Bill Text: MS HB891 | 2013 | Regular Session | Introduced
Bill Title: Department of Wildlife, Fisheries and Parks; require policies and practices to be consistent with the Public Trust Doctrine.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB891 Detail]
Download: Mississippi-2013-HB891-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Currie
House Bill 891
AN ACT TO AMEND SECTION 49-7-1.1, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT POLICIES, RULES AND REGULATIONS ADOPTED BY OR PRACTICES OBSERVED BY THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL BE CONSISTENT WITH THE PUBLIC TRUST DOCTRINE; TO AMEND SECTION 49-1-43.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT POLICIES, RULES AND REGULATIONS ADOPTED BY OR PRACTICES OBSERVED BY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS SHALL NOT ABRIDGE A CONSERVATION OFFICERS' ACCESS TO PRIVATE PROPERTY IN THE STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-1.1, Mississippi Code of 1972, is amended as follows:
49-7-1.1. (1) 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.
(2) Further, the Legislature declares that the state's wildlife shall be managed and conserved in conformity with the Public Trust Doctrine as declared by the courts the State of Mississippi. The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall not have the power to adopt any policy, rule or regulation or permit any practice inconsistent with the Public Trust Doctrine.
SECTION 2. Section 49-1-43.1, Mississippi Code of 1972, is amended as follows:
49-1-43.1. (1) A conservation officer may enter in or upon public or private lands or waters where game or fish are known to range in the performance of his duties to enforce the wildlife laws of the state and the conservation officer shall not be subject to criminal liability for trespass while performing such duties.
(2) The provisions of subsection (1) of this section shall not authorize a conservation officer to engage in any conduct in violation of a person's constitutional right against unreasonable searches and seizures nor expand or enlarge upon the powers and duties of a conservation officer as specifically provided for under Section 49-1-43.
(3) No policy adopted or practice observed by the department shall abridge a conservation officer's access to property as described in subsection (1) of this section. Whether such property is enclosed within a bounded area shall have no effect on an officer's access to any private party.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
