Exotic animals; enhance penalties for killing or capturing after unlawful entry into a commercial wildlife enclosure.

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To: Wildlife, Fisheries and
Parks
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Blackwell

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1629

AN ACT TO CREATE NEW SECTION 49-11-22, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO KNOWINGLY ENTER A 2
SHOOTING PRESERVE OR COMMERCIAL WILDLIFE ENCLOSURE AND KILLING, 3
MAIMING, WOUNDING OR CAPTURING EXOTIC LIVESTOCK; TO PRESCRIBE 4
PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 49-11-1 AND 49-7-1, 5
MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "EXOTIC LIVESTOCK" 6
AND "COMMERCIAL WILDLIFE ENCLOSURE"; TO AMEND SECTIONS 49-7-101, 7
49-7-141 AND 97-17-85, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO 8
THE PRECEDING PROVISIONS; TO BRING FORWARD SECTION 97-17-87 AND 9
69-29-1, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 10
AMENDMENT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. The following shall be codified as Section 13
49-11-22, Mississippi Code of 1972: 14
49-11-22. (1) It shall be unlawful for any person to 15
knowingly enter a shooting preserve or commercial wildlife 16
enclosure without the permission of, or without being accompanied 17
by, the operator or owner of the preserve or enclosure, or the 18
agent of operator or owner of the preserve or enclosure, to kill, 19
maim, wound or capture any exotic livestock contained within the 20
preserve or enclosure. 21
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(2) Any person convicted of violating subsection (1) of this 22
section shall be guilty of willful or malicious trespass, and upon 23
conviction, shall be fined not exceeding Five Hundred Dollars 24
($500.00), or imprisoned not longer than six (6) months in the 25
county jail, or both in accordance with Section 97-17-87(1). 26
(3) In addition to any fine or penalty assessed due to a 27
violation of this section, a person convicted of violating 28
subsection (1) of this section who unlawfully kills, maims, wounds 29
or captures any exotic livestock while trespassing, is guilty of a 30
Class I violation and shall be punished in accordance as provided 31
in Section 49-7-141(1). 32
(4) In addition to any fine or penalty assessed due to a 33
violation of this section, a person convicted of violating 34
subsection (1) of this section who unlawfully kills, maims, wounds 35
or captures any exotic livestock while trespassing, shall make 36
restitution to the operator and owner of the enclosure for each 37
exotic animal killed, maimed, wounded or captured. The measure 38
for restitution in money shall be the current replacement value of 39
such loss and/or the actual veterinarian fees, special supplies, 40
loss of income and other costs incurred as a result of the 41
violation. The total amount of restitution authorized by this 42
paragraph shall be paid to the landowner. 43
(5) In addition to any fine or penalty assessed due to a 44
violation of this section, a person convicted of violating 45
subsection (1) of this section shall be civilly liable for any 46
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damage caused to structure of the shooting preserve or commercial 47
wildlife enclosure when gaining entry thereto. 48
SECTION 2. Section 49-11-1, Mississippi Code of 1972, is 49
amended as follows: 50
49-11-1. For purposes of this chapter: 51
(a) "Commission" means the Commission on Wildlife, 52
Fisheries and Parks. 53
(b) "Department" means the Department of Wildlife, 54
Fisheries and Parks. 55
(c) "Operator" means a person licensed to operate a 56
shooting preserve or a commercial wildlife enclosure. 57
(d) "Commercial wildlife enclosure" means any privately 58
owned, operated and licensed facility constructed with man-made or 59
man-placed fenced structure, or combination of fencing and terrain 60
features, which must: 61
(i) Contain a minimum of three hundred (300) acres 62
in one (1) contiguous tract of leased or owned land, of which at 63
least 50 percent (50%) of the total enclosed area must contain 64
suitable habitat for white-tailed deer and is not susceptible to 65
flooding; 66
(ii) Be constructed and managed so as to prevent 67
the ingress of native wild animals without providing means of 68
egress for the same. 69
(e) "Exotic livestock" means grass-eating or 70
plant-eating, single-hooved or cloven-hooved mammals that are not 71
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indigenous to this state, including non-native cervids, exotic 72
ruminants, non-domestic camelids, non-domestic swine, and other 73
non-native ungulates, including animals from the swine, horse, 74
tapir, rhinoceros, elephant, deer and antelope families raised or 75
maintained in captivity for the production of meat and other 76
products, for sport or for exhibition. 77
SECTION 3. Section 49-7-1, Mississippi Code of 1972, is 78
amended as follows: 79
49-7-1. For the purposes of this chapter, the following 80
definitions and interpretations shall govern unless otherwise 81
provided: 82
(a) The following wild animals are classed as game: 83
bear, white-tailed deer, rabbits and squirrels. 84
(b) The following wild animals are classed as 85
fur-bearing animals: muskrats, opossums, otters, weasels, minks, 86
raccoons and bobcats. 87
(c) The following wild animals are classed as nuisance 88
animals: wild hogs, nutria, beaver, fox, skunks and coyote. 89
(d) All freshwater fish in the following families are 90
classed as game fish: Sunfish family (Centrarchidae) - including 91
largemouth bass (Micropterus salmoides), smallmouth bass 92
(Micropterus dolomieu), spotted bass (Micropterus punctulatus), 93
white crappie (Pomoxis annularis), black crappie (Pomoxis 94
nigromaculatus), redear sunfish (Lepomis microlophus), bluegill 95
(Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish 96
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(Lepomis cyanellus), longear sunfish (Lepomis megalotis), 97
redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites 98
ariommus); Perch family (Percidae) - including walleye 99
(Stizostedion vitreum), sauger (Stizostedion canadense) and yellow 100
perch (Perca flavescens); Pike family (Esocidae) - including 101
redfin pickerel (Esox americanus americanus), grass pickerel (Esox 102
americanus vermiculatus), chain pickerel (Esox niger); Temperate 103
bass family (Moronidae) including - white bass (Morone chrysops), 104
yellow bass (Morone mississippiensis), striped bass (Morone 105
saxatilis) and hybrid striped bass (Morone chrysops x Morone 106
saxatilis and/or Morone saxatilis x Morone chrysops). 107
The following fish are classed as nongame gross fish: in the 108
Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), 109
threadfin shad (Dorosoma petenense); in the Catfish family 110
(Ictaluridae) - channel catfish (Ictalurus punctatus), blue 111
catfish (Ictalurus furcatus), flathead catfish (Pylodictus 112
olivaris), yellow bullhead (Ameiurus natalis), black bullhead 113
(Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar 114
family - spotted gar (Lepisosteus oculatus), longnose gar 115
(Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), 116
alligator gar (Atractosteus spatula); in the Eel family 117
(Anguillidae) - American eel (Anguilla rostrata); in the Bowfin 118
family (Amiidae) - bowfin (Amia calva); in the Paddlefish family 119
(Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow 120
family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker 121
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family (Catostomidae) - river carpsucker (Carpoides carpio), 122
quillback (Carpoides cyprinus), highfin carpsucker (Carpoides 123
velifer), spotted sucker (Minytrema melanops), blacktail redhorse 124
(Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), 125
bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus 126
niger); in the Drum family (Sciaenidae) - freshwater drum 127
(Aplodinotus grunniens). 128
All fish native to Mississippi that are not classed as game 129
fish or nongame gross fish are classed as nongame fish. 130
All fish native to foreign countries and all fish native to 131
the United States but not native to Mississippi are classed as 132
nonnative fish. 133
(e) The following are classed as game birds: geese, 134
brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, 135
crow, mergansers, wild turkey, quail and doves. 136
All other species of wild resident or migratory birds are 137
classed as nongame birds. 138
(f) Closed season: the time during which birds, 139
animals or fish may not be taken. 140
(g) Open season: the time during which birds, animals 141
or fish may be lawfully taken. 142
(h) "Commission" means the Mississippi Commission on 143
Wildlife, Fisheries and Parks. 144
(i) "Department" means the Mississippi Department of 145
Wildlife, Fisheries and Parks. 146
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(j) "Executive director" means the Executive Director 147
of the Department of Wildlife, Fisheries and Parks. 148
(k) "Exotic livestock" means grass-eating or 149
plant-eating, single-hooved or cloven-hooved mammals that are not 150
indigenous to this state, including non-native cervids, exotic 151
ruminants, non-domestic camelids, non-domestic swine, and other 152
ungulates, including animals from the swine, horse, tapir, 153
rhinoceros, elephant, deer and antelope families raised or 154
maintained in captivity for the production of meat and other 155
products, for sport or for exhibition. 156
SECTION 4. Section 49-7-101, Mississippi Code of 1972, is 157
amended as follows: 158
49-7-101. (1) Unless a different or other penalty or 159
punishment is specially prescribed, a person who violates any of 160
the provisions of this chapter or any law or regulation for the 161
protection of wild animals, birds, or fish, or who fails to 162
perform any duty imposed by such laws or regulations, or who 163
violates or fails to comply with any lawful order, rule or 164
regulation adopted by the commission is guilty of a Class III 165
violation and, upon conviction thereof, shall be punished by a 166
fine of not less than Twenty-five Dollars ($25.00) nor more than 167
One Hundred Dollars ($100.00). In addition thereto, such person 168
is liable, in the discretion of the court, to an additional 169
penalty of Twenty-five Dollars ($25.00) for each animal, bird, or 170
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fish, or part thereof, or each nest or egg of any bird taken, 171
possessed, or transported in violation of such law or regulation. 172
(2) Any person unlawfully killing a doe deer is guilty of a 173
Class II violation and shall be punished as provided in Section 174
49-7-143. 175
(3) Any person killing a wild turkey hen, except when 176
permitted by the commission is guilty of a Class II violation and 177
shall be punished as provided in Section 49-7-143. 178
(4) Any person killing any turkey out of season, and any 179
person baiting turkeys is guilty of a Class II violation and shall 180
be punished as provided in Section 49-7-143. 181
(5) Any person unlawfully trapping quail or any other game 182
bird within this state is guilty of a Class II violation and 183
shall be punished as provided in Section 49-7-143. 184
(6) Any person transporting, shipping, or carrying quail or 185
any other game bird within, or from within to a point without this 186
state, without first having secured permission from the executive 187
director to so do, shall, except as otherwise provided by Section 188
49-1-1 et seq., be fined not less than One Hundred Dollars 189
($100.00). 190
(7) Any person unlawfully entering a shooting preserve or 191
commercial wildlife enclosure and killing, maiming, wounding or 192
capturing any exotic livestock contained therein is guilty of a 193
Class I violation and shall be punished in accordance as provided 194
in Section 49-7-141(1). In addition thereto, such person shall: 195
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(a) Be guilty of unlawful entry and punished in 196
accordance with Section 49-11-22; 197
(b) Be civilly liable for any damage caused to 198
structure of the shooting preserve or commercial wildlife 199
enclosure when gaining entry thereto; and 200
(c) Make restitution to the operator and owner of the 201
shooting preserve or commercial wildlife enclosure for each exotic 202
animal killed, maimed, wounded or captured. The measure for 203
restitution in money shall be the current replacement value of 204
such loss and/or the actual veterinarian fees, special supplies, 205
loss of income and other costs incurred as a result of the 206
violation. 207
SECTION 5. Section 49-7-141, Mississippi Code of 1972, is 208
amended as follows: 209
49-7-141. (1) Any person who has been convicted of a Class 210
I violation shall be fined not less than Two Thousand Dollars 211
($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and 212
shall be imprisoned in the county jail for five (5) days. The 213
person shall also forfeit all hunting, trapping and fishing 214
privileges for a period of not less than twelve (12) consecutive 215
months from the date of conviction. 216
(2) In addition to the penalty provided in subsection (1) of 217
this section, any person convicted of a violation of Section 218
49-7-51 or 49-7-53, Mississippi Code of 1972, may, in the 219
discretion of the court, be fined One Hundred Dollars ($100.00) 220
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for each game animal, game bird or game fish, or part thereof, 221
bought, sold, offered for sale, exchanged for merchandise or other 222
consideration, received for shipment, shipped, transported, 223
carried or possessed with the intent to ship, transport or carry. 224
(3) In addition to the penalty provided in subsection (1) of 225
this section, any person convicted of a violation of Section 226
49-11-22, involving the unlawful entry into a shooting preserve or 227
commercial wildlife enclosure, shall be civilly liable to the 228
operator of the shooting preserver or commercial wildlife 229
enclosure as prescribed by Section 49-7-101(7). 230
SECTION 6. Section 97-17-85, Mississippi Code of 1972, is 231
amended as follows: 232
97-17-85. Except as otherwise provided in Sections 233
73-13-103 * * *, 49-7-79 and 49-11-22, if any person shall go upon 234
the enclosed land of another without his consent, after having 235
been notified by such person or his agent not to do so, either 236
personally or by published or posted notice, or shall remain on 237
such land after a request by such person or his agent to depart, 238
he shall, upon conviction, be fined not more than Fifty Dollars 239
($50.00) for such offense. The provisions of this section shall 240
apply to land not enclosed where the stock law is in force. 241
SECTION 7. Section 97-17-87, Mississippi Code of 1972, is 242
brought forward as follows: 243
97-17-87. (1) Any person who shall be guilty of a willful 244
or malicious trespass upon the real or personal property of 245
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another, for which no other penalty is prescribed, shall, upon 246
conviction, be fined not exceeding Five Hundred Dollars ($500.00), 247
or imprisoned not longer than six (6) months in the county jail, 248
or both. 249
(2) (a) Any person who shall willfully trespass upon any 250
air operations area or sterile area of an airport serving the 251
general public shall be guilty of a misdemeanor and, upon 252
conviction, shall be fined not more than One Thousand Dollars 253
($1,000.00) or imprisoned in the county jail for up to one (1) 254
year, or both. 255
(b) For the purposes of this subsection (2), "air 256
operations area" means a portion of an airport designed and used 257
for landing, taking off, or surface maneuvering of airplanes; 258
"sterile area" means an area to which access is controlled by the 259
inspection of persons and property in accordance with an approved 260
security program. 261
SECTION 8. Section 69-29-1, Mississippi Code of 1972, is 262
brought forward as follows: 263
69-29-1. (1) (a) There is established the Mississippi 264
Agricultural and Livestock Theft Bureau. 265
(b) The Commissioner of Agriculture and Commerce shall 266
appoint a director of the Mississippi Agricultural and Livestock 267
Theft Bureau. Such director shall have at least five (5) years of 268
law enforcement experience. Such director shall be responsible 269
solely to the supervision of the Commissioner of Agriculture and 270
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Commerce and to no other person or entity. Such director may be 271
discharged only for just cause shown. 272
(c) The director may employ twelve (12) agricultural 273
and livestock theft investigators. Each investigator shall be 274
certified as a law enforcement officer, successfully completing at 275
least a nine-week training course, in accordance with Section 276
45-6-11. The curriculum for the training of constables shall not 277
be sufficient for meeting the certification requirements of this 278
paragraph. In the selection of investigators under this section, 279
preference shall be given to persons who have previous law 280
enforcement experience. 281
(d) The director appointed under this section, under 282
the direction, control and supervision of the commissioner, and 283
the investigators employed under this section shall perform only 284
the duties described in subsection (2) of this section and shall 285
not be assigned any other duties. 286
(2) The director appointed under this section and the 287
investigators employed under this section shall have the following 288
powers, duties and authority: 289
(a) To enforce all of the provisions of Sections 290
69-29-9 and 69-29-11, and particularly those portions requiring 291
persons transporting livestock to have a bill of sale in their 292
possession; to make investigations of violations of such sections 293
and to arrest persons violating same; 294
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(b) To enforce all of the laws of this state enacted 295
for the purpose of preventing the theft of livestock, poultry, 296
timber and agricultural, aquacultural and timber products and 297
implements; to make investigations of violations thereof and to 298
arrest persons violating same; 299
(c) To cooperate with all regularly constituted law 300
enforcement officers relative to the matters herein set forth; 301
(d) To serve warrants and other process emanating from 302
any court of lawful jurisdiction, including search warrants, in 303
all matters herein set forth; 304
(e) To carry proper credentials evidencing their 305
authority, which shall be exhibited to any person making demand 306
therefor; 307
(f) To make arrests without warrant in all matters 308
herein set forth in cases where same is authorized under the 309
constitutional and general laws of this state; 310
(g) To handle the registration of brands of cattle and 311
livestock; 312
(h) To investigate, prevent, apprehend and arrest those 313
persons anywhere in the state who are violating any of the laws 314
administered by the Department of Agriculture and Commerce, 315
including, but not limited to, all agriculture-related crimes; 316
(i) To access and examine records of any person, 317
business or entity that harvests, loads, carries, receives or 318
manufactures timber products as defined in this section. Each 319
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such person or entity shall permit the director or any 320
investigator of the Mississippi Agricultural and Livestock Theft 321
Bureau to examine records of the sale, transfer or purchase of 322
timber or timber products, including, but not limited to, 323
contracts, load tickets, settlement sheets, drivers' logs, 324
invoices, checks and any other records or documents related to an 325
ongoing investigation of the Mississippi Agricultural and 326
Livestock Theft Bureau; 327
(j) To conduct training for law enforcement regarding 328
laws enforced by the bureau and to assist any other law 329
enforcement agencies in responding to matters that may be related 330
to agriculture and commerce in the State of Mississippi and in 331
cases of natural disasters or other disasters to respond as needed 332
or as requested by other agencies; and 333
(k) To maintain a registry of reports of stolen 334
agriculture-related vehicles. 335
(3) The Commissioner of Agriculture and Commerce shall 336
furnish such investigators with such vehicles, equipment and 337
supplies as may be necessary. All expenses of same, and all other 338
expenses incurred in the administration of this section, shall be 339
paid from such appropriation as may be made by the Legislature. 340
(4) The Mississippi Department of Revenue and its agents and 341
employees shall cooperate with such investigators by furnishing to 342
them information as to any possible or suspected violations of any 343
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ST: Exotic animals; enhance penalties for
killing or capturing after unlawful entry into a
commercial wildlife enclosure.
of the laws mentioned herein, including specifically Section 344
69-29-27, and in any other lawful manner. 345
(5) The conservation officers of the Department of Wildlife, 346
Fisheries and Parks are authorized to cooperate with and assist 347
the agricultural and livestock theft investigators in the 348
enforcement and apprehension of violators of laws regarding 349
agricultural and livestock theft. 350
(6) The Mississippi Forestry Commission employees are 351
excluded from any timber and timber products theft investigative 352
responsibilities except when technical expertise is needed and 353
requested through the State Forester or his designee. 354
(7) For the purposes of this section, "timber product" means 355
timber of all kinds, species or sizes, including, but not limited 356
to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood 357
and pulpwood, pine stumpwood, pine knots or other distillate wood, 358
crossties, turpentine (crude gum), pine straw, firewood and all 359
other products derived from timber or trees that have a sale or 360
commercial value. 361
SECTION 9. This act shall take effect and be in force from 362
and after July 1, 2026, and shall stand repealed on June 30, 2026. 363