HB 979 — Hunting; provide exeception for recovering mortally wounded animals at night with use of light.

Wildlife, Fisheries and Parks COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

979 (As Sent to Governor) AN ACT TO AMEND SECTION 49-7-95, MISSISSIPPI CODE OF 1972, TO PROVIDEADD THATFORWARD-LOOKING AINFRARED PERSON(FLIR) WHO HUNTS, TAKES OR KILLS ANY ANIMAL DURING LEGAL HUNTING HOURS, AND SUBSEQUENTLYTHERMAL SEARCHESIMAGING FORDEVICES AND/ORTO RECOVERS SUCH MORTALLY WOUNDED ANIMAL WITH THE AIDPROHIBITED MEANS OF ATAKING LIGHTGAME ORAT LIGHTINGNIGHT; DEVICE, IS NOT IN VIOLATION OF THIS SECTION;

TO BRINGPROVIDE FORWARDTHAT SECTIONSA 49-7-27PERSON WHO HUNTS, TAKES OR KILLS ANY ANIMAL DURING LEGAL HUNTING HOURS, AND 49-7-141,SUBSEQUENTLY MISSISSIPPISEARCHES CODEFOR AND/OR RECOVERS SUCH MORTALLY WOUNDED ANIMAL WITH THE AID OF 1972,A FORLIGHT PURPOSESOR LIGHTING DEVICE, IS NOT IN VIOLATION OF POSSIBLETHIS AMENDMENT;SECTION;

TO CLARIFY THE REQUIREMENTS FOR THE USE OF TRACKING DOGS FOR THE RETRIEVAL OF WHITE-TAILED DEER SHOT AND WOUNDED DURING LEGAL HUNTING HOURS;

(1) (a) Except as otherwise provided in this section, any person who hunts or takes or kills any deer at night by headlighting, by any lighting device or* * *, light amplifying devicedevice, "forward-looking infrared (FLIR)" or thermal imaging device, shall, upon conviction thereof, be guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

(b) For any person to be charged with a violation of this subsection, that person must have been observed committing an overt act consistent with the hunting of deer at night with the aidH. of a light, lighting device or light amplifying device.

Such observation of an overt act may include, but shall not be limited H.

979 *HR26/R1690CS**HR26/R1690SG* ~ OFFICIAL ~ G1/2 23/HR26/R1690CS23/HR26/R1690SG PAGE 1 (MCL\KW) to,aid witnessing the discharge of a weaponlight, capablelighting ofdevice killing* a* deer,*, hearinglight theamplifying reportdevice, of"forward-looking ainfrared firearm(FLIR)" being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessingthermal theimaging persondevice. committing any acts consistent with headlighting deer in violation of this subsection.

Such observation of an overt act may include, but shall not be limited to, witnessing the discharge of a weapon capable of killing a deer, hearing the report of a firearm being fired, seeing the person in possession of a recently killed deer which could not have been killed during legal hunting hours, or witnessing the person committing any acts consistent with headlighting deer in violation of this subsection.

The commission may prescribe conditions on the restoration of privileges for a first-time offender,H. and the first-time offender shall pay a reinstatement fee of Five Hundred Dollars ($500.00).

H.

979 *HR26/R1690CS**HR26/R1690SG* ~ OFFICIAL ~ 23/HR26/R1690CS23/HR26/R1690SG PAGE 2(MCL\KW) (c)offender, Aand violator of subsection (1) under the agefirst-time ofoffender twenty-one (21), upon conviction, shall forfeitpay alla hunting,reinstatement trappingfee and fishing privileges for one (1) year from the date of conviction,Five andHundred shallDollars attend($500.00). courses prescribed by the commission.

(c) A violator of subsection (1) under the age of twenty-one (21), upon conviction, shall forfeit all hunting, trapping and fishing privileges for one (1) year from the date of conviction, and shall attend courses prescribed by the commission.

(5) It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at H.

979 *HR26/R1690CS**HR26/R1690SG* ~ OFFICIAL ~ 23/HR26/R1690CS23/HR26/R1690SG PAGE 3(MCL\KW) (5) It shall be unlawful for a person to shine a light from a public road or right-of-way, or on the property of another, at night, from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise.

SECTION(6) 2.It shall not be unlawful for any licensed or exempt hunter or tracker to track or pursue a deer that was lawfully shot and wounded during legal hunting hours, into the night after legal hunting hours, and to dispatch the deer if the deer is found and is still alive.

SectionA 49-7-27,licensed Mississippior Codeexempt ofhunter 1972,or istracker broughttracking forwardor aspursuing follows:a wounded white-tailed deer into the nighttime hours H.

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.

H.

979 *HR26/R1690CS**HR26/R1690SG* ~ OFFICIAL ~ 23/HR26/R1690CS23/HR26/R1690SG PAGE 4(MCL\KW) However,may beforeuse thereasonable revocationmeans of the privilege or license shall become effective, the executive director shall send by registered mail notice to theassist person or licensee, who shall have the rightpursuit, toincluding, abut hearingnot orlimited representationto, beforelights theand commissionblood-trailing/tracking atdogs. the next regular meeting or a special meeting.

TheIf noticetracking/blood-trailing shalldogs setare outused, fullyno themore groundthan ortwo complaint(2) upondogs whichmay revocationbe of,used. or refusal to grant, the privilege or license is sought.

(2)If Anythe personanimal whobeing tracked is convicteddiscovered forto astill secondbe timealive, duringbut anywounded, period of twelve (12) consecutive months for violation of any of the lawshunter with respect to game, fish or nongametracker fishmay ordispatch animalsthe shallanimal forfeitby hisusing privilegea andhandgun anywith licensea orbarrel licensesno issuedlonger tothan himsix by(6) theinches commission and thechambered commissionin shall not issue the person any license for a periodcaliber ofno onelarger (1)than year.45 fromcaliber. the date of forfeiture.

(3)For Failurethe purposes of anythis personsection, toa surrender"licensed hishunter" license or licenses"licensed upontracker" demandshall mademean bya thehunter commission or bytracker itswith representatives at the directionproper oflicense thefor commissionhunting shallwhite-tailed bedeer. a misdemeanor and shall be punishable as such.

(4)Nothing Anyin violatorthis whosesubsection privilegeshall or license has been revoked, who shall, during the period of revocation, be apprehendedconstrued foras huntingallowing orany fishing,individual shallto havetrespass imposed upon himthe alands mandatory jail term of notanother lesswhile thanin thirtypursuit (30)of daysan norinjured moreor thanwounded sixwhite-tailed (6)deer months.animal.

(5)SECTION The2. commission is authorized to suspend any license issued to any person under this chapter for being out of H.

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

No.

979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 5(MCL\KW) 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 H.

B.

No.

979 *HR26/R1690CS* ~ OFFICIAL ~ 23/HR26/R1690CS PAGE 6(MCL\KW) 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.