House Bill 1040

AN ACT TO AMEND SECTIONS 49-7-58.1, 49-7-58.3, 49-11-3, AND 49-11-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO HUNT ANY NATIVE OR NONNATIVE WILD GAME WITHIN ANY COMMERCIAL OR NONCOMMERCIAL WILDLIFE ENCLOSURE CONSTRUCTED ON OR AFTER JULY 1, 2004, UNLESS SPECIFICALLY AUTHORIZED BY LAW; TO AMEND SECTION 49-11-5, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE FOR ISSUANCE OF A LICENSE TO A COMMERCIAL WILDLIFE ENCLOSURE CONSTRUCTED ON OR AFTER JULY 1, 2004; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-7-58.1, Mississippi Code of 1972, is amended 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. However, except as otherwise specifically authorized by law, it shall be unlawful to hunt white-tailed deer or any other animal (a) in violation of Section 49-7-78, or (b) within an enclosure constructed on or after July 1, 2004.

(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 2. Section 49-7-58.3, Mississippi Code of 1972, is amended as follows:

49-7-58.3. (1) The Commission on Wildlife, Fisheries and Parks may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures constructed before July 1, 2004, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25. However, except as otherwise specifically authorized by law, it shall be unlawful to hunt nonnative cervids or any other animal (a) in violation of Section 49-7-78, or (b) within an enclosure constructed on or after July 1, 2004.

(2) This section shall repeal on July 1, 2005.

SECTION 3. 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.

(3) (a) The commission may regulate the hunting of nonnative cervids within a commercial wildlife enclosure constructed before July 1, 2004, and the department may enter such enclosure as provided under Section 49-11-25 and enforce such regulations. However, except as otherwise specifically authorized by law, it shall be unlawful to hunt nonnative cervids or any other animal (a) in violation of Section 49-7-78, or (b) within an enclosure constructed on or after July 1, 2004.

(b) This subsection (3) shall repeal on July 1, 2005.

SECTION 4. 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 nonnative wild game that may be released or hunted in commercial wildlife enclosures constructed before July 1, 2004. However, except as otherwise specifically authorized by law, it shall be unlawful to hunt nonnative wild game or any other animal within a commercial wildlife enclosure constructed on or after July 1, 2004.

SECTION 5. Section 49-11-5, Mississippi Code of 1972, is amended as follows:

49-11-5. (1) The fee for a shooting preserve license or a license for a commercial wildlife enclosure constructed before July 1, 2004, 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.

(2) The fee for a license for a commercial wildlife enclosure constructed on or after July 1, 2004, shall be One Thousand Five Hundred Dollars ($1,500.00) per year for the first three hundred (300) acres of commercial wildlife enclosure area, and One Hundred Fifty Dollars ($150.00) per year for each additional one hundred (100) acres or parts thereof.

SECTION 6. This act shall take effect and be in force from and after July 1, 2004.