MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Whittington
AN ACT TO PLACE A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF WILDLIFE ENCLOSURES FOR CERVIDS OR EXOTIC ANIMALS WITHIN THE STATE AFTER JULY 1, 2014; TO REQUIRE THE BOARD OF ANIMAL HEALTH TO REVOKE THE APPLICATION FOR PERMIT OF ANY PERSON OR ENTITY DESIRING TO ESTABLISH AND OPERATE A WILDLIFE ENCLOSURE; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THE MORATORIUM ON WILDLIFE ENCLOSURES; TO AMEND SECTION 49-7-58, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 69-15-9, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE BOARD OF ANIMAL HEALTH AND STATE VETERINARIAN RELATING TO THE CONTROL OF DISEASE IN WILD AND DOMESTICATED ANIMALS; TO AMEND SECTIONS 49-1-29, 49-4-41, 49-7-58.1 AND 49-7-58.2, MISSISSIPPI CODE OF 1972, REMOVING CERTAIN AUTHORITY FROM THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS AS IT RELATES TO THOSE ENTITIES' CONTROL OF DISEASE IN ANIMALS AND TRANSFERRING SUCH AUTHORITY TO THE BOARD OF ANIMAL HEALTH; TO BRING FORWARD SECTION 49-8-1, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; TO REPEAL SECTION 49-7-58.3 AND 49-7-58.4, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE REGULATION OF THE HUNTING OF NONNATIVE CERVIDS IN COMMERCIAL AND NONCOMMERCIAL WILDLIFE ENCLOSURES THAT PREVENT THE FREE EGRESS OF WHITE-TAIL DEER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The establishment and operation of any wildlife enclosures for cervids or exotic animals within the state after July 1, 2014, whether such enclosure is for commercial or noncommercial purpose, is prohibited.
(2) The Board of Animal Health shall revoke the application for permit of any person or entity desiring to establish and operate a wildlife enclosure. Any person or entity that fails to comply with the revocation of application for permit in violation of this section shall be subject to a Class I penalty under Section 49-7-141 for each cervid contained within the enclosure at the time such violation is reported to and discovered by the board.
SECTION 2. (1) (a) The Department of Wildlife, Fisheries and Parks shall prepare and submit a report to the House and Senate Committees on Wildlife, Fisheries and Parks, on the operating status of wildlife enclosures in the state, no later than September 30, 2014. The report, which shall also be made available to the public on the department's website, must include the following information:
(i) The number of wildlife enclosures, both commercial and noncommercial, in operation in the state;
(ii) The number of wildlife enclosures, both commercial and noncommercial, which contain white-tailed deer and which do not provide free egress of such deer from the enclosed area;
(iii) The location of each enclosure and the acreage within each wildlife enclosure. The identity of the individual or entity in ownership of the enclosure shall remain confidential to the regulatory agency or board;
(iv) The identification and status of any wildlife enclosure under quarantine for confirmed cases of chronic wasting disease within such enclosure;
(b) From and after September 30, 2015, the report required under paragraph (a) of this subsection shall be prepared and submitted by the Board of Animal Health.
(2) The report required to be submitted to the House and Senate Committees on Wildlife, Fisheries and Parks under subsection (1) of this section shall be available for public inspection upon a request for information under the provisions of the Mississippi Public Records Act of 1983 as prescribed under Section 25-61-1 et seq.
SECTION 3. 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 * * *
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. * * *
(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. * * *
(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 * * *
State Veterinarian and the * * * Board of
Animal Health shall have plenary authority in matters related to the
importation of white-tailed deer * * * and
prevention of the introduction of chronic wasting disease into the native
wildlife population.
SECTION 4. 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 * * *
Board
of Animal Health. 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 * * * board.
(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
of Wildlife, Fisheries and Parks.
(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 * * * State Veterinarian. If
chronic wasting disease is diagnosed within five (5) miles of the enclosure,
the owner of such enclosure shall allow * * * personnel of the Board of Health
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 * * * board 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 5. 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, both wild and domesticated, 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 white-tailed deer, 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) The board shall have authority to require Chronic Wasting Disease (CWD) testing of white-tailed deer harvested within any enclosure; to grant any officer or agent of the board authority to access the property and depopulate white-tailed deer within an enclosure where CWD has been diagnosed; and to grant officer or agent of the board authority to access the property and utilize lethal collection methods to obtain tissue samples for testing where CWD has been diagnosed within five (5) miles of the enclosure.
(6) The board may take any action it deems necessary and may use its emergency powers to prevent, control or eradicate disease resulting from the feeding of wild animals and game birds.
(7) The State Veterinarian 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 6. Section 49-1-29, Mississippi Code of 1972, is amended as follows:
49-1-29. The commission may promulgate rules and regulations, inaugurate studies and surveys, and establish any services it deems necessary to carry out wildlife laws. A violation of any rules or regulations promulgated by the commission shall constitute a misdemeanor and shall be punished as provided in Section 49-7-101.
The executive director shall have authority with commission approval:
(a) To close or shorten the open season as prescribed by law in cases of urgent emergency on any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians, in any locality, when it finds after investigation and public review that the action is reasonably necessary to secure the perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply in the affected area. The statutes shall continue in full force and effect, except as restricted and limited by the rules and regulations promulgated by the commission.
(b) To designate wildlife refuges, with the consent of the property owner or owners, in any localities it finds necessary to secure perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply for the purpose of providing a safe retreat where the animals may rest and replenish adjacent hunting, trapping or fishing grounds or waters, and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.
(c) To acquire and hold for the state by purchase, condemnation, lease, or agreement as authorized from time to time by the Legislature, and to receive by gifts or devise, lands or water suitable for fish habitats, game and bird habitats, state parks, access sites, wildlife refuges, or for public shooting, trapping or fishing grounds or waters, to provide areas on which any citizen may hunt, trap or fish under any special regulations as the commission may prescribe, and to approve lands suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.
(d) To extend and consolidate lands or waters suitable for the above purposes by exchange of lands or waters under its jurisdiction.
(e) To capture, propagate, transport, sell or exchange any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians needed for stocking or restocking any lands or waters of the state.
(f) To enter into cooperative agreements with persons, firms, corporations or governmental agencies for purposes consistent with this chapter.
(g) To regulate the burning of rubbish, slashings and marshes or other areas it may find reasonably necessary to reduce the danger of destructive fires.
(h) To conduct research in improved wildlife and fisheries conservation methods and to disseminate information to the residents of the state through the schools, public media and other publications.
(i) To have exclusive charge and control of the propagation and distribution of wild birds, animals, reptiles, fish and amphibians, the conduct and control of hatcheries, biological stations and game and fur farms owned or acquired by the state; to expend for the protection, propagation or preservation of game birds, game or fur-bearing animals, reptiles, fish and amphibians all funds of the state acquired for this purpose arising from licenses, gifts or otherwise; and shall have charge of the enforcement of all wildlife laws.
(j) To grant permits and provide regulations for field trials and dog trainers.
(k) To prohibit and to regulate the taking of nongame gross fish, except minnows.
(l) To enter into agreements with landowners to trap and purchase quail on the premises of the landowner and to provide for the distribution of quail.
(m) To operate or lease to third persons concessions or other rights or privileges on lakes owned or leased by the department. Owners of land adjoining land owned or leased by the department shall have priority to the concessions or rights or privileges, if the owners meet the qualifications established by the commission.
(n) To implement a beaver control program and to charge fees, upon the recommendation of the Beaver Control Advisory Board, to landowners participating in the beaver control program described in Section 49-7-201.
(o) To apply for, receive and expend any federal, state or local funds, contributions or funds from any other source for the purpose of beaver control or eradication.
(p) To require the department to divide the districts into zones if necessary, and periodically survey the districts or zones to obtain information that is necessary to properly determine the population and allowable harvest limits of wildlife within the district or zone.
* * *
SECTION 7. Section 49-4-41, Mississippi Code of 1972, is amended as follows:
49-4-41. (1) (a) The Commission on Wildlife, Fisheries and Parks shall regulate the feeding of wild animals and game birds outside of wildlife enclosures and shall have plenary authority in matters related to such feeding of wild animals and game birds.
(b) The authority to regulate feeding shall not apply to planted food plots and natural habitat management.
(c) The authority to regulate feeding under this section shall not apply to wildlife enclosures.
* * *
( * * *2) A violation of this section or any
regulation of the commission promulgated to prevent, control or eradicate
disease is a Class II violation and is punishable as provided in Section 49-7-143.
SECTION 8. Section 49-7-58.2, Mississippi Code of 1972, is amended as follows:
49-7-58.2. (1) The * * *
Board
of Animal Health shall develop and implement a program for inspecting,
monitoring, testing and preventing chronic wasting disease. The * * *
State
Veterinarian 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 9. Section 49-8-1, Mississippi Code of 1972, is brought forward as follows:
49-8-1. The Legislature finds and declares that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. In addition, the Legislature finds that these wild animals may pose a threat of introducing disease that is harmful to humans and Mississippi's wildlife. The Legislature further finds and declares that wildlife inherently dangerous to humans may be possessed only as provided in this chapter. The importation, sale, transfer and possession of these wild animals are privileges that are not to be granted unless it can be clearly demonstrated that the privileges can be exercised in a manner that does not pose unnecessary risk to the citizens of this state and indigenous wildlife.
SECTION 10. Sections 49-7-58.3 and 59-7-58.4, Mississippi Code of 1972, which provide for the regulation of hunting nonnative cervids in commercial and noncommercial enclosures that prevent the free egress of white-tail deer, are repealed.
SECTION 11. This act shall take effect and be in force from and after July 1, 2014.