Bill Text: MS SB2534 | 2023 | Regular Session | Enrolled


Bill Title: Commission on Wildlife, Fisheries and Parks; require additional regulation of freshwater fishing guides.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2023-04-17 - Approved by Governor [SB2534 Detail]

Download: Mississippi-2023-SB2534-Enrolled.html

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Seymour, Tate, Hill, Suber, Younger, McLendon

Senate Bill 2534

(As Sent to Governor)

AN ACT TO AMEND SECTION 49-4-39, MISSISSIPPI CODE OF 1972, TO REQUIRE A FRESHWATER FISHING GUIDE OR SERVICE THAT USES A BOAT TO OBTAIN A FISHING GUIDE BOAT LICENSE AND DECAL; TO PROVIDE THE FEE FOR SUCH LICENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-4-39, Mississippi Code of 1972, is amended as follows:

     49-4-39.  (1)  As used in this section:

          (a)  "Boat" means a vessel used by a guide or outfitter for taking paying customers on recreational freshwater fishing excursions.

          (b)  "Guide" means a person who advises or shows the way to others on a boat.

          (c)  "Outfitter" means an establishment that sells freshwater fishing services.

          (d)  "Captain" or "skipper" means a person who is at the helm, controls or steering of a boat.

          (e)  "Boat mate" and "crew" mean one or more employees assisting the guide, outfitter, captain or skipper on a boat.

     (2)  The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services.  The commission shall have the following powers and duties:

          (a)  Prescribe the form and type of licenses;

          (b)  Prescribe an annual distinguishable decal for each boat;

          ( * * *bcExcept as otherwise provided in this section, establish fees for the types of licenses; the fee for guide and outfitter services annual licenses * * * not to exceed One Hundred Fifty Dollars ($150.00); the fee for outfitters licenses not to exceed Two Hundred Fifty Dollars ($250.00) shall not be less than Five Hundred Dollars ($500.00) for residents and shall not be less than Two Thousand Dollars ($2,000.00) for nonresidents; * * * and

 * * *  (c)  To exercise all powers and make any regulations necessary to regulate such services.

          (d)  Require one-year proof of residency and a valid sportsman's license for residents;

          (e)  Require a valid nonresident fishing license for nonresidents;

          (f)  Require First Aid/CPR certification; and

          (g)  Exercise all powers to make regulations for enforcement and safety of such services.

     (3)  A fishing guide, outfitter, skipper or captain that uses a boat to provide fishing guide services shall obtain an annual boat license and decal for a fee of at least Twenty-five Dollars ($25.00).  In order to obtain a boat license and decal, an applicant must register the boat being used with the department and provide to the department a copy of the driver's license of the guide, outfitter, skipper or captain and proof of liability insurance and such other information as the department may require by regulation.

     (4)  A violation of this section or any regulation created by the commission exercising its powers to regulate safety and services is a Class II violation and is punishable as provided in Section 49-7-143.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.


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