40 Miss. Code. R. 2-2.4 - SUPPLEMENTAL FEEDING OF WILD ANIMALS OUTSIDE OF WILDLIFE ENCLOSURES

A. To properly manage wildlife in Mississippi, MDWFP Biologists recommend a complete wildlife management program which includes:

1. Habitat management practices to improve overall habitat conditions;

2. Supplemental plantings that provide year-round forage;

3. Education of hunters and land managers;

4. Deer herd management to balance sex ratio, age structure, and population numbers within available habitat; and

5. Not allowing feeding to replace a complete wildlife management program.

B. It shall be unlawful to feed any wild animals except as provided in this rule.

C. Supplemental Feeding of Wild Animals: It shall be lawful to feed wild animals, on private lands, subject to the following restrictions:

1. Feed may only be provided from above ground covered feeders or stationary spin cast feeders.

2. Any type of feed or food product may be used in feeders:

3. Feeders may be placed no closer than 100 yards from the outermost boundary of an area of sole ownership or exclusive hunting rights.

4. Feed may not be poured, piled, or placed directly on the ground.

5. Salt/mineral stations, blocks, and/or licks may be established. These stations, blocks, and/or licks may not contain any corn or grain products.

6. For bobwhite quail management, from May 2-September 1, milo, grain sorghum, and/or wheat may be evenly broadcast at a rate not to exceed 50 pounds per acre.

7. Feeding of migratory birds is regulated pursuant to Federal regulations set forth at 50 CFR 20.11 and 20.21(i).

D. Applicability to Wild Turkey.

1. Miss. Code Ann. § 49-7-33 makes it unlawful to, " to hunt, trap or kill any wild bird or wild animal of any kind with the aid of bait- ." The statutes authorizing the taking of white-tailed deer with the aid of supplemental feed DO NOT authorize the same for wild turkey.

2. Miss. Code Ann. § 49-7-101(4) provides that, "Any person killing any turkey out of season, and any person baiting turkeys is guilty of a Class II violation and shall be punished as provided in Section 49-7-143." [$100 - $500 fine, plus jail time]. [emphasis added]. See also, 40 MISS. ADMIN. CODE, Part 2, Rule 3.3. for more information.

E. This Regulation Does Not Apply To:

1. Food plots, standing crops, grain crops properly shucked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting.

2. Lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes. Manipulation of crops or other feed for wildlife management purposes does not include the adding, distributing, or scattering of grain or other feed (i.e., sweet potatoes, turnips, etc.) once it has been removed from or stored on the field where grown.

3. Licensed trappers trapping furbearers or nuisance animals with the aid of lure as provided by Miss. Code Ann. § 49-7-33 and 40 Admin Code Part 2, Chapter 7, Rule 7.1 (Nuisance Animal Regulations).

4. Persons lawfully permitted to hunt or trap game animals, furbearers, nuisance animals, or game birds by an Animal Control Permit set forth in Miss. Code Ann. § 49-1-39 as issued by the MDWFP.

5. "Backyard" bird/squirrel feeders, placed within the curtilage of the home, are exempt from the provisions of this rule.

6. Feeders within wildlife enclosures.

F. SPECIAL USE PERMIT: 21-day Wildlife Survey Permit:

1. A permit is available to photographers and for camera surveys at no cost. The permit shall be for a specific property for a period of not more than 21 consecutive days. To obtain a permit contact the district office where the property is located and provide the person's name, property location, number of camera stations, start and end date.

2. Any feed or any feeding method may be used during the permitted period.

3. This permit is only valid outside the deer and turkey hunting seasons.

4. All feed must be completely removed 10 days prior to hunting.

5. Feeding of migratory birds is regulated pursuant to Federal regulations set forth at 50 CFR 20.11 and 20.21(i).

6. A violation of this rule shall be a violation of Miss. Code Ann. § 49-4-41, which is a Class II violation, and punishable as provided in Miss. Code Ann. § 49-7-143.

G. NOTHING SET FORTH IN THIS RULE, SHALL BE CONSTRUED AS AUTHORIZING OR ALLOWING THE TAKING OF DEER OR ANY OTHER GAME ANIMAL OR BIRD, WITH THE AID OF BAIT.

H. Chronic Wasting Disease Management Zone

1. Supplemental feeding of white-tailed deer outside of enclosures is prohibited within any MDWFP-defined CWD Management Zone.

I. A violation of this rule shall be a violation of Miss. Code Ann. § 49-4-41, which is a Class II violation, and punishable as provided in Miss. Code Ann. § 49-7-143.

Notes

40 Miss. Code. R. 2-2.4

Miss. Code Ann. §§ 49-1-29, 49-4-4, 49-7-33, 49-7-33.1, 49-7-101, and 49-7-143.

Revised July 2014 Revised August 2015; Amended 10/22/2015 Revised July 2018 Amended 9/21/2018 Revised September 2018 Amended 11/25/2018 Amended 3/24/2019