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Mississippi

West's Annotated Mississippi Code. Title 49. Conservation and Ecology. Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals.

Statute Details
Printable Version
Citation: MS ST 49-8-1 to 49-8-19

Citation: Miss. Code Ann. 49-8-1 to 49-8-19


Last Checked by Web Center Staff: 01/2013

Summary:   This Mississippi chapter states that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. Several species are listed under this section as inherently dangerous to humans, including non-human primates, wolves, bears, hyenas, big cats, and hippopotamus, among others. It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit. Those persons who were in possession of such animals on or before May 1, 1997 were able to continue possession provided that they complied with the permit process. Prior to the issuance of a permit, the applicant must have provided proof of liability insurance in the amount of $100,000.00 for each wild animal up to a maximum of $1,000,000.00.


Statute in Full:

 

§ 49-8-1. Legislative intent and findings

§ 49-8-3. Definitions

§ 49-8-5. Classification of inherently dangerous animals

§ 49-8-7. Prohibited possession

§ 49-8-9. Commission powers

§ 49-8-11. Department powers

§ 49-8-13. Inspections; escape

§ 49-8-15. Penalties

§ 49-8-17. Local regulations

§ 49-8-19. Applicability of chapter

 

 

§ 49-8-1. Legislative intent and findings

The Legislature finds and declares that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. In addition, the Legislature finds that these wild animals may pose a threat of introducing disease that is harmful to humans and Mississippi's wildlife. The Legislature further finds and declares that wildlife inherently dangerous to humans may be possessed only as provided in §§ 49-8-1 et seq. The importation, sale, transfer and possession of these wild animals are privileges that are not to be granted unless it can be clearly demonstrated that the privileges can be exercised in a manner that does not pose unnecessary risk to the citizens of this state and indigenous wildlife.

CREDIT(S)

Laws 1997, Ch. 571, § 1, eff. from and after passage (approved April 23, 1997).

 

§ 49-8-3. Definitions

For purposes of Section 49-8-1 et seq.:

(a) “Commission” means the Commission on Wildlife, Fisheries and Parks.

(b) “Department” means the Department of Wildlife, Fisheries and Parks.

(c) “Wild animal” means any wild animal classified as inherently dangerous to humans as provided in § 49-8-5.

CREDIT(S)

Laws 1997, Ch. 571, § 2, eff. from and after passage (approved April 23, 1997).

 


§ 49-8-5. Classification of inherently dangerous animals

The following wild animals are classed as animals inherently dangerous to humans:

(a) Order Primates:

(i) Family Pongidae (gibbons, orangutan, chimpanzees, siamangs and gorillas) -- all species;

(ii) Family Cercopithecidae:

A. Genus Macaca (macaques) -- all species;

B. Genus Papio (mandrills, drills and baboons) -- all species;

C. Theropithecus Gelada (Gelada baboon);

(b) Order Carnivora:

(i) Family Canidae:

A. Genus Canis (wolves, jackals and dingos; all species, including crosses between wolves and domestic animals);

B. Chrysocyon brachyurus (maned wolf);

C. Cuon alpinus (red dog);

D. Lycaon pictus (African hunting dog);

(ii) Family Ursidae (bears) -- all species;

(iii) Family Mustelidae -- Gulo gulo (wolverine);

(iv) Family Hyaenidae (hyenas) -- all species;

(v) Family Felidae:

A. Genus Leo or Panthera or Neofelis (lions, tigers, jaguars and leopards) -- all species;

B. Unica unica (snow leopard);

C. Acinonyx jubatus (cheetah);

D. Felis concolor (cougar) -- all subspecies;

(c) Order Proboscidae: Family Elephantidae (elephants) -- all species;

(d) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) -- all species;

(e) Order Artiodactyla:

(ii) Family Hippopotamidae -- Hippopotamus amphibius (hippopotamus);

(ii) Family Bovidae: Syncerus caffer (African buffalo).

CREDIT(S)

Laws 1997, Ch. 571, § 3, eff. from and after passage (approved April 23, 1997).

 

§ 49-8-7. Prohibited possession

(1)(a) It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit under paragraph (b) or is exempted under paragraph (c).

(b)(i) Any person who possesses a wild animal on May 1, 1997, may receive a fee-exempt temporary permit for that animal if the person applies by July 1, 1997. The temporary permit shall be valid until such time as the department notifies the person of the adoption of the regulations for wild animals and of the date the person must apply for an annual permit. After notification, the person shall apply for an annual permit.

(ii) A person must obtain a permit before that person takes possession of a wild animal. The applicant must comply with all the requirements of this chapter and the regulations promulgated by the commission to obtain the permit. Prior to the issuance of a permit, the applicant must provide proof of liability insurance in the amount of One Hundred Thousand Dollars ($100,000.00) for each wild animal up to a maximum of One Million Dollars ($1,000,000.00). An applicant shall have the burden of proving that any wild animals subject to this chapter are or will be imported, transferred, sold, purchased or possessed in compliance with this chapter and regulations.

(c) Public zoos, university research facilities, governmental agencies, transient circuses and rehabilitation and sanctuary facilities may be exempted from having a permit if the exemption is approved by the commission.

(d) Any permit issued under this chapter shall be valid for one (1) year and only for the species specified. A permit is required for each wild animal possessed. A permit for a female wild animal shall cover her progeny only while her progeny are physically dependant upon her or until her progeny are three (3) months old, whichever period is longer.

(2)(a) It is unlawful for any person to sell, transfer, deliver or give a wild animal classified as inherently dangerous to any other person unless the other person holds a permit for the wild animal or is exempt from holding a permit.

(b) Owners of unpermitted wild animals who do not qualify for a permit to possess the wild animal shall dispose of the wild animal according to law or regulation within thirty (30) days of notification by the department. Each day of possession of the unpermitted wild animal after the thirty-day period constitutes a separate violation.

CREDIT(S)

Laws 1997, Ch. 571, § 4, eff. from and after passage (approved April 23, 1997).

 

§ 49-8-9. Commission powers

(1) The commission shall have the following powers and duties:

(a) To prescribe the forms and types of permits;

(b) To establish fees for each type of permit but no permit fee shall exceed Three Hundred Dollars ($300.00);

(c) To establish qualifications for applicants and require the applicant to furnish any information it deems necessary;

(d) To exercise all powers necessary to implement a wild animal program.

(2) The commission shall specify by regulation the requirements for cages, facilities, handling, sanitation, veterinary care, food and water necessary for the welfare of the wild animals and to ensure the safety of the public.

CREDIT(S)

Laws 1997, Ch. 571, § 5, eff. from and after passage (approved April 23, 1997).

 


§ 49-8-11. Department powers

The department shall have the following powers and duties:

(a) To issue or deny permits required by law or regulation;

(b) To inspect and determine if the facilities, conditions and standards prescribed by law and regulation are sufficient for the safety of the public;

(c) To place conditions on a permit to ensure compliance; and

(d) To seize any wild animal possessed in violation of this chapter or regulations.

CREDIT(S)

Laws 1997, Ch. 571, § 6, eff. from and after passage (approved April 23, 1997).

 


§ 49-8-13. Inspections; escape

(1) Any person possessing wild animals shall allow, at reasonable times and without a search warrant, the department to inspect all wild animals, facilities and records relating to the wild animals to ensure compliance.

(2) A permittee shall immediately notify the department and the local law enforcement agency of any escape of a wild animal.

CREDIT(S)

Laws 1997, Ch. 571, § 7, eff. from and after passage (approved April 23, 1997).

 


§ 49-8-15. Penalties

A violation of this chapter is a Class I violation and is punishable as provided in Section 49-7-141, Mississippi Code of 1972.

CREDIT(S)

Laws 1997, Ch. 571, § 8, eff. from and after passage (approved April 23, 1997).

 


§ 49-8-17. Local regulations

Counties and municipalities may enact ordinances regulating or prohibiting the possession of wild animals if the ordinances are more stringent than this chapter or the regulations promulgated by the commission.

CREDIT(S)

Laws 1997, Ch. 571, § 9, eff. from and after passage (approved April 23, 1997).

 

§ 49-8-19. Applicability of chapter

This chapter shall not apply to livestock regulated by the Mississippi Department of Agriculture and Commerce.

CREDIT(S)

Laws 1997, Ch. 571, § 10, eff. from and after passage (approved April 23, 1997).

 



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