Bill Text: MS HB1160 | 2016 | Regular Session | Introduced

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Bill Title: Wild hogs; remove permit for transport of.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-03-02 - Died In Committee [HB1160 Detail]

Download: Mississippi-2016-HB1160-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Bounds

House Bill 1160

AN ACT TO AMEND SECTION 49-7-31.5, MISSISSIPPI CODE OF 1972, TO REMOVE THE PERMIT FOR THE TRANSPORT OF WILD HOGS; TO AMEND SECTION 49-7-140, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO TRANSPORT WILD HOGS ON PUBLIC ROADS, TO PROHIBIT A PERSON FROM RELEASING A WILD HOG AT A LOCATION DIFFERENT FROM THE LOCATION WHERE THE WILD HOG WAS CAUGHT OR TRAPPED, AND TO REMOVE THE PERMIT FOR THE TRANSPORT OF WILD HOGS; TO BRING FORWARD SECTION 49-7-1, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-31.5, Mississippi Code of 1972, is amended as follows:

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

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

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

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

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

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

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

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

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

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

 * * *(8)  (a)  Wild hogs may not be caught or trapped and released into the wild at a location different from the location where the wild hog was caught or trapped.

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

(9)  (a)  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:              (i)  Does not have a history of repeat hunting offenses; or

              (ii)  Has not had his or her hunting privileges revoked.

          (b)  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.

          (c)  A violation of any regulation of the commission promulgated under the authority provided in this section shall be a Class II violation, per each animal in violation, and punishable as provided in Section 49-7-143.  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.

     ( * * *108)  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.

 * * *(11)  This section shall stand repealed on July 1,  2017.

     SECTION 2.  Section 49-7-140, Mississippi Code of 1972, is amended as follows:

     49-7-140.  (1)  No person may import into the state or release into the wild, any live feral hog, wild swine or Russian Boar.

     (2)  (a)  * * * No person mayIt shall be unlawful for any person to transport on the public roads of the State of Mississippi or off of the property of record where * * *captured or relocate within the state taken, any live feral hog, wild swine or Russian Boar * * *, except as permitted by the department.

          (b)  Wild hogs may not be caught or trapped and released at a location different from the location where the wild hog was caught or trapped.

     (3)  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 which has lived in a wild, free-roaming state that can be or has been taken, whether by trapping or other method in accordance with applicable state law or rules of the commission, for the purpose of nuisance control or sport.

     (4)  A violation of this section is a Class I violation punishable as provided in Section 49-7-141.

     (5)  (a)  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 in accordance with the rules and regulations adopted by the Commission on Wildlife, Fisheries, and Parks for the taking of nuisance animals.  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:.

 * * *   (i)  Does not have a history of repeat hunting offenses; or

              (ii)  Has not had his or her hunting privileges revoked.

          (b)  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.

          (c)  A violation of any regulation of the commission promulgated under the authority provided in this section shall be a Class II violation, per each animal in violation, and punishable as provided in Section 49-7-143.  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.

     (6)  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.

 * * *(7)  This section shall stand repealed on July 1, 2016.

     SECTION 3.  Section 49-7-1, Mississippi Code of 1972, is brought forward as follows:

     49-7-1.  For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

          (a)  The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

          (b)  The following wild animals are classed as fur-bearing animals:  muskrats, opossums, otters, weasels, minks, raccoons and bobcats.

          (c)  The following wild animals are classed as nuisance animals:  wild hogs, nutria, beaver, fox, skunks and coyote.

          (d)  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.

          (e)  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.

          (f)  Closed season:  the time during which birds, animals or fish may not be taken.

          (g)  Open season:  the time during which birds, animals or fish may be lawfully taken.

          (h)  "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

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

          (j)  "Executive director" means the Executive Director of the Department of Wildlife, Fisheries and Parks.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2016.

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