40 Miss. Code. R. 5-2.3

Current through December 10, 2024

Rule 40-5-2.3 - REGULATIONS REGARDING NON-GAME WILDLIFE IN NEED OF MANAGEMENT

A. Nongame Species In Need Of Management: Definitions.

1. Nongame species in need of management in Mississippi include:

a. Thirty-two (32) species of small mammals, one species of freshwater fish, and all native species of reptiles and amphibians except those regulated by other rules of the Commission on Wildlife, Fisheries and Parks.

b. Species not regulated by this rule include:

i. endangered reptiles and amphibians;

ii. reptiles and amphibians considered game species (Bullfrog, Pig Frog, Bronze Frog);

iii. American Alligator; and

iv. Commercially recognized genetic color mutants, such as albinos or other color variants, of nongame wildlife in need of management.

2. For the purposes of this rule, nongame species in need of management may be referred to as nongame reptiles, nongame turtles, nongame snakes, nongame lizards, nongame amphibians, nongame frogs, nongame salamanders, nongame mammals, nongame fish, or nongame wildlife.

B. The following species of nongame wildlife are deemed to be in need of management and are regulated by this rule:

NONGAME AMPHIBIANS

SALAMANDERS	Ambystoma cingulatum	FLATWOODS
Ambystoma maculatum	SPOTTED	Ambystoma opacum	MARBLED
Ambystoma talpoideum	MOLE	Ambystoma texanum	SMALLMOUTH
Ambystoma tigrinum tigrinum	EASTERN TIGER	Amphiuma means	TWO-TOED AMPHIUMA
Amphiuma tridactylum	THREE-TOED AMPHIUMA	Cryptobranchus alleganiensis	HELLBENDER
Desmognathus auriculatus	SOUTHERN DUSKY	Desmognathus conanti	SPOTTED DUSKY
Eurycea cirrigera	TWO-LINED	Eurycea longicauda	LONGTAIL
Eurycea guttolineata	THREE-LINED	Eurycea quadridigitata	DWARF
Hemidactylium scutatum	FOUR-TOED	Plethodon ventralis	SOUTHERN ZIGZAG
Plethodon mississippi	MISSISSIPPI SLIMY	Plethodon websteri	WEBSTER'S SALAMANDER
Pseudotriton montanus	MUD SALAMANDER	Pseudotriton ruber	RED SALAMANDER
Necturus beyeri	GULF COAST WATERDOG	Necturus louisianensis	RED RIVER WATERDOG
Necturus maculosus	MUDPUPPY	Notophthalmus viridescens	EASTERN NEWT
Siren intermedia	LESSER SIREN
TOADS	Bufo americanus	AMERICAN
Bufo quercicus	OAK	Bufo terrestris	SOUTHERN
Bufo nebulifer	GULF COAST	Bufo fowleri	FOWLER'S
FROGS
Acris crepitans	NORTHERN CRICKET	Acris gryllus	SOUTHERN CRICKET
Hyla avivoca	BIRD-VOICED TREE	Hyla chrysoscelis	COPE'S GRAY TREE
Hyla cinerea	GREEN TREE	Hyla femoralis	PINE WOODS TREE
Hyla gratiosa	BARKING TREE	Hyla squirella	SQUIRREL TREE
Hyla versicolor	GRAY TREE	Pseudacris brachyphona	MOUNTAIN CHORUS
Pseudacris crucifer	SPRING PEEPER	Pseudacris foquettei
Pseudacris nigrita	SOUTHERN CHORUS	Pseudacris ornata	ORNATE CHORUS
Pseudacris feriarum	SOUTHEASTERN CHORUS	Gastrophryne carolinensis	NARROWMOUTH FROG
Scaphiopus holbrookii	EASTERN SPADEFOOT	Rana areolata circulosa	NORTHERN CRAWFISH
Rana heckscheri	RIVER	Rana palustris	PICKEREL
Rana sphenocephala	SOUTHERN LEOPARD

NONGAME REPTILES

TURTLES	Macrochelys temminckii	ALLIGATOR SNAPPER
Chelydra serpentina	COMMON SNAPPER	Chrysemys dorsalis	SOUTHERN PAINTED
Deirochelys reticularia	CHICKEN	Graptemys geographica	COMMON MAP
Graptemys gibbonsi	PASCAGOULA MAP	Graptemys pearlensis	PEARL MAP
Graptemys pseudogeographica	MISSISSIPPI MAP	Graptemys pulchra	ALABAMA MAP
Graptemys ouachitensis	OUACHITA MAP	Malaclemys terrapin	DIAMONDBACK TERRAPIN
Pseudemys concinna	RIVER COOTER	Terrapene carolina	BOX
Trachemys scripta	RED EARED SLIDER	Kinosternon subrubrum	EASTERN MUD
Sternotherus carinatus	RAZORBACK MUSK	Sternotherus minor	STRIPENECK MUSK
Sternotherus odoratus	STINKPOT	Apalone mutica	SMOOTH SOFTSHELL
Apalone spinifera	SPINY SOFTSHELL
LIZARDS	Anolis carolinensis	GREEN ANOLE
Sceloporus undulatus	EASTERN FENCE	Ophisaurus attenuatus	SLENDER GLASS
Ophisaurus mimicus	MIMIC GLASS	Ophisaurus ventralis	EASTERN GLASS
Plestiodon laticeps	BROADHEAD SKINK	Plestiodon anthracinus	COAL SKINK
Plestiodon fasciatus	FIVE-LINED SKINK	Plestiodon inexpectatus	SOUTHEASTERN
Scincella lateralis	GROUND SKINK	Aspidoscelis sexlineatus	SIX-LINED RACERUNNER
SNAKES
Carphophis amoenus	WORM	Cemophora coccinea	SCARLET
Coluber constrictor priapus	SOUTHERN BLACK RACER	Coluber constrictor latrunculus	BLACKMASK RACER
Diadophis punctatus	RINGNECK	Pantherophis guttata guttata	CORN OR RED RAT
Pantherophis obsoleta spiloides	GRAY OR TEXAS RAT	Farancia abacura	MUD
Heterodon platirhinos	EASTERN HOGNOSE	Lampropeltis calligaster	PRAIRIE KING
Lampropeltis getula holbrooki	SPECKLED KING	Lampropeltis getula nigra	BLACK KING
Lampropeltis triangulum syspila	RED MILK	Lampropeltis t. elapsoides	SCARLET KING
Masticophis flagellum	COACHWHIP	Nerodia cyclopion	GREEN WATER
Nerodia erythrogaster	PLAINBELLY WATER	Nerodia fasciata	SOUTHERN WATER
Nerodia clarkii	GULF SALT MARSH	Nerodia rhombifer	DIAMONDBACK WATER
Nerodia sipedon	NORTHERN WATER	Opheodrys aestivus	ROUGH GREEN
Regina grahamii	GRAHAM'S CRAYFISH	Regina ridiga	GLOSSY CRAYFISH
Regina septemvittata	QUEEN SNAKE	Rhadinaea flavilata	PINE WOODS
Storeria dekayi	BROWN	Storeria occipitomaculata	REDBELLY
Tantilla coronata	SOUTHEAST CROWNED	Thamnophis proximus	WESTERN RIBBON
Thamnophis sauritus	EASTERN RIBBON	Thamnophis sirtalis	COMMON GARTER
Virginia striatula	ROUGH EARTH	Virginia valeriae	SMOOTH EARTH
Micrurus fulvius	EASTERN CORAL	Agkistrodon contortrix	COPP ERHEAD
Agkistrodon piscivorus	COTTON MOUTH	Crotalus adamanteus	EASTERN DIAMONDBACK
Crotalus horridus	CANEBRAKE RATTLER	Sistrurus miliarius	PYGMY RATTLER

NONGAME MAMMALS

SHREWS AND MOLES
Sorex longirostris	SOUTHEASTERN SHREW
Blarina carolinensis	SOUTHEASTERN SHORT-TAILED	MICE
SHREW	Reithrodontomys fulvescens	FULVOUS HARVEST
Cryptotis parvus	LEAST SHREW	Reithrodontomys humulis	EASTERN HARVEST
Scalopus aquaticus	EASTERN MOLE	Peromyscus gossypinus	COTTON
Peromyscusl eucopus	WHITE-FOOTED
BATS	Peromyscus maniculatus	DEER
Myotis austroriparius	SOUTHEASTERN MYOTIS	Peromyscus polionotus	OLDFIELD
Myotis lucifugus	LITTLE BROWN MYOTIS	Ochrotomys nuttalli	GOLDEN
Myotis septentrionalis	NORTHERN LONG-EARED	Microtus pinetorum	WOODLAND VOLE
Lasiurus borealis	EASTERN RED	Zapus hudsonius	MEADOW JUMPING
Lasiurus cinereus	HOARY
Lasiurus intermedius	NORTHERN YELLOW	RATS
Lasiurus seminolus	SEMINOLE	Oryzomys palustris	MARSH RICE
Lasionycteris noctivagans	SILVER-HAIRED	Sigmodon hispidus	HISPID COTTON
Perimyotis subflavus	TRI-COLORED	Neotoma floridana	EASTERN WOOD
Eptesicus fuscus	BIG BROWN
Nycticeius humeralis	EVENING
Corynorhinus rafinesquii	RAFINESQUE'S BIG-EAR
Tadarida brasiliensis	BRAZILIAN FREE-TAIL
SQUIRRELS
Tamias striatus	EASTERN CHIPMUNK
Marmota monax	WOODCHUCK
Glaucomys volans	SOUTHERN FLYING

NONGAME FISH

Pternotropis welaka

BLUENOSE SHINER

C. Possession of Nongame Species in Need of Management for Personal Use.

1. Nongame wildlife taken from the wild for personal use may not be bought, sold, offered for sale, bartered, exported for sale, nor exhibited except as otherwise provided by these regulations, other regulations of the Commission, by scientific collecting permits, or by other permits issued by the Mississippi Department of Wildlife, Fisheries, and Parks.

2. License requirements for possession of nongame species for personal use.

a. Mississippi Resident - Valid Resident Sportsman's License, All Game Hunting/Freshwater Fishing License, or Small Game Hunting/Freshwater Fishing License.

b. Nonresident - Valid Nonresident All Game Hunting License.

D. Limits for possession of nongame species for personal use.

1. Nongame Amphibians.

a. Possession limit of no more than twenty (20) individuals.

b. Take from the wild not to exceed 20 per license year.

c. Specimens in possession or taken from the wild not to exceed more than four (4) individuals of any species or subspecies.

2. Nongame Snakes and Nongame Lizards.

a. Possession limit of no more than twenty (20) individuals.

b. Take from the wild not to exceed twenty (20) per license year.

c. Specimens in possession or taken from the wild not to exceed more than four (4) individuals of any species or subspecies.

d. Containers or cages holding venomous snakes shall be prominently labeled with the words "DANGER" along with the common name of the species in a conspicuous place.

3. Nongame Turtles.

a. Alligator Snapping Turtles (also called Loggerhead Snapping Turtles).

i. Possession limit - No more than one (1) individual with a top shell length (carapace length) of 24 inches or greater.

ii. Take from the wild not to exceed more than one (1) individual per license year.

b. Common Snapping Turtles, Smooth Softshell Turtles, and Spiny Softshell Turtles.

i. Daily bag limit of no more than one (1) individual of any of the three species.

ii. Possession limit and take from the wild not to exceed four (4) individuals of any of the three species per license year.

c. All Other Nongame Turtles.

i. Possession limit of no more than ten (10) individuals.

ii. Take from the wild not to exceed ten (10) individuals per license year.

iii. Specimens in possession or taken from the wild not to exceed more than four (4) individuals of any species or subspecies.

E. Seasons. No specimens of any species of nongame turtle may be taken from the wild between April 1st and June 30th except by permit issued by the Mississippi Department of Wildlife, Fisheries, and Parks.

F. Nongame Mammals and Nongame Fish.

1. Possession limit of no more than 10 nongame mammals.

2. Take from the wild of nongame mammals not to exceed 10 per license year.

3. Specimens of mammals in possession or taken from the wild not to exceed two (2) of the same species.

4. Possession limit of no more than four (4) nongame fish.

5. Take from the wild of nongame fish not to exceed four (4) per license year.

G. Exceptions to License Requirements: Residents. A resident who does not hold a Valid Resident Sportsman's License, All Game Hunting/Freshwater Fishing License, or Small Game Hunting/Freshwater Fishing License may kill a nongame snake or a nongame mammal under the following conditions:

1. The venomous snake presents a reasonable danger to human life.

2. The venomous or a non-venomous snake is on lands in which the record title is vested in such persons, or on lands which contain the principal residence of such person.

3. The nongame mammals have entered into or taken up residence in buildings or destroyed or damaged yards, plants, domestic animals, or agricultural products.

4. Nongame mammals or snakes killed under such circumstances must be disposed of or left to decompose naturally and they or their parts may not enter commercial trade nor be retained in possession.

H. Exceptions to License Requirements: Nonresidents. A person who does not hold a Nonresident All Game Hunting License may kill a nongame snake, or a nongame mammal, under the following conditions:

1. If the venomous snake presents a reasonable danger to human life.

2. If the nongame mammal or nongame snake has entered into a building being rented or leased by the nonresident.

3. Nongame snakes or nongame mammals killed under such circumstances or their parts must be disposed of or left to decompose naturally and may not be retained in possession nor enter into commercial trade.

I. Possession of Nongame Wildlife In Need of Management for Commercial Purposes.

1. Captive Propagation for Commercial Purposes.

a. Nongame wildlife may be propagated in captivity for commercial purposes only under permit from the Department of Wildlife, Fisheries and Parks.

b. Commercial purposes include taking, possessing, transporting, exporting, selling, offering for sale, shipping, bartering, exhibiting, or in any way using nongame wildlife in need of management for monetary or financial gain.

2. Permits. A permit shall be required for Commercial Captive Propagation, subject to the following requirements and conditions:

a. The permit shall be valid for one year and shall be signed by the Executive Director of the Department of Wildlife, Fisheries, and Parks or his designee.

b. The propagator shall indicate the species or subspecies of nongame wildlife, by both scientific and common name, which will be propagated in captivity.

c. The propagator shall be a resident of Mississippi and the propagation facilities shall be located in Mississippi.

d. The propagator shall provide evidence of possessing the equipment and experience necessary for successful propagation of nongame wildlife in captivity.

e. The propagator shall provide evidence that the facilities in which captive propagation is to take place are adequate for the species and numbers for which a permit is required.

f. The propagator shall be at least sixteen (16) years of age.

g. The propagator shall hold a valid commercial fishing license.

h. Permits to establish and operate commercial captive propagation facilities for nongame wildlife are not transferable except when incident to sale or other transfer of ownership of the facility, where transferees of the facility have met criteria established by Department rules and the Department has approved the transfer.

3. Non-issuance and Revocation of Permits.

a. The Department may not issue a commercial captive propagation permit for nongame wildlife to any person who has been convicted of any violation of the regulations of the Department relating to nongame wildlife for five years following such conviction.

b. The Department shall revoke any existing commercial captive propagation permit for nongame wildlife upon the permittee's conviction of any violation of regulations of the Department relating to nongame wildlife, upon conviction of any Class I Fish or Wildlife violation, or upon conviction under any Federal conservation statute.

c. Upon revocation of a commercial captive propagation permit for nongame wildlife, the permittee shall have six (6) months to dispose of legally acquired nongame stock.

d. Nongame stock may not be disposed of to corporations or partnerships in which, by determination of the Department, the permittee is a principal.

e. Permittee must report disposition of nongame stock to the Department within 30 days of final disposition. This report shall specify nongame stock disposed of and recipients of this stock.

f. A captive propagation permit may not be renewed unless the person holding that permit has acquired breeding stock, has established a breeding facility, and is attempting to propagate nongame wildlife in captivity.

4. Special Rule Concerning the Captive Propagation of Alligator Snapping Turtles, Malaclemys temminckii.

a. Any alligator snapping turtles encountered at a commercial catfish pond or processing plant must be immediately reported to the Mississippi Department of Wildlife, Fisheries, and Parks Radio Room. The permittee must then make arrangements with agents of the MDWFP to surrender the turtle(s) to MDWFP Conservation Officers for release into the wild.

b. Alligator snapping turtle breeding stock in the possession of a permittee may not be supplemented by importation of alligator snapping turtles from other facilities in Mississippi or from other states, but only by raising hatchling alligator snapping turtles produced at the propagator's facility to adulthood.

c. The permittee may not collect any alligator snapping turtle from the wild for personal use.

d. The only life stage of alligator snapping turtles that may be transported from the propagation facility are hatchlings and these may be transported by the permittee or his agents but then only as part of the process undertaken to export the hatchlings.

J. General Provisions Concerning the Operation of a Commercial Captive Propagation Facility for Nongame Wildlife.

1. The premises of the commercial captive propagation facility shall be subject to inspection by Department personnel at all times.

2. Complete written records of all changes in nongame wildlife breeding stock shall be kept and made available for examination by Department personnel.

3. Shipping tickets, invoices, or bills of lading shall be maintained for five years from the date of transaction to show source of supply or disposition of nongame wildlife.

4. Each commercial propagator shall provide a summary report to the Department upon requesting renewal of a commercial captive propagation permit. Data to be included in the report shall pertain to both breeding stock and specimens raised for resale. This report shall indicate the numbers, by species and subspecies, of all nongame wildlife that were bought or sold during the permit year, the name of the seller or purchaser, and the complete address and telephone number of the seller or purchaser.

5. The permittee shall provide security of the facility premises necessary to ensure that nongame wildlife, their eggs, or parts thereof, cannot be moved in or out of the facility premises without the permittee's knowledge.

6. No provision of this rule shall authorize any person to keep in captivity any nongame wildlife in violation of any city or county ordinance.

7. Containers or cages holding venomous snakes shall be prominently labeled with the words "DANGER" along with the common name of the species in a conspicuous place.

8. Propagation facilities shall be inspected annually, at the permittee's expense, by a wildlife biologist of the permittee's choice. The annual inspection shall include, but not be limited to, the following:

a. The premises of the captive propagation facility to verify the existence of and to locate on a scale map of the facility the following:

b. The ponds, buildings, pens, cages, or other mechanisms and structures designed to hold captive breeding stock.

c. The ponds, buildings, pens, cages, or other mechanisms and structures designed to hold offspring of captive breeding stock prior to their sale.

d. Security features of the propagation facility, that prevent the movement of captive wildlife into or out of the facility.

e. Verification that the wildlife species listed on the captive propagation e present at the facility, and if it can be accomplished in less than thirty minutes, whether breeding stock of these species are present in the numbers claimed on the captive propagation application form. This should not be construed to mean that a census of captive wildlife is to be made.

f. An examination of records of acquisitions of breeding stock made in the previous twelve months. This should include records of both specimens acquired from outside of the State of Mississippi and of specimens acquired by permit within the State of Mississippi. These records should indicate the number and species that were acquired and include appropriate documentation that the specimens were legally obtained, including permits, bills of sale, and similar documentation.

g. The wildlife biologist shall prepare, at the permittee's expense, a report detailing the results of the inspection. The report may include photographs, line drawings, maps, tables, photocopies of documents, and/or charts, and shall include information on the physical structures of the captive propagation facility, the captive wildlife present, and data on any new breeding stock added to the facility in the previous twelve (12) months. This report must be submitted to the Department of Wildlife, Fisheries, and Parks and deemed acceptable by that agency before a captive propagation permit can be renewed.

K. Acquisition of Breeding Stock for a Commercial Captive Propagation Facility.

1. Any person who holds a valid commercial captive propagation permit may possess, for breeding purposes only:

a. Up to eight (8) individuals of any species or subspecies of nongame reptile taken from the wild in Mississippi.

b. Up to sixteen (16) individuals of any species of nongame amphibian taken from the wild in Mississippi.

c. Up to four (4) individuals of any species of nongame mammals.

d. Up to eight (8) specimens of nongame fish.

2. Additional specimens of nongame wildlife may be possessed, for breeding purposes only, if and only if those specimens

a. Originated outside of Mississippi.

b. Were reared in captivity by a person holding a valid Mississippi commercial captive propagation permit.

c. As permitted by other sections of this rule.

d. By permit.

e. Documentary evidence of the place of origin of the additional specimens and that they were legally obtained must be maintained by the captive propagator.

3. If specimens of nongame wildlife are acquired from outside of Mississippi by a person holding a valid commercial captive propagation permit and transported to that person's facility within Mississippi by someone other than the propagation permit holder, the holder of the captive propagation permit must notify the Regional Office of the Department of Wildlife, Fisheries, and Parks of the district in which his facility is located, and provide in writing the following information:

a. The name, address, telephone number, and permit number of the commercial captive propagation permit holder who will be receiving the shipment on nongame wildlife.

b. The species of nongame wildlife and number of each that will be shipped.

c. The name, address, and telephone number of the shipper of the nongame wildlife, and the date and approximate time that the shipment is expected to enter Mississippi.

d. The type, make, model, and license plate number of the vehicle which will be used to transport the nongame wildlife.

e. The name and driver's license number of the person driving the transport vehicle, if different from that of the shipper.

f. The person driving the transport vehicle must have a bill of lading which includes the information required in subsections a, b, and c, above.

4. Nongame wildlife which are used for breeding purposes by a captive propagator may be replaced upon death by individuals of the same species or subspecies from wild Mississippi populations only if a permit is obtained from the Department of Wildlife, Fisheries, and Parks.

L. Selling Captive Propagated Nongame Wildlife or Their Parts.

1. Nongame wildlife and their parts may enter into commercial trade in accordance with the provisions of this rule subject to the following:

a. Nongame wildlife or their parts may be bought, possessed, transported, exported, sold, offered for sale, shipped, bartered, or exhibited for commercial purposes only if they were born or hatched in captivity in the facilities of a person holding a valid commercial captive propagation permit.

b. Nongame wildlife or their parts taken from wild Mississippi populations may not be bought, possessed, transported, exported, sold, offered for sale, shipped, bartered, or exhibited for commercial purposes.

c. A captive propagator shall provide to the purchaser at the time of purchase an invoice or bill of sale preprinted with the name and address of the propagator, and with the following: "Mississippi Commercial Captive Propagation Permit No.____".

d. The invoice or bill of sale shall list the name and address of the purchaser, the date of the purchase, and the number by species or subspecies using both scientific and common names, of the nongame wildlife or their parts that are being purchased.

e. The purchaser shall retain the invoice or bill of sale for as long as the nongame wildlife or parts remain in his possession.

2. The purchaser of nongame wildlife or their parts may resell these items with the following restrictions:

a. No person shall sell nongame wildlife or their parts without maintaining documentary evidence showing the name and address of the supplier of such wildlife or parts.

b. No person shall sell nongame wildlife or their parts unless said nongame wildlife or their parts were originally legally obtained from a Mississippi commercial captive propagation facility.

3. All nongame wildlife or their parts and the documentary evidence of their source of acquisition shall be available for inspection upon request by Department personnel.

4. Living specimens of nongame wildlife displayed or advertised for resale shall be clearly marked as captive-propagated specimens.

5. Any person who buys nongame wildlife or its parts from a captive propagator for the purpose of reselling the nongame wildlife or its parts at the retail level, and whose wildlife-related business is conducted primarily at the retail level, shall be termed a Wildlife Retailer. Any person who buys nongame wildlife or its parts from a captive propagator for the purposes of reselling the nongame wildlife or its parts at the wholesale level, and whose wildlife-related business is conducted primarily at the wholesale level, shall be termed a Wildlife Wholesaler.

6. Resident Wildlife Wholesalers shall be required to purchase a Resident Fur Buyers license or to possess a nongame importation permit.

7. Nonresident Wildlife Wholesalers and nonresident Wildlife Retailers who solicit business through the mails, by advertising, or who travel to buy nongame wildlife or its parts within the State of Mississippi shall be required to purchase a Nonresident Fur Buyers License.

M. Importation of nongame wildlife originating from outside of Mississippi for commercial purposes.

1. Nongame wildlife may be imported and exported for commercial purposes only under permit from the Department of Wildlife, Fisheries, and Parks. This permit, valid for one year from date of issuance and signed by the Executive Director or his designee, is subject to the following conditions and restrictions:

a. All nongame wildlife imported or exported under an importer's permit must have originated outside of Mississippi or have been purchased from a person holding a nongame wildlife captive propagation permit.

b. The importer shall maintain documentary evidence of the origin of his stock through receipts, bills of lading, invoices, or valid collecting permits from the state in which the wildlife originated.

c. Each importer shall keep complete records of all nongame wildlife in his possession for the year in which the permit is valid, including records showing the point of origin of imported nongame wildlife, from whom they were acquired, to whom they were sold, how many of each species were sold.

d. Each importer shall provide a summary report to the Department upon requesting a renewal of an importer's permit, and the report shall show the following:

i. Numbers of each species of nongame wildlife imported under the permit.

ii. Number dying while in the permittee's possession.

iii. Number of each species exported.

iv. A profit/loss statement for the importation facility covering the previous twelve (12) months.

e. The premises of the importer's facility and his records relating to the importation and exportation of nongame wildlife shall be subject to inspection by Department personnel at all times.

f. An application for an importer's permit shall be made on forms provided by the Department of Wildlife, Fisheries and Parks.

g. The cost of the permit shall be $500.

h. An importer of nongame wildlife shall display prominently in his place of business a sign with the following: "NONGAME IMPORTER PERMIT NO. _______ . WE DO NOT BUY OR SELL ANIMALS COLLECTED IN MISSISSIPPI."

2. The Department shall revoke any existing importer's permit for nongame wildlife upon the permittee's conviction of any violation of regulations of the Department relating to nongame wildlife, upon conviction of any Class I Fish or Wildlife violation, or upon conviction under any Federal conservation statute.

a. Upon revocation of an importer's permit for nongame wildlife, the permittee shall have six months to dispose of legally acquired nongame stock.

b. Nongame stock may not be disposed of to corporations or partnerships in which, by determination of the Department, the permittee is a principal.

c. Permittee must report disposition of nongame stock to the Department within 30 days of final disposition.

d. This report shall specify nongame stock disposed of and recipients of this stock.

3. The permittee shall provide security of the facility premises necessary to ensure that nongame wildlife, their eggs, or parts thereof, cannot be moved in or out of the facility premises without the permittee's knowledge. The permittee shall not release and shall take suitable measures to prevent the escape of nongame wildlife in his possession.

4. The permittee shall maintain and treat all nongame wildlife in possession in a humane manner. Adequate and appropriate food, water, and shelter from the elements shall be provided, and holding cages will be maintained in a sanitary condition. Diseased or dead nongame wildlife shall be disposed of in such a manner so as to prevent the transmission of bacteria or other pathogens to native nongame wildlife.

5. Importation facilities shall be inspected annually, at the permittee's expense, by a wildlife biologist of the permittee's choice. The annual inspection shall include, but not be limited to the premises of the importation facility to verify the existence of and to locate on a scale map of the facility the following:

a. The ponds, buildings, pens, cages, or other mechanisms and structures designed to hold imported wildlife.

b. Security features of the importation facility that prevent the movement of captive wildlife into or out of the facility.

c. Verification that the wildlife species held in captivity are treated in a humane manner, that they have adequate and appropriate food, water, and shelter from the elements, and that holding cages or other holding facilities are maintained in a sanitary condition.

d. Disposal procedures for imported wildlife that die while in possession of the importation facility.

6. The certified wildlife biologist shall prepare, at the permittee's expense, a report detailing the results of the inspection.

7. The report may include photographs, line drawings, maps, tables, photocopies of documents, and/or charts, and shall include information on the physical structures of the importation facility and the condition of the captive wildlife present.

8. This report must be submitted to the Department of Wildlife, Fisheries, and Parks and deemed acceptable by that agency before an importation permit can be renewed.

N. Penalties for Violations. Penalties for violation of any section of these regulations shall be as provided in Miss. Code Ann. § 49-5-115.

40 Miss. Code. R. 5-2.3

Miss. Code Ann. §§ 49-1-29, 49-4-4, 49-1-41, and 49-5-107.

Revised August 2016.

Amended 11/2/2016