Bill Text: MS SB2770 | 2014 | Regular Session | Introduced
Bill Title: White-tailed deer enclosure; transfer the regulation of certain aspects to the Board of Animal Health.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2770 Detail]
Download: Mississippi-2014-SB2770-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Hill
Senate Bill 2770
AN ACT TO AMEND SECTIONS 49-7-54, 49-7-58 AND 49-7-58.1, MISSISSIPPI CODE OF 1972, TO TRANSFER THE REGULATION OF CERTAIN ASPECTS OF WHITE-TAILED DEER ENCLOSURES FROM THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO THE BOARD OF ANIMAL HEALTH; TO PROVIDE THAT THE BOARD OF ANIMAL HEALTH SHALL REGULATE THE IMPORTATION OF WHITE-TAILED DEER INTO THIS STATE FOR UNIVERSITY RESEARCH FACILITIES WITH EMPHASIS ON PREVENTION OF THE INTRODUCTION DISEASES; TO PROVIDE THAT THE BOARD OF ANIMAL HEALTH SHALL REGULATE MATTERS RELATED TO WHITE-TAILED DEER IN ENCLOSURES; TO PROVIDE THAT ACCEPTABLE HUNTING AND WILDLIFE MANAGEMENT PRACTICES USED IN SUCH ENCLOSURES SHALL BE AS DETERMINED BY THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO AMEND SECTION 69-15-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 that university research facilities may import live white-tailed deer
upon prior approval of the * * * State Veterinarian. The * * * Board of Animal Health 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 2. Section 49-7-58, Mississippi Code of 1972, is amended as follows:
49-7-58. (1) (a) In addition to the ban on importing white-tailed deer under Section 49-7-54, there is hereby imposed a temporary moratorium on the importation of elk, red deer, mule deer, black-tailed deer and other cervids designated as susceptible to chronic wasting disease by the State Veterinarian and crosses of any such animals into the State of Mississippi. The moratorium on importing such animals shall end upon the adoption of chronic wasting disease regulations by the United States Department of Agriculture.
(b) Any person who possesses, buys, imports or transports any cervid that has been imported in the state in violation of the moratorium shall be subject to a Class I penalty under Section 49-7-141. Any person that imports any exotic animal into the state in violation of entry requirements or regulations of the Board of Animal Health or the Department of Wildlife shall be subject to a Class I penalty under Section 49-7-141. A second or subsequent violation under this section shall be punished by the maximum fine under Section 49-7-141. The agency issuing a permit for cervids or exotic animals within an enclosure shall revoke the permit of any person found in violation of the moratorium. If any cervid in an enclosure tests positive for chronic wasting disease or if any cervids within the enclosure have been imported from an area diagnosed with chronic wasting disease, then all cervids in the enclosure shall be deemed a threat to native wildlife and to public health and may be killed and disposed of by the state.
(2) It shall be the duty of the Commissioner of Agriculture and Commerce, the Board of Animal Health, the State Veterinarian, the Commission on Wildlife, Fisheries and Parks, and the Department of Wildlife, Fisheries and Parks to consult and coordinate efforts on matters related to chronic wasting disease, the prevention of the introduction of chronic wasting disease in the state and to ensure the health and safety of the public and wildlife.
(3) The * * * Board of Animal
Health shall * * * regulate matters related to * * * white-tailed
deer in enclosures * * *
and prevention of the introduction of chronic wasting disease and other
diseases into the native wildlife population; however, acceptable
hunting and wildlife management practices shall be used in such enclosures as
may be determined by the Department of Wildlife, Fisheries and Parks.
SECTION 3. Section 49-7-58.1, Mississippi Code of 1972, is amended as follows:
49-7-58.1. (1) The owner
of any enclosure containing white-tailed deer that prevents the free egress of
white-tailed deer from the enclosed area shall notify and register with the * * *
Board
of Animal Health. The person shall give his name, the location of the
enclosure, the acreage within the enclosure, and whether any deer have been
imported into the state and placed in the enclosure, and any other information
required by the * * * Board of Animal Health. The
Board of Animal Health shall provide the Department of Wildlife, Fisheries and
Parks with the information that it receives pursuant to this subsection.
(2) Persons who constructed an enclosure prior to July 1, 2003, shall have until January 1, 2004, to notify and provide the information required under this section. The person shall use acceptable hunting and wildlife management practices as may be determined by the Department of Wildlife, Fisheries and Parks.
(3) The owner of such an
enclosure shall comply with any testing of white-tailed deer harvested within
the enclosure as may be required by the * * * Board of Animal Health. If
chronic wasting disease is diagnosed within five (5) miles of the enclosure,
the owner of such enclosure shall allow * * * agents of the State
Veterinarian to enter the enclosure to utilize lethal collection methods to
obtain tissue samples for testing. If chronic wasting disease is diagnosed
within the enclosure, the owner shall allow * * * agents of the State
Veterinarian to enter the enclosure and depopulate the white-tailed deer
within the enclosure.
(4) A violation of this section is a Class I violation and is punishable as provided in Section 49-7-141.
SECTION 4. Section 69-15-9, Mississippi Code of 1972, is amended as follows:
69-15-9. (1) (a) The Board of Animal Health shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the board is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.
(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.
(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.
The Board of Animal Health shall administer the special fund created in Section 69-15-19.
(3) (a) The Board of Animal Health shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of native cervids, exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.
(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.
(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.
(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.
