Bill Text: MS HB867 | 2021 | Regular Session | Introduced


Bill Title: Hunting and fishing license; authorize Native Americans to receive free of charge upon providing a tribal identification card at the time of license issuance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [HB867 Detail]

Download: Mississippi-2021-HB867-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Wildlife, Fisheries and Parks; Ways and Means

By: Representative Crawford

House Bill 867

AN ACT TO AMEND SECTION 49-7-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY RESIDENT, WHO IS A QUALIFIED NATIVE AMERICAN, SHALL RECEIVE, UPON APPLICATION, A RESIDENT HUNTING LICENSE AND/OR RESIDENT FISHING LICENSE, FREE OF CHARGE, UPON PROVIDING A TRIBAL IDENTIFICATION CARD AT THE TIME OF LICENSE ISSUANCE; TO DEFINE THE TERM "TRIBAL IDENTIFICATION CARD"; TO AMEND SECTIONS 49-7-9, 49-7-17 AND 49-7-21, MISSISSIPPI CODE OF 1972, WHICH RELATE TO RESIDENT COMBINATION HUNTING AND FISHING LICENSES, THE SALE OF HUNTING AND FISHING LICENSE CERTIFICATES, AND CERTAIN REQUIREMENTS FOR FORMS THAT ARE PROVIDED TO APPLICANTS WHEN APPLYING FOR HUNTING AND FISHING LICENSES, TO CONFORM WITH THE PRECEDING PROVISION; TO BRING FORWARD SECTIONS 49-7-3, 49-7-8, 49-7-12, 49-7-22, 49-7-23, 49-7-27 AND 49-7-153, MISSISSIPPI CODE OF 1972, WHICH RELATE TO ISSUING RESIDENT AND NONRESIDENT HUNTING AND FISHING LICENSES, MULTI-YEAR LICENSES, PENALTIES FOR HUNTING AND FISHING WITHOUT A LICENSE AND LIFETIME SPORTSMAN HUNTING AND FISHING LICENSES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-5, Mississippi Code of 1972, is amended as follows:

     49-7-5.  (1)  (a)  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), except as otherwise provided in this section.  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.

          (b)  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, except as otherwise provided in this section, 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.

          (c)  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), except as otherwise provided in this section.  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, except as otherwise provided in this section.  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.

          (d)  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, except as otherwise provided in this section.  A resident sportsman's licensee or resident lifetime sportsman's licensee may hunt during the fall turkey season without purchasing a permit.

          (e)  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.

     (2)  (a)  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.

          (b)  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.

          (c)  All exempt hunting and fishing licenses previously issued for disabilities shall be null and void effective July 1, 1993.

          (d)  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.

          (e)  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.

          (f)  Any resident, as defined in Section 49-7-3, who is a qualified Native American shall receive, upon application, any license authorized in this section and Sections 49-7-8, 49-7-9, 49-7-17, 49-7-22 and 49-7-153, free of charge, upon providing a tribal identification card at the time of license issuance.

     For purposes of this chapter, the term "tribal identification card" means a valid identification card issued by a federally recognized American Indian tribe or band that contains a color photograph of the card holder and the card holder's legal name, residence address and date of birth.

     (3)  No license shall be required of residents to hunt, fish or trap on lands in which the record title is vested in such person.

     (4)  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.

     (5)  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, except as otherwise provided in this section.

     SECTION 2.  Section 49-7-9, Mississippi Code of 1972, is amended as follows:

     49-7-9.  (1)  (a) 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), except as otherwise provided in

Section 49-7-5.  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.

          (b)  A resident may purchase a resident fishing license valid for a period of three (3) days for the sum of Three Dollars ($3.00), except as otherwise provided in Section 49-7-5.

          (c)  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.

          (d)  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.

          (e)  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.

          (f)  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.

     (2)  (a)  All persons fishing in privately owned lakes or ponds shall have specific permission to do so from the owner of such lake or pond.

          (b)  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.

     (3)  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."

     (4)  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, except as otherwise provided in Section 49-7-5.

     SECTION 3.  Section 49-7-17, Mississippi Code of 1972, is amended as follows:

     49-7-17.  (1)  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.

     (2)  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.

     (3)  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, except as otherwise provided in Section 49-7-5, 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, except as otherwise provided in Section 49-7-5.

     (4)  The Commission on Wildlife, Fisheries and Parks is authorized to establish, set and collect an additional fee for any license sold, except as otherwise provided in Section 49-7-5, 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.

     SECTION 4.  Section 49-7-21, Mississippi Code of 1972, is amended as follows:

     49-7-21.  (1)  (a)  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 or tribal identification card 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.

          (b)  A person may purchase a license from the office of the department without appearing in person.

          (c)  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.

     (2)  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.

     (3)  (a)  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.

          (b)  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 or tribal identification card, 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.

          (c)  In addition to the penalty imposed in paragraph (b), any resident who is not able to show proof of the required Mississippi license or tribal identification card, shall be assessed by the court an administrative fee as prescribed under subsection (6) of this section.

     (4)  (a)  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.

          (b)  The nonresident shall also be assessed by the court an administrative fee as prescribed under subsection (6) of this section. 

          (c)  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.

     (5)  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.

     (6)  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.

     (7)  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.

     SECTION 5.  Section 49-7-3, Mississippi Code of 1972, is brought forward as follows:

     49-7-3.  (1)  Any resident of the State of Mississippi shall be entitled to receive a resident fishing license.

     (2)  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.

     (3)  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)  A current identification card from a Mississippi college or university; or

          (b)  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.

     (4)  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.

     (5)  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.

     (6)  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.

     SECTION 6.  Section 49-7-8, Mississippi Code of 1972, is brought forward as follows:

     49-7-8.  (1)  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.

     (2)  The commission shall have the following duties and powers:

          (a)  To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

          (b)  To determine the total number of each type of nonresident license to be issued annually;

          (c)  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);

          (d)  To exercise all incidental powers necessary to develop a nonresident licensing program.

     (3)  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).

     SECTION 7.  Section 49-7-12, Mississippi Code of 1972, is brought forward as follows:

     49-7-12.  (1)  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.

     (2)  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.

     (3)  (a)  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.

          (b)  The commission may exercise all powers necessary to regulate nonresident freshwater commercial fishing.

     (4)  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.

     (5)  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.

     SECTION 8.  Section 49-7-22, Mississippi Code of 1972, is brought forward as follows:

     49-7-22.  (1)  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.

     (2)  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.

     SECTION 9.  Section 49-7-23, Mississippi Code of 1972, is brought forward as follows:

     49-7-23.  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.

     SECTION 10.  Section 49-7-27, Mississippi Code of 1972, is brought forward as follows:

     49-7-27.  (1)  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.

     (2)  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.

     (3)  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.

     (4)  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.

     (5)  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.

     (6)  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.

     (7)  (a)  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.

          (b)  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.

          (c)  A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated.  The fee shall be paid to the department.

     SECTION 11.  Section 49-7-153, Mississippi Code of 1972, is brought forward as follows:

     49-7-153.  (1)  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.

     (2)  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.

     (3)  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.

     (4)  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.

     (5)  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.

     (6)  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.

     SECTION 12.  This act shall take effect and be in force from and after July 1, 2021.


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