Office of the Attorney General
State of Mississippi
*1 Opinion No. 2007-00431

August 2, 2007

Re: Hunting Over Bait

Chairman Johnny W. Stringer
New Capitol Building
P.O. Box 1018
Jackson, MS 39215-1080

Dear Chairman Stringer,

Attorney General Jim Hood has received your request and has assigned it to me for research and reply. You state:
 The question has arisen by many of my constituents and by the Department of Wildlife, Fisheries and Parks is whether the  new penalty  of $500.00 for a violation of the provisions of Section 3 of House Bill 423 will apply to unlawful huntingof deer over bait under Section 49-7-33 if the commission fails to authorize any form of hunting deer with the aid of bait under Section 3 of House Bill 423, or, whether, in the absence of such a program a violation of Section 49-7-33 will continue to be subject to the penalties prescribed in Section 49-7-101.

The language of House Bill 423 Section 3, Subsection (4) provides:
 (4) A violation of this section or any regulation of the commission promulgated under this section shall be punishable by a fine of Five Hundred Dollars ($500.00).  (emphasis added)

According to the precise language of this bill, the new five hundred dollar fine ($500.00) provided in this section shall apply only to a violation of rules and regulations promulgated by the Commission of Wildlife, Fisheries and Parks allowing the taking of deer with the use of bait pursuant to a new program created by the commission under Section 3 of House Bill 423. Section 3 of House Bill 423 contains no substantive mandate or prohibition other than compliance with commission regulations.

Furthermore, Section 49-7-101 of the Mississippi Code which provides penalties for a violation of Section 49-7-33 states:
 (1) Unless a different or other penalty or punishment is specially prescribed, a person who violates any of the provisions of this chapter or any law or regulation for the protection of wild animals, birds, or fish, or who fails to perform any duty imposed by such laws or regulations, or who violates or fails to comply with any lawful order, rule or regulation adopted by the commission is guilty of a Class III violation and, upon conviction thereof, shall be punished by a fine of notless than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). In addition thereto, such person is liable, in the discretion of the court, to an additional penalty of Twenty-five Dollars ($25.00) for each animal, bird, or fish, or part thereof, or each nest or egg of any bird taken, possessed, or transported in violation of such law or regulation.  (emphasis added)

It is the opinion of this office that the language of this section taken along with Subsection (4) of Section 3 of House Bill 423 indicates that a five hundred dollar ($500.00) fine shall be issued only for violations of any regulation(s) or condition(s) of the Commission made pursuant to Section 3 of House Bill 423 of the 2007 Regular Session as it pertains to hunting deer over legally baited private lands that the Commission on Wildlife, Fisheries and Parks may establish. Hence, any other violation of Section 49-7-33 shall be governed by Section 49-7-101 of the Mississippi Code as it pertains to the illegal baiting of land for the purposes of hunting deer in which the said land has not been established by the Commission on Wildlife,Fisheries and Parks as a zone for the management and implementation of a program to allow the taking of deer with the aid of bait.

*2 If our office can be of further assistance, please let us know.

Sincerely,
Jim Hood
Attorney General

By: Mike Lanford
Attorney General