Bill Text: MS HB1440 | 2012 | Regular Session | Introduced

Mississippi House Bill 1440 (Prior Session Legislation)

Introduced

Bill Title: White-tailed deer farms; authorize commission on Wildlife, Fisheries and Parks to regulate.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2012-03-06 - Died In Committee [HB1440 Detail]

Download: Mississippi-2012-HB1440-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Wildlife, Fisheries and Parks

By: Representatives Horne, Snowden

House Bill 1440

AN ACT TO REQUIRE THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS AND THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO REGULATE WHITE-TAILED DEER BREEDING FACILITIES; TO PROVIDE PENALTIES FOR VIOLATIONS OF RULES AND REGULATIONS ADOPTED BY THE COMMISSION AND DEPARTMENT; TO AMEND SECTION 49-7-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF THE TERM DEER; TO AMEND SECTION 49-7-51, MISSISSIPPI CODE OF 1972, TO PERMIT THE PURCHASE, SELL OR TRANSFER OF FARM-RAISED WHITE-TAILED DEER BETWEEN LICENSED DEER BREEDING FARMS AND PERMITTED HIGH FENCE HUNTING ENCLOSURES; TO AMEND SECTION 49-7-54, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION TO APPROVE THE IMPORTATION OR TRANSLOCATION OF LIVE WHITE-TAILED DEER INTO THE STATE; TO AMEND SECTIONS 49-7-58.3, 49-7-58.4 AND 49-11-3, MISSISSIPPI CODE OF 1972, TO DELETE THE DATE OF REPEAL; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary authority to adopt regulations to regulate all white-tailed deer breeding facilities 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) A person who violates any rules or regulations promulgated by the commission under this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

SECTION 2. Section 49-7-1, Mississippi Code of 1972, is amended as follows:

49-7-1. For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

(a) The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

(b) The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats.

(d) All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) - including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) - including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) - including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including - white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).

The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) - channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family - spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) - American eel (Anguilla rostrata); in the Bowfin family (Amiidae) - bowfin (Amia calva); in the Paddlefish family (Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker family (Catostomidae) - river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) - freshwater drum (Aplodinotus grunniens).

All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish.

All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish.

(e) The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves.

All other species of wild resident or migratory birds are classed as nongame birds.

(f) Closed season: the time during which birds, animals or fish may not be taken.

(g) Open season: the time during which birds, animals or fish may be lawfully taken.

(h) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

(i) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.

(j) "Executive director" means the Executive Director of the Department of Wildlife, Fisheries and Parks.

(k) "Deer" means white-tailed deer which are not contained within any commercial enclosure or housed inside permitted white-tailed deer breeding facilities as defined by the commission.

SECTION 3. Section 49-7-51, Mississippi Code of 1972, is amended as follows:

49-7-51. (1) (a) It is unlawful for any person to buy or sell or to offer for sale, exchange for merchandise, or other consideration, within this state, any game birds, game animals, or game fish, or parts thereof, named in this chapter, whether taken within or coming from without the state, except as specifically permitted by law or regulation.

(b) It is lawful for the following items to be bought and sold in accordance with the rules and regulations promulgated by the commission:

(i) The skins and sinew of deer and products crafted, fashioned or made from deer bones or antlers not in velvet;

(ii) Any part of a wild turkey, except the meat; * * *

(iii) Any parts of nuisance animals; and

(iv) The licensee of a white-tailed deer breeding facility may purchase, sell or transfer farm-raised white-tailed deer to other licensed breeding frames and permitted high fence wildlife hunting enclosures.

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

(2) Any person who buys, sells, offers for sale, exchange for merchandise, or other consideration, any wild bird, wild animal or fish that has been taken illegally is guilty of a Class I violation and punished as provided in Section 49-7-141.

SECTION 4. Section 49-7-54, Mississippi Code of 1972, is amended as follows:

49-7-54. (1) It is unlawful to import and translocate live white-tailed deer into this state, except * * * 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 5. Section 49-7-58.3, Mississippi Code of 1972, is amended as follows:

49-7-58.3. * * * The Commission on Wildlife, Fisheries and Parks 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.

* * *

SECTION 6. 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) A person who violates any rules or regulations promulgated by the commission under this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141.

SECTION 7. Section 49-11-3, Mississippi Code of 1972, is amended as follows:

49-11-3. (1) The department may issue operating licenses to any person, partnership, association or corporation for the operation of shooting preserves or commercial wildlife enclosures that meet the following requirements and any applicable regulations:

(a) Each shooting preserve shall contain a minimum of one hundred (100) acres in one (1) tract of leased or owned land (including water area, if any) and shall be restricted to not more than six hundred forty (640) contiguous acres (including water area, if any), except that preserves confined to the releasing of ducks only may be authorized to operate with a minimum of fifty (50) contiguous acres (including water area).

(b) The boundaries of each shooting preserve shall be clearly defined and posted with signs erected at intervals of three hundred (300) feet or less.

(c) Each commercial wildlife enclosure shall contain a minimum of three hundred (300) acres in one (1) tract of leased or owned land (including water area, if any). No commercial wildlife enclosure shall be constructed in such a manner as to allow ingress of native wild animals without providing means of egress.

(d) The preserve or enclosure must be privately owned and operated.

(2) The commission may issue any rules or regulations necessary to regulate shooting preserves and commercial wildlife enclosures and to enforce this chapter.

(3) * * * The commission may regulate the hunting of nonnative cervids within a commercial wildlife enclosure, and the department may enter such enclosure as provided under Section 49-11-25 and enforce such regulations.

* * *

SECTION 8. This act shall take effect and be in force from and after July 1, 2012.