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2013 Senate and House Bills

HB 102. Effective 7/1/13. Signed 3/26/13.
This bill authorizes the Commission on Wildlife, Fisheries and Parks to designate areas or special seasons within wildlife management areas and wildlife refuges for hunting, fishing and other recreational activities for eligible veterans and active duty service members to be known as
"Wounded Warrior Special Programs." The bill allows a person to assist an eligible veteran or service member in those activities. It also authorizes the commission to adopt the necessary rules and regulations for the administration of the act.

 

HB 524. Effective 7/1/13. Signed 3/26/13.
This bill amends Section 55-3-33 to revise the powers and duties of the Department of Wildlife, Fisheries and Parks to permit the department to contract with the electric public utility with a certificate of public convenience and necessity to serve the area where a state park is located for the transfer of ownership of the electrical infrastructure in the state park to that electric public utility. If the electric public utility enters into an agreement for the operation and maintenance of electrical facilities in a state park, the electric public utility may perform any upgrades to the electrical infrastructure of the park that are necessary for the electrical infrastructure to be in compliance with the electric public utility standards. The electric public utility may assess the costs of the upgrades to the department upon the terms and conditions agreed to by the department and the electric public utility.

The department may contract with the electric public utility with the certificate of public convenience and necessity to serve the area for the erection, construction, maintenance, operation and control of electric distribution substations, electric transmission lines, electrical appurtenances, electrical appliances or electrical equipment necessary or useful in the operation or distribution of electric power or energy in the state park. Any agreement entered into by the department and an electric public utility under this subsection is exempt from the public purchasing requirements.

Section 77-5-231 is amended to revise the powers and duties of certain electric power corporations to make any and all contracts necessary or convenient for the full exercise of the powers to contract with any person, federal agency, state agency or municipality for the purchase, transfer or sale of energy and/or the acquisition of all or any part of any system.

Section 31-7-13 is amended to exempt the agreements entered into by the Department of Wildlife, Fisheries and Parks and electric public utilities from state bid law requirements.

 

HB 1001. Effective 7/1/13. Signed 4/22/13.
This bill amends Section 49-7-5 by reducing the price for the issuance of a resident combination small game hunting and fishing license from $13 to $8. 1t deletes the provision that requires a separate resident small game license.

Section 49-7-20 is emended to provide that it is unlawful for any person born on or after January 1, 1972, to hunt with a resident combination small game hunting and fishing license without certification of satisfactory completion of a hunter education course approved by the department.

 

HE 1002. Effective 7/l/13. Signed 3/27/13.
This bill amends Section 49-7-9 to revise the requirements for a resident freshwater fishing license, to require the resident fisher to purchase a combination small game hunting and fishing license. The freshwater commercial fishing requirements are removed from this section, and residents fishing in privately owned lakes or ponds with specific permission to do so from the owners are exempt from the licensing requirements, except when the owner charges a fee for fishing, then a license is required. July 4 is designated as "Free Fishing Day" allowing any person to fish without a license on "Free fishing Day."

Section 49-7-9.1 is created to regulate resident and nonresident commercial fishing licenses and requirements by requiring the purchase of a $30 commercial, fishing license for. This provision deletes the requirement that the Department of Wildlife, Fisheries and Parks provide tags for certain commercial fishing equipment because once the license is issued the licensee must label each piece of commercial fishing equipment as defined with a waterproof or metal tag containing any information required by the department. Resident producers, wholesaler dealers and wholesale dealers' agents on nongame gross fish are required to purchase a commercial fishing license. This section also reduces the minimum size of the slot opening in slat baskets from 1-1/2 inches to 1-1/4 inches, and requires a $30 fee for a slat basket license. Slat baskets must have a waterproof or metal tag attached to it containing any information required by the department. This section makes it illegal for any person to offer for sale undersized nongame gross fish.

Section 49-7-12 is amended to clarify and expand the powers of the Commission on Wildlife, Fisheries and Parks to regulate nonresident freshwater commercial fishing by prescribing regulations for nonresident commercial fishing equipment, tagging requirements, harvest size and possession restrictions, restricted areas, fishing restrictions, reporting requirements, wholesale dealers, and the selling, reselling and exporting of fish taken in the public freshwaters of the state. Finally the bill creates new Section 49-7-12.1, which requires nonresident wholesale dealers who buy nongame gross fish in the state for the purpose of resale to purchase a nonresident commercial fishing license. Additionally, any nonresident who imports nongame gross fish into the state for the purpose of resale to a wholesale or retail dealer or to a consumer is required to purchase a nonresident commercial fishing license.

 

HE 1005. Effective 7/1/13. Signed 4/23/13.
This bill amends Section 49-7-13 to clarify the licensure requirement for individuals trapping on private lands and the selling of pelts of nuisance animals. The bill defines the terms "raw fur," ''green pelt" and "dried pelt." No license is required for residents who trap on private lands vested in their own name. A conibear-type or body-gripping trap with an inside jaw spread exceeding seven inches is prohibited from use on public lands, unless it is partially submerged in water. However, the designated legal authority of any public lands and its agents are exempt from the prohibition of coniber-type or body-gripping traps for the control of nuisance animals. Each licensed trapper must have the identification number issued by the department permanently inscribed on the trapping device or attached by a metal tag. Persons exempt from the trapping licensure requirement must tag or permanently inscribe any trap with his name, phone number and address.

Licensed trappers and persons under 16 years of age may trap fur-bearing animals during trapping season and sell or consign the raw fur and pelts during the trapping season and 30 days after the close of the season. Only a licensed trapper or resident under 16 years of age may sell or consign the raw fur and pelts of fur-bearing nuisance animals. The transport of raw fur or green pelts of fur-bearing animals within the state from 11 days after the close of trapping season until the opening day of the following trapping season is prohibited, unless each raw fur or green pelt is tagged or documented with certain identifying information of the person who harvested the raw fur or green pelt and the date and place of harvest. A licensed trapper may possess and maintain in storage the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals at any time. Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on the landowner's property within 100 feet of any road or street, but not within the maintained public road or street right-of-way. Snare traps, conibear-type or body-gripping traps must be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.

The bill amends Section 49-7-53 to conform to the 30-day limitation on the shipping, transporting or carrying of raw furs or pelts after the close of trapping season.

Finally, Section 49-7-65 is amended to conformity to the possession of pelts after the close of trapping season by deleting the provision that green pelts may only be possessed during open season and 10 days after the close of the open season on trapping.

 

HB 1139. Effective 7/l/14. Signed 3/25/13.
This bill amends Section 49-7-31 to authorize the taking of deer during any open season on deer with primitive weapons by a person with any legal weapon of choice on private lands if the person is the landowner, lessee, member of a hunting club or a guest of either. If a license is required for the taking of deer upon private lands, the hunter must purchase and have in his or her possession a valid primitive weapon license, sportsman's license or lifetime sportsman's license.

 

HB 1260. Effective 7/1/13. Signed 3/25/13.
This bill amends Sections 49-7-201 and 49-7-203 to add the control or eradication of wild hogs to the beaver control program, and provide that state funds may be expended for wild hog control only by a specific line-item appropriation by the Legislature for that purpose under the program. The membership of the Beaver and Wild Hog Control Advisory Board is revised to include the Chairmen of the House and Senate Agriculture Committees.

 

SB 2048. Effective 7/1/13. Signed 3/18/13.
This bill amends section 49-7-38 to provide that any person who is exempt from having a hunting license and any person licensed to hunt deer with a bow or primitive weapon may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.

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