Bill Text: MS HB1331 | 2024 | Regular Session | Introduced

Mississippi House Bill 1331

Introduced

Bill Title: White-tailed deer; prohibit restricting translocation of between permitted enclosures.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2024-03-05 - Died In Committee [HB1331 Detail]

Download: Mississippi-2024-HB1331-Introduced.html

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Wildlife, Fisheries and Parks; Accountability, Efficiency, Transparency

By: Representatives Kinkade, Carpenter, Keen, Tubb

House Bill 1331

AN ACT TO AMEND SECTION 49-7-58.4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS SHALL NOT PROHIBIT THE TRANSLOCATION OF WHITE-TAILED DEER BETWEEN PERMITTED ENCLOSURES; TO BRING FORWARD SECTIONS 49-7-53 AND 49-7-54, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) In an effort to promote biodiversity and otherwise ensure the overall health of animals within permitted enclosures, and to prevent potential abnormalities resulting from in-breeding, the commission shall not promulgate any rule that prohibits the translocation of white-tailed deer from within a permitted enclosure, to be released into another permitted enclosure. The commission may adopt rules for ensuring the health of animals to be moved between enclosures, such as live-tests for disease, prior to any translocation, in consultation with the State Veterinarian and/or best veterinary practices.

SECTION 2. Section 49-7-53, Mississippi Code of 1972, is brought forward as follows:

49-7-53. (1) It is unlawful for any railroad, express company or common carrier to knowingly receive for shipment or to ship any game animals, birds, or fish named in this chapter; except that a railroad, express company or common carrier may receive and carry game animals, birds or fish when accompanied by the hunter killing same and as provided otherwise in this chapter.

(2) No person or corporation may ship, transport or carry, cause to be shipped, transported or carried, or receive for shipment, transportation or carriage, or have in his possession with intent to ship, transport or carry, or secure the shipment, transportation or carriage beyond the limits of this state, any game animal, bird or fish, except for the following in accordance with rules and regulations promulgated by the commission:

(a) Rabbits;

(b) The furs or pelts of beaver, opossum, otter, raccoon or other fur-bearing animals during the open season and thirty (30) days thereafter;

(d) Game fish produced in a legally permitted aquaculture facility pursuant to Section 79-22-9;

(e) Any part of a wild turkey, except the meat; and

(f) The meat, hide or any other body parts of nuisance animals.

(3) The offering or reception by any person or corporation within this state of any such birds, animals or fish for shipment from this state shall be prima facie evidence that such birds, animals or game fish were killed, captured or taken within the state. Each game animal, bird or fish in possession, received for shipment or transportation, or shipped or transported in violation of this section is a separate offense.

(4) A nonresident licensee during the open season may ship, transport or carry from this state any game animal, bird or fish lawfully taken but not in excess of the bag and possession limits prescribed in Section 49-7-41.

Such nonresident licensee shall accompany the shipment or shall attach to such animals, birds or fish, or any package containing them, an affidavit in a form to be prescribed by the executive director that such animals, birds or fish were lawfully killed or taken by him and are being shipped or transported to his home and are not for sale. A duplicate of such affidavit shall be filed with the transportation company or agent thereof, whose duty it shall be to transmit the same to the executive director within ten (10) days after its receipt. Such affidavit shall be sworn to within ten (10) days after its receipt, and shall be sworn to before a person authorized to administer oaths in the state. For such purpose, conservation officers and agents of the transportation companies are hereby authorized to administer such oaths.

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

SECTION 3. Section 49-7-54, Mississippi Code of 1972, is brought forward as follows:

49-7-54. (1) It is unlawful to import and translocate live white-tailed deer into this state, except that university research facilities may import live white-tailed deer upon prior approval of the commission. The commission shall establish regulations governing the importation of white-tailed deer with emphasis on preventing the introduction of diseases.

(2) A person who violates this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.