MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Ward

Senate Bill 2144

(As Passed the Senate)

AN ACT TO AMEND SECTION 49-7-58.3, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014, REPEAL DATE OF THE PROVISION OF LAW THAT AUTHORIZES THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO REGULATE THE HUNTING OF NONNATIVE CERVIDS IN NONCOMMERCIAL WILDLIFE ENCLOSURES; TO AMEND SECTION 49-7-58.4, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014, REPEAL DATE ON THE PROVISION OF LAW THAT GRANTS THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS PLENARY POWER TO REGULATE ALL COMMERCIAL AND NONCOMMERCIAL WILD ANIMAL ENCLOSURES AND AUTHORIZES THE COMMISSION TO REGULATE ANY FACILITY THAT PREVENTS THE FREE INGRESS AND EGRESS OF NATIVE OR NONNATIVE CERVIDS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-7-58.3, Mississippi Code of 1972, is amended as follows:

     49-7-58.3.  (1)  The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, 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.

     (2)  A violation of this section is a Class I violation and punishable as provided in Section 49-7-141.

 * * * (3)  This section shall repeal on July 1, 2014.

     SECTION 2.  Section 49-7-58.4, Mississippi Code of 1972, is amended as follows:

     49-7-58.4.  (1)  The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary power to regulate all commercial and noncommercial wild animal enclosures in order to conserve and protect native wildlife for all citizens to enjoy and to protect our recreational economy dependent on native wildlife resources.

     (2)  The Commission on Wildlife, Fisheries and Parks shall regulate any facility that prevents the free ingress and egress of native or nonnative cervids as the same are defined by the commission.  The commission may promulgate rules and regulations requiring the issuance of permits and the payment of a reasonable fee therefor.  Regulations promulgated under this authority must have a majority vote of the commission to be adopted.

 * * * (3)  This section shall repeal on July 1, 2014.

     SECTION 3.  This act shall take effect and be in force from and after its passage.