MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Barnett
AN ACT TO CREATE THE "MISSISSIPPI HUNTING RESORT ACT"; TO ESTABLISH THE LEGISLATIVE FINDINGS AND INTENT OF PROMOTING TOURIST HUNTING IN MISSISSIPPI; TO ALLOW THE MISSISSIPPI BOARD OF ANIMAL HEALTH TO CLASSIFY, DEFINE AND REGULATE EXOTIC LIVESTOCK; TO REQUIRE FEES FOR ENCLOSING NATIVE WILD GAME ON RESORT PROPERTY; TO REQUIRE MONITORING AND REPORTING OF INTRASTATE MOVEMENT AND INTERSTATE MOVEMENT OF EXOTIC LIVESTOCK; TO REQUIRE THE ISSUANCE OF PERMITS AND HARVEST TAGS; TO REQUIRE REPORTS OF EXOTIC LIVESTOCK TO THE MISSISSIPPI BOARD OF ANIMAL HEALTH AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO BRING FORWARD SECTIONS 49-7-53, 49-7-58, 49-7-58.1, 49-7-58.2, 49-7-78, 49-11-3 THROUGH 49-11-29, 89-2-1 THROUGH 89-2-7 AND 89-2-21 THROUGH 89-2-27, MISSISSIPPI CODE OF 1972, WHICH RELATE TO SHIPMENT AND TRANSPORTATION OF GAME BIRDS, ANIMALS AND FISH; A TEMPORARY MORATORIUM ON THE IMPORTATION OF CERTAIN GAME ANIMALS SUSCEPTIBLE TO CHRONIC WASTING DISEASE; ENCLOSURES PREVENTING THE FREE EGRESS OF WHITE-TAIL DEER; INSPECTING, MONITORING, TESTING AND PREVENTING CHRONIC WASTING DISEASE; REGULATION OF CANNED HUNTS; LICENSURE AND REGULATION OF PRIVATE SHOOTING PRESERVES AND COMMERCIAL WILDLIFE ENCLOSURES; LIABILITY OF RECREATIONAL LANDOWNERS, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act may be cited as the "Mississippi Hunting Resort Act."
SECTION 2. The Legislature finds that it is in the best public policy interest of the state to create an environment conducive to business and investment, wherein economic opportunity and prosperity may flourish through maximizing the travel, hunting and tourism opportunities in the state. This act intends to encourage economic development by promoting tourist-hunting resorts within the state as means of generating revenue through the use of the state's abundant natural wildlife resources, native game animals and the introduction of nonnative game animals to the state as an added incentive to promote tourist-hunting resorts.
SECTION 3. (1) Exotic livestock are those animals defined and regulated by the Mississippi Board of Animal Health, hereinafter MBAH.
(2) It is recognized that in the construction of the infrastructure for the housing, protection and control of exotic species, and development of infrastructure for other hunting operations, that a number of native whitetail deer may be captured. Whether by accident or design, as is the case with a commercial wildlife operation, this number of native wildlife is effectively removed from the public domain.
SECTION 4. (1) The owner or developer of an exotic livestock operation, where in the form of a commercial venture or a noncommercial venture shall pay to the State of Mississippi a fee of Two Hundred Fifty Dollars ($250.00) each for any whitetail deer enclosed. Where an actual count of the number of deer enclosed is not possible, then the owner or developer shall pay to the state based on per acre census data for the area of the enclosure existing at the time and place the operation is placed in service, multiplied times the acreage of the enclosure.
(2) For all operations placed in service prior to the enactment of this legislation, the owner or developer shall make a payment to the state of One Hundred Dollars ($100.00) per animal. This payment shall be based on an estimate of the number of animals per acre that existed in the area of operation at the time the animal was enclosed multiplied times the acreage of the enclosure.
(3) Where no census data is available, the developer shall pay to the State of Mississippi a multiple of .025 deer per acre multiplied times the acreage of the enclosure. This estimate is based on the 2005 statewide census. Notwithstanding any other statute to the contrary, all landowners or developers who make payments to the state pursuant to this act shall enjoy the same rights and privileges of ownership and control over the enclosed exotic and other animals as enjoyed by landowners, farmers and growers over their livestock.
SECTION 5. (1) (a) To prevent the importation and spread of chronic wasting disease and other diseases known to the MBAH, into the state, the interstate movement and the intrastate movement of any and all exotic or other livestock into the state shall be performed in strict accordance with the existing regulations of the MBAH.
(b) To assist with the oversight and monitoring of the interstate movement of exotic livestock, the mover or owner shall pay to the state an interstate movement fee of Ten Dollars ($10.00) per animal as shown in the Exotic Livestock Entry Permit.
(c) To assist with the oversight and monitoring of the intrastate movement of exotic livestock, the mover or owner shall pay to the state an intrastate movement fee of Five Dollars ($5.00) per animal as shown in the Exotic Livestock Transfer Record.
(d) To assist with the oversight and monitoring of the harvesting of exotic or other livestock, the hunter shall pay to the state a harvest fee of Twenty-five Dollars ($25.00) per animal. The state shall initiate the issuance of exotic harvest tags for the monitoring of this fee. Noncommercial operations, breeders, growers and animals harvested for food are exempt from this fee.
(2) The hunter's name, address, and the date of the harvest shall be clearly marked on the tag and the tag shall remain with the animal during transport to its final destination. Hunters are reminded to check with the various states that the harvest may pass through to verify regulation on this movement of animals.
(3) The owner or operator of each exotic livestock permit shall keep accurate records of the number of species of animals moved into and out of their facility and records of hunter and animals harvested and report this data to the MBAH on an annual basis.
(4) The owner or operator of commercial wildlife operations where exotic or other livestock is also harvested shall also keep records and report to the Department of Wildlife, Fisheries and Parks in accordance with current regulations.
SECTION 6. Section 49-7-53, Mississippi Code of 1972, is brought forward as follows:
49-7-53. (1) It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.
(2) No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following:
(a) Rabbits;
(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and ten (10) days thereafter;
(c) Skins and sinew of deer and products crafted, fashioned or made from deer antlers not in velvet, in accordance with rules and regulations promulgated by the Commission on Wildlife, Fisheries and Parks; and
(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9.
(3) The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.
(4) A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41.
Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths.
(5) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.
SECTION 7. Section 49-7-58, Mississippi Code of 1972, is brought forward as follows:
49-7-58. (1) (a) In addition to the ban on importing white-tailed deer under Section 49-7-54, there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture.
(b) Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141. Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141. The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state.
(2) It shall be the duty of the Commissioner of Agriculture and Commerce, the Board of Animal Health, the State Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the Department of Wildlife, Fisheries and Parks to consult and coordinate efforts on matters related to chronic wasting disease, the prevention of the introduction of chronic wasting disease in the state and to ensure the health and safety of the public and wildlife.
(3) The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary authority in matters related to the importation of white-tailed deer, white-tailed deer in enclosures, and prevention of the introduction of chronic wasting disease into the native wildlife population.
SECTION 8. Section 49-7-58.1, Mississippi Code of 1972, is brought forward as follows:
49-7-58.1. (1) The owner of any enclosure containing white-tailed deer that prevents the free egress of white-tailed deer from the enclosed area shall notify and register with the Department of Wildlife, Fisheries and Parks. The person shall give his name, the location of the enclosure, the acreage within the enclosure, and whether any deer have been imported into the state and placed in the enclosure, and any other information required by the Commissioner on Wildlife, Fisheries and Parks.
(2) Persons who constructed an enclosure prior to July 1, 2003, shall have until January 1, 2004, to notify and provide the information required under this section. The person shall use acceptable hunting and wildlife management practices as may be determined by the department.
(3) The owner of such an enclosure shall comply with any testing of white-tailed deer harvested within the enclosure as may be required by the department. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the owner of such enclosure shall allow department personnel to enter the enclosure to utilize lethal collection methods to obtain tissue samples for testing. If chronic wasting disease is diagnosed within the enclosure, the owner shall allow department personnel to enter the enclosure and depopulate the white-tailed deer within the enclosure.
(4) A violation of this section is a Class II violation and is punishable as provided in Section 49-7-143. A second or subsequent violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.
SECTION 9. Section 49-7-58.2, Mississippi Code of 1972, is brought forward as follows:
49-7-58.2. (1) The Department of Wildlife, Fisheries and Parks shall develop and implement a program for inspecting, monitoring, testing and preventing chronic wasting disease. The Department of Wildlife, Fisheries and Parks is authorized to require the chronic wasting disease testing of white-tailed deer harvested within any enclosure. If chronic wasting disease is diagnosed in white-tailed deer within an enclosure, the department is authorized to enter the enclosure and depopulate the white-tailed deer within the enclosure. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the department is authorized to enter the enclosure and utilize lethal collection methods to obtain tissue samples.
(2) If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.
SECTION 10. Section 49-7-78, Mississippi Code of 1972, is brought forward as follows:
49-7-78. For purposes of this section, the term "canned hunts" means the practice of providing a hunting opportunity under controlled conditions in which native game animals hunted may not have a reasonable opportunity to avoid the hunter. Canned hunts are prohibited in the state. The commission shall adopt regulations it deems necessary to prohibit and control such hunts. Nothing in this section shall prohibit the operation of private shooting preserves or commercial wildlife enclosures as authorized by statute.
SECTION 11. Section 49-11-3, Mississippi Code of 1972, is brought forward as follows:
49-11-3. (1) The department may issue operating licenses to any person, partnership, association or corporation for the operation of shooting preserves or commercial wildlife enclosures that meet the following requirements and any applicable regulations:
(a) Each shooting preserve shall contain a minimum of one hundred (100) acres in one (1) tract of leased or owned land (including water area, if any) and shall be restricted to not more than six hundred forty (640) contiguous acres (including water area, if any), except that preserves confined to the releasing of ducks only may be authorized to operate with a minimum of fifty (50) contiguous acres (including water area).
(b) The boundaries of each shooting preserve shall be clearly defined and posted with signs erected at intervals of three hundred (300) feet or less.
(c) Each commercial wildlife enclosure shall contain a minimum of three hundred (300) acres in one (1) tract of leased or owned land (including water area, if any). No commercial wildlife enclosure shall be constructed in such a manner as to allow ingress of native wild animals without providing means of egress.
(d) The preserve or enclosure must be privately owned and operated.
(2) The commission may issue any rules or regulations necessary to regulate shooting preserves and commercial wildlife enclosures and to enforce this chapter.
(3) (a) The commission may regulate the hunting of nonnative cervids within a commercial wildlife enclosure, and the department may enter such enclosure as provided under Section 49-11-25 and enforce such regulations.
(b) This subsection (3) shall repeal on July 1, 2007.
SECTION 12. Section 49-11-5, Mississippi Code of 1972, is brought forward as follows:
49-11-5. The fee for a shooting preserve license or a commercial wildlife enclosure license shall be One Hundred Dollars ($100.00) per year for the first three hundred (300) acres of shooting preserve area or commercial wildlife enclosure area, and Ten Dollars ($10.00) per year for each additional one hundred (100) acres or parts thereof.
SECTION 13. Section 49-11-7, Mississippi Code of 1972, is brought forward as follows:
49-11-7. Each license issued by the department shall designate whether or not the preserve or commercial wildlife enclosure is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license shall specify that the area is a restricted shooting preserve or commercial wildlife enclosure. The department shall maintain accurate listings of the names and addresses of the licensees and the location of the property. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves or enclosures are public or private.
SECTION 14. Section 49-11-9, Mississippi Code of 1972, is brought forward as follows:
49-11-9. This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.
SECTION 15. Section 49-11-13, Mississippi Code of 1972, is brought forward as follows:
49-11-13. The season for shooting preserves shall be for a period of seven (7) months beginning October 1 and ending April 30, except as further restricted by the operator.
SECTION 16. Section 49-11-15, Mississippi Code of 1972, is brought forward as follows:
49-11-15. (1) Artificially propagated pheasants, quail, chukar partridges, mallards and black ducks, and any game bird authorized by the commission are the only game which may be hunted on shooting preserves under this chapter.
(2) Mallards and black ducks released on a shooting preserve must have a one-fourth (1/4) inch hole punched in the outer web of the right foot before the birds attain the age of six (6) weeks.
(3) The commission is authorized to specify the species of nonnative wild game that may be released or hunted in commercial wildlife enclosures.
SECTION 17. Section 49-11-17, Mississippi Code of 1972, is brought forward as follows:
49-11-17. The operating licenses issued by the department shall entitle licensees, and their guests or customers, to recover the total number of each species of game released on the premises each year.
SECTION 18. Section 49-11-19, Mississippi Code of 1972, is brought forward as follows:
49-11-19. Operators may establish shooting limitations and restrictions on the age, sex and number of each species of released game that may be taken by each person.
SECTION 19. Section 49-11-21, Mississippi Code of 1972, is brought forward as follows:
49-11-21. Any native wild game found on shooting preserves or commercial wildlife enclosures may be harvested only in accordance with applicable game and hunting laws and regulations issued by the commission or the U.S. Fish and Wildlife Service.
SECTION 20. Section 49-11-23, Mississippi Code of 1972, is brought forward as follows:
49-11-23. The operator shall furnish and issue a consecutively numbered certificate to any hunter or person leaving with harvested game. The certificate shall bear the license number and name of the shooting preserve or commercial wildlife enclosure or its licensed operator. The certificate shall contain the person's name, address, date of issuance and number and species of harvested game in possession. The certificate must remain with the harvested game until the game is prepared for consumption.
SECTION 21. Section 49-11-25, Mississippi Code of 1972, is brought forward as follows:
49-11-25. Each operator shall maintain a registration book listing the names and hunting license numbers of all hunters and the date on which they hunted. An accurate record must be maintained of the total number, by species, of game released and harvested each day the preserve or enclosure is hunted. The operator shall submit this information in an annual report of operations each year to the department not later than June 1 following. These records shall be open to inspection by the department at any reasonable time. Any person, partnership, association or corporation licensed hereunder consents to the patrolling of the shooting preserve or commercial wildlife enclosure areas by the department, without warrant, to determine if any of the game laws or regulations are being violated.
SECTION 22. Section 49-11-27, Mississippi Code of 1972, is brought forward as follows:
49-11-27. Any person, firm or corporation violating any provision of this chapter is guilty of a Class II violation, and upon conviction thereof shall be punished as provided in Section 49-7-143. A multiple violator of this chapter shall be assessed the maximum allowable fine, and may, at the discretion of the commission, have his operator's license suspended by operation of law for a period of one (1) year.
SECTION 23. Section 49-11-29, Mississippi Code of 1972, is brought forward as follows:
49-11-29. This chapter shall not apply to the operation of fox, coyote and rabbit enclosures as set forth in Section 49-7-34, Mississippi Code of 1972, and shall not be construed to regulate the operation of fox, coyote and rabbit enclosures.
SECTION 24. Section 89-2-1, Mississippi Code of 1972, is brought forward as follows:
89-2-1. The purpose of this chapter is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:
(a) Be presumed to extend any assurance that such land or water area is safe for any purpose;
(b) Incur any duty of care toward a person who goes on the land or water area; or
(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.
The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.
SECTION 25. Section 89-2-3, Mississippi Code of 1972, is brought forward as follows:
89-2-3. The term "outdoor recreational purposes" as used in this chapter shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.
SECTION 26. Section 89-2-5, Mississippi Code of 1972, is brought forward as follows:
89-2-5. This chapter does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.
SECTION 27. Section 89-2-7, Mississippi Code of 1972, is brought forward as follows:
89-2-7. The provisions of this chapter shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said chapter shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.
SECTION 28. Section 89-2-21, Mississippi Code of 1972, is brought forward as follows:
89-2-21. For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Land" or "premises" means all real property, waters and private ways, and all trees, buildings and structures which are located on such real property, waters and private ways.
(b) "Landowner" means the legal titleholder or owner of land or premises, and includes any lessee, occupant or any other person in control of such land or premises.
SECTION 29. Section 89-2-23, Mississippi Code of 1972, is brought forward as follows:
89-2-23. Except as provided for in Section 89-2-27, a landowner: (a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking or sightseeing; and (b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking or sightseeing as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.
SECTION 30. Section 89-2-25, Mississippi Code of 1972, is brought forward as follows:
89-2-25. Any landowner who gives permission to another person to hunt, fish, trap, camp, hike or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:
(a) Extended any assurance that the premises are safe for such purposes;
(b) Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or
(c) Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.
SECTION 31. Section 89-2-27, Mississippi Code of 1972, is brought forward as follows:
89-2-27. This article shall not limit any liability which otherwise exists for:
(a) Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;
(b) Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, sightsee or engage in any other lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or
(c) Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, sightsee or engage in any other lawful activity was granted.
SECTION 32. This act shall take effect and be in force from and after July 1, 2006.