Senate Bill 2555

AN ACT TO ALLOW THE IMPORTATION OF FARM-RAISED WHITE-TAILED DEER, SEMEN, OVA AND EMBRYOS INTO THE STATE OF MISSISSIPPI FROM HERDS THAT ARE CERTIFIED FREE OF CHRONIC WASTING DISEASE AND ARE NOT LOCATED NEAR CHRONIC WASTING DISEASE ENDEMIC AREAS; TO ALLOW THE ESTABLISHMENT OF DEER-BREEDING FARMS; TO AMEND SECTION 49-7-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE THAT CHAPTER 7 OF TITLE 49, MISSISSIPPI CODE OF 1972, DOES NOT APPLY TO FARM-RAISED WHITE-TAILED DEER CONTAINED IN BREEDING FACILITIES OR TO DEER-BREEDING FARMS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following words shall mean:

(a) "Commercial purpose" means the breeding, keeping, raising, buying, selling, trading or transferring ownership of farm-raised white-tailed deer.

(b) "Deer-breeding farm" means a permitted enclosure used to breed or raise farm-raised white-tailed deer for a commercial purpose.

(c) "Farm-raised white-tailed deer" means any animal of the species and genus odocoileus virginianus which is bred, born, raised or kept on a deer-breeding farm for a commercial purpose.

(d) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks and the Mississippi Commission on Wildlife, Fisheries and Parks.

SECTION 2. (1) The licensee of a deer-breeding farm may purchase, sell or transfer farm-raised white-tailed deer to other licensed deer-breeding farms and permitted high-fence wildlife hunting enclosures and for commercial purposes.

(2) Farm-raised white-tailed deer are deemed to be the property of the licensee of a deer-breeding farm or wildlife hunting enclosure and not property of the state.

(3) The minimum acreage required for the establishment of a white-tailed deer-breeding farm shall be five (5) continuous acres. The department may approve smaller farms upon application.

SECTION 3. A licensee of a deer-breeding farm or permitted white-tailed deer hunting enclosure may import farm-raised white-tailed deer, semen, ova and embryos into the state. Deer imported into the state must meet the following requirements:

(a) The herd of origin has participated in a chronic wasting disease monitoring program for at least five (5) years and is certified free of chronic wasting disease and must be at least twenty-five (25) miles from any area that has had any history of chronic wasting disease, and is not in an area that is currently endemic;

(b) Have an entry permit issued by the department's office no more than thirty (30) days before entry into the state;

(c) Have written proof of a negative test for brucellosis or originate from a brucellosis certified free herd, or state, as required by federal regulations;

(d) Have written proof of a negative test for tuberculosis or originate from a tuberculosis accredited herd, or state, as may be required by federal regulations;

SECTION 4. Section 49-7-1, Mississippi Code of 1972, is amended as follows:

49-7-1. For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

(a) The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

(b) The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats.

(d) All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) - including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) - including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) - including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including - white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).

The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) - channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family - spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) - American eel (Anguilla rostrata); in the Bowfin family (Amiidae) - bowfin (Amia calva); in the Paddlefish family (Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker family (Catostomidae) - river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) - freshwater drum (Aplodinotus grunniens).

All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish.

All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish.

(e) The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves.

All other species of wild resident or migratory birds are classed as nongame birds.

(f) Closed season: the time during which birds, animals or fish may not be taken.

(g) Open season: the time during which birds, animals or fish may be lawfully taken.

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

(i) Deer" means wild white-tailed deer and does not include farm-raised white-tailed deer that are housed inside permitted breeding farms.

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

(k) "Executive director" means the Executive Director of the Department of Wildlife, Fisheries and Parks.

SECTION 5. Chapter 7, Title 49, Mississippi Code of 1972, shall not apply to farm-raised white-tailed deer on deer-breeding farms regulated by the department.

SECTION 6. This act shall take effect and be in force from and after July 1, 2012.