Mississippi Fair Chase Act; create.

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To: Wildlife, Fisheries and
Parks
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Keen

HOUSE BILL NO. 828

AN ACT TO CREATE THE MISSISSIPPI FAIR CHASE ACT; TO PROVIDE 1
THAT IT IS UNLAWFUL TO HUNT, TRAP, OR TAKE, OR ATTEMPT TO HUNT, 2
TRAP, OR TAKE, ANY GAME OR FURBEARING ANIMAL THAT IS DAMAGING 3
CROPS OR PERSONAL PROPERTY WITHOUT OBTAINING A DEPREDATION PERMIT; 4
TO PROVIDE THAT HUNTING WITH DOGS IS AUTHORIZED ONLY ON PRIVATE 5
PROPERTY THAT IS COMPRISED OF A MINIMUM OF TWO THOUSAND CONTIGUOUS 6
ACRES; TO AMEND SECTION 49-1-39, MISSISSIPPI CODE OF 1972, TO 7
CONFORM TO THE PRCEEDING SECTION; TO BRING FORWARD SECTION 8
49-7-31.5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 9
AMENDMENT; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. This act shall be known and may be cited as the 12
Mississippi Fair Chase Act. 13
SECTION 2. (1) Except as otherwise provided in this section 14
and subject to federal law and/or regulations, it is unlawful to 15
hunt, trap, or take, or attempt to hunt, trap, or take, any game 16
or furbearing animal that is damaging crops or personal property 17
without obtaining a depredation permit, along with a valid hunting 18
license. 19
(2) The Commission on Wildlife, Fisheries and Parks shall 20
promulgate all rules and regulations that are necessary for the 21
implementation of Sections 3 and 4 of this act. 22
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SECTION 3. The following requirements apply with respect to 23
depredation permits: 24
(a) Except as otherwise provided, a landowner who 25
possesses a valid hunting license, or his or her designees who 26
possess a valid hunting license, in addition to a depredation 27
permit, may be approved by the department to use any of the 28
following methods to control nuisance wildlife: 29
(i) Any trapping method authorized for use in the 30
applicable fur-trapping season. 31
(ii) Body-gripping traps with jaw spreads of up to 32
ten (10) inches may be used inside buildings. 33
(iii) Cage-style live traps may be used. 34
(iv) Traps set outdoors must be marked. 35
(v) Firearms may be used day or night if 36
specifically approved by the Commission. 37
(b) Such landowner or his or her designees shall not 38
use any of the following methods to control nuisance wildlife: 39
(i) Suppression devices and/or cans; or 40
(ii) Thermal and night vision scopes. 41
(c) Persons whose hunting and/or trapping privileges 42
have been revoked are not eligible for a depredation permit. 43
SECTION 4. Hunting with dogs is authorized only on private 44
property that is comprised of a minimum of two thousand (2,000) 45
contiguous acres, regardless of whether the property is owned by 46
one or more property owners. 47
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SECTION 5. Section 49-1-39, Mississippi Code of 1972, is 48
amended as follows: 49
49-1-39. Except as otherwise provided in Section 2 of this 50
act, the commission may issue permits to kill any species of 51
animals or native, nonmigratory birds which may become injurious 52
to agricultural or other interests in any particular community. 53
All migratory birds, including hawks, owls, and eagles and their 54
nests and eggs are protected by the Migratory Bird Treaty Act and 55
federal regulations promulgated under the act. All species of 56
blackbirds, cowbirds, starlings, crows, grackles, and English 57
sparrows may be killed without a permit when such birds are 58
committing or about to commit depredations on shade or ornamental 59
trees or agricultural crops. 60
SECTION 6. Section 49-7-31.5, Mississippi Code of 1972, is 61
brought forward as follows: 62
49-7-31.5. (1) The hunting, trapping and taking of nuisance 63
animals shall be regulated by the commission. The commission may 64
adopt regulations to regulate the hunting, trapping and taking of 65
nuisance animals and to control the population of nuisance 66
animals. 67
(2) (a) Landowners, agricultural leaseholders or their 68
designated agents may take predatory and nuisance animals 69
year-round on lands owned or leased by them. 70
(b) Landowners, agricultural leaseholders or their 71
designated agents may take nuisance animals with any type of 72
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weapon and may take nuisance animals during the night after legal 73
hunting hours on lands owned or leased by them with a permit 74
issued by the department. 75
(c) No license is required for a resident landowner 76
hunting or trapping nuisance animals on his own land. An 77
agricultural leaseholder, designated agent and any other person 78
must possess either an all-game hunting license or trapping 79
license, unless otherwise exempt. 80
(d) No license is required for a recipient of the 81
Purple Heart Medal for wounds suffered in combat, to hunt nuisance 82
animals on private lands. Persons exempt from purchasing a 83
hunting license under this paragraph shall have in their 84
possession and on their person a copy of their DD-214 discharge 85
form indicating the receipt of the Purple Heart Medal and any 86
proof as may be required by the commission or the Department of 87
Wildlife, Fisheries and Parks, while engaged in such activities. 88
(3) The taking of any animal or animals other than nuisance 89
animals by the use of a trap or traps is unlawful except during 90
the time the season is open for the taking of fur-bearing animals. 91
(4) Nuisance animals may be run, chased or pursued with 92
dogs, except as provided in Section 49-7-32, year-round by 93
licensed hunters. 94
(5) Nuisance animals may be hunted with the aid of 95
electronic calls. 96
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ST: Mississippi Fair Chase Act; create.
(6) Nuisance animals may be hunted or trapped with the aid 97
of bait and lures, on private lands, according to regulations 98
adopted by the commission. 99
(7) Any part of a nuisance animal may be bought and sold 100
year-round. 101
(8) (a) Wild hogs may not be caught or trapped and released 102
into the wild at a location different from the location where the 103
wild hog was caught or trapped, or otherwise transported live in 104
the State of Mississippi. 105
(b) A violation of this subsection is a Class I 106
violation and is punishable as provided under Section 49-7-141. 107
(9) When hunting wild hogs during any open gun season on 108
deer, a hunter must wear in full view at least five hundred (500) 109
square inches of solid unbroken fluorescent orange or solid 110
unbroken fluorescent pink. 111
SECTION 7. This act shall take effect and be in force from 112
and after July 1, 2026. 113