Senate Bill 3009

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-7-13, MISSISSIPPI CODE OF 1972, TO ALLOW MUNICIPALITIES AND COUNTIES TO TRAP WITHIN 100 FEET OF A PUBLIC ROAD TO PROTECT PUBLIC SAFETY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-13, Mississippi Code of 1972, is amended as follows:

49-7-13. (1) Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper's license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17. This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper.

(2) No person shall trap on the lands of another unless he has the permission of the landowner.

(3) Each trap shall have an identification number permanently inscribed on the trap or attached to the trap by a metal tag. Every trapper shall visit his traps at least every thirty-six (36) hours. The conservation officer may take up any traps not properly marked.

(4) (a) No person shall place or set a trap on or within one hundred (100) feet of any street or public road, except as provided in paragraph (b). Public roads shall not be construed to mean public waterways.

(b) A municipality or county, or any person who has contracted with a municipality or county, may place or set traps within one hundred (100) feet of a road or street if the governing body makes a finding on its minutes that such action is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals which threaten the safety of public roads and bridges and has provided notice by certified mail, return receipt requested, to the landowner. Any trap or snare placed within one hundred (100) feet of the road shall meet the following requirements: conibear type traps and snares shall be at least fifty percent (50%) submerged and foothold traps shall be totally submerged.

(5) This section shall not apply to a landowner trapping on his own lands except subsection (4).

(6) A trapper shall be allowed to trap fur-bearing animals during trapping season, and sell the pelts of fur-bearing and nuisance animals during the trapping season and for ten (10) days after the close of the season. The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for ten (10) days after the close of the season.

SECTION 2. This act shall take effect and be in force from and after its passage.