This text of Mississippi Const. art. 3, § 12A (Right to hunt, fish, and harvest wildlife) is published on Counsel Stack Legal Research, covering Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Miss. Const. art. 3, § 12A.
Full Text
The people have the right to hunt, fish and harvest wildlife, including by
the use of traditional methods, subject only to laws and regulations that
promote wildlife conservation and management and that preserve the
future of hunting and fishing, as the Legislature may prescribe by general
law. Public hunting and fishing shall be a preferred means of managing
and controlling wildlife. This section may not be construed to modify any
provision of law relating to trespass, property rights, the regulation of
commercial activities or the maintenance of levees pursuant to Article 11.
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The people have the right to hunt, fish and harvest wildlife, including by
the use of traditional methods, subject only to laws and regulations that
promote wildlife conservation and management and that preserve the
future of hunting and fishing, as the Legislature may prescribe by general
law. Public hunting and fishing shall be a preferred means of managing
and controlling wildlife. This section may not be construed to modify any
provision of law relating to trespass, property rights, the regulation of
commercial activities or the maintenance of levees pursuant to Article 11.
History
SOURCES: Laws, 2012, Ch.2024 NOTE: The insertion of Section 12A in Article 3 of the Constitution was proposed by Chapter 2024, Laws of 2012 (House Concurrent Resolution No. 30), and upon ratification by the electorate on November 4, 2014, was inserted as a part of the Constitution by proclamation of the Secretary of State on December 2, 2014. The last paragraph of HCR 30 provides as follows: “BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature of the State of Mississippi, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amend- ed and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5. Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted House Concurrent Resolution 30 (2012) to the United States Attorney General in order to technically meet the requirements of Section 5 and fulfill the Legislative direction in the final paragraph of the Resolution. By letter dated March 6, 2014, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of HCR 30 (2012) and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the Legislative direction in the final paragraph of the Resolution.