MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Guice

House Bill 536

AN ACT TO AMEND SECTION 49-8-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO ADOPT REGULATIONS REGARDING CAGE SIZE OF INHERENTLY DANGEROUS WILD ANIMALS BASED ON THE SIZE AND WEIGHT OF EACH ANIMAL WITHIN A SPECIES AND NOT ONLY BASED ON THE SPECIES OF THE ANIMAL; TO PROVIDE THAT IF THE COMMISSION DOES NOT ADOPT REGULATIONS IN CONFORMITY WITH THIS ACT BY JANUARY 1, 2018, THEN THE COMMISSION SHALL LOSE REGULATORY POWER OVER CERTAIN REQUIREMENTS REGARDING WILD ANIMALS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 49-8-9, Mississippi Code of 1972, is amended as follows:

     49-8-9.  (1)  The commission shall have the following powers and duties:

          (a)  To prescribe the forms and types of permits;

          (b)  To establish fees for each type of permit but no permit fee shall exceed Three Hundred Dollars ($300.00);

          (c)  To establish qualifications for applicants and require the applicant to furnish any information it deems necessary;

          (d)  To exercise all powers necessary to implement a wild animal program.

     (2)  (a)  The commission shall specify by regulation the requirements for cages, facilities, handling, sanitation, veterinary care, food and water necessary for the welfare of the wild animals and to ensure the safety of the public.

          (b)  Any regulations adopted by the commission regarding the requirements for cages shall specify the cage requirements for animals based on ranges of the size and weight of each animal within a species and shall not base cage requirements solely on the species of animal without regard to the size and weight thereof.  If the regulations adopted by the commission regarding cage requirements do not conform to the requirements of this paragraph (b) by January 1, 2018, then the commission shall no longer have any of the powers and duties provided by this section except those provided by paragraph (b) of subsection (1).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.