40 Miss. Code. R. 2-8.5 - DECOMMISSION OF ENCLOSURES CONTAINING WHITE-TAILED DEER
A.
Enclosures and/or permitted facilities preventing the free ingress and egress
of wild animals, may, by fully complying with the terms, conditions, and
provisions of this rule, cease operations as a wildlife enclosure, without
being in violation of 40 Miss. Admin. Code, Part 2, Rule
8.2.D.6.
B. Before an enclosure may be decommissioned,
the enclosure owner must submit a decommission application to the MDWFP. After
receipt of the application, the enclosure owner will be contacted by an
employee of the MDWFP, designated by the Executive Director, to begin the
process. Every application for decommissioning shall be evaluated on a
case-by-case basis.
C. Biologists
from the Wildlife Bureau of the MDWFP will inspect the facility and evaluate
the risks of ceasing operations based upon an established set of criteria for
releasing captive animals into the wild. Such criteria have been developed by
and in consultation with the State Veterinarian and other professionals to
assess the risk of introducing disease into the wildlife population and/or
domestic livestock.
1. Criteria for "low
risk" and "high risk" facilities may only be altered based upon clear and
convincing evidence of significant changes in technology, biological testing,
or other objective methods for identifying risk factors such as disease. Copies
of applicable criteria may be provided upon request.
2. Other factors affecting risk evaluation
may include, but are not limited to: evidence of movement of deer between
facilities, reasonable belief of importation of deer from outside the state, or
other instances of noncompliance with established rules for the operations of
wildlife enclosures.
3. Presence of
breeding facilities - at the time of the request or at any time during the
existence of the facility - and/or other species (exotics) will qualify a
facility as "high risk."
D. The MDWFP, in consultation with the State
Veterinarian, shall develop a Decommissioning Plan for the requesting facility.
Plan methods have been developed by and in consultation with the State
Veterinarian and other professionals to address the risk of introducing disease
into the wildlife population and/or domestic livestock. Copies of applicable
methods may be provided upon request.
E. Upon receipt of the Decommissioning Plan,
the facility may begin decommissioning operations with the guidance of
technical staff from the MDWFP. Issuance of a Decommissioning Plan shall be
made contingent upon the understanding that the facility is consenting to
periodic inspection and review of decommissioning operations by the MDWFP, the
State Veterinarian, or any of their designees. All animal disease
sampling/testing shall be subject to the oversight of the MDWFP and the State
Veterinarian.
F. All costs
associated with the decommissioning process shall be borne by the facility
owner.
G. Methods for
decommissioning high-fenced enclosures containing white-tailed deer may include
depopulation, genetic testing, and lethal disease testing.
H. If enclosures contain exotic, non-native
animals, as defined in Miss. Code Ann. §
75-33-3,
the enclosures must be depopulated of those exotic animals, and the
depopulation must be verified by the MDWFP, prior to decommissioning, or the
fence must remain intact. Miss. Code Ann. §
49-7-80
prohibits the release of exotics into the wild. Depopulation of exotic,
non-native animals may include legal trade as regulated by the Mississippi
Board of Animal Health, or euthanasia.
I. Any enclosure that has fully complied with
its Decommissioning Plan, as certified by the MDWFP and the State Veterinarian,
may have the gates completely removed, all or part of the fence completely
removed, or the fence lowered to a height of four (4) feet or less for a
minimum of twenty-five (25) percent of the linear footage of the fence, so as
to allow the ingress and egress of wild animals.
J. If an enclosure requesting to be
decommissioned contains feral hogs, and the facility has prevented, and
continues to prevent, the free ingress and/or egress of those feral hogs, the
facility must be depopulated of the entire feral hog population, or the fence
must remain intact, at a minimum height of four (4) feet, to prevent the
movement of feral hogs onto adjacent properties.
K. Failure to substantially comply with the
Decommissioning Plan may result in denial of decommissioning and/or citations
for violations of Commission regulations as provided in Miss. Code Ann. §
49-7-101.
Notes
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