Bill Text: MS HB731 | 2024 | Regular Session | Introduced
Bill Title: Sale of game animals; prohibit unless permitted by an act of the Legislature.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB731 Detail]
Download: Mississippi-2024-HB731-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Wildlife, Fisheries and Parks
By: Representatives Kinkade, Carpenter, Hale, Harris, Keen, Mangold, Mattox, Morgan, Pigott, Powell, Tubb, Wallace
House Bill 731
AN ACT TO AMEND SECTION 49-7-51, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT, EXCEPT AS SPECIFICALLY PERMITTED BY LAW AS AN EXCEPTION BY THE LEGISLATURE, IT IS UNLAWFUL FOR ANY PERSON TO BUY OR SELL OR TO OFFER FOR SALE, EXCHANGE FOR MERCHANDISE, OR OTHER CONSIDERATION, ANY GAME BIRDS, ANIMALS, OR FISH, OR PARTS THEREOF, WHETHER TAKEN WITHIN, OR COMING FROM WITHOUT, THE STATE; TO BRING FORWARD SECTIONS 49-7-53 AND 49-7-141, MISSISSIPPI CODE OF 1972, WHICH RELATE TO SHIPMENT OF GAME ANIMALS AND CLASS I VIOLATION PENALTIES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-51, Mississippi Code of 1972, is amended as follows:
49-7-51. (1) (a) Except
as otherwise provided in this section, 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 * * * as an exception by the Legislature
in this chapter.
(b) It is lawful for the following items to be bought and sold in accordance with the rules and regulations promulgated by the commission:
(i) The skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;
(ii) Any part of a wild turkey, except the meat; and
(iii) Any parts of nuisance animals.
(c) Mounted game animals, birds and fish may not be sold, purchased or leased.
(d) A violation of this subsection is a Class I violation and is punishable as provided in Section 49-7-141.
(2) 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.
SECTION 2. Section 49-7-53, Mississippi Code of 1972, is brought forward as follows:
49-7-53. (1) 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.
(2) 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:
(a) Rabbits;
(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and thirty (30) days thereafter;
(c) Skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;
(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9;
(e) Any part of a wild turkey, except the meat; and
(f) The meat, hide or any other body parts of nuisance animals.
(3) 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.
(4) 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.
(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.
SECTION 3. Section 49-7-141, Mississippi Code of 1972, is brought forward as follows:
49-7-141. (1) 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.
(2) 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.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
