may, in the opinion of the executive director, be necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, to fix the amount of fees required for special hunting licenses and to issue such licenses, to prescribe the number of animals and game, fish and birds that shall be taken therefrom and the size thereof, and to prescribe the conditions under which the same may be taken. Any person violating any of the rules so promulgated by the executive director, or who shall hunt or fish upon such lands at any time, other than those times specified by the executive director, shall, upon conviction therefor be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each and every offense.

Miss. Code Ann. § 49-7-45 Certain acts declared unlawful; dismissal upon proper proof of actions for failure to register or possess boat’s registration card.

It is unlawful for any person: To hunt, chase, kill or to pursue with the intent to take, kill or wound any wild animal or wild bird in violation of this chapter; To hunt, take, kill or wound any game animal or game bird with a gun larger than 10 gauge; To hunt, take, wound or shoot at any game bird: From any motorboat or other craft having a motor attached unless the motor has been completely shut off and its progress has ceased. A craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from a craft under power; or From any sinkbox or battery except in waters of the Gulf Coast. To wound, drown, shoot, capture, take or otherwise kill any deer from a boat. To lend or transfer or borrow or to use or display while hunting, trapping or fishing, a license or tag of another. To aid in the securing of a license for or to knowingly issue a license for any person not legally entitled to same. To hunt, trap or fish in this state after the right to do so has been denied by the commission or the license therefor has been revoked. To hunt or trap any birds, game or wild animals during the closed season. Any person violating paragraphs (b), or (f) is guilty of a Class II offense and shall be punished as provided in Section 49-7-143. Any citation issued to a boat operator for not registering or possessing the boat’s registration card shall be dismissed, along with all related court costs if the boat operator can verify that the boat was properly registered prior to the date of violation. A boat operator may submit a copy of his or her boat’s proper registration card, certified by the clerk or magistrate of the court holding the trial or hearing, along with all related court costs, to the court or magistrate before the date of the trial or hearing and the citation shall be dismissed under this subsection without the boat operator or the boat operator’s counsel being present.

Miss. Code Ann. § 49-7-47 Restrictions on hunting or catching alligators.

The commission may control, regulate and manage the taking of all alligators. Residents and nonresidents shall be required to purchase a combination hunting and fishing license to hunt, kill or catch any alligator for sporting purposes. Residents and nonresidents shall be required to obtain a special permit to hunt, kill, catch or possess any alligator for commercial purposes. The commission may establish a reasonable fee for an annual special sporting permit, not to exceed Two Hundred Dollars ($200.00), and may prescribe regulations governing commercial trade in alligators. Any reasonable fee established for an annual special commercial permit shall not exceed Five Hundred Dollars ($500.00). Such permit shall be good from the date of its issuance to June 30 following its date. Any person violating this section is guilty, upon conviction, of a Class I offense and is punishable as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-49 Prima facie evidence of hunting, trapping, or fishing.

For the purpose of this chapter, the fact that any person shall be found in the possession of a trap, fishing tackle, or other device of any description whatsoever used for the purpose of taking wild animals, wild birds or fish in the natural habitat of such animals, birds, or fish, or in the possession of dead bodies of wild birds, wild animals or fish within the field, in the forests or on the public highways or on the waters of this state, shall be prima facie evidence that such person is or has been hunting, trapping, or fishing.

Miss. Code Ann. § 49-7-51 Sale of game birds, animals or fish.

It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish, or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation. It is lawful for the following items to be bought and sold in accordance with the rules and regulations promulgated by the commission: The skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet; Any part of a wild turkey, except the meat; and Any parts of nuisance animals. Mounted game animals, birds and fish may not be sold, purchased or leased. A violation of this subsection is a Class I violation and is punishable as provided in Section 49-7-141. Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-53 Shipment and other transportation of game birds, animals or fish.

It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter. No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following in accordance with rules and regulations promulgated by the commission: Rabbits; The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and thirty (30) days thereafter; Skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet; Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9; Any part of a wild turkey, except the meat; and The meat, hide or any other body parts of nuisance animals. The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense. A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41. Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths. A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-54 Importation and translocation of white-tailed deer into state prohibited; exception for university research facilities; commission to establish regulations governing importation with emphasis on disease prevention; penalties.

It is unlawful to import and translocate live white-tailed deer into this state, except that university research facilities may import live white-tailed deer upon prior approval of the commission. The commission shall establish regulations governing the importation of white-tailed deer with emphasis on preventing the introduction of diseases. A person who violates this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-55 Unlawful to possess, etc.

It shall be unlawful for any restaurant, hotel, club, or other public eating place to knowingly have in its possession, or to offer for sale to its patrons any game birds, game animals, or game fish enumerated in this chapter, whether taken within or coming from without the state, except that any such public eating place may prepare and serve game birds, game animals, or game fish to any persons who have legally killed or taken same.

Miss. Code Ann. § 49-7-56 Restaurants permitted to prepare and serve recreationally caught finfish to persons who caught the fish.

It is lawful for any restaurant to possess, prepare and serve lawfully, recreationally caught marine finfish to the persons who caught the finfish.

Miss. Code Ann. § 49-7-57 Possession of lawfully taken game animal, bird or fish; unlawful possession prohibited.

Any game animal, bird or fish lawfully taken may be possessed during the open season and during the closed season. Any game animal, bird or fish unlawfully taken may not be possessed at any time.

Miss. Code Ann. § 49-7-58 Temporary moratorium on importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease; penalties; authority of commission.

In addition to the ban on importing white-tailed deer under Section 49-7-54, there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture. Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141. Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141. A second or subsequent violation under this section shall be punished by the maximum fine under Section 49-7-141. The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state. It shall be the duty of the Commissioner of Agriculture and Commerce, the Board of Animal Health, the State Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the Department of Wildlife, Fisheries and Parks to consult and coordinate efforts on matters related to chronic wasting disease, the prevention of the introduction of chronic wasting disease in the state and to ensure the health and safety of the public and wildlife. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary authority in matters related to the importation of white-tailed deer, white-tailed deer in enclosures, and prevention of the introduction of chronic wasting disease into the native wildlife population.

Miss. Code Ann. § 49-7-58.1 1. Regulation of enclosures preventing free egress of white-tailed deer.

The owner of any enclosure containing white-tailed deer that prevents the free egress of white-tailed deer from the enclosed area shall notify and register with the Department of Wildlife, Fisheries and Parks. The person shall give his name, the location of the enclosure, the acreage within the enclosure, and whether any deer have been imported into the state and placed in the enclosure, and any other information required by the Commissioner on Wildlife, Fisheries and Parks. Persons who constructed an enclosure prior to July 1, 2003, shall have until January 1, 2004, to notify and provide the information required under this section. The person shall use acceptable hunting and wildlife management practices as may be determined by the department. The owner of such an enclosure shall comply with any testing of white-tailed deer harvested within the enclosure as may be required by the department. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the owner of such enclosure shall allow department personnel to enter the enclosure to utilize lethal collection methods to obtain tissue samples for testing. If chronic wasting disease is diagnosed within the enclosure, the owner shall allow department personnel to enter the enclosure and depopulate the white-tailed deer within the enclosure. A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-58.2 2. Program of inspecting, monitoring, testing and preventing chronic wasting disease.

The Department of Wildlife, Fisheries and Parks shall develop and implement a program for inspecting, monitoring, testing and preventing chronic wasting disease. The Department of Wildlife, Fisheries and Parks is authorized to require the chronic wasting disease testing of white-tailed deer harvested within any enclosure. If chronic wasting disease is diagnosed in white-tailed deer within an enclosure, the department is authorized to enter the enclosure and depopulate the white-tailed deer within the enclosure. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the department is authorized to enter the enclosure and utilize lethal collection methods to obtain tissue samples. If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.

Miss. Code Ann. § 49-7-58.3 3. Regulation of hunting of nonnative cervids in noncommercial wildlife enclosures.

The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25. A violation of this section is a Class I violation and punishable as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-58.4 4. Regulation of commercial and noncommercial wild animal enclosures and facilities preventing free ingress and egress of native and nonnative cervids.

The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary power to regulate all commercial and noncommercial wild animal enclosures in order to conserve and protect native wildlife for all citizens to enjoy and to protect our recreational economy dependent on native wildlife resources. The Commission on Wildlife, Fisheries and Parks shall regulate any facility that prevents the free ingress and egress of native or nonnative cervids as the same are defined by the commission. The commission may promulgate rules and regulations requiring the issuance of permits and the payment of a reasonable fee therefor. Regulations promulgated under this authority must have a majority vote of the commission to be adopted.

Miss. Code Ann. § 49-7-59 Hours for hunting.

It is unlawful for any person to hunt any wild animal or wild bird during the night from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, either with or without the use of a light, except: Beavers, bobcats, fox, opossums, nutria and raccoons; and Coyotes by a landowner, agricultural leaseholder or his designated agent on lands owned or leased by the owner or leaseholder. The commission shall prescribe the weapons that may be used to hunt game under this section. A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143.

Miss. Code Ann. § 49-7-61 Hunting on Sabbath.

If any person shall hunt within one-fourth (1/4) mile of any church on Sunday while worship services are being held, he shall, on conviction be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 49-7-63 Use of traps, nets, etc., prohibited.

It shall be unlawful for any person at any time to capture wild fowl or game birds by the use of traps, nets or other contrivances, except as provided by this chapter.

Miss. Code Ann. § 49-7-65 Unlawful to hunt, when.

Except as provided in this chapter, it is unlawful for any person to hunt, trap, take, kill, wound or capture, or attempt to hunt, trap, take, kill, wound or capture any fur-bearing animals except during the open season prescribed by law or regulation. However, mink may be hunted with dogs during the season for taking of fur-bearing animals on payment of trapper’s license fee by person so hunting mink with dogs.

Miss. Code Ann. § 49-7-67 Unlawful to sell, when.

It shall be unlawful for any person to buy, sell or offer for sale the pelt of any fur-bearing animal knowing that the same has been unlawfully taken.

Miss. Code Ann. § 49-7-68 Unlawful to engage in computer-assisted remote hunting; penalties.

For purposes of this section: “Computer-assisted remote hunting” means the use of a computer or any other device, equipment or software to remotely control the aiming and discharge of archery equipment, firearms or primitive firearms to take any game animal or bird. “Facility for computer-assisted remote hunting” means the real property and improvements on the property to facilitate computer-assisted remote hunting. It is unlawful for a person to engage in computer-assisted remote hunting. It is unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state. A person violating this section is guilty of a Class I offense and shall be punished as provided under Section 49-7-141. Each game animal or bird killed in the violation of this section is a separate offense.

Miss. Code Ann. § 49-7-69 Use of explosives and chemicals prohibited.

It shall be unlawful for any person in the taking or killing of fur-bearing animals or fish to use poison, explosives or chemicals of any description.

Miss. Code Ann. § 49-7-71 Unlawful to disturb traps.

It shall be unlawful for any person to disturb the traps of another or to take any fur-bearing animals from them unless specifically authorized by the owner and any person so doing shall be guilty of larceny, or trespass as the case may be, and punishable as provided by law.

Miss. Code Ann. § 49-7-73 Unlawful to disturb nests or eggs.

It shall be unlawful to needlessly disturb or to destroy the nests of birds or their eggs. A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143.

Miss. Code Ann. § 49-7-75 Unlawful to fire woods, when.

It shall be unlawful during the nesting season of game birds for any person to set fire to the woods or fields other than on his own premises for the purpose of driving wild animals or birds out of fields or forests.

Miss. Code Ann. § 49-7-77 Game protected during high water or fire.

It shall be unlawful to hunt, trap, take, frighten, or kill game or fur-bearing animals forced out of their natural habitat by high water or fire until they have been permitted to return to such habitat by recession of such water, or the extinguishing of such fire. All quail shall be protected from all hunting when the ground is covered by snow or when forced out of their natural habitat by high water or fire until they have been permitted to return to such habitat by the recession of such water or the extinguishing of such fire.

Miss. Code Ann. § 49-7-78 Canned hunts prohibited.

For purposes of this section, the term “canned hunts” means the practice of providing a hunting opportunity under controlled conditions in which native game animals hunted may not have a reasonable opportunity to avoid the hunter. Canned hunts are prohibited in the state. The commission shall adopt regulations it deems necessary to prohibit and control such hunts. Nothing in this section shall prohibit the operation of private shooting preserves or commercial wildlife enclosures as authorized by statute.

Miss. Code Ann. § 49-7-79 Unlawful to hunt on lands of others, when.

It shall be unlawful to hunt, shoot, or trap or otherwise trespass on the lands or leases of another after having been warned not to do so, whether in person or by posting of suitable notice in conspicuous places on such lands.

Miss. Code Ann. § 49-7-80 Releasing aquatic species or animals not indigenous to Mississippi without permit.

No person shall stock, place, release or cause to be released into any of the public waters of the state any aquatic species without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. No person shall release or cause to be released within this state, any animal not indigenous to Mississippi without first obtaining a permit from the Mississippi Department of Wildlife, Fisheries and Parks. The department may issue or deny a permit after it completes a study of the species to determine any detrimental effect the species might have on the environment. The department shall establish and maintain a list of approved, restricted and prohibited species and establish rules governing importation, possession, sale and escape of those species. This section shall not prohibit the practice of catch and release of native fish species or the release of native fish bait species. A person violating this section is guilty of Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-81 Unlawful methods of taking fish; exceptions; penalties.

It is unlawful to take or kill game fish in any manner other than by hook and line with one or more hooks, or by use of a trot or troll line. Dip or landing nets may be used when landing a fish caught by hook and line, trot or troll lines. Shad and minnows may only be taken as bait with the aid of a dip or landing net, cast nets, boat-mounted scoops and wire baskets by residents for personal use in sportfishing. However, in private ponds or borrow pits or overflow ponds which go dry in summer and cut off from the regular streams, dip nets may be used for capturing or rescuing game fish. It is unlawful to kill or take fish of any species at any time or anywhere by mudding, or by the use of lime, poison, dynamite, India berries, weeds and walnuts, giant powder, gunpowder, or any other explosive, and no nongame gross fish shall be taken by the use of nets, seines or traps for personal use without a commercial fishing license. It is unlawful to set any freshwater commercial fishing equipment so that it extends more than halfway across the width of any stream, channel, drain or other body of water, and if commercial fishing equipment is placed in water, each piece of equipment shall be placed at least one hundred (100) yards apart. The commission shall have the authority to fix the minimum size mesh for use in barrel nets, hoop nets and seines for use in the freshwaters of this state regulated by the Commission on Wildlife, Fisheries and Parks. This authority given the commission shall not be extended to the regulation of mesh size for use in marine waters. Notwithstanding anything in this or any other section to the contrary, any person in Mississippi fishing with barrel nets, hoop nets or seines in any waters of common boundary between Mississippi and another state may use a mesh size in such nets which is the same as the mesh size allowed in the other state, where the other state allows a mesh size in such nets which is smaller than the mesh size otherwise allowable in Mississippi. It is unlawful for any person to catch or destroy fish by the use of dynamite, gunpowder or other explosive substance. It is unlawful for any person to use a telephone, battery or any other electrically operated device for the purpose of killing or capturing fish. It is unlawful for any person to use any chemical of any kind in any stream or any lake where the public fishes for the purpose of killing or taking fish, except that this provision shall not be construed to apply to any owner of any fish pond using such chemical in his own private pond. It is unlawful for any person to poison any fish by mingling in the water any substance calculated and intended to stupefy or destroy fish. It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission. Any hoop net, barrel net, seine, gill net, slat baskets, trammel net or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and shall be subject to forfeiture. Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section is guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141.

Miss. Code Ann. § 49-7-83 Unlawful not to return to water game fish taken by net.

It shall be unlawful for any person to fail to return to the water, immediately, any game fish taken by net or seines or other contrivances used for the taking of fish not classified as game fish.

Miss. Code Ann. § 49-7-85 Repealed.

Repealed by Laws of 1985, ch. 379, § 1, effective from and after March 21, 1985. [Codes, 1942, § 5902,5; Laws, 1952, ch. 190, §§ 1-4; 1954; Laws, 1954, ch. 169; Laws, 1968, ch. 261, § 1]

Miss. Code Ann. § 49-7-87 Fish, sale of, unlawful, when.

It is unlawful for any person to sell, offer for sale or exchange any game fish enumerated in this chapter whether taken within or coming from without the state. The Department of Agriculture and Commerce may issue a permit to the owner of a private pond to sell fish grown or cultivated for stocking purposes only under such regulations as the Department of Agriculture and Commerce may deem necessary.

Miss. Code Ann. § 49-7-89 Fish dealers not to possess.

It shall be unlawful for any fish dealer to buy, sell, or offer to buy or sell, or to knowingly have in possession any of the game fish enumerated in this chapter whether taken within or coming from without the state.

Miss. Code Ann. § 49-7-90 Possession of paddlefish in violation of law or regulation; penalties; permits and fees.

Any person who takes or possesses a paddlefish or parts thereof, whether coming from within or from outside the state, in violation of law or regulation is guilty of a Class I violation and may be punished as provided in Section 49-7-141, and upon conviction, shall forfeit all hunting, trapping and fishing privileges and paddlefish permits for a period of not less than one (1) year from the date of conviction. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored. The commission may promulgate rules and regulations, establish and issue permits and establish and collect fees for permits for the harvest and sale of paddlefish and paddlefish parts. Any person engaged in selling or peddling nonnative fish taken from public waters must possess a commercial fishing license. Any person required to purchase a commercial fishing license must report his catch and/or other activities as required by regulation of the commission.

Miss. Code Ann. § 49-7-91 Unlawful to fish commercially in Muddy Bayou.

It is unlawful for any person, firm, or corporation to fish commercially at any time in Muddy Bayou, in Warren County, Mississippi. The department may enforce this section and seize and confiscate all commercial nets and seines used in Muddy Bayou, in Warren County, Mississippi, or on any part of the bayou, either along the length or at its two (2) openings in and to Eagle Lake and Steele Bayou. Any person violating this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition the department shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds to the credit of the State Game and Fish Fund.

Miss. Code Ann. § 49-7-93 Killing deer or spotted fawn out of season; penalties.

Any person convicted of intentionally killing any deer or spotted fawn out of season shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00); and the commission shall have authority to revoke a license for a period of one (1) year.

Miss. Code Ann. § 49-7-95 Killing deer by headlighting or other lighting devices; killing livestock; harassment of wildlife; penalties.

Any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or light amplifying device shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141. For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aid of a light, lighting device or light amplifying device. Such observation of an overt act may include, but shall not be limited to, witnessing the discharge of a weapon capable of killing a deer, hearing the report of a firearm being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessing the person committing any acts consistent with headlighting deer in violation of this subsection. Violators of subsection (1), twenty-one (21) years old or older, upon conviction, shall also forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend such courses prescribed by the commission. A violator shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored. A person twenty-one (21) years old, or older, convicted of a first violation of subsection (1) may petition the commission to have his privileges restored after one (1) year from the date of his conviction. The commission may prescribe conditions on the restoration of privileges for a first-time offender, and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00). A violator of subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission. A violator under the age of twenty-one (21) may petition the commission to have his privileges restored after he has paid his penalty. The violator shall pay a reinstatement fee of Two Hundred Fifty Dollars ($250.00) to have his privileges restored. A person under the age of twenty-one (21) convicted of a second or subsequent violation of subsection (1) shall forfeit all hunting, trapping and fishing privileges for a period of not less than three (3) consecutive years from the date of conviction and shall attend courses prescribed by the commission. The person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his privileges restored. A person who is appealing from a violation of subsection (1) shall have his hunting privileges suspended or revoked as provided in Section 49-7-27. This section shall not apply to any deer killed in an accident with any motor vehicle. Anyone found guilty of violating this section who shoots or kills any livestock shall be punished as provided in Section 97-41-15, in addition to the penalties provided in this section. It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise. This section shall not apply: (a) to the normal use of headlights of a vehicle traveling on a public road or right-of-way; (b) to law enforcement, emergency or utility personnel in the performance of their official duties; (c) to landowners, agricultural or hunting leaseholders or their designated agents with written authorization from the landowner or agricultural leaseholder, and upon lands owned or leased by the landowner, leaseholder or agent; (d) to persons lawfully hunting, fishing or trapping; or (e) a landowner, agricultural leaseholder or a designated agent in the act of searching for or retrieving escaped livestock or pets. Any person convicted under this provision shall be guilty of harassment of wildlife and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment.

Miss. Code Ann. § 49-7-96 Deer management zones; antler restrictions.

The Commission on Wildlife, Fisheries and Parks may establish deer management zones within the state. The commission may establish antler restrictions within the zones for the proper management of antlered deer. The antler restrictions in Sections 49-7-31 and 49-7-41 shall not apply to those zones with antler restrictions established by the commission. If the commission establishes deer management zones or establishes antler restrictions, the department shall study and analyze all relevant data and shall file annual progress reports with the Legislature. The department shall file a final report on the effectiveness of the program with recommendations on the continuation of such restrictions.

Miss. Code Ann. § 49-7-97 Liability of public officer for failure to perform duty.

Any public officer who wilfully fails to perform any duty imposed by law or by any lawful rule or regulation of the commission, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.

Miss. Code Ann. § 49-7-99 Repealed.

Repealed by Laws of 1998, ch. 409, § 3, eff from and after passage (approved March 24, 1998). [Codes, 1942, § 5903.5; Laws, 1964, ch. 340, §§ 1-3; Laws, 1971, ch. 316, § 1, eff from and after passage (approved February 8, 1971)]

Miss. Code Ann. § 49-7-101 General fines and penalties.

Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds, or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a Class III violation and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). In addition thereto, such person is liable, in the discretion of the court, to an additional penalty of Twenty-five Dollars ($25.00) for each animal, bird, or fish, or part thereof, or each nest or egg of any bird taken, possessed, or transported in violation of such law or regulation. Any person unlawfully killing a doe deer is guilty of a Class II violation and shall be punished as provided in Section 49-7-143. Any person killing a wild turkey hen, except when permitted by the commission is guilty of a Class II violation and shall be punished as provided in Section 49-7-143. Any person killing any turkey out of season, and any person baiting turkeys is guilty of a Class II violation and shall be punished as provided in Section 49-7-143. Any person unlawfully trapping quail or any other game bird within this state is guilty of a Class II violation and shall be punished as provided in Section 49-7-143. Any person transporting, shipping, or carrying quail or any other game bird within, or from within to a point without this state, without first having secured permission from the executive director to so do, shall, except as otherwise provided by Section 49-1-1 et seq., be fined not less than One Hundred Dollars ($100.00).

Miss. Code Ann. § 49-7-102 Repealed.

Repealed by Laws of 1990, ch. 329, § 10, eff from and after October 1, 1990. [En, Laws, 1976, ch. 383, § 1]

Miss. Code Ann. § 49-7-103 Seizure and confiscation of property used in illegal hunting or fishing, etc., as contraband.

The following property is subject to forfeiture: any firearm, equipment, appliance, conveyance or other property used directly or indirectly in the hunting or catching or capturing or killing of deer at night with any headlight, lighting device or light amplifying device, or in fishing for, or killing or capturing fish by using a telephone, magneto, battery, or any other electrically operated device including but not limited to any all-terrain vehicle, trailer, boat, outboard motor, airplane, net, light, battery, magneto, wires, telephone device, or any other device or contrivance or other vehicle, or which may be used in the transportation of any dead or live deer taken, captured, or killed at night with or by means of a headlight, lighting device or light amplifying device, or any dead or live fish killed, stunned, captured, or taken by using a telephone, battery, magneto, or any other electrically operated device. No motor vehicle that is of the type required to be titled under the Mississippi Motor Vehicle Title Law is subject to forfeiture. Property subject to forfeiture shall be seized by any employee of the department or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257.

Miss. Code Ann. § 49-7-105 Repealed.

Repealed by Laws of 1989, ch. 468, § 6, eff from and after March 28, 1989. § 49-7-105 . [Codes, 1942, § 5866-05; Laws, 1956, ch. 149, § 6; Laws, 1964, ch. 228, § 1; Am Laws, 1981, ch. 471, § 50; Laws, 1982, ch. 423, § 28] § 49-7-107 through § 49-7-131 . [Codes, 1942, §§ 5866-06 through 5866-18; Laws, 1956, ch. 149, §§ 7-19] Editor’s Notes — Former § 49-7-105 contained procedures for filing a claim to recover seized property. Former §§ 49-7-107 through 49-7-131 related to the seizure and disposition of property. Provisions for forfeiture of property for violation of fish and game laws now appear in §§ 49-7-251 et seq.

Miss. Code Ann. § 49-7-133 Reciprocity agreement recognizing hunting and fishing licenses issued by participating states.

The commission may negotiate with the Louisiana Conservation Commission and the Arkansas Game and Fish Commission to effectuate a reciprocity agreement with one or both of these commissions providing that the hunting and fishing licenses and the rules and regulations governing hunting and fishing shall be acceptable and recognized by the game and fish commissions or the conservation commission of each of the states participating in the reciprocity agreement, when hunters or fishermen hold a current license issued by the state game and fish commissions or the conservation commission of the state in which he is domiciled, when fishing in the Mississippi River or in bodies of water between the Mississippi River and the levee nearest the river, in places where there is a levee; and in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee; and when hunting waterfowl and other migratory species in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs in places where there is no levee. For all counties lying wholly or partially within the Mississippi levee district, and bordering upon the Mississippi River, and having a population of more than five thousand (5,000) according to the 1950 census, the commission is authorized to effectuate a reciprocity agreement, with the Game and Fish Commissions of Arkansas and Louisiana, and/or with the Game and Fish Commissions of the Counties of Desha and Chicot in the State of Arkansas, which shall permit hunting waterfowl and other migratory species, deer, squirrels, turkeys, quail and rabbits in the Mississippi River, or between the Mississippi River and the levee nearest the Mississippi River, or in the Mississippi River or in lakes formed by the Mississippi River, or in old Mississippi River runs and in places where there is no levee.

Miss. Code Ann. § 49-7-135 Compact concerning Pearl River authorized.

The executive director may proceed immediately to negotiate with the Game and Fish Commission of the State of Louisiana to effectuate a reciprocity agreement with such commission providing that the current hunting and fishing licenses issued to hunters or fishermen of the respective states shall be accepted and recognized by the game and fish commissions of each of the states for the purpose of hunting for migratory water fowl or fishing by the hunters or fishermen of either state in the Pearl River between top bank and top bank along the course where the Pearl River forms a boundary line between the State of Louisiana and the State of Mississippi.

Miss. Code Ann. § 49-7-137 Lease of certain state lands for hunting, fishing and conservation purposes.

The Department of Finance and Administration may lease for hunting, fishing and conservation purposes to the Quitman County Conservation League, Incorporated, a nonprofit domestic corporation, all wood lands owned by the State of Mississippi in Quitman County, Mississippi, and being a part of Camp “B” at the O’Keefe Farm of the Mississippi State Penitentiary. Any such lease shall be for a period and term of not more than one (1) year, but the same may continue from year to year until terminated by one (1) of the parties thereto. Any such lease shall be upon such terms and conditions as may be imposed by the Department of Finance and Administration and the Board of Commissioners of the Mississippi State Penitentiary and the same shall have no force and effect until approved in writing by said board of commissioners and may be terminated at the pleasure of the board of commissioners, or the Department of Finance and Administration. Such lease shall provide that the use of such wood lands by the Quitman County Conservation League, Incorporated, shall be under the supervision of the commission. Any lease on this land shall provide that any citizen of this state shall be entitled to hunt and fish on these lands providing they shall comply with all laws and regulations pertaining to fishing and hunting and provided such person meets the membership qualifications and pays the membership fee in the amount of Three Dollars ($3.00) as set by the Quitman County Conservation League.

Miss. Code Ann. § 49-7-139 Seafoods excluded.

This chapter shall in no way abridge, affect or repeal any of the statutes, laws, or acts relating to or having reference to seafoods, oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs or any other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi as set out in and covered by Chapter 15 of Title 49 of the Mississippi Code of 1972. None of the duties conferred on the Mississippi Commission on Marine Resources under Chapter 15 of Title 49 shall be conferred upon or exercised in any way by the Mississippi Commission on Wildlife, Fisheries and Parks.

Miss. Code Ann. § 49-7-140 Importation, release and transportation of wild hogs; prohibition; permit; penalties.

No person may import into the state or release into the wild, any live feral hog, wild swine or Russian Boar. No person may transport on public roads or off of the property of record where captured or relocate within the state any live feral hog, wild swine or Russian Boar, except as permitted by the department. For the purposes of this section, “feral hogs, wild swine or Russian Boar” are defined as any hog that is not a domesticated pet or livestock. A violation of this section is a Class I violation punishable as provided in Section 49-7-141. Wild hogs may be caught or trapped and transported within the State of Mississippi, with a permit, issued by the Mississippi Department of Wildlife, Fisheries and Parks. Wild hogs may not be released or removed alive from any mobile device or vehicle, except that wild hogs may be released alive for the purpose of slaughter into an enclosure no larger than five hundred (500) square feet in size and constructed in a manner that prevents the escape of any wild hog, or to a facility where the hog may be immediately prepared for slaughter. The commission shall promulgate rules and regulations for the issuance of a hog transportation permit consistent with this subsection, provided that the authority to issue such a permit is based on the determination that the individuals, at the time of requesting such permit: Does not have a history of repeat hunting offenses; or Has not had his or her hunting privileges revoked. Any person transporting a live wild hog within the State of Mississippi must first obtain from the Mississippi Department of Wildlife, Fisheries and Parks, a live wild hog transportation permit, as provided above, for each wild hog being transported. A violation of any regulation of the commission promulgated under the authority provided in this section shall be a Class I violation and punishable as provided in Section 49-7-141. In addition to the penalties provided therein, upon conviction, the violator shall forfeit all hunting, trapping and fishing privileges for a period of one (1) year from the date of conviction. Nothing in this section shall be construed to prohibit the lawful transport of domestic swine for customary and ordinary purposes of intrastate or interstate commerce, or agricultural practices.

Miss. Code Ann. § 49-7-141 Penalties; Class I violations.

Any person who has been convicted of a Class I violation shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned in the county jail for five (5) days. The person shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) consecutive months from the date of conviction. In addition to the penalty provided in subsection (1) of this section, any person convicted of a violation of Section 49-7-51 or 49-7-53, Mississippi Code of 1972, may, in the discretion of the court, be fined One Hundred Dollars ($100.00) for each game animal, game bird or game fish, or part thereof, bought, sold, offered for sale, exchanged for merchandise or other consideration, received for shipment, shipped, transported, carried or possessed with the intent to ship, transport or carry.

Miss. Code Ann. § 49-7-143 Penalties; Class II violations.

Any person who has been convicted of a Class II violation shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment.

Miss. Code Ann. § 49-7-145 Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994. [Laws, 1991, ch. 572, § 1; Laws, 1991, ch. 580, § 1]

Miss. Code Ann. § 49-7-147 Interference with lawful taking of wildlife.

No person shall intentionally: Interfere with or attempt to prevent the lawful taking of wildlife by another; Attempt to disturb wildlife, or attempt to affect their behavior with the intent to prevent their lawful taking by another; or Harass another person who is engaged in the lawful taking of wildlife or in the preparation for such taking. Any person who violates subsection (1) is guilty of a Class II violation, punishable as provided in Section 49-7-143, Mississippi Code of 1972.

Miss. Code Ann. § 49-7-148 Access for hunters with disabilities; use of mobility related device.

The department shall provide hunters with disabilities access to hunting areas in public wildlife management areas under its jurisdiction. The department shall allow the use of a mobility related device for an individual who is permanently physically disabled and meets one or more of the following criteria: Is paraplegic or hemiplegic; Is unable to ambulate and requires a wheelchair, walker, leg braces, prosthesis, canes or crutches for mobility. The commission shall promulgate rules and regulations for reasonable access and include a definition of “hunters with disabilities” as used in this section.

Miss. Code Ann. § 49-7-149 and 49-7-150. Repealed.

Repealed by Laws of 1994, ch. 578, § 65, eff from and after July 1, 1994. § 49-7-149 . [Laws, 1992, ch. 357, § 1] § 49-7-150 . [Laws, 1992, ch. 357, § 2] Editor’s Notes — Former § 49-7-149 was entitled: Filleting of fish caught by fishermen on charter or recreational fishing boat in Gulf of Mexico over 24 hours before returning to land. For similar provisions, see § 49-15-317 . Former § 49-7-150 was entitled: Charter or recreational fishing boat which will be in Gulf of Mexico over 24 hours to file float plan. For similar provisions, see § 49-15-319 .

Miss. Code Ann. § 49-7-151 Creation of lifetime sportsman license and Mississippi Wildlife Endowment Fund.

Recognizing the inestimable importance to the state and its citizens of conserving the wildlife resources of Mississippi and recognizing the desires of many citizens who wish to make a lifetime contribution to preserve our rich legacy of wildlife resources for future generations, it is the intention of the Legislature to create a lifetime sportsman license and the Mississippi Wildlife Endowment Fund.

Miss. Code Ann. § 49-7-153 Lifetime sportsman and lifetime fishing licenses.

Any resident may purchase a lifetime sportsman hunting and fishing license by filing an application in the office of the department. The license shall qualify the licensee to take all fish, game and fowl, except waterfowl, including deer and turkey, in the manner provided by law. The license shall also permit the licensee to hunt with primitive weapons and bow and arrow, and to fish in the public waters of the state, including the taking of crabs, oysters, shrimp and any saltwater fish authorized to be taken under a recreational license. The department may issue a resident lifetime sportsman license at a fee to be determined by the commission at an amount not less than One Thousand Dollars ($1,000.00) for a person thirteen (13) years of age or older and not less than Five Hundred Dollars ($500.00) for a person under thirteen (13) years of age. All lifetime licenses shall be issued from the office of the department. Each application for a lifetime license must be accompanied by a certified copy of the birth certificate of the individual to be named as the license holder, if the individual is twelve (12) years of age or under. The commission shall establish proof of residency requirements for the purchase of a lifetime license, and shall also establish such restrictions on and regulations for lifetime licenses as it deems necessary and proper. An applicant for a resident lifetime license must have been domiciled in this state for eighteen (18) consecutive months immediately preceding the date of his application for a license. The burden of proving domicile shall be on the applicant. The department may issue a native son or daughter nonresident lifetime sportsman hunting and fishing license. The commission shall establish the fee, but the fee shall not be less than One Thousand Five Hundred Dollars ($1,500.00). The applicant must provide a certified copy of the original birth certificate showing that the applicant was born in Mississippi and/or if the parents’ address was in Mississippi at the time of birth as shown on the birth certificate or other documents and/or official documents reflect that one of said parents was on active military service outside the State of Mississippi at the time of said birth. Further, if the birth certificate of each parent reflects that each parent was born in the State of Mississippi, then any child born outside the State of Mississippi of those parents may be issued a nonresident lifetime sportsman license for the above set out fee. Any materially false statement contained in an application for a lifetime license renders void the license issued pursuant to that application, and subjects the applicant to criminal prosecution under Section 49-7-45. Nothing in this section exempts an applicant for a lifetime license from meeting other qualifications or requirements otherwise established by law for the privilege of hunting or fishing.

Miss. Code Ann. § 49-7-155 Wildlife Endowment Fund.

The commission is hereby authorized to establish a fund to be known as the Wildlife Endowment Fund to be deposited in an approved state depository and expended by appropriation approved by the Legislature as provided by law. The department shall deposit all proceeds from the sale of lifetime licenses into such fund. The interest obtained from any investment or deposit of monies in such fund shall be deposited by the commission into such fund. The commission shall invest the assets of the fund as provided by law. The assets of the Wildlife Endowment Fund shall be derived from the proceeds of the sale of lifetime licenses authorized under Sections 49-7-151 through 49-7-155. The following limitations are placed on expenditures from the fund: No expenditure shall be made from the principal of the Wildlife Endowment Fund; The income earned and accruing from the investment of the Wildlife Endowment Fund shall be spent only in furthering the conservation of wildlife resources and the operations of the department in accomplishing the purposes of the department.

Miss. Code Ann. § 49-7-161 Definitions.

For purposes of Sections 49-7-161 through 49-7-173, unless the context otherwise requires, the following terms shall have the meaning described herein: “Migratory waterfowl” means any wild goose, brant or wild duck. “Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks. “Stamp” means the state migratory waterfowl stamp or the electronic equivalent furnished by the commission.

Miss. Code Ann. § 49-7-163 Unlawful to hunt or take migratory waterfowl without stamp or electronic equivalent; validation of stamp or proof of purchase of electronic equivalent; issuance or sale of stamp or electronic equivalent.

It is unlawful for any person sixteen (16) years of age or older to hunt or take any migratory waterfowl within this state without first procuring a state migratory waterfowl stamp or its electronic equivalent and having the stamp or proof of purchase of the electronic equivalent in his possession while hunting or taking any migratory waterfowl. Any penalty for not having the stamp in possession while engaged in hunting or taking migratory waterfowl shall be waived if the person can verify purchase of a stamp prior to the date of the violation. Each stamp shall be validated by the signature of the licensee written across the face of the stamp or the proof of purchase of the electronic equivalent. The commission shall determine the form of the stamp and the electronic equivalent and shall furnish the stamps to bonded agents for issuance or sale in the same manner as other types of licenses or cause the electronic equivalent to accrue to the purchaser’s benefit when purchasing a license from an automated point of sale vendor.

Miss. Code Ann. § 49-7-165 Fee for stamp.

The fee for each stamp issued under Sections 49-7-161 through 49-7-173 shall be Ten Dollars ($10.00).

Miss. Code Ann. § 49-7-167 Disposition of revenues.

All revenue shall be used for projects approved by the commission for the purpose of protecting and propagating migratory waterfowl and for the development, restoration, maintenance or preservation of wetlands. Provided, however, that none of such funds shall be expended for administrative salaries. The commission may enter into contracts with nonprofit organizations for the use of part of such funds outside the United States, if the commission finds that such contracts are necessary for carrying out the purposes of Sections 49-7-161 through 49-7-173.

Miss. Code Ann. § 49-7-169 Commission may enter into reciprocal agreements with other states.

The commission may enter into reciprocal agreements with other states having a state migratory waterfowl stamp.

Miss. Code Ann. § 49-7-171 Ascertainment of acceptability of projects undertaken outside of state.

Before approving and allocating funds for a proposed project to be undertaken outside this state or outside the United States, the commission shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project.

Miss. Code Ann. § 49-7-173 Penalties.

Any person violating any of the provisions of Sections 49-7-161 through 49-7-173 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 49-7-201 Beaver and wild hog control program established; funding; county contributions; “participating landowner” defined.

There is established a beaver and wild hog control program which shall be developed by the Beaver and Wild Hog Control Advisory Board created in Section 49-7-203 and administered by the Mississippi Department of Agriculture and Commerce with the advice of the board or administered by a federal agency or agencies under an agreement with the board for that purpose. The program shall be limited to the control or eradication of beavers and wild hogs only on private lands or public lands, excluding federally owned lands but including lands whereupon easements are granted to a federal entity. The board may employ any personnel as is necessary to implement its duties to administer the program and set the salary of the personnel subject to State Personnel Board guidelines. Any state, local or private funds available to the board to fund the program shall be used to match federal funds available for such purpose. The board may execute any agreements with any agency of the federal government as are necessary to obtain federal matching funds to finance the beaver and wild hog control program. State funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose. Nonfederal funds to help finance the program may be obtained by the board from the following sources: Appropriations by the Legislature; state funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose. Contributions from participating counties; Charges on participating landowners; and/or Contributions from any other sources for such purpose. Any county in the state desiring to participate in the program during its fiscal year shall contribute an amount established by the Beaver and Wild Hog Control Advisory Board for such purpose from any funds available in its general fund. The amount established by the advisory board shall be the minimum annual contribution required for a county to participate in the program. The minimum required contribution must be approved by three-fourths (3/4) of the advisory board members present and voting. In addition, a county may contribute an amount in excess of the minimum required contribution for administration of the beaver and wild hog control program in that county from any revenues available. The board shall establish the due date for the payment of contributions by counties. The sum of county contributions may be matched by nonfederal funds available to the state for the beaver and wild hog control program. Participating landowner means any person, corporation or association owning land in this state and taking part in the beaver and wild hog control program.

Miss. Code Ann. § 49-7-203 Beaver and Wild Hog Control Advisory Board created; composition of board; compensation of members; duties, responsibilities and authority of board.

There is created the Beaver and Wild Hog Control Advisory Board which shall be composed of the administrative heads of the Mississippi Department of Wildlife, Fisheries and Parks, State Forestry Commission, Department of Agriculture and Commerce, Mississippi Department of Transportation and Mississippi State Cooperative Extension Services, the Executive Director of the Mississippi Association of Supervisors, the Executive Vice President of Delta Council and the President of the Mississippi Farm Bureau Federation. In addition, the board shall include, as advisory, and nonvoting members: The Chairmen of the House and Senate Wildlife, Fisheries and Parks Committees; The Chairmen of the House and Senate Agriculture Committees; and One (1) at-large member of the House and Senate appointed by the Lieutenant Governor and Speaker of the House. The board shall elect a chairman from among its members, who shall preside over meetings. The members of the board shall serve without compensation but all members of the board shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law. The board shall have the following duties and responsibilities: To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business; To develop a beaver and wild hog control program to be administered by the Mississippi Department of Agriculture and Commerce or by any agency or agencies under an agreement with the board for that purpose; To designate the areas of the state having the greatest need for beaver and wild hog control or eradication and establish a list of priority areas on an annual basis; To establish, assess and collect any fees charged to participating landowners; and To function in an advisory capacity to the Mississippi Department of Agriculture and Commerce or any agency or agencies administering the beaver and wild hog control program. The board shall have the authority to develop any programs and implement any regulations and policies. The board may develop what it deems necessary to address beaver and wild hog control within the state.

Miss. Code Ann. § 49-7-251 Petition for forfeiture; service of process; procedure to determine ownership of particular types of property; hearing prerequisite.

Except as otherwise provided in Section 49-7-257, when any property is seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, proceedings under this section shall be instituted promptly. Provided, however, that the seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lienholders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. Provided further, that no property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated. A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases: The owner of the property, if address is known; Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Department of Wildlife Conservation or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section; Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Department of Wildlife Conservation or the local law enforcement agency has actual knowledge; and Any person in possession of property subject to forfeiture at the time that it was seized. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle. If the property is a motor vehicle and is not titled in the State of Mississippi, then the Department of Wildlife Conservation or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle. If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972, as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property. If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Wildlife Conservation or the local law enforcement agency shall make inquiry of the Administrator of the Mississippi Aeronautics Commission as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property. In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Wildlife Conservation or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument. In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Department of Wildlife Conservation or the local law enforcement agency shall cause any record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases. If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Department of Wildlife Conservation or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of_______________ ,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972, and shall be served as provided in Section 11-33-37, Mississippi Code of 1972, for publication of notice for attachments at law. No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.

Miss. Code Ann. § 49-7-253 Time to file answer; failure to file; time for hearing; burden of proof; evidence at hearing; decision.

Except as otherwise provided in Section 49-7-257, an owner of property that has been seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Mississippi Department of Wildlife, Fisheries and Parks, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner. If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence. At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture. If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Mississippi Department of Wildlife, Fisheries and Parks or the local law enforcement agency.

Miss. Code Ann. § 49-7-255 Liquidation of forfeited property; disposition of proceeds; retention and use of certain property; issuance of certificate of title.

All other property which is forfeited under Sections 49-7-251 through 49-7-257, and except as provided in subsections (2), (5) and (6) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows: In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency. In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. All money which is forfeited under Sections 49-7-251 through 49-7-257 shall be divided, deposited and credited in the same manner as set forth in subsection (1) of this section. All property forfeited, deposited and credited to the Mississippi Department of Wildlife, Fisheries and Parks under Sections 49-7-251 through 49-7-257 shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Department of Wildlife, Fisheries and Parks upon appropriation by the Legislature. All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows: To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (1) of this section. Any state, county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property or money that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such state, county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (7) of this section. The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate for official purposes all property, other than money that has been forfeited to the Mississippi Department of Wildlife, Fisheries and Parks if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the Mississippi Department of Wildlife, Fisheries and Parks may purchase the interest of a bona fide lienholder, secured party, or other party who holds an interest so that such property can be released for use by the department. The Mississippi Department of Wildlife, Fisheries and Parks may maintain, repair, use and operate such property with money appropriated to the department for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the Mississippi Department of Wildlife, Fisheries and Parks is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (7) of this section. The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

Miss. Code Ann. § 49-7-257 Administrative forfeiture procedures for certain property.

When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section 49-7-103, 49-15-21(2) or 59-21-33, Mississippi Code of 1972, the property may be forfeited by the administrative forfeiture procedures provided for in this section. The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section 49-7-251(2). In the event that notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks. Notice pursuant to subsections (2) and (3) of this section shall include the following information: A description of the property; The approximate value of the property; The date and place of the seizure; The connection between the property and the violation of the Game and Fish Law, as set forth in Section 49-7-103, Mississippi Code of 1972; The instructions for filing a request for judicial review; and A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed. Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable. If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section 49-7-255. Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-7-251.

Miss. Code Ann. § 49-7-301 Implied consent to chemical test of certain bodily substances for presence of alcohol or other drugs; validity of chemical analysis; who may take bodily substance specimens.

Any person who exercises the privilege of hunting in this state shall be deemed to have given implied consent to a chemical test of his blood, breath, urine or other bodily substance for the purpose of determining the presence of alcohol or any other drug if the person is involved in a hunting incident in which his use of a weapon caused an injury or death to a person. For the chemical analysis of the person’s blood, breath, urine or other bodily substance to be considered valid under this section, the analysis must have been performed according to the requirements established in Section 63-11-19. When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may draw blood for the purpose of determining the alcohol or drug content therein. This limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician or other qualified person shall incur any civil liability as a result of the medically proper taking of the blood specimens when requested by a law enforcement officer.

Miss. Code Ann. § 49-7-303 Revocation or suspension of hunting license where use of weapon by person with specified alcohol concentration causes serious injury or death to another person; admissibility of chemical test results in civil or criminal actions; hunter education course required for restoration of hunting privileges.

A person involved in a hunting incident in which his use of a weapon caused a serious bodily injury or death to another person and who has an alcohol concentration of eight one-hundredths percent (.08%) or more based on specified levels in Section 63-11-30, or is under the influence of any drug or controlled substance, shall have his hunting privileges revoked or suspended for two (2) years, in addition to any other punishment imposed. The chemical test must have been administered within three (3) hours after the hunting incident. If a person refuses to submit to the test at the request of a law enforcement officer, then none shall be given. The hunting privileges of a person who refuses the test shall be suspended for four (4) years. The law enforcement officer shall inform the person that his refusal to submit to a test is admissible in court and that his hunting privileges will be revoked or suspended for four (4) years. The results of such tests and the refusal to submit to a test shall be admissible in any civil or criminal action arising out of the hunting incident in which the person was involved. Any person whose hunting privileges are revoked or suspended under this section shall be required to complete an approved hunter education course before hunting privileges may be restored.

Miss. Code Ann. § 49-7-305 Hunting incident reports.

Hunting incident reports shall be exempt from disclosure or dissemination under the Mississippi Public Records Act of 1983 in accordance with the provisions of Section 45-29-1. Upon written request of any person involved in the hunting incident, the representative of his estate, the surviving spouse or surviving next of kin, the commission may disclose to the requesting party or the requestor’s legal counsel or insurance representative any information contained in the report. The commission shall charge a minimum reproduction fee of Ten Dollars ($10.00) plus any other costs associated with the request for the report.

Miss. Code Ann. § 49-7-351 Wounded warrior special programs: establishment of special seasons within wildlife management areas and refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members.

The purpose of this section is to honor wounded veterans and active duty service members by providing hunting, fishing and other recreational opportunities for them in state wildlife management areas and wildlife refuges. As used in this section, the term: “Active duty” means full-time duty in the Armed Forces, Reserves or National Guard during wartime service as defined by the United States Congress. “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force and Coast Guard. “National Guard” means the Army National Guard and the Air Force National Guard of the United States. “Reserves” means the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve. The Commission on Wildlife, Fisheries and Parks may designate an area or areas or establish special seasons within wildlife management areas and wildlife refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members to be known as “Wounded Warrior Special Programs.” The designated areas or special seasons shall be open to a person who: Is an active duty member of the Armed Forces, National Guard or Reserves and has a combat-related physical injury as determined by the member’s branch of service; or Is a veteran member of the Armed Forces, National Guard or Reserves who served on active duty during a period of war as defined by the United States Congress, and: Has a service-connected physical disability as determined by the United States Department of Veterans Affairs; or Was discharged or released from military service because of a physical disability acquired or aggravated while serving on active duty during a period of war. The department may allow one (1) person to accompany an eligible veteran or active duty service member who requires assistance to hunt, fish or participate in the recreational activity. The commission may adopt any rules and regulations deemed necessary to administer this section.