MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Currie
AN ACT TO ESTABLISH PROCEDURES TO LIMIT THE SPREAD OF CHRONIC WASTING DISEASE; TO PROHIBIT THE TAKING OF DEER WITH THE USE OF SUPPLEMENTAL FEED, NATURAL DEER URINE, OR MINERAL LICKS; TO PROHIBIT THE DUMPING OF DEER CARCASSES ON THE ROADS AND HIGHWAYS OF THE STATE, OR WITHIN THE LIMITS OF THE RIGHTS-OF-WAY OF SUCH ROADS AND HIGHWAYS, OR ON ANY PUBLIC OR PRIVATE PROPERTY; TO PROVIDE THE REQUIREMENTS FOR DEER CARCASS DUMPING; TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS, THE BOARD OF ANIMAL HEALTH AND THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ENFORCE THE PROVISIONS OF SECTION 1 OF THIS ACT; TO PROVIDE PENALTIES FOR FIRST AND SUBSEQUENT VIOLATIONS; TO AUTHORIZE THE DEPARTMENT TO ISSUE A PERMIT TO PRIVATE LANDOWNERS TO HARVEST DEER THAT MAY BE INFECTED WITH CHRONIC WASTING DISEASE AT ANY TIME; TO AUTHORIZE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO PROMULGATE RULES AND REGULATIONS FOR THE ISSUANCE OF CHRONIC WASTING DISEASE HARVESTING PERMITS; TO REQUIRE THE DEPARTMENT TO DEVELOP AND IMPLEMENT A PROGRAM FOR TRANSMITTING GAME CAMERA IMAGES OF POSSIBLE INFECTED DEER TO THE DEPARTMENT FOR EVALUATION; TO AMEND SECTIONS 49-7-3, 49-7-8, 49-7-13, 49-7-27, 49-7-33, 69-1-13 AND 69-15-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 49-7-54, 49-7-58, 49-7-58.1 AND 49-7-58.2, MISSISSIPPI CODE OF 1972, WHICH RELATE TO CHRONIC WASTING DISEASE; TO REPEAL SECTION 49-7-33.1, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE SUPPLEMENTAL FEEDING OF DEER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The taking of deer with the use of supplemental feed, natural deer urine, or mineral licks is prohibited.
(2) (a) The dumping of deer carcasses on the roads and highways of this state, or within the limits of the rights-of-way of such roads and highways, or on any public or private property is prohibited.
(b) Deer carcasses shall be buried at least eight (8) feet below the surface or disposed of in a lined landfill. Dump boxes that accept carcasses and transport carcasses to a lined landfill shall be available at all such landfills for after-hours acceptance of carcasses, and shall be available at all deer processors and at all chronic wasting disease sample collection locations.
(3) The Department of Wildlife, Fisheries and Parks, the Mississippi Board of Animal Health and the Commissioner of Agriculture and Commerce shall enforce the provisions of this section.
(4) A violation of this section, or any regulation of the commission promulgated under this section, shall be punishable as a Class I violation as defined in Section 49-7-141.
A second or subsequent violation of this section, or any regulation of the commission promulgated under this section, shall be punishable by a fine of not less than twice the amount of the fines for a Class I violation as defined in Section 49-7-141, and by imprisonment as provided for in a Class I violation, and in addition, the violator shall permanently forfeit all hunting, trapping and fishing privileges.
SECTION 2. The Department of Wildlife, Fisheries and Parks may issue to private landowners a chronic wasting disease harvesting permit that authorizes the landowner to harvest deer that may be infected with chronic wasting disease at any time. The Commission on Wildlife, Fisheries and Parks shall promulgate rules and regulations for the issuance of the chronic wasting disease harvesting permit.
SECTION 3. (1) The Department of Wildlife, Fisheries and Parks shall develop and implement a program that provides for the transmission of game camera images of deer that may be infected with chronic wasting disease to the department for the purpose of evaluating deer for chronic wasting disease.
(2) The department shall develop and implement a tagging program that requires a person to specify the date and location of each harvest for the purpose of identifying deer that may be infected with chronic wasting disease.
(3) The department shall sample and test all captive deer herds in the state for chronic wasting disease.
SECTION 4. Section 49-7-3, Mississippi Code of 1972, is amended as follows:
49-7-3. (1) Any resident of the State of Mississippi shall be entitled to receive a resident fishing license.
(2) Any person domiciled within the State of Mississippi shall be entitled to receive a resident hunting license provided in Section 49-7-5. The domicile of a person is that person's principal or primary home or place of abode. A "principal or primary home or place of abode" is that home or place in which a person's habitation is fixed and to which he, whenever absent, has the present intention of returning after a departure of absence therefrom, regardless of the duration of the absence. The burden of proving domicile shall be on the person claiming such status. The following evidence or other reliable evidence may be considered in establishing, but is not necessarily determinative of, domicile: driver's license, residence for income or other tax purposes, homestead exemption receipt, or any other means prescribed by the department. In the case of minors, domicile of the parents shall be used as evidence of the minor's domicile.
(3) A nondomiciliary of the state may be issued a resident hunting or fishing license or combination resident hunting/fishing license upon providing the following:
(a) A current identification card from a Mississippi college or university; or
(b) A current military identification card showing that the person is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and proof that the person is stationed on a military base in Mississippi.
(4) A nondomiciliary of the state may be issued a special Armed Forces fourteen-day hunting and fishing license with the same hunting and fishing privileges and at the same fee of a resident sportsman's license, if the nondomiciliary is an active member of the United States Armed Forces (excluding Reserves and the National Guard) and his application is approved by the department. The applicant must file his application for the special fourteen-day license in the office of the department. The department shall establish requirements for proof of active military status and any other requirements it deems desirable. The department shall not issue more than two (2) special fourteen-day licenses to the same applicant per license year.
(5) A holder of a resident or nonresident license is required to carry the license on his person while engaged in hunting, trapping or fishing. Any penalty for not carrying a license while engaged in hunting, trapping or fishing shall be waived if the person can verify purchase of a license prior to the date of the violation.
(6) Any person who is convicted of a second or subsequent violation of Section 1 of this act shall permanently forfeit all hunting, trapping and fishing privileges.
(7) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 5. Section 49-7-8, Mississippi Code of 1972, is amended as follows:
49-7-8. (1) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.
(2) The commission shall have the following duties and powers:
(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;
(b) To determine the total number of each type of nonresident license to be issued annually;
(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);
(d) To exercise all incidental powers necessary to develop a nonresident licensing program.
(3) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3).
(4) Any nonresident who is convicted of a second or subsequent violation of Section 1 of this act shall permanently forfeit all hunting, trapping and fishing privileges.
SECTION 6. Section 49-7-13, Mississippi Code of 1972, is amended as follows:
49-7-13. (1) For the purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context determines otherwise:
(a) "Raw fur" means the skin that has not been removed from the carcass of a fur-bearing animal or nuisance animal.
(b) "Green pelt" means the skin, with hair or fur attached, that has been removed from a fur-bearing animal or nuisance animal, but has not been tanned or fleshed, stretched and dried.
(c) "Dried pelt" means the skin of a fur-bearing animal or nuisance animal that has been fleshed, stretched and dried.
(2) Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper's license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17. This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper. No license shall be required of a resident who traps on lands in which the record title is vested in that person.
(3) (a) No person shall trap on the lands of another unless he has the permission of the landowner.
(b) No person shall use, on any public lands, a conibear-type or body-gripping trap with an inside jaw spread exceeding seven (7) inches, unless it is partially submerged in water. The designated legal authority of any public lands and its agents shall be exempt from the requirement of this subsection for the purpose of nuisance control.
(4) (a) Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number permanently inscribed on the trap or attached to the trap by a metal tag.
(b) A person exempt from purchasing a trapping license must tag or permanently inscribe any trap with his name, phone number and address.
(c) The conservation officer may take up any traps not properly marked.
(d) Every trapper shall visit his traps at least every thirty-six (36) hours.
(5) Except as otherwise provided in this section, no person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways.
(6) (a) A licensed trapper or resident under sixteen (16) years of age shall be allowed to trap fur-bearing animals during trapping season, and sell or consign the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals during the trapping season and for thirty (30) days after the close of the season. Only a licensed trapper or resident under sixteen (16) years of age may sell or consign the raw fur, green pelts and dried pelts of fur-bearing nuisance animals.
(b) A trapper may not transport the raw fur or green pelts of fur-bearing animals within the state from eleven (11) days after the close of trapping season until the opening day of the following trapping season, unless each raw fur or green pelt is tagged or documented with the name, address and trapping identification number of the person who harvested the raw fur or green pelt and the date and place of harvest. An official possession tag that has been issued by another state shall be considered legally documented.
(c) 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.
(d) The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for thirty (30) days after the close of the season.
(7) (a) A municipality or county, or any person who has contracted with a municipality or county for the purpose authorized in this subsection, may place or set only snare traps within one hundred (100) feet of any road or street located within such municipality or county. Before the action authorized by this section is taken, the governing authority of the municipality or the board of supervisors of the county shall make a finding that such placement of snare traps is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals that threaten the safety of public roads and bridges. Snares shall be submerged at least fifty percent (50%).
(b) Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on property owned by the landowner within one hundred (100) feet of any road or street, but not within the maintained public road or street right-of-way.
(c) Snare traps, conibear-type or body-gripping traps shall be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.
(8) Any person who is convicted of a second or subsequent violation of Section 1 of this act shall permanently forfeit all trapping privileges.
SECTION 7. Section 49-7-27, Mississippi Code of 1972, is amended as follows:
49-7-27. (1) The commission may revoke any hunting, trapping, or fishing privileges, license or deny any person the right to secure such license if the person has been convicted of the violation of any of the provisions of this chapter or any regulation thereunder. The revocation of the privilege, license or refusal to grant license shall be for a period of one (1) year. However, before the revocation of the privilege or license shall become effective, the executive director shall send by registered mail notice to the person or licensee, who shall have the right to a hearing or representation before the commission at the next regular meeting or a special meeting. The notice shall set out fully the ground or complaint upon which revocation of, or refusal to grant, the privilege or license is sought.
(2) Any person who is convicted for a second time during any period of twelve (12) consecutive months for violation of any of the laws with respect to game, fish or nongame fish or animals shall forfeit his privilege and any license or licenses issued to him by the commission and the commission shall not issue the person any license for a period of one (1) year from the date of forfeiture.
(3) Failure of any person to surrender his license or licenses upon demand made by the commission or by its representatives at the direction of the commission shall be a misdemeanor and shall be punishable as such.
(4) Any violator whose privilege or license has been revoked, who shall, during the period of revocation, be apprehended for hunting or fishing, shall have imposed upon him a mandatory jail term of not less than thirty (30) days nor more than six (6) months.
(5) The commission is authorized to suspend any license issued to any person under this chapter for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(6) If a person is found guilty or pleads guilty or nolo contendere to a violation of Section 49-7-95, and then appeals, the commission shall suspend or revoke the hunting privileges of that person pending the determination of his appeal.
(7) (a) If a person does not comply with a summons or a citation or does not pay a fine, fee or assessment for violating a wildlife law or regulation, the commission shall revoke the fishing, hunting, or trapping privileges of that person. When a person does not comply or fails to pay, the clerk of the court shall notify the person in writing by first class mail that if the person does not comply or pay within ten (10) days from the date of mailing, the court will notify the commission and the commission will revoke the fishing, hunting or trapping privileges of that person. The cost of notice may be added to other court costs. If the person does not comply or pay as required, the court clerk shall immediately mail a copy of the court record and a copy of the notice to the commission. After receiving notice from the court, the commission shall revoke the fishing, hunting or trapping privileges of that person.
(b) A person whose fishing, hunting or trapping privileges have been revoked under this subsection shall remain revoked until the person can show proof that all obligations of the court have been met.
(c) A person shall pay a Twenty-five Dollar ($25.00) fee to have his privileges reinstated. The fee shall be paid to the department.
(8) Any person who is convicted of a second or subsequent violation of Section 1 of this act shall permanently forfeit all hunting, trapping and fishing privileges.
SECTION 8. Section 49-7-33, Mississippi Code of 1972, is amended as follows:
49-7-33. (1) It is unlawful to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait, natural deer urine, recordings of bird or animal calls, or electrically amplified imitations of calls of any kind, except a person:
(a) May use electrically amplified sound devices for hunting crow;
(b) May use liquid scents for any animal or bird;
(c) May use lures for trapping fur-bearing animals, according to regulations adopted by the commission;
(d) May take nuisance animals as provided in Section 49-7-31.5; and
* * *
(e) May take deer with the use of supplemental feed.
(2) The commission, in its discretion, may relax the restrictions regarding the use of lures or sound devices if a condition arises or exists, as decided by the State Board of Health or county board of health, that may endanger persons or livestock in a certain community, county or area.
SECTION 9. Section 69-1-13, Mississippi Code of 1972, is amended as follows:
69-1-13. (1) The following are the duties of the Commissioner of Agriculture and Commerce:
(a) * * * Encourage the proper development of
agriculture, horticulture and kindred industries.
(b) * * * Encourage the organization of
neighborhood and county agricultural clubs and associations, and out of these
the organization of the state agricultural association.
(c) * * * Collect and publish statistics and
such other information regarding such industries of this state and of other
states as may be of benefit in developing the agricultural resources of the
state. To this end he shall put himself in connection and shall cooperate with
the agricultural department of other states and with the Commissioner of
Agriculture of the United States, and shall provide for the proper and careful
distribution of all documents and information coming into his possession on
account of the department that may be of interest and benefit to the people of
the state.
(d) * * * Cause to be investigated the diseases
of grain, cotton, fruit and other crops grown in this state and also remedies
for such diseases, and also the habits and propagation of the various insects
that are injurious to the crops of the state and the proper mode of their
destruction.
(e) * * * Investigate the subject of grasses and
report upon their value and the cultivation of the varieties best adapted to
the different sections of the state.
(f) * * * Inquire into the subjects connected
with dairying that he may deem of interest to the people of the state, and in
this connection the raising of stock and poultry, the obtaining of such as are
of most value, and the breeding and propagation of the same; and shall
encourage raising of fish and the culture of bees.
(g) * * * Investigate the subjects of
subsoiling, drainage, etc., and the best modes of effecting each, and of
irrigation and what portions of the state can be best benefited thereby.
(h) * * * Investigate and report upon the
culture of wool and the utility and profit of sheep raising, also the culture
of silk and its manufacture and preparation for market.
(i) * * * Investigate and report on the question
of broadening the market for cotton and cotton goods in the United States and
foreign countries.
(j) * * * Cause a proper collection of
agricultural statistics to be made annually, and to this end shall furnish
blank forms to the tax assessors of each county, and it is made the special
duty of the tax assessor to whom said blanks are furnished to report to the
bureau a list of all public or private ginners in his county, with their post
offices, upon the demand of the commissioner. It shall be the duty of the
commissioner to furnish to such ginner a form or forms of report to be made to
the bureau at such time as the commissioner may direct. A failure to make such
reports on the part of the ginner or assessor as required by said commissioner
shall be deemed a misdemeanor, and, upon conviction, punished as provided by
law. It shall be the duty of the members of the boards of supervisors and the
county tax assessor of each county in this state to make such reports as may be
required by this bureau touching the matter within the scope of this chapter;
and failure of any supervisor or tax assessor to make such report when required
shall be deemed a misdemeanor and shall be punished as provided by law.
(k) * * * Appoint county correspondents who
shall report to him from time to time, as may be desired.
(l) * * * Collect specimens of wood suitable for
manufacture and other purposes, and specimens of agricultural, mineral,
phosphate and marl deposits of the state; cause correct analysis of such as may
be deemed expedient to be made and recorded in a substantial book to be kept
for this purpose.
(m) * * * As soon as practicable, prepare
a convenient handbook with necessary illustrated maps, which shall contain all
necessary information as to the mines, mineral, forest, soil, and other
products, climate, water, waterpower for the establishing of factories, land,
flowers, fisheries, mountains, streams, and all other statistics as are best
adapted to the giving of proper information and the attraction of advantages
which the state affords to immigrants, and shall make illustrated expositions
thereof whenever practicable at international and state expositions.
(n) * * * Have the primary responsibility for
developing programs that will enhance the marketing of the state's agricultural
products to both national and international markets.
(2) In addition to the duties provided in this section, the commissioner shall enforce the provisions of Section 1 of this act.
SECTION 10. Section 69-15-9, Mississippi Code of 1972, is amended as follows:
69-15-9. (1) (a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.
(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.
(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.
The Board of Animal Health shall administer the special fund created in Section 69-15-19.
(3) (a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.
(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.
(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.
(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
(5) In addition to the powers provided under this section, the board shall enforce the provisions of Section 1 of this act.
SECTION 11. Section 49-7-54, Mississippi Code of 1972, is brought forward as follows:
49-7-54. (1) It is unlawful to import and translocate live white-tailed deer into this state, except that university research facilities may import live white-tailed deer upon prior approval of the commission. The commission shall establish regulations governing the importation of white-tailed deer with emphasis on preventing the introduction of diseases.
(2) A person who violates this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.
SECTION 12. 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. A second or subsequent violation under this section shall be punished by the maximum fine 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 13. 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 I violation and is punishable as provided in Section 49-7-141.
SECTION 14. 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 15. Section 49-7-33.1, Mississippi Code of 1972, which authorizes the supplemental feeding of deer, is repealed.
SECTION 16. This act shall take effect and be in force from and after July 1, 2019.