House Bill 1144

(As Passed the House)

AN ACT TO CREATE THE "MISSISSIPPI BIG GAME INTENSIVE MANAGEMENT FACILITY ACT"; TO ESTABLISH THE LEGISLATIVE FINDINGS AND INTENT OF PROMOTING TOURIST HUNTING IN MISSISSIPPI; TO AUTHORIZE THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE BIG GAME INTENSIVE MANAGEMENT FACILITIES, TO ISSUE PERMITS AND REQUIRE THE PAYMENT OF REASONABLE FEES THEREFOR; TO AMEND SECTIONS 49-7-53, 49-7-58, 49-7-58.1, 49-7-58.2 AND 49-11-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; 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 Big Game Intensive Management Facility 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 facilities 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. The Mississippi Commission on Wildlife, Fisheries and Parks, by rule and regulation, shall regulate big game intensive management facilities. Such rules and regulations shall require the issuance of permits and the payment of reasonable fees therefor. Such rules and regulations shall be adopted and become effective no later than October 1, 2006.

SECTION 4. Section 49-7-53, Mississippi Code of 1972, is amended 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) The applicability of the provisions of this section to operators or patrons of big game intensive management facilities, as defined and permitted by the commission, shall be governed by such regulations promulgated by the commission for such facilities.

(6) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.

SECTION 5. Section 49-7-58, Mississippi Code of 1972, is amended 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. Such authority shall include the power to exempt big game intensive management facilities from the provisions of this section should the commission determine that such facility is in compliance with applicable regulations.

SECTION 6. Section 49-7-58.1, Mississippi Code of 1972, is amended as follows:

49-7-58.1. (1) The owner of any enclosure, other than a big game intensive management facility, 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. Reporting or other requirements of big game intensive management facilities shall be governed by the regulations for those facilities.

(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 7. Section 49-7-58.2, Mississippi Code of 1972, is amended 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, including big game intensive management facilities. 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 8. Section 49-11-29, Mississippi Code of 1972, is amended 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, or to the operation of big game intensive management facilities as defined and permitted by the commission, and shall not be construed to regulate the operation of fox, coyote and rabbit enclosures or big game intensive management facilities.

SECTION 9. This act shall take effect and be in force from and after July 1, 2006.