Bill Text: MS HB1000 | 2013 | Regular Session | Introduced

Mississippi House Bill 1000 (Prior Session Legislation)

Introduced

Bill Title: Nongame Wildlife and endangered species; revise certain provisions relating to the possessing of.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-02-05 - Died In Committee [HB1000 Detail]

Download: Mississippi-2013-HB1000-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Bounds

House Bill 1000

AN ACT TO AMEND SECTION 49-5-115, MISSISSIPPI CODE OF 1972, TO PERMIT LAW ENFORCEMENT OFFICERS OR AGENTS OF THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO SEARCH AND SEIZE ANY WILDLIFE, RECORDS OR PROPERTY USED IN VIOLATION OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT; TO REMOVE THE DISCRETION GRANTED TO THE COMMISSION TO DIRECT THE TRANSFER OF SEIZED WILDLIFE TO A QUALIFIED INSTITUTION; TO AMEND SECTION 49-5-117, MISSISSIPPI CODE OF 1972, TO REMOVE THE LANGUAGE AS TO RETROACTIVE IMPACT OR PROHIBITION ON IMPORTATION OF WILDLIFE LAWFUL REMOVED FROM ANOTHER STATE AND TRANSPORTED, POSSESSED, EXPORTED, SOLD OR OFFERED FOR SALE THAT IS THREATENED WITH STATEWIDE EXTINCTION IN THE STATE OF MISSISSIPPI BUT NOT THE STATE OF ORIGIN; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-5-115, Mississippi Code of 1972, is amended as follows:

49-5-115. (a) Any person who violates the provisions of subsection (c) of Section 49-5-107, or any regulations issued under Section 49-5-107 or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a Class I violation and punished as provided in Section 49-7-141.

(b) Any person who violates the provisions of subsection (c) of Section 49-5-109, or any regulations issued pursuant thereto or whoever fails to procure or violates the terms of any permit issued under subsections (d) and (e) of Section 49-5-111 is guilty of a Class I violation and is punishable as provided under Section 49-7-141.

(c) All law enforcement and management officers of the commission and other law enforcement officers authorized to enforce the laws of the State of Mississippi are authorized to carry out the provisions of Sections 49-5-101 through 49-5-119. Any officer or agent may, without warrant, arrest any person who the officer or agent has probable cause to believe is violating, in his presence or view, any section, regulation or permit provided for by Sections 49-5-101 through 49-5-119. An officer or agent who has made an arrest of a person for any such violation may search the person or business records at the time of arrest and may seize any wildlife, records, or property taken, or used in connection with the violation.

(d) Equipment, merchandise, wildlife, or records seized under subsection (c) of this section shall be held by an officer or agent of the commission pending disposition of court proceedings, and may be forfeited to the state for destruction or disposition as the commission may deem appropriate. * * *

SECTION 2. Section 49-5-117, Mississippi Code of 1972, is amended as follows:

49-5-117. (a) None of the provisions of Sections 49-5-101 through 49-5-119 shall be construed to apply retroactively or to prohibit importation into the state of wildlife which may be lawfully imported into the United States * * *; provided, that this subsection shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of wildlife on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with subsection (d) of Section 49-5-109, except as permitted in the proviso by subsection (c) of Section 49-5-109 and subsection (d) of Section 49-5-111.

(b) If any provision of Sections 49-5-101 through 49-5-119 or the application thereof to any person or circumstance is held invalid, the remainder of such sections, and the application of such provision to other persons or circumstances, shall not be affected thereby.

SECTION 3. This act shall take effect and be in force from and after July 1, 2013.