MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Posey

AN ACT TO AMEND SECTIONS 49-11-1 THROUGH 49-11-27, MISSISSIPPI CODE OF 1972, WHICH REGULATE SHOOTING PRESERVES, TO CONFORM TO REORGANIZATION NOMENCLATURE; TO MAKE TECHNICAL REVISIONS; TO REGULATE COMMERCIAL WILDLIFE HUNTING ENCLOSURES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-11-1, Mississippi Code of 1972, is amended as follows:

49-11-1. For purposes of this chapter:

(a) "Commission" means the Commission on Wildlife, Fisheries and Parks.

(b) "Department" means the Department of Wildlife, Fisheries and Parks.

(c) "Operator" means a person licensed to operate a shooting preserve or a commercial wildlife enclosure.

SECTION 2. Section 49-11-3, Mississippi Code of 1972, is amended 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.

SECTION 3. Section 49-11-5, Mississippi Code of 1972, is amended 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 4. Section 49-11-7, Mississippi Code of 1972, is amended 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 5. Section 49-11-9, Mississippi Code of 1972, is amended 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 6. Section 49-11-13, Mississippi Code of 1972, is amended 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 7. Section 49-11-15, Mississippi Code of 1972, is amended 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 non-native wild game that may be released or hunted in commercial wildlife enclosures.

SECTION 8. Section 49-11-17, Mississippi Code of 1972, is amended 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 9. Section 49-11-19, Mississippi Code of 1972, is amended 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 10. Section 49-11-21, Mississippi Code of 1972, is amended 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 11. Section 49-11-23, Mississippi Code of 1972, is amended 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 12. Section 49-11-25, Mississippi Code of 1972, is amended 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 13. 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 14. Section 49-11-27, Mississippi Code of 1972, is amended 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 15. This act shall take effect and be in force from and after July 1, 1997.