Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
Call 1-800-392-1111 to report poaching and arson
The Missouri Department of Conservation follows the Secretary of State’s established process for making changes to the Code of State Regulations. This process calls for state agencies to conduct a 30-day public comment period for each proposed rule, amendment, or rescission and to consider those comments prior to filing a final order of rulemaking.
Only those comments received during the formal public comment period will be reported to the Secretary of State.
The commission is proposing to remove the peregrine falcon from the State endangered-species list.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Chapter 4 – Wildlife Code: General Provisions
Proposed Amendment
3 CSR 10-4.111 Endangered Species. The commission proposes to amend subsection (3)(B) of this rule.
PURPOSE: The commission is proposing to remove the peregrine falcon from the State endangered-species list.
(3) For the purpose of this rule, endangered species of wildlife and plants shall include the following native species designated as endangered in Missouri:
(A) Mammals: gray bat, Ozark big-eared bat, Indiana bat, northern long-eared bat, black-tailed jackrabbit, spotted skunk.
(B) Birds: northern harrier, interior least tern, Swainson’s warbler, snowy egret, king rail, Bachman’s sparrow,[ peregrine falcon,] American bittern, greater prairie-chicken.
(C) Reptiles: western chicken turtle, Blanding’s turtle, Illinois mud turtle, yellow mud turtle, Mississippi green water snake, massasauga rattlesnake.
(D) Amphibians: eastern hellbender, Ozark hellbender.
(E) Fishes: lake sturgeon, pallid sturgeon, taillight shiner, Neosho madtom, spring cavefish, harlequin darter, goldstripe darter, cypress minnow, central mudminnow, crystal darter, swamp darter, Ozark cavefish, Niangua darter, Sabine shiner, mountain madtom, redfin darter, longnose darter, flathead chub, Topeka shiner, grotto sculpin.
(F) Mussels: Curtis pearlymussel, Higgins’ eye, pink mucket, fat pocketbook, ebonyshell, elephant ear, winged mapleleaf, sheepnose, snuffbox, scaleshell, spectaclecase, Neosho mucket, rabbitsfoot, salamander mussel, slippershell mussel.
(G) Crayfish: Caney Mountain Cave crayfish, coldwater crayfish, Spring River crayfish.
(H) Other Invertebrates: American burying beetle, Hine’s emerald dragonfly, Tumbling Creek cavesnail.
(I) Plants: small whorled pogonia, Mead’s milkweed, decurrent false aster, Missouri bladderpod, geocarpon, running buffalo clover, pondberry, eastern prairie fringed orchid, western prairie fringed orchid, Virginia sneezeweed.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2016.* Original rule filed Aug. 15, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment allows heads from deer harvested in the CWD Management Zone to be delivered to any department disease surveillance sampling station or department-approved disease surveillance sampling station within 48 hours of exit from the county of harvest except during opening weekend of the November portion of firearms deer season when heads must be taken to a designated disease surveillance sampling station as required by 3 CSR 10-4.200(3).
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(2) Any cervid taken from the wild in Chronic Wasting Disease Management Zone counties (see 3 CSR 10-4.200(1)) shall be reported through the Telecheck Harvest Reporting System as required by 3 CSR 10-7.431 prior to transporting the carcass (or parts thereof) outside the county of harvest. Carcasses (or parts thereof) from all cervids taken in Chronic Wasting Disease Management Zone counties that are transported outside the county of harvest shall be delivered to a licensed meat processor or taxidermist within forty-eight (48) hours of exit from the county of harvest, except -
(A) Meat that is cut and wrapped;
(B) Meat that has been boned out;
(C) Quarters or other portions of meat with no part of the spinal column or head attached;
(D) Hides from which all excess tissue has been removed;
(E) Antlers;
(F) Antlers attached to skull plates or skulls cleaned of all muscle and brain tissue;
(G) Upper canine teeth;
(H) Finished taxidermy products; and
(I) Heads may be delivered to any department disease surveillance sampling station or department-approved disease surveillance sampling station within forty-eight (48) hours of exit from the county of harvest except as required by 3 CSR 10-4.200(3).
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 14, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp and their use as live bait.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Daily Limit: The daily limit for fish, other than those species listed as endangered in 3 CSR 10-4.111, alligator gar, or defined as game fish, is fifty (50) in the aggregate, if taken by pole and line, trotline, throwline, limb line, bank line, or jug line. The daily limit if taken by gig, atlatl, bow, crossbow, grabbing, snaring, snagging, or underwater spearfishing is twenty (20), in the aggregate. Invasive fish, common carp, grass carp, and goldfish may be taken and possessed in any number. Invasive fish may not be transported from waters of the state where taken unconfined or in water.
(A) In the Current River from Cedar Grove downstream to the Arkansas line, the daily limit may include no more than five (5) hogsuckers.
(B) In the Mississippi River, the daily and possession limit for fish included in this rule, except invasive fish, common carp, grass carp, and goldfish is one hundred (100) in the aggregate.
(2) Methods and Seasons.
(H) Invasive fish, common carp, and grass carp can be taken by hand net and those that jump from the water on or into a watercraft, or onto land, may also be taken and possessed in any number.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp as live bait.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(4) Length Limits: All bluegill, green sunfish, and bullheads more than five inches (5") in total length and other fish more than twelve inches (12") in total length must be returned to the water unharmed immediately after being caught by the methods prescribed in this rule, except there are no length limits for invasive fish, common carp, grass carp, gizzard shad, and goldfish.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment changes the required size of properties for landowners to enroll in the Chronic Wasting Disease Management Program from 20 acres to 5 acres.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Landowners with property located within a Chronic Wasting Disease (CWD) Management Zone as defined in 3 CSR 10-4.200 may enroll property in the department-sponsored Chronic Wasting Disease Management Program to obtain no-cost Chronic Wasting Disease Management Permits in accordance with the following:
(A) For the purposes of this rule a landowner shall include any person owning at least[ twenty (20)] five (5) contiguous acres within two (2) miles of a confirmed Chronic Wasting Disease-positive.
(B) The landowner shall submit an application on a form provided by the department to enroll in the program. Application for enrollment in the program shall be on an annual basis.
(C) Approval of applications received less than thirty (30) days prior to any deer hunting season cannot be guaranteed.
(D) The landowner may designate persons who are authorized to receive no-cost Chronic Wasting Disease Management Permit(s) for use on the enrolled property. The landowner or his/her authorized representative shall submit the following information to the department for any person who is authorized to obtain no-cost Chronic Wasting Disease Management Permit(s): Name, domicile address, e-mail, phone number, conservation identification number, and property identification number assigned to the enrolled property by the department.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 26, 2019, effective Feb. 29, 2020. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The amendments to this rule establish the species of wildlife that may be held under a Class III Wildlife Breeder Permit and Wildlife Exhibitors Permit, removes wolf-hybrids from the approved species list for Class II wildlife breeders, and modifies the approved species list for Class II wildlife breeders to include only those black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves legally obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021. The amendments also modify the list of approved species for a Class I Wildlife Breeder Permit, corrects the scientific names of certain species, and adds language to the General Provisions of this chapter to specify that confined wildlife and holding facilities are subject to inspection by a conservation agent at any reasonable time. Proposed additions to this rule also establish general provisions for the chapter, to be consistent with the format of other chapters.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(6) Confined wildlife held within the provisions of this chapter, and any facilities used to hold such wildlife are subject to inspection by a conservation agent at any reasonable time. Refusal to allow access for an inspection shall constitute sufficient cause for suspension or revocation of permit privileges.
[(6)](7) Confined wildlife held under permit within the provision of this chapter shall include only those species listed on the following Approved Confined Wildlife Species List[:].
Approved Confined Wildlife Species List
[Species Code No.]Permittee Type/Classification |
Common Name |
Scientific Name |
|
Class I Wildlife Breeders |
|
|
|
Game Birds |
|
|
|
|
Ducks, Mallard |
Anas platyrhynchos |
|
|
Grouse, Blue |
Dendragapus obscurus |
|
|
Grouse, Greater Sage- |
Centrocercus urophasianus |
|
|
Grouse, Gunnison Sage- |
Centrocercus minimus |
|
|
Grouse, Ruffed |
Bonasa umbellus |
|
|
Grouse, Sharp-tailed |
Tympanuchus phasianellus |
|
|
Grouse, Spruce |
Falcipennis canadensis |
|
|
Partridge, Gray |
Perdix perdix |
|
|
Pheasant, Ring-necked (all subspecies) |
Phasianus colchicus |
|
|
Ptarmigan, Rock |
Lagopus mutus |
|
|
Ptarmigan, White-tailed |
Lagopus leucurus |
|
|
Ptarmigan, Willow |
Lagopus lagopus |
|
|
Quail, Bobwhite (all subspecies) |
Colinus virginianus |
|
|
Quail, California |
Callipepla californica |
|
|
Quail, Gamble’s |
Callipepla gambelii |
|
|
Quail, Mountain |
Oreortyx pictus |
|
|
Quail, Scaled |
Callipepla squamata |
|
|
Turkey, Wild (all subspecies) |
Meleagris gallopava |
|
Mammals |
|
|
|
|
[Armadillo, Nine-banded] |
[Dasypus novemcinctus] |
|
|
Badger |
Taxidea taxus |
|
|
[Beaver] |
[Castor canadensis] |
|
|
Bobcat |
Lynx rufus |
|
|
Chipmunk, Eastern |
Tamias striatus |
|
|
Coyote |
Canis latrans |
|
|
[Deer, Mule] |
[Odocoileus hemionus] |
|
|
[Deer, White-tailed] |
[Odocoileus virginianus] |
|
|
|
|
|
|
Fox, Gray |
Urocyon cinereoargenteus |
|
|
Fox, Red |
Vulpes Vulpes |
|
|
Groundhog (Woodchuck) |
Marmota monax |
|
|
Mink |
Mustela vison |
|
|
Muskrat |
Ondatra zibethicus |
|
|
Opossum |
Didelphis virginiana |
|
|
Otter, River |
Lontra canadensis |
|
|
Rabbit, Eastern Cottontail |
Sylvilagus floridanus |
|
|
Rabbit, Swamp |
Sylvilagus aquaticus |
|
|
Raccoon |
Procyon lotor |
|
|
Squirrel, Eastern Gray |
Sciurus carolinensis |
|
|
Squirrel, Fox |
Sciurus niger |
|
|
Squirrel, Franklin’s Ground |
Spermophilus franklinii |
|
|
Squirrel, Thirteen-lined Ground |
Spermophilus tridecemlineatus |
|
|
Squirrel, Southern Flying |
Glaucomys Volans |
|
|
Weasel, Least |
Mustela nivalis |
|
|
Weasel, Long-tailed |
Mustela frenata |
|
Amphibians |
|
|
|
Salamanders |
|
|
|
|
[Newt, Central] |
[Notophthalmus viridescens] |
|
|
Salamander, Tiger |
Ambystoma tigrinum |
|
Frogs and Toads |
|
|
|
|
Bullfrog |
[Rana]Lithobates catesbeian[a]us |
|
|
Frog, Green (Bronze) |
[Rana]Lithobates clamitans |
|
|
Frog, Southern Leopard |
[Rana]Lithobates sphenocephal[a]us |
|
|
Toad, American |
[Bufo]Anaxyrus americanus |
|
|
Treefrog, Eastern (Cope’s) Gray |
Hyla versicolor/chrysoscelis |
|
|
Treefrog, Green |
Hyla cinerea |
|
Reptiles |
|
|
|
Turtles |
|
|
|
|
Cooter, River |
Pseudemys concinna |
|
|
Slider, Red-eared |
Trachemys scripta elegans |
|
|
Softshell, Smooth |
Apalone mutica |
|
|
Softshell, Spiny |
Apalone spinifera |
|
|
Turtle, Ornate Box |
Terrapene ornat[e]a |
|
|
Turtle, Alligator Snapping |
Macrochelys [temminckii]spp. |
|
|
Turtle, Common Map |
Graptemys geographica |
|
|
Turtle, Common Musk (Stinkpot) |
Sternotherus odoratus |
|
|
Turtle, Common Snapping |
Chelydra serpentin[e]a |
|
|
Turtle, Mississippi Mud |
Kinosternon subrubrum |
|
|
Turtle, Southern Painted |
Chrysemys [picta ]dorsalis |
|
|
Turtle, Three-toed Box |
Terrapene carolina triunguis |
|
|
Turtle, Western Painted |
Chrysemys picta belli |
|
Lizards |
|
|
|
|
Lizard, Eastern Collared |
Crotaphytus collaris |
|
|
Lizard, Prairie (Fence) |
Sceloporus consobrinus (undulates) |
|
|
Lizard, Slender Glass |
Ophisaurus attenuatus |
|
|
Lizard, Texas Horned |
Phrynosoma cornutum |
|
|
Skink, Five-lined |
[Eumeces]Plestiodon fasciatus |
|
Snakes |
|
|
|
|
Bullsnake |
Pituophis catenifer sayi |
|
|
Kingsnake, Prairie |
Lampropeltis calligaster |
|
|
Kingsnake, Speckled |
Lampropeltis getula holbrooki |
|
|
Snake, Black Rat |
[Elaphe]Pantherophis obsolete[a]us [obsolete] |
|
|
Snake, Eastern Garter |
Thamnophis sirtalis sirtalis |
|
|
Snake, Eastern Hog-nosed |
Heterodon platirhinos |
|
|
Snake, Great Plains Rat |
[Elaphe]Pantherophis [guttata]emoryi |
|
|
Snake, Red Milk |
Lampropeltis triangulum syspila |
|
|
Snake, Red-sided Garter |
Thamnophis sirtalis parietalis |
|
|
Snake, Western Hog-nosed ([Dusty and]Plains) |
Heterodon nasicus |
|
Class II Wildlife Breeders |
|
|
|
|
Bear, Black (& hybrids) legally obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021 |
Ursus americanus |
|
|
Copperhead |
Agkistrodon contortrix |
|
|
Cottonmouth |
Agkistrodon piscivorus |
|
|
Lion, Mountain (& hybrids) legally obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021 |
Puma concolor |
|
|
Rattlesnake, Pygmy |
Sistrurus miliarius |
|
|
Rattlesnake, Timber (Canebrake) |
Crotalus horridus |
|
|
Wolf, Gray [(& hybrids)] legally obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021 |
Canis lupus
|
|
Class III Wildlife Breeders
|
|
|
|
|
Deer, Mule and their hybrids
|
Odocoileus hemionus |
|
|
Deer, White-tailed and their hybrids
|
Odocoileus virginianus
|
|
|
Elk and their hybrids (unless raised for food production and not commingled with mule deer and white-tailed deer and their hybrids)
|
Cervus elaphus
|
|
Wildlife Exhibitors Permit |
|
|
|
|
Species of wildlife permitted under 3 CSR 10-9.370. |
||
Game Bird Hunting Preserves |
|
|
|
|
[Drake]Ducks, Mallard |
Anas platyrhynchos |
|
|
Partridges, Exotic (all species) |
All species |
|
|
Pheasants (all species) |
All species |
|
|
Quail (all species) |
All species |
|
Big Game Hunting Preserves |
|
|
|
|
Antelope, Pronghorn |
Antilocapra Americana |
|
|
Boar, Wild (including feral hogs, razorback hogs, European boars and other pig species) |
|
|
|
Caribou (Reindeer |
Rangifer tarandus |
|
|
Deer, Fallow |
Dama dama |
|
|
Deer, Mule |
Odocoileus hemionus |
|
|
Deer, Red |
Cervus species |
|
|
Deer, Sika |
Cervus nippon |
|
|
Deer, White-tailed |
Odocoileus virginianus |
|
|
Elk |
Cervus elaphus |
|
|
Goat, Mountain |
Oreamnos americanus |
|
|
Moose |
Alces alces |
|
|
Sheep, Bighorn |
Ovis canadensis |
|
|
Sheep, Dall |
Ovis dalli |
|
|
Ungulates (other species) |
deer, antelope deer, goats, sheep, etc. |
|
Wildlife Hobby Permit |
|
|
|
|
Badger |
Taxidea taxus |
|
|
[Beaver] |
[Castor canadensis] |
|
|
Bobcat |
Lynx rufus |
|
|
Coyote |
Canis latrans |
|
|
Fox, Gray |
Urocyon cinereoargenteus |
|
|
Fox, Red |
Vulpes Vulpes |
|
|
Groundhog (Woodchuck) |
Marmota monax |
|
|
Mink |
Neovison vison |
|
|
Muskrat |
Ondatra zibethicus |
|
|
Opossum |
Didelphis virginiana |
|
|
Otter, River |
Lontra canadensis |
|
|
Pheasant, Ring-necked (all subspecies) |
Phasianus colchicum |
|
|
Quail, Bobwhite (all subspecies) |
Colinus virginianus |
|
|
Rabbit, Eastern Cottontail |
Sylvilagus floridanus |
|
|
Rabbit, Swamp |
Sylvilagus aquaticus |
|
|
Raccoon |
Procyon lotor |
|
|
Squirrel, Eastern Gray |
Sciurus carolinensis |
|
|
Squirrel, Fox |
Sciurus niger |
|
|
Weasel, Least |
Mustela nivalis |
|
|
Weasel, Long-tailed |
Mustela frenata |
|
Wildlife Collector’s Permit |
|
|
|
|
Species and numbers of each are limited to those specified on the permit. |
||
Resident Falconry Permit |
|
||
|
Birds of prey as permitted under 3 CSR 10-9.422. |
||
Hound Running Area Operator and Dealer Permit |
|
||
|
Coyote |
Canis latrans |
|
|
Fox, Gray |
Urocyon cinereoargenteus |
|
|
Fox, Red |
Vulpes Vulpes |
|
Field Trial Permit |
|
|
|
|
Drake, Mallard |
Anas platyrhynchos |
|
|
Partridges, Exotic (all species) |
All species |
|
|
Pheasants (all species) |
All species |
|
|
Quail (all species) |
All species |
|
Dog Training Area Permit |
|
|
|
|
Drake, Mallard |
Anas platyrhynchos |
|
|
Partridges, Exotic (all species) |
All species |
|
|
Pheasants (all species) |
All species |
|
|
Quail (all species) |
All species |
|
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 9, 1993, effective Jan. 1, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards
Proposed Amendment
(2) Except for federally-designated endangered species and species listed in 3 CSR 10-4.117 and 3 CSR 10-9.240, the following may be bought, sold, possessed, transported, and exhibited without permit: Asian clams (Corbicula species) taken from impoundments that are not waters of the state; bison; amphibians, reptiles, and mammals not native to Missouri except those mammals located in a licensed big game hunting preserve; and those birds (except ring necked pheasants and gray partridge) not native to the continental United States.
(3) Fish and crayfish may be bought, sold, transported, propagated, taken, and possessed by any person without permit throughout the year in any number or size and by any method providing—
(I) Fish listed on the Approved Aquatic Species List in subsection (3)(H) of this rule, may be exhibited without permit.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-4.110(5), (6), and (10). Original rule filed June 26, 1975, effective July 7, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Cages, pens, or other enclosures for confining wildlife shall be well braced, securely fastened to the floor or ground, covered with a top as required and constructed with material of sufficient strength to prevent escape. Animals may not be released to the wild and must be confined at all times in cages, pens, or enclosures except in lead or drag races or birds held under a falconry permit or as otherwise permitted in this chapter. Except for unweaned young, Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox may not roam freely anywhere within a residence or inhabited dwelling. The following requirements shall be met:
(A) Any person holding any wildlife in confinement under permit within the provision of this chapter shall report all escapes immediately to a conservation agent.
[(A)](B) Clean drinking water shall be available in adequate amounts at all times. Semiaquatic animals, such as beaver and muskrat, shall be provided a pool of sufficient water depth for the animal to completely submerge;
[(B)](C) A shelter shall be provided for security and protection from inclement weather. Shade or an overhead structure shall be provided in warm seasons;
[(C)](D) [Captive] Confined wildlife shall be fed daily or as required with a diet appropriate to the species and the age, size, and condition of the animal. Feeding containers shall be kept clean and uneaten food removed within a reasonable time;
[(D)](E) Animal wastes shall be removed daily and disposed of properly. If bedding is provided, it shall be cleaned out and replaced every two (2) weeks; and
[(E)](F) Facilities for holding captive-reared migratory waterfowl must be designed to prevent escape to surrounding properties and managed to prevent contact with non-captive migratory waterfowl. Captive-reared mallard ducks may be temporarily released for flight exercise beginning one (1) hour after sunrise. Facilities must be designed to re-capture such ducks, and a reasonable effort must be made to re-capture them by one (1) hour after sunset each day.
[(F)](G) Captive-reared mallard ducks must be physically marked prior to six (6) weeks of age by removal of the hind toe from the right foot, or by tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot. Other captive-reared migratory waterfowl must be physically marked prior to six (6) weeks of age by at least one (1) of the following methods and as provided in federal regulations:
1. Removal of the hind toe from the right foot;
2. Pinioning of a wing; provided that this method shall be the removal of the metacarpal bones of one (1) wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight;
3. Banding of one (1) metatarsus with a seamless metal band; and
4. Tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot.
NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)
(2) Cages, pens, or other enclosures for Class I and Class III wildlife shall meet the following standards:
Space Per
Minimum Each Enclosure
Enclosure Additional Height
Space Animal
Species (sq. ft.) (sq. ft.) (ft.)
(A) American
Badger 30 6 4
(B) Beaver 40 8 5
(C) Bobcat 32 8 6
(D) Coyote 80 25 6
(E) E. Cottontail Rabbit
15 3 3
(F) Fox Squirrel 9 3 4
(G) Gray Fox 40 8 5
(H) Gray
Squirrel 9 3 4
(I) Groundhog 12 3 5
(J) Mink 9 3 2
(K) Muskrat 12 5 3
(L) Nine-Banded
Armadillo 12 4 2
(M) Otter 36 6 4
(N) Raccoon 24 6 5
(O) Red Fox 40 8 5
(P) Virginia
Opossum 12 3 3
(Q) Weasel 9 3 2
(R) [White-tailed Deer, white-tailed
deer-hybrids,
mule deer, or mule
deer-hybrids] Cervids 500 125 See 3 CSR 10-9.220(3)
(4) Care of[ captive] confined turtles shall meet requirements set out in section (1). At least ten (10) gallons of water shall be provided for each adult aquatic turtle over four inches (4") in shell length, and three (3) gallons of water shall be provided for each hatchling or turtle under four inches (4") in shell length. At least four (4) square feet of ground space shall be provided for each box turtle over three inches (3") in shell length and one (1) square foot of ground space shall be provided for each hatchling or turtle under three inches (3") in shell length.
(5) Cages, pens, or other enclosures for confining Class II wildlife shall be constructed to prevent direct physical contact with the public. At a minimum, this may be accomplished by a secondary barrier of wire mesh no smaller than eleven and one-half (11 1/2) gauge with openings of no more than nine (9) square inches, with a minimum distance of three feet (3') between animal cage and public and a minimum height of six feet (6'). Doors shall remain locked at all times with appropriate locks and chains. Enclosures shall be constructed with a den, nest box, or connected housing unit that can be closed off and locked with the animal inside, or be a divided cage with a door between the compartments, to allow servicing and cleaning. The enclosure mesh size or spacing of bars shall be sufficient to prevent escape. A barrier system of wet or dry moats or structures, as approved by the American Association of Zoological Parks and Aquariums, will meet these requirements.
(A) Class II wildlife shall be confined in cages, pens, enclosures, or in buildings of sufficient strength with restraints affixed to all windows, doors, or other means of entry or exit.
(B) Cages, pens, or other enclosures for Class II wildlife shall meet the standards outlined in Appendix A of this rule, which is included herein.
(6) Mobile temporary [exhibit]enclosures and wildlife auction/sale facilities may be used to confine wildlife, except [white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids,] Class III wildlife, for no more than fourteen (14) days and shall meet the following criteria:
(A) Facilities or enclosures shall be of sufficient size to ensure that each animal or compatible groups of animals can stand erect, turn about freely, and lie naturally. Facilities or enclosures shall be designed to provide fresh air, be free from injurious drafts and engine exhaust fumes, and provide adequate protection from the elements. The structural strength of the facilities shall be sufficient to contain the wildlife and to withstand the normal rigors of transportation;
(B) Class I wildlife facilities or enclosures shall contain doors that are locked when unattended, but easily accessible at all times for emergency removal of the wildlife;
(C) Facilities or enclosures for Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox shall be designed to prevent direct physical contact by the public and constructed of steel or case-hardened aluminum. Facilities or enclosures must have at least two (2) openings which are easily accessible at all times for emergency removal of the wildlife. Doors shall be locked at all times; and
(D) Venomous reptiles shall only be transported in a strong escape-proof enclosure capable of withstanding a strong impact. Enclosures shall be locked and prominently labeled with the owner’s full name, address, telephone number, list of species being transported, and a sign labeled VENOMOUS.
(8) Requirements of this rule shall not apply to wildlife under the care of a veterinarian or rehabilitation center, or to animals legally held in [circuses, ]publicly owned zoos[,] and American Zoo and Aquarium Association (AZA) accredited not-for-profit facilities[ bona fide research facilities or on fur farms whose sole purposes are to sell pelts or live animals to other fur farms and whose facilities meet generally accepted fur farming industry standards and adhere to provisions of sections (1), (5), and (6) of this rule].
APPENDIX A
CAGE, PEN OR OTHER ENCLOSURE STANDARDS FOR CLASS II WILDLIFE
3 CSR 10-9.220 (5) [Revised 06/24/96, 03/01/03, 03/01/07]
Species |
Enclosure Space (sq. ft.) |
Space per Each Additional Animal |
Enclosure Height (feet) |
Cage Material |
Black Bear or hybrids |
150 |
50% larger |
8(w/top) or 10(w/o top – 12 after 3/03) |
Not smaller than 9 gauge steel chain link; top required for 8-foot enclosure; 3-foot lean-in on top of fence acceptable for 10-foot enclosure. (For enclosures constructed after 3-1-03, height (without top) must be 12 feet with 3-foot lean-in on top; two strands of hot wire (8000- 10000 volt) on fence, one strand on lean-in, one strand along bottom or middle of fence; 4-inch concrete floor or non-rust 9 gauge chain link buried 2 feet and angled underground toward enclosure interior, or for pens anchored flush with ground, 3-foot interior dig-out panel required at ground surface.) |
Mountain Lion or hybrids |
200 |
50% larger |
8 |
Not smaller than 11 gauge steel chain link; top required |
Wolf[ or hybrids] |
200 |
50% larger |
6 |
Not smaller than 9 gauge steel chain link; 4-inch concrete floor or non-rust 9 gauge chain link buried 2 feet and angled underground toward enclosure interior, or for pens anchored flush with ground, 3-foot interior dig-out panel required at ground surface; top required, except 8-foot fence with 3-foot lean-in acceptable for wolves |
Venomous Snakes |
(Perimeter must be 1 1/2 times length of longest snake) |
25% larger |
|
When on public display outside approved confinement facility, any side of exhibit cage exposed to the public shall have a double glass or escape-proof double mesh barrier designed to prevent contact between venomous reptile and the public. |
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-3.020. Original rule filed Nov. 2, 1984, effective Feb. 11, 1985. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This rule clarifies that all wildlife held or transported in confinement shall comply with applicable state and federal animal health standards and movement requirements.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) All persons holding or transporting wildlife in confinement shall comply with applicable state and federal regulations for animal health standards and movement requirements. These records shall be maintained on the premises and shall be subject to inspection by a conservation agent at any reasonable time for a period of at least five (5) years.
(2) Live white-tailed deer, white-tailed deer-hybrids, mule deer, mule deer-hybrids, raccoons, foxes, and coyotes may not be imported into this state. The movement of Class III wildlife held under permit within the provisions of this chapter shall also comply with 3 CSR 10-9.354 and 3 CSR 10-9.565.
(3) Live skunks may not be imported, bought, sold, transported, given away, or otherwise disposed of in this state.
(4) Live Eastern cottontail rabbits, swamp rabbits, and jackrabbits may only be imported or transported into this state, as follows:
Eastern cottontail rabbits, swamp rabbits, and jackrabbits originating from a state or country where Rabbit Hemorrhagic Disease (RHD) may not be imported or transported into Missouri.Eastern cottontail rabbits, swamp rabbits, and jackrabbits originating from a state or country other than those where RHD has been diagnosed in the prior twelve (12) months may be imported only by the holder of an entry permit issued by the state wildlife veterinarian.
Any person requesting entry of such rabbits or hares shall submit a Certificate of Veterinary Inspection to the state wildlife veterinarian. To obtain an entry permit from the state wildlife veterinarian, the Certificate of Veterinary Inspection must state the following:
1. All eastern cottontail rabbits, swamp rabbits, and jackrabbits in the shipment have been examined within seventy-two (72) hours of shipment for and found free of communicable diseases and have originated from a single premise that has no signs of a communicable disease;
2. There has been no movement of rabbits or hares onto the originating premises within thirty (30) days prior to the shipment; and
3. No rabbits in the shipment have had contact with free-ranging wild rabbits or hares within thirty (30) days prior to the shipment.
(C) For the purposes of this section, the term Certificate of Veterinary Inspection means a legible record made on an official form of the state of origin, issued by an accredited licensed veterinarian. The official Certificate of Veterinary Inspection shall state that the animal(s) are free of visible signs of contagious, infectious, or communicable disease and describe the animal(s) by species, breed, sex, and age.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment clarifies that permits to hold wildlife in confinement will only be issued for those species of Class I wildlife listed for each permit type on the Approved Confined Wildlife Species List, removes redundant references to bullfrogs and green frogs, and removes permit exemptions for elk defined as livestock from this rule so it can be relocated to 3 CSR 10-9.250 and 9.352.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
Class I wildlife shall include [bullfrogs and green frogs and] birds (including ring-necked pheasants and gray partridge) native to the continental United States, and those species of mammals (except bison and those listed in 3 CSR 10-9.240 and 3 CSR 10-9.250) and nonvenomous reptiles and amphibians native to Missouri. Permits to hold Class I wildlife in confinement will only be issued for the specific species of wildlife approved for each permit type on the Approved Confined Wildlife Species List in 3 CSR 10-9.105. [Elk defined as livestock pursuant to the Revised Statutes of Missouri section 277.020 that are held separate so as to prevent commingling with mule deer and white-tailed deer are exempt from permit requirements.]
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 9, 1993, effective Jan. 31, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment clarifies that permits to hold wildlife in confinement will only be issued for those species of Class II wildlife listed for each permit type on the Approved Confined Wildlife Species List.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
Class II wildlife shall include copperheads, cottonmouths, timber rattlesnakes, pygmy rattlesnakes, massasauga rattlesnakes, mountain lions or mountain lion-hybrids, wolves or wolf-hybrids and black bears or black bear-hybrids. Permits to hold Class II wildlife in confinement will only be issued for the specific species of wildlife approved for each permit type on the Approved Confined Wildlife Species List in 3 CSR 10-9.105.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Oct. 6, 1993, effective Jan. 31, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This rule defines Class III wildlife and clarifies that permits to hold cervids in confinement will only be required for those species of Class III wildlife listed on the Approved Confined Wildlife Species List.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
Class III wildlife shall include all cervids as defined in 3 CSR 10-20.805. Permits to hold Class III wildlife in confinement are only required for the specific species of wildlife approved for each permit type on the Approved Confined Wildlife Species List in 3 CSR 10-9.105.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The amendments to this rule add exemptions to the Class I Wildlife Breeder Permit requirement that were removed from 3 CSR 10-9.230 and 3 CSR 10-9.353 to this rule. The existing permit exemption for circuses is removed.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) To exercise the privileges of a Class I wildlife breeder. Fee: fifty dollars ($50).
(2) The following exemptions to the Class I Breeder Permit requirements of this chapter shall apply:
(A) A Class I wildlife breeder permit shall not be required for wildlife legally held by publicly owned zoos, or Association of Zoos and Aquariums (AZA) accredited not-for-profit facilities; however, such wildlife may not be held for personal use.
(B) A Class I wildlife breeder permit shall not be required of individuals holding migratory birds under valid federal authorization; except that a Class I Wildlife Breeder Permit or a Licensed Hunting Preserve Permit is required if captive-reared mallard ducks are held for the purpose of sale to or use in hunting preserves, field trials, or dog training areas, as prescribed in this chapter. Captive-reared mallard ducks may not be hunted except as prescribed in 3 CSR 10-9.565, 3 CSR 10-9.625 or 3 CSR 10-9.628 of this Code, and federal regulations. All captive-reared migratory waterfowl must be confined and marked as prescribed in 3 CSR 10-9.220. NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)
(C) A Class I Wildlife Breeder Permit shall not be required for the propagation, sale, or display of birds of prey by persons holding a valid federal permit; provided that these birds may be used to take or attempt to take wildlife only by persons holding a valid falconry permit.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule previously filed as 3 CSR 10-10.750. Original rule filed Aug. 18, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The amendments to this rule specify that Class II breeder privileges may only be exercised for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves that were obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021, creates an exemption to the Class II breeder permit requirements for wolf-hybrids, and adds an exemption to the Class II breeder permit requirements that was removed from 3 CSR 10-9.353, with the exception of the exemption for circuses.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) To exercise the privileges of [both]a [Class I and]Class II wildlife breeder, except these privileges may only be exercised for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021. Fee: two hundred fifty dollars ($250).
(A) Wolf-hybrids are exempt from permit requirements.
(B) Wildlife legally held by publicly owned zoos, or Association of Zoos and Aquariums (AZA) accredited not-for-profit facilities are exempt from permit requirements; however, such wildlife may not be held for personal use.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 9, 1993, effective Jan. 31, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. It is estimated that this amendment will cost the Missouri Department of Conservation three thousand two hundred fifty ($3,250) in permit sales revenue.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
Division Title: 10 Conservation Commission
Chapter Title: 9—Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Name: |
3 CSR 10-9.351 Class II breeder permits |
Type of Rulemaking: |
Proposed Amendment
|
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
Missouri Department of Conservation |
$ 3,250 loss of permit revenue |
|
|
|
|
There are currently thirteen (13) Class II wildlife breeders holding black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, wolves and wolf-hybrids in confinement under a Class II wildlife breeder permit. Six of these breeders are holding only wolf-hybrids and will no longer be required to have a permit. For the remaining seven (7) breeders, when the current animals held under these permits die, are sold, given away, or otherwise disposed of, a Class II breeder permit will no longer be issued. For these breeders, the animals could live between one (1) and fifteen (15) more years.
13 (Number of Class II breeder permits currently issued for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves and wolf-hybrids) X $250 (annual cost of a Class II breeder permit) = $3,250 one-time loss when permit no longer required or issued
This estimate assumes that the holder of a Class II breeder permit holding black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves and wolf-hybrids will not acquire additional animals (such as native venomous snakes) that would require them to continue to maintain a Class II breeder permit. For the seven breeders holding these animals, we assume that the animals will live and a permit will continue to be required between one (1) and fifteen (15) more years. It also assumes a one-time loss in permit revenue when the animals held under permit die, are sold, given away, or otherwise disposed of.
This rule establishes a Class III Wildlife Breeder Permit for breeders holding Class III wildlife that is required to be permitted and establishes the permit exemptions.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) To exercise the privileges of a Class III wildlife breeder.Fee:fifty dollars ($50).
(2) The following exemptions to the Class III Wildlife Breeder Permit requirements of this chapter shall apply:
(A) Class III wildlife held in confinement that are not listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 are exempt from permit requirements.
(B) Elk raised for food production and that are held separate so as to prevent commingling with other cervids listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 are exempt from permit requirements.
(3) For purposes of this chapter, animals are commingling or commingled if they have direct contact with each other, have less than 10 feet of physical separation, or have indirect contact through shared equipment, pasture, or water sources. Animals are considered to have commingled if they have had such contact with a CWD-positive animal or contaminated premises within the last 5 years.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. It is estimated that this amendment will cost the Missouri Department of Conservation two thousand two hundred twenty dollars and 40/100 ($2,220.40) in staff time to implement this amendment.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
Division Title: 10 Conservation Commission
Chapter Title: 9—Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Name: |
3 CSR 10-9.352 Class III breeder permits |
Type of Rulemaking: |
Proposed Amendment
|
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
Missouri Department of Conservation |
$2,220.40 one-time staff cost to adjust permit database and convert existing Class I and II permits with cervids to Class III |
|
|
|
|
Permit services staff will have to spend approximately 80 hours to create a new Class III permit within the permit database and convert existing Class I and II permits with cervids to Class III. Highest hourly salary rate for permit services staff was used to calculate cost: 80 x $27.78 per hour = 2,222.40.
The amendments to this rule clarify the requirements for holding wildlife in confinement and improve the organization of Chapter 9 of the Wildlife Code; modify the privileges of Class II wildlife breeders related to black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves to prohibit the addition of new animals to Class II breeding operations currently holding these species; removes the permit exemption for non-residents exhibiting wildlife at special events; and removes the wildlife exhibition privilege (excluding gamebirds, amphibians, reptiles, and at consignment sales) from the privileges granted to Class I and Class II wildlife breeders. This rule establishes privileges and requirements for wildlife breeders. It has been reorganized from an older version to provide better organization and understanding, and to clarify that migratory waterfowl may be reared and held in captivity as provided in federal regulations but that such waterfowl may only be hunted as provided in 3 CSR 10-9.625 of this Code. It also removes permit exemptions, which have been moved to 3 CSR 10-9.350 and 3 CSR 10-9.351. Finally, it moves all provisions related to cervids to the new Class III wildlife breeder privileges section at 3 CSR 10-9.354.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Class I and Class II wildlife as defined in 3 CSR 10-9.230 and 3 CSR 10-9.240, may be [exhibited, propagated, reared, or] held in [captivity] confinement by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location indicated on the permit. Class I wildlife may also be propagated or reared at a specific location listed on the permit, and Class I and Class II gamebirds, amphibians, and reptiles may be propagated, reared, or exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location listed on the permit. Applicants for a [Class I permit to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids, or a] Class II Wildlife Breeder Permit must qualify by passing with a score of at least eighty percent (80%) on a written examination provided by the department.
(2) Such wildlife may be possessed, used, sold, given away, transported, or shipped; provided, the provisions of 3 CSR 10-9.223 are followed and that state and federally-designated endangered species may not be sold without the written approval of the director;[ that skunks may not be imported, bought, sold, transported, given away, or otherwise disposed of;] that black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves may not be sold or given away to the holder of a Class II wildlife breeder permit[that live white-tailed deer, white-tailed deer-hybrids, mule deer, mule deer-hybrids, raccoons, foxes, and coyotes may not be imported]; and that wildlife may be sold or given away only to the holder of the appropriate permit, where required, except as provided in section [(9)] (5) of this rule.
(3) A permit may be granted after satisfactory evidence by the applicant that stock will be secured from a legal source other than the wild stock of this state; that the applicant will confine the wildlife in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220; and that the applicant will prevent other wildlife of the state from becoming a part of the enterprise. [Any person applying for a Class I or Class II Wildlife Breeder Permit to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids shall complete an application involving on-site inspections of the area prior to and following construction activities by an agent of the department to determine that all provisions of this rule are met before a permit is issued.]
[(6) No Class I or Class II wildlife breeder permit is required for nonresidents possessing a valid permit issued in another state to exhibit legally possessed wildlife at special events, not to exceed seven (7) consecutive days; provided that:
(A) Notification is made to an agent of the department prior to entry of wildlife into the state.
(B) Exhibited wildlife may not be sold, offered for sale, or given away.
(C) All other provisions of this chapter shall apply, including mobile temporary exhibit confinement standards as specified in 3 CSR 10-9.220.]
[(7) All captive-reared migratory waterfowl must be confined and marked as prescribed in 3 CSR 10-9.220. No state permit shall be required of individuals holding migratory waterfowl under valid federal authorization; except that a Class I wildlife breeder permit or a licensed hunting preserve permit is required if captive-reared mallard ducks are held for the purpose of sale to or use in hunting preserves, field trials, or dog training areas, as prescribed in this chapter. Captive-reared mallard ducks may not be hunted except as prescribed in 3 CSR 10-9.565, 3 CSR 10-9.625 or 3 CSR 10-9.628 of this Code, and federal regulations.
NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)]
(5)[(9) Wildlife, except [white-tailed deer, white-tailed deer-hybrids, mule deer, mule deer-hybrids] skunks, foxes, coyotes, and raccoons may be shipped, transported, or consigned to a wildlife breeder by nonresidents without a Missouri wildlife breeder permit, but that wildlife shall be accompanied by appropriate permit or other proof of legality in the state of origin. Persons purchasing wildlife at consignment sales shall obtain a wildlife hobby or appropriate wildlife breeder permit prior to the purchase, except nonresidents may possess and transport purchased wildlife without permit for forty-eight (48) hours following close of the sale.
(6)[(10)] Notification of the date and place of any public sale of consigned wildlife shall be provided the conservation agent of the county in which the sale will be held not less than thirty (30) days prior to the sale.
(7)[(11)] All black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves [and wolf-hybrids] defined as Class II wildlife in 3 CSR 10-9.240 and introduced into a Class II wildlife breeder operation and/or currently held under such permit are subject to the following requirements:
(A) [Within sixty (60) days of birth or acquisition,]Animals shall be permanently tagged or marked with an identification number via a subcutaneous microchip Passive Integrated Transponder tag (PIT tag) provided by the department implanted along the animal’s back between the shoulder blades, which uniquely identifies each individual animal.
(B) A blood or tissue sample sufficient for DNA analysis [and registration] for each animal shall be submitted to the department upon request.[within sixty (60) days of birth or acquisition.]
(C) The holder of a Class II wildlife breeder permit shall report the death, sale, or transfer of any animal within three (3) days to [an agent of the department]a conservation agent, including the identification number from the animal’s subcutaneous microchip. Microchips shall not be reused in other animals.
(8)[(12)] The holder of a Class I or Class II wildlife breeder permit may exhibit wildlife[, except white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids, ] at [locations other than those listed on the permit]the locations of wildlife consignment sales for the purpose of sale. Class I and Class II gamebirds, amphibians, and reptiles may be exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at locations other than those listed on the permit.
(9)[(13)] Any sale, shipment, or gift of wildlife by a Class I or Class II wildlife breeder shall be accompanied by a written statement giving [his/her]the breeder permit number and showing the number of each species and the name and address of the recipient. [No wildlife of any kind may be liberated unless specific permission has been granted on written application to the conservation agent in the county where the release is to be made.]
[(14)] None of these privileges shall extend to permitting the act of hunting for such stock except that big game mammals may be killed for purposes of herd management by the permit holder or his/her agents, but only with authorization from an agent of the department.]
(10)[(16)] The holder of a Class I wildlife breeder permit may sell legally acquired game bird eggs or dressed or processed quail, pheasants, and partridges at retail and to commercial establishments under provisions of 3 CSR 10-10.743, provided all sales are accompanied by a valid invoice, and the required records are maintained by the wildlife breeder.
[(17) Except as provided in this section, the holder of a Class I or Class II wildlife breeder permit shall have an accredited veterinarian collect and submit samples from all known cases of mortality for cervids over six (6) months of age to a United States Department of Agriculture-approved laboratory for Chronic Wasting Disease testing. The department reserves the right to require additional sampling and testing during disease investigations or morbidity/mortality events. Animal health standards and movement activities shall comply with all state and federal regulations. The holder of a Class I or Class II wildlife breeder permit must maintain participation in a United States Department of Agriculture-approved Chronic Wasting Disease herd certification program to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids; failure to participate and comply with the certification program may result in the suspension or revocation of permit privileges.
(A) In the event of a mass casualty/mortality event, the director of the department may exempt the holder of a Class I or Class II wildlife breeder permit from the Chronic Wasting Disease testing requirements within this rule. The following conditions apply:
1. All mass casualty/mortality event exemption requests must originate from an accredited veterinarian and must be verbally reported to a conservation agent, regional protection supervisor, or the state wildlife veterinarian of the department.
2. The department will have access to collect and submit disease samples from all known cases of mortality for cervids, pertaining to, and in the event of a mass casualty/mortality event.]
[(18) Confirmed positive results from any disease test for a white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids must be verbally reported by the permit holder to a conservation agent or protection regional supervisor of the department within twenty four (24) hours of receiving the report and provide a copy of the testing report to the state wildlife veterinarian of the department within seventy two (72) hours of receiving the report. In the event of confirmed positive results from a Chronic Wasting Disease test, the permit holder shall comply with a herd disease response plan approved by the department. The plan may include, but not be limited to, quarantine requirements, testing and depopulation, premises cleaning and disinfection, additional fencing requirements, and restocking guidelines. Failure to comply with an approved herd disease response plan may result in the suspension or revocation of permit privileges.]
[(19) All white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids acquired by a permit holder must be individually identified on a Breeder’s Movement Certificate or a Certificate of Veterinary Inspection. A Breeder’s Movement Certificate may be completed by the breeder. The form must list the official identification, age, gender, species, complete address of both the origin and destination, and complete address and name of both the buyer and seller. The original form must accompany the shipment and a copy shall be maintained by the herd of origin for at least five (5) years. Sources for white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids must be enrolled in a United States Department of Agriculture-approved Chronic Wasting Disease herd certification program.]
[(20) New permits for Class I and Class II wildlife breeding facilities for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department; except, new permits may be issued during this time period for the existing location of a Class I or Class II wildlife breeding facility with a valid permit for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids.]
(11) No Class I or II wildlife may be liberated unless specific permission has been granted on written application to the conservation agent in the county where the release is to be made.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-10.755. Original rule filed Aug. 18, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This rule establishes the privileges and requirements for Class III wildlife breeders
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) Except as otherwise provided in 3 CSR 10-9.352, Class III wildlife may be propagated, reared, or held in captivity by the holder of the appropriate Class III Wildlife Breeder Permit only at the specific location identified on the permit. Applicants for a Class III Wildlife Breeder Permit must qualify with a score of at least eighty percent (80%) on a written examination provided by the department to test their knowledge of these regulations. The privileges and requirements of this rule shall apply only to those species (including their hybrids) listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 for Class III Wildlife Breeders.
(A) Only the holder of a Class III Wildlife Breeder Permit with movement qualified status may receive or move permitted Class III ildlife within and outside of the state; in addition to any certificates required by the importing state. Class III Wildlife Breeder Permit holders will attain and maintain movement-qualified status if they 1) maintain a complete and accurate inventory (including identification requirements) as required in this chapter, 2) conduct Chronic Wasting Disease testing as required in this chapter, and 3) maintain all fences as required in this chapter. The holder of a Class III Wildlife Breeder Permit will lose movement qualified status if, after issuance of a notice of discrepancy by the department specifying the violation of any of the requirements in this section, the permit holder fails to correct the deficiency within thirty (30) days. Movement qualified status will be reinstated when the permit holder receives notice from the department that the discrepancy has been corrected.
(B) Class III wildlife transported within the state must be accompanied by a Movement Certificate issued by the department prior to movement and transported on the date specified on the Movement Certificate for transfer. The Movement Certificate must be complete, accurate, and contain the official identification, age, gender, species, complete address of both the origin and destination, complete name and address of both the buyer and seller, and the permit numbers of all parties to the transaction. The original Movement Certificate must accompany the shipment and a copy shall be maintained by the herd of origin for at least five (5) years, unless otherwise documented in a department-provided database. Movement of Class III wildlife within the state may only occur between movement-qualified Class III breeders or from movement-qualified Class III breeders to hunt-qualified licensed big game hunting preserves.
(C) Movement of any Class III wildlife without an approved Movement Certificate or maintaining non-movement qualified status for over ninety (90) days, except as otherwise provided, shall be sufficient cause for permit suspension or revocation.
(3) Applications for a Class III Wildlife Breeder Permit may be granted after satisfactory evidence by the applicant that stock will be secured from a legal source that is the holder of a Class III Wildlife Breeder Permit with movement-qualified status; that the applicant will confine the wildlife in facilities that meet the standards specified in 3 CSR 10-9.220; and that the applicant will prevent all other hoofed wildlife from becoming part of the enterprise. Any person applying for a Class III Wildlife Breeder Permit shall complete an application involving an on-site inspection by a conservation agent of the area prior to and following construction activities to determine that all provisions of this rule are met before a permit is issued.
(4) The holder of a Class III Wildlife Breeder Permit may not hunt its stock but may kill animals within its herd for purposes of herd management only with written authorization from a conservation agent.
(5) The holder of a Class III Wildlife Breeder Permit shall report escaped or otherwise missing animals or the entry of any free-ranging animals immediately to a conservation agent.
(6) Animal identification requirements for Class III wildlife:
(A) All permitted Class III wildlife must be identified with two unique animal identification numbers for each animal. One of the animal identifications must be a United States Department of Agriculture-approved animal identification numbering system that uniquely identifies individual animals. The second animal identification must be a dangle farm tag that is unique for the individual animal within the herd and linked to the same animal and herd. The unique animal identification number may be used on two separate identification devices on the same animal to fulfill the identification requirements.
(B) Natural additions to the herd must be identified by March 31 each year. At least
one of the animal identification devices must be visible or readable from a distance
during herd inventories.
(C) Removal of official identification devices is prohibited, unless otherwise approved by the state wildlife veterinarian.
(7) Testing requirements for Class III wildlife:
(A) For purposes of this section, an eligible mortality means any mortality of a cervid at least twelve (12) months of age. The permit holder must test all eligible mortalities for Chronic Wasting Disease (CWD), a transmissible spongiform encephalopathy. Samples must be collected by an accredited veterinarian or department-certified collector. Samples must be submitted to a diagnostic laboratory approved by the United States Department of Agriculture (USDA) for CWD testing within thirty (30) days of death. For purposes of this section, an ante-mortem CWD test is not valid unless it is performed by an accredited veterinarian on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue with at least six lymphoid follicles submitted within thirty (30) days of collection on an animal that is at least eighteen (18) months of age and has not been source of ante-mortem testing within the prior twenty-four (24) months. The department reserves the right to require additional sampling and testing during disease investigations or morbidity/mortality events.
(B) At least eighty percent (80%) of samples submitted during the permit year must produce valid results by the diagnostic laboratory. To be considered a sample that produced a valid result, the sample must have been suitable, testable, and not rejected for any other reason. If less than eighty percent (80%) of samples are valid, then the permit holder must provide sufficient replacement samples to achieve this requirement. Replacement samples may consist of either post-mortem sample(s) at a 1:1 ratio taken from other animal(s) of similar age and time in the facility, if possible; or ante-mortem samples at a 3:1 ratio taken from other animal(s) of similar age and time in the facility, if possible; or valid post-mortem sample results obtained from a licensed big game hunting preserve for any cervid that can be traced to the Class III permit holder’s facility within the past twelve (12) months.
(C) Class III wildlife breeders possessing ten (10) or fewer cervids on March 31 for two consecutive years shall submit a minimum of at least one valid CWD sample from an eligible mortality for testing by the end of the second permit year. Class III wildlife breeders possessing more than ten (10) cervids on March 31 of any year must submit a minimum number of valid CWD sample(s) equaling the number of cervids on March 31 multiplied by 2.5 percent (2.5%), with the result rounded up, for the permit year. If valid samples submitted during the permit year do not meet the minimum requirement, valid replacement samples shall be provided. If needed to achieve the minimum requirement, replacement samples may consist of either post-mortem sample(s) at a 1:1 ratio taken from other animal(s) of similar age and time in the facility, if possible; or ante-mortem samples at a 3:1 ratio taken from other animal(s) of similar age and time in the facility, if possible; or valid post-mortem sample results obtained from a licensed big game hunting preserve for any cervid that can be traced to the Class III permit holder’s facility within the past twelve (12) months. Permit holders with five (5) or fewer animals that do not meet this minimum requirement shall lose their movement-qualified status, but shall not have their permit suspended or revoked solely for noncompliance with this requirement.
(D) Samples in which the infectious CWD prion is detected using
immunohistochemistry (IHC) or is confirmed at the USDA National Veterinary Services
Laboratory will be considered a CWD positive. Any facility with a positive sample
will immediately be quarantined by the state wildlife veterinarian, and no Movement
Certificates allowing movement into or out of the facility will be issued except as
authorized by the state wildlife veterinarian in accordance with an approved herd
disease response plan. Additionally, any facility that is or has been in possession of a
cervid that was in a CWD positive facility shall be quarantined, and no Movement
Certificates allowing movement into or out of the facility will be issued until it is
determined that the facility is not epidemiologically linked to the CWD positive cervid, or
further testing determines that the suspect cervid is not a confirmed positive.
(E) In the event of a mass casualty/death event, the director of the department may exempt the holder of a Class III wildlife breeder permit from the CWD testing requirements. For an exemption to be granted, the following conditions apply:
1. All mass casualty/mortality event exemption requests must originate from an accredited veterinarian, be submitted in writing to the state wildlife veterinarian, and accompanied by appropriate confirmatory laboratory tests.
2. The department will have access to collect and submit disease samples from all known cases of mortality for cervids associated with the mass casualty/mortality event. The Class III wildlife breeder must take reasonable steps to ensure that the carcasses and/or heads are sufficiently preserved in order to allow disease samples to be taken.
(8) In the event of confirmed positive results from a Chronic Wasting Disease test, the permit holder shall comply with a herd disease response plan approved by the department. The plan may include, but not be limited to, quarantine requirements, testing requirements, partial or total depopulation, premises cleaning and disinfection, additional fencing requirements, and restocking guidelines. Failure to comply with an approved herd disease response plan may result in the suspension or revocation of permit privileges.
(9) All other provisions of this chapter shall apply, including confinement standards as specified in 3 CSR 10-9.220.
(10) Within thirty (30) days from the revocation or expiration of a Class III Wildlife Breeder Permit for any reason and prior to removing any fencing, the permit holder must remove all animals from the premises prior to removing any fencing either by depopulation with approval by an agent of the department, transfer to another Class III permit holder, or transfer to a licensed big game hunting preserve. Facilities with a CWD positive within the past five years must depopulate upon revocation or expiration of their permit.
(11) New permits for Class III wildlife breeding facilities for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department; except, new permits may be issued during this time period for the existing location of a Class III wildlife breeding facility with a valid permit.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC ENTITY COST: This proposed rule will cost state agencies or political subdivisions an estimated thirty-six thousand dollars ($36,000) in the aggregate to modify the department’s databases and online platform system.
PRIVATE ENTITY COST: This proposed rule will cost private entities up to an estimated aggregate range of nine hundred dollars ($900) to eight thousand one hundred dollars ($8,100) every 2 (two) years for the life of the rule.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
PUBLIC ENTITY COST
I. RULE NUMBER
Title: 3 - Department of Conservation |
Division: 10 Conservation Commission |
Chapter: 9 Confined Wildlife: Privileges, Permits, Standards |
Type of Rulemaking: Proposed Rule |
Rule Number and Name: 3 CSR 10-9.354 Privileges of Class III Wildlife Breeders |
II. SUMMARY OF FISCAL IMPACT
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
Department of Conservation |
$36,000 – one-time cost |
III. WORKSHEET
$36,000 (estimated overall total cost of vendor payments to modify the department’s licensing platform system)
IV. ASSUMPTIONS
This is a one-time payment to modify the MDC database structure and/or online forms to create and administer movement certificates. No additional costs associated with this change are anticipated for the life of the rule.
FISCAL NOTE
PRIVATE ENTITY COST
I. RULE NUMBER
Title: 3 - Department of Conservation |
Division: 10 Conservation Commission |
Chapter: 9 Confined Wildlife: Privileges, Permits, Standards |
Type of Rulemaking: Proposed Rule |
Rule Number and Name: 3 CSR 10-9.354 Privileges of Class III Wildlife Breeders |
II. SUMMARY OF FISCAL IMPACT
Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule: |
Classification by types of the business entities which would likely be affected: |
Estimate in the aggregate as to the cost of compliance with the rule by the affected entities: |
12 |
Number of permitted individuals holding 6-10 deer |
Range of estimated cost incurred every two years: $900-$8,100 |
III. WORKSHEET
Total estimate for post-mortem cost for test every two-years:
12 (Number of permitted individuals that hold 6-10 deer) X $75 (estimated cost for sampling) = $900
Total estimate for ante-mortem for test every two-years:
12 (Number of permitted individuals that hold 6-10 deer) X $675 [3 x $225] (estimated cost for sampling) = $8,100
IV. ASSUMPTIONS
Those individuals permitted to hold 5 or less animals may choose to not conduct the minimum sampling required for chronic wasting disease and retain non-movement qualified status indefinitely. We assume those individuals permitted to hold more than 10 animals will be able to meet the required minimum by natural deaths within the facility or by providing replacement samples from animals sent to a Big Game Hunting Preserve. As a result, those permitted individuals would not incur any additional cost.
Those individuals permitted to hold 6-10 animals that are required to submit a minimum of one sample every two years, who did not submit samples in the past because of reporting no deaths, may incur an added cost for the required minimum sample of at least 1 post mortem or 3 ante-mortem samples. They may avoid this added cost by providing one sample from a deer that went to a big game hunting preserve. We provide an estimated range utilizing cost from all permitted individuals providing post-mortem testing to all providing ante-mortem tests. Based upon information from the state wildlife veterinarian, we estimate a post-mortem CWD sample would be $75 and an ante-mortem test would be $225. As of November 2020, there are 12 permitted individuals holding 6-10 deer.
The value of the deer taken as a replacement sample for a post-mortem test was not included because a post-mortem test was not required to meet the minimum sample requirement. If a permit holder did not have a deer die in the facility for two years, then they would have the alternative options of a ante-mortem samples or obtaining a sample for a deer in a big game hunting preserve that could be traced back to the breeding operation.
This amendment removes provisions related to cervids and moves them to provisions for Class III wildlife breeder inventory records in 3 CSR 10-9.360. It also clarifies the expectation that all records must be complete and accurate.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
[(1)] Each Class I and Class II wildlife breeder[, except those possessing white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids,] shall maintain a complete, accurate, and current record, by date, of all transactions showing the place of origin and the numbers and species of wildlife which were possessed, propagated, bought, sold, consigned, brokered, transported, shipped, given away, used, or which have died, on forms provided by the department. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. These records and applicable state and federal animal health records and permits for each animal shall be maintained on the premises of the wildlife breeder and shall be subject to inspection by an authorized agent of the department at any reasonable time.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* This rule was previously filed as 3 CSR 10-10.753. This version of rule filed Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This rule requires all Class III wildlife breeders to conduct and maintain records associated with herd inventory that will facilitate the tracking of movement, disease, and deaths for each facility.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) Each Class III wildlife breeder will complete an annual physical herd inventory in the presence of an accredited veterinarian in which all animals within the herd are visually inspected. Individual identification must be verified and recorded on a herd inventory signed by the accredited veterinarian. Any animal in which identification cannot be visually inspected will be restrained by the permit holder. An inventory of all animals shall be maintained on a form or database provided by the department, kept accurate and up to date, and reconciled by March 31 each year. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Any animal not accounted for on the herd inventory by March 31 each year shall constitute an eligible mortality required to be tested for CWD under 3 CSR 10-9.354, and a valid replacement sample must be provided.
(2) Movement certificates must be retained in paper form or on a database provided by the department.
(3) Herd inventory records must be complete and accurate containing the following for each animal: permanent physical identification, species, date of birth, gender, date of acquisition, complete address of source, complete address and name of current and previous owner, date of removal, destination of any animal removed, copies of all movement certificates (if department database is not utilized) mortality date, cause of death (if known), official Chronic Wasting Disease test results for all animals twelve (12) months of age or older at time of death, and method and location of carcass disposal. These herd inventory records must be maintained to provide accountability for all purchases, sales, movement, births, and mortality. These records shall be maintained on the premises of the wildlife breeder for a period of at least five (5) years or on a department-provided database and shall be subject to inspection and copying by an authorized agent of the department at any reasonable time. Refusal to allow access to or copying of inventory records shall constitute sufficient cause for the suspension or revocation of the permit.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This rule establishes a permit to maintain and operate a wildlife exhibit containing Class I wildlife, Class II wildlife, and native fish other than those listed on the Approved Aquatic Species List, except, coyotes, foxes, raccoons, skunks, native bats, and prohibited species.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) To maintain and operate a wildlife exhibit in accordance with 3 CSR 10-9.371 holding Class I wildlife as defined in 3 CSR 10-9.230, Class II wildlife as defined in 3 CSR 10-9.240, and native fish not listed on the Approved Aquatic Species List in 3 CSR 10-9.110(3)(H), except coyotes, foxes, raccoons, skunks, native bat species, and prohibited species as defined in 3 CSR 10-4.117. All wildlife must be obtained in accordance with federal regulations, if applicable, and must originate from a legal source other than the wild stock of this state.
(2) Any person applying for a Wildlife Exhibitor Permit shall complete an application involving on-site inspections of the exhibit facilities prior to and following construction activities by a conservation agent to determine that all provisions of this rule and 3 CSR 10-9.371 are met before a permit is issued. Fee: one thousand dollars ($1,000).
(3) The following exemptions to the Wildlife Exhibitor Permit requirements of this chapter shall apply:
(A) A Wildlife Exhibitor Permit shall not be required for wildlife legally held by publicly owned zoos, or Association of Zoos and Aquariums (AZA) accredited not-for-profit facilities; however, such wildlife may not be held for personal use.
(B) A Wildlife Exhibitor Permit shall not be required of individuals holding migratory birds under valid federal authorization. All captive-reared migratory waterfowl must be confined and marked as prescribed in 3 CSR 10-9.220. NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)
(C) A Wildlife Exhibitor Permit shall not be required for the propagation, sale, or display of birds of prey by persons holding a valid federal permit; provided that these birds may be used to take or attempt to take wildlife only by persons holding a valid falconry permit.
(D) Wolf-hybrids are specifically exempted from the requirements of this rule, 3 CSR 10-9.371, and 3 CSR 10-9.372.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions two thousand five hundred dollars ($2,500) annually in the aggregate.
PRIVATE COST: This proposed amendment will cost private entities five thousand dollars ($5,000) annually in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
PUBLIC COST
I. Department Title: 3 – Department of Conservation
Division Title: 10 Conservation Commission
Chapter Title: 9—Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Name: |
3 CSR 10-9.370 Wildlife Exhibitor Permit |
Type of Rulemaking: |
Proposed Rule
|
II. SUMMARY OF FISCAL IMPACT
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
Missouri Department of Conservation |
|
|
|
|
|
III. WORKSHEET
5 (Estimated number of facilities who will apply to obtain a permit).
X $500 (Average cost for Conservation Agent time per initial inspection) = $2,500 to initially inspect and approve facilities and permits for Wildlife Exhibitors.
5 (Estimated number of permit holders with facilities requiring an inspection).
$25.00 (Average hourly rate for Conservation Agents) X 20 (Estimated number of hours required to inspect and approve confinement facility for each permit holder) = $500 (Average Cost for Conservation Agent time to inspect and approve a facility).
FISCAL NOTE
PRIVATE COST
Division Title: 10 – Conservation Commission
Chapter Title: 9 - Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Title: |
3 CSR 10-9.370 Wildlife Exhibitor Permit |
Type of Rulemaking: |
Proposed Rule |
II. SUMMARY OF FISCAL IMPACT
Estimate of the number of entities by class which would likely be affected by the adoption of the rule: |
Classification by types of the business entities which would likely be affected: |
Estimate in the aggregate as to the cost of compliance with the rule by the affected entities: |
5 facilities requiring a Wildlife Exhibitor permit |
Wildlife Exhibits and Attractions |
$5,000 annually |
|
|
|
|
|
|
|
|
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III. WORKSHEET
The Department estimates there are approximately 5 facilities currently exhibiting wildlife in Missouri under a Class I or Class II wildlife breeder permit that would be required to obtain a Wildlife Exhibitor Permit if the rule goes into effect. The estimated cost associated with this rule assume no increase or decrease in the number of facilities requiring a Wildlife Exhibitor Permit.
This rule establishes the privileges and requirements for wildlife exhibitors.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) Subject to federal regulations, wildlife specified in 3 CSR 10-9.370(1) may be held in confinement and exhibited by the holder of a Wildlife Exhibitor Permit only at a specific location indicated on the permit, except as otherwise provided in section (6) of this rule. Applicants for an exhibitor permit to hold Class II wildlife must qualify by passing with a score of at least eighty percent (80%) on a written examination provided by the department.
(2) Such wildlife may not be propagated, but may be bought, imported, exported, given away, transferred, transported, or shipped; provided, the provisions of 3 CSR 10-9.223 are followed; and that wildlife may be transferred or given away only to the holder of the appropriate permit, where required.
(3) Wildlife that will become a part of the enterprise shall be limited to the species specified on the wildlife exhibitor’s permit. A permit may be granted after satisfactory evidence by the applicant that all fish and wildlife held as a part of the enterprise will be secured from a legal source other than the wild stock of this state and their descendants; that the applicant will confine the wildlife in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220; that the applicant will confine fish and aquatic or semi-aquatic invertebrates in humane and sanitary facilities that meet the standards specified for closed systems defined in 3 CSR 10-9.110(3)(G)6.; and that the applicant will prevent the wild stock of this state from becoming a part of the enterprise.
(4) Wildlife exhibit facilities shall become accredited by the Association of Zoos and Aquariums (AZA) within three (3) years of the issuance of the initial Wildlife Exhibitor Permit for the facility, regardless of any changes in ownership or permittee. If there is a change of ownership or permittee prior to the initial accreditation of a wildlife exhibit facility, the director may, but is not required to, authorize a period of no more than (2) years for the new permittee to attain AZA accreditation. If an event occurs that requires a wildlife exhibit facility that is accredited by the AZA to reprocess for accreditation, the wildlife exhibit facility shall become accredited by the AZA within two (2) years after the event that required the facility to reprocess for accreditation, regardless of any subsequent changes in ownership or permittee. The director may authorize a one-time extension to the AZA accreditation requirement for a period of one (1) year, provided the permittee is in process of obtaining AZA accreditation. After the permittee’s initial accreditation by the AZA, the permittee shall continue to maintain AZA accreditation of the wildlife exhibit facility. Except as otherwise provided in this section, failure to obtain or maintain AZA accreditation shall be sufficient cause for the department to revoke the current year’s wildlife exhibitor permit and deny renewal of the permit for the following year.
(5) Cities, towns, and counties may establish ordinances further restricting or prohibiting ownership of Class II wildlife, with approval of the department. In instances where prohibitions apply, no Wildlife Exhibitor Permit will be issued by the department. Persons possessing Class II wildlife must comply with all requirements of section 578.023, RSMo.
(6) Reptiles and amphibians may be exhibited at locations other than those listed on the permit, provided mobile temporary exhibit confinement standards as specified in 3 CSR 10-9.220 shall apply.
(7) Any shipment, transfer, or gift of wildlife by a wildlife exhibitor shall be accompanied by a written statement giving the wildlife exhibitor permit number and showing the number of each species, the species and unique identification number for each animal, if applicable, and the name and address of the recipient. No wildlife of any kind may be liberated to the wild.
(8) Wildlife held under the provisions of this rule must be confined in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220 and the standards specified for closed systems defined in 3 CSR 10-9.110(3)(G)6. for fish and aquatic or semi-aquatic invertebrates. Each cage, tank, or enclosure shall be labeled, correctly identifying the animal(s) held in the cage, tank, or enclosure by common and scientific name.
(9) If the mortality rates of any species of wildlife held in accordance with this rule are deemed excessive by the state wildlife veterinarian, it shall be sufficient cause for the department to remove the authorization to hold that species from the permittee’s Wildlife Exhibitor Permit. Authorization to hold such wildlife may be denied until the permittee demonstrates to the state wildlife veterinarian that the cause of the excessive mortality has been corrected.
(10) The requirements of 3 CSR 10-9.353(7) shall apply to all black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves held under a Wildlife Exhibitor Permit, and all other animals, except fish less than ten (10) inches in total length, shall be permanently tagged or marked within five (5) days of acquisition with an unique identification number that identifies each individual animal. The department may require a blood or tissue sample sufficient for DNA analysis, registration, and identification of an individual animal upon the request of a conservation agent. The tags or marks used to identify individual animals shall not be reused on other animals. Removal of identification tags or marks is prohibited, unless otherwise approved by a conservation agent.
(11) The holder of a Wildlife Exhibitor Permit shall report the acquisition, death, transfer, or gift of any animal belonging to a species of fish or wildlife listed in the current Missouri Species and Communities of Conservation Concern Checklist booklet, Revised January 2020, which is hereby incorporated in this Code by reference, that are listed with a State or Federal status of Endangered or Threatened, to a conservation agent within three (3) days of the acquisition, death, transfer, or gift of the animal. This report shall include the specific disposition of the animal, including the name, address, and permit number if applicable, of the person the animal was given or transferred to. This booklet is published annually in January by, and a printed copy can be obtained from, the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and is also available online at www.missouriconservation.org. This rule does not incorporate any subsequent amendments or additions to the Checklist.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions two thousand five hundred dollars ($2,500) annually in the aggregate.
PRIVATE COST: This proposed amendment will cost private entities at least thirty-two thousand five hundred dollars ($32,500) for initial AZA Accreditation Fees, four thousand five hundred dollars ($4,500) every five (5) years for each permittee for AZA Accreditation renewals, and indeterminable costs associated with providing staffing and facilities required to obtain and maintain AZA Accreditation in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
PUBLIC COST
I. Department Title: 3 – Department of Conservation
Division Title: 10 Conservation Commission
Chapter Title: 9—Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Name: |
3 CSR 10-9.371 Wildlife Exhibitor Permit Privileges |
Type of Rulemaking: |
Proposed Rule
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II. SUMMARY OF FISCAL IMPACT
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
Missouri Department of Conservation |
$2,500 in Conservation Agent time to inspect 5 wildlife exhibits per year. |
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III. WORKSHEET
5 (Estimated number of facilities who will apply to obtain a permit) X $500 (Average cost for Conservation Agent time for routine inspections) = $2,500 in conservation agent time annually to conduct routine inspections of wildlife exhibits.
5 (Estimated number of permit holders with facilities requiring an inspection).
$25.00 (Average hourly rate for Conservation Agents) X 8 (Estimated number of hours required to conduct a routine inspection for each permit holder) = $500 (Average Cost for Conservation Agent time to conduct a routine inspection of a facility).
FISCAL NOTE
PRIVATE COST
Division Title: 10 – Conservation Commission
Chapter Title: 9 - Wildlife Code: Confined Wildlife, Privileges, Permits, Standards
Rule Number and Title: |
3 CSR 10-9.371 Wildlife Exhibitor Permit Privileges |
Type of Rulemaking: |
Proposed Rule |
II. SUMMARY OF FISCAL IMPACT
Estimate of the number of entities by class which would likely be affected by the adoption of the rule: |
Classification by types of the business entities which would likely be affected: |
Estimate in the aggregate as to the cost of compliance with the rule by the affected entities: |
5 facilities requiring a Wildlife Exhibitor permit |
Wildlife Exhibits and Attractions |
$32,500 for fees and expenses for initial AZA accreditation, $4,500 every 5 years for each facility for AZA accreditation renewals, and indeterminable costs associated with providing the staffing and facilities required to obtain and maintain AZA Accreditation |
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III. WORKSHEET
$32,500 (Fees and expenses for initial AZA accreditation) + $5,000 every 5 years for each facility (Renewals of AZA accreditation) + indeterminable costs associated with providing the staffing and facilities required to obtain and maintain AZA Accreditation = Total estimated aggregate costs for private entities.
5 (Estimated number of facilities requiring a Wildlife Exhibitor Permit) X $6,500 (filing fee and expense deposit for initial AZA accreditation) = $32,500 Fees and expenses for initial AZA accreditation.
$4,500 (filing fee and expense deposit for renewal of AZA accreditation for each facility every 5 years).
The cost to construct wildlife exhibit facilities and employ required staff to obtain and maintain AZA accreditation is indeterminable because of unknown variables related to the size of facilities, the species the permittee desires to exhibit, whether or not the facilities and staff already exist or if staffing and facilities must be acquired and/or modified, and the geographic location. It is anticipated that exhibitor permits will be issued for exhibits that are both large and small, for different types of animals, and with widely varying costs required for permittees to meet AZA accreditation standards for staffing and facilities.
The Department estimates there are approximately 5 facilities currently exhibiting wildlife in Missouri under a Class I or Class II wildlife breeder permit that would be required to obtain a Wildlife Exhibitor Permit if the rule goes into effect. The estimated cost associated with this rule assume no increase or decrease in the number of facilities requiring a Wildlife Exhibitor Permit, mid-cycle accreditation inspections are not required, and costs will not increase over time.
This rule establishes the record keeping requirements for the holder of a Wildlife Exhibitor Permit.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Rule
(1) Each permit holder shall maintain an accurate permanent record, by date, of all transactions involving each animal held, acquired, imported, exported, transferred, given away, disposed of, or which have died, including the species and quantity, individual identification number of each animal if applicable, place of origin, the name, address, and permit number, where required, of each seller or transferee on a form approved by the department. The permit holder shall also establish and maintain a system of inventory in a format approved by the department that includes an up-to-date and accurate list of all wildlife currently held, including the species and quantity, individual identification number of each animal if applicable, and the location of all reptiles and amphibians held in confinement at locations other than the location indicated on the permit.
(2) These records and applicable state and federal animal health records and permits for each animal, including documentation for each animal showing it was obtained from a legal source other than the wild stock of the state, shall be maintained on the premises of the exhibit and shall be subject to inspection by a conservation agent at any reasonable time.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment will allow master falconers to take and possess wild passage peregrine falcons for use in falconry in accordance with season dates and the annual allocation established by the United States Fish and Wildlife Service for Missouri.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(7) Raptors may be taken from the wild only as follows:
(E) Resident master falconers may take passage peregrine falcons from September 20 through October 20 in accordance with the annual allocation established by the United States Fish and Wildlife Service for the take of passage peregrine falcons in Missouri. Each resident master falconer may take one (1) passage peregrine falcon from the wild annually, but only in accordance with the number of raptors that may be taken by a permittee from the wild during the twelve- (12-) month reporting period. The season will remain open during the prescribed season dates or until the annual allocation of passage peregrine falcons have been captured. Falconers must contact the falconry program coordinator prior to each capture attempt to determine if the annual allocation has been reached, and falconers taking a peregrine falcon must contact the falconry coordinator to report the capture by 10:00 p.m. on the day of capture. Falconers capturing a peregrine after the allocation has been met must immediately release the bird upon notification by the falconry program coordinator that their capture was in excess of the annual allocation. Banded peregrine falcons may not be taken and must be released immediately at the location of capture. Nonresident master falconers may take passage peregrine falcons in accordance with this subsection and subsection (7)(F) of this rule; provided the director may authorize nonresident falconers to take no more than fifty percent (50%) of the annual allocation of passage peregrine falcons.
[(E)](F) Nonresidents who have valid falconry permits, with written authorization of the director, may take from the wild and, when banded, possess and transport raptors under conditions and at those places and times as the director may specify; providing, that this person shall possess a valid Missouri nonresident hunting permit. (Note: Persons transporting raptors so taken into another state also may need permission for the transfer from the other state.)
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 7.442. Original rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendments allow Licensed Hunting Preserve Permit holders to designate an authorized representative to act on the permit holder’s behalf and changes the permit term from three years to one year.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) To maintain and operate a licensed hunting preserve and to buy, propagate, hold in captivity, hunt, and sell only legally obtained and captive-reared: pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed animals), except hogs may only be propagated, held in captivity, and hunted on big game hunting preserves approved specifically for hogs by the department on or before January 30, 2015.
(2) Any person applying to establish a licensed hunting preserve shall complete an application involving on-site inspections of the area prior to and following construction activities by an agent of the department to determine that all provisions of this rule and 3 CSR 10-9.565 are met before a permit is issued. The Licensed Hunting Preserve Permit holder may designate an authorized representative on the permit to act on the permit holder’s behalf, but the Licensed Hunting Preserve Permit holder shall be responsible for compliance with the permit requirements. If the authorized representative changes, the licensed hunting preserve permit holder shall provide updated information to the department.
Fees:
(A) Game Bird Hunting
Preserve $100 valid for one (1) year
(B) Big Game Hunting
Preserve $[7]250 valid for [three (3)]one (1) year[s]
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment sets out the privileges and requirements for licensed shooting areas. The amendment creates a hunt-qualified status that allows permittees to conduct hunts if they meet established requirements, and criteria for regaining hunt-qualified status, if lost. The amendment requires hunting preserves exercising the privileges of a breeding facility with respect to Class III permitted cervids to obtain a Class III Wildlife Breeder Permit. The amendments reduce the burden of current CWD testing requirements by allowing department-certified collectors to collect samples and by creating a tiered system of disease surveillance based upon past compliance and disease risk. Replacement samples are required, if necessary, to meet the testing requirement. The amendment removes the exemption for mass mortalities since the testing requirements have been reduced. The amendment clarifies acceptable methods of animal identification and requires permit holders to authorize laboratories to submit CWD test results directly to the state wildlife veterinarian. In the event of a confirmed status, the amendment clarifies how epidemiologically linked herds will be treated. The amendment creates an obligation by the licensed big game hunting preserve to maintain documentation from all cervid breeders providing animals to the facility that the animals were born within the state of Missouri. The amendment also clarifies that all Class III permitted wildlife must originate from a Class III wildlife breeding facility and requires that all other cervids must originate from a facility enrolled in a state-sponsored CWD herd certification program. Finally, the amendment clarifies procedures when a permit expires or is revoked with respect to animals present in the facility.
The above changes are necessary to clarify existing regulations, practices, and expectations. The hunt-qualified status is necessary to ensure facilities are complying with applicable regulations, while providing an alternative to criminal enforcement. Changes to the CWD testing requirements will result in more valid samples being submitted for testing, while redistributing the burden of testing between big game hunting preserves and breeding facilities. The department anticipates getting better disease surveillance from the proposed changes. Changes that required CWD test results be submitted directly to the state wildlife veterinarian are necessary to ensure the department receives all test results and to confirm required samples are submitted.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Licensed hunting preserves are subject to inspection by an agent of the department at any reasonable time. Animal health standards and movement activities shall comply with all state and federal regulations. Any person holding a licensed hunting preserve permit may release on his/her licensed hunting preserve only legally obtained and captive-reared: pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed animals) specifically authorized by the Approved Confined Wildlife Species List in 3 CSR 10-9.105(7) for game bird hunting preserves and big game hunting preserves for [shooting] hunting throughout the year, under the following conditions:
(B) Big Game Hunting Preserve.
1. A big game hunting preserve for ungulates shall be a fenced single body of land, not dissected by public roads, and not less than three hundred twenty (320) acres and no more than three thousand two hundred (3,200) acres in size. The hunting preserve shall not be cross-fenced into portions of less than three hundred twenty (320) acres. The hunting preserve shall be fenced so as to enclose and contain all released game and exclude all hoofed wildlife of the state from becoming a part of the enterprise and posted with signs specified by the department. Fence requirements shall meet standards specified in 3 CSR 10-9.220. Fencing for hogs shall be constructed of twelve (12) gauge woven wire, at least five feet (5') high, and topped with one (1) strand of electrified wire. An additional two feet (2') of such fencing shall be buried and angled underground toward the enclosure interior. A fence of equivalent or greater strength and design to prevent the escape of hogs may be substituted with written application and approval by an agent of the department.
2. [The permittee may exercise privileges provided in 3 CSR 10-9.353 only for species held within b]Breeding enclosure(s) contained within or directly adjacent to the big game hunting preserve must obtain a separate Class III Wildlife Breeder Permit for those species (including their hybrids) listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 for Class III wildlife breeders. Any animal entering a big game hunting facility may not reenter a breeding facility. [Any such breeding enclosure(s) shall meet standards specified in 3 CSR 10-9.220. Breeding enclosures may be separated from the hunting preserve by a public road, but must be directly adjacent. Other breeding enclosures not contained within or directly adjacent to the hunting preserve are not covered under the privileges of this rule.] All cervids entering a big game hunting preserve must comply with the identification requirements contained in 3 CSR 10-9.354(6). Any natural additions must meet one of these identification requirements upon harvest or death for record-keeping purposes.
3. Any person taking or hunting ungulates on a big game hunting preserve shall have in his/her possession a valid licensed hunting preserve hunting permit. The permittee shall attach to the leg of each ungulate taken on the hunting preserve a locking leg seal furnished by the department, for which the permittee shall pay ten dollars ($10) per one hundred (100) seals. Any packaged or processed meat shall be labeled with the licensed hunting preserve permit number.
4. The holder of a Big Game Hunting Preserve Permit may only receive animals and conduct hunts if they maintain hunt qualified status. Big Game Hunting Preserve Permit holders will attain and maintain hunt qualified status if they maintain inventory records (including identification requirements) as required in this chapter, submit Chronic Wasting Disease samples as required in this chapter, and maintain all fences as required in this chapter. A Big Game Hunting Preserve Permit holder will lose hunt qualified status if, after issuance of a notice of discrepancy by the department indicating violations of any of the requirements of this paragraph, the permit holder fails to correct the deficiency within thirty (30) days, or longer if approved by a conservation agent pursuant to a corrective action plan. Hunt-qualified status will be reinstated when the permit holder receives notice from the department that the discrepancy has been corrected. Receiving animals or conducting hunts in violation of this paragraph or maintaining non-hunt qualified status for ninety (90) consecutive days or more shall be sufficient cause for permit suspension or revocation.
[4]5. [Except as provided in this section, t]The holder of a Big Game Hunting Preserve Permit must test mortalities of male cervids over twelve (12) months of age for Chronic Wasting Disease (CWD), a transmissible spongiform encephalopathy as provided in this rule. Samples must be collected by [shall have] an accredited veterinarian or department-certified collector. Samples must be submitted to a diagnostic laboratory approved by the United States Department of Agriculture (USDA) for CWD testing within thirty (30) days of death. [collect and submit samples from all known cases of mortality for cervids over six (6) months of age to a United States Department of Agriculture approved laboratory for Chronic Wasting Disease testing.] The department reserves the right to require additional sampling and testing during disease investigations or morbidity/mortality events. Animal health standards and movement activities shall comply with all state and federal regulations.
[A In the event of a mass casualty/mortality event, the director of the department may exempt the holder of a Big Game Hunting Preserve Permit from the Chronic Wasting Disease testing requirement within this rule. The following conditions apply:
(I) All mass casualty/mortality event exemption requests must originate from an accredited veterinarian and must be [verbally reported to a conservation agent, regional protection supervisor, or the state wildlife veterinarian of the department.
(II) The department will have access to collect and submit disease samples from all known cases of mortality for cervids, pertaining to, and in the event of, a mass casualty/mortality event.]
6. For purposes of this section, eligible mortalities mean mortalities of all male cervids at least 12 months of age occurring between April 1 of the previous permit year and March 31 of the current permit year. Any new permit holder or permit holder as of July 1, 2021, that failed to test one hundred percent (100%) of all mortalities during the previous permit year shall have Tier 1 status, and shall test one hundred percent (100%) of eligible mortalities. Any permit holder as of July 1, 2021, that tested one hundred percent (100%) of all mortalities during the previous permit year or any Tier 1 permit holder that submits the required valid samples of eligible mortalities during the previous year shall have Tier 2 status, and shall test fifty percent (50%) of eligible mortalities.
7. At least eighty percent (80%) of required tests as described in the previous paragraph must produce valid sample results by the diagnostic laboratory. To be considered a sample that produced a valid test result, the sample must have been suitable, testable, and not rejected by the diagnostic laboratory for any other reason. If less than eighty percent (80%) of samples are valid, then the permit holder must provide sufficient samples to achieve the eighty percent (80%) requirement. Replacement samples may consist of either post-mortem samples at a 1:1 ratio, or ante-mortem samples at a 3:1 ratio from other animal(s) of similar age and time in the facility. For purposes of this rule, an ante-mortem CWD test is not valid unless it is performed by an accredited veterinarian on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue with at least six lymphoid follicles submitted within thirty (30) days of collection on an animal that is at least eighteen (18) months of age and has not been source of ante-mortem testing within the prior twenty-four (24) months.
8. Samples in which the infectious CWD prion is detected will be considered CWD-suspect pending confirmation at the USDA National Veterinary Services Laboratory. Any facility with a CWD-suspect or confirmed positive sample will immediately be quarantined by the state wildlife veterinarian, and no movement certificates allowing movement into the facility will be issued except as authorized by the state wildlife veterinarian in accordance with an approved herd disease response plan. Additionally, any facility that is or has been in possession of a deer that was in a CWD-suspect or CWD-confirmed positive facility shall be quarantined, and no movement certificates allowing movement into the facility will be issued until it is determined that the facility is not epidemiologically linked to the CWD suspect or confirmed positive deer or is determined upon further testing that the suspect deer is not a confirmed positive.
[5]9. Big game hunting preserve permittees shall report escaped animals, and entry of any free-ranging cervids into the facility immediately to a[n agent of the department] conservation agent.
[6]10. [Confirmed positive results from any disease test for a cervid must be verbally reported by the permit holder to a conservation agent or regional protection supervisor of the department within twenty four (24) hours of receiving the report and provide a copy of the testing report to the state wildlife veterinarian of the department within seventy-two (72) hours.] The holder of a Big Game Hunting Preserve Permit must ensure that all CWD test results required by this section are submitted to the state wildlife veterinarian by the USDA-approved diagnostic laboratory within seven (7) days of completion of testing. In the event of confirmed positive results from a Chronic Wasting Disease test, the permit holder shall comply with a herd disease response plan approved by the department. The plan may include, but not be limited to, quarantine requirements, testing and depopulation, premises cleaning and disinfection, additional fencing requirements, and restocking guidelines. Failure to comply with an approved herd disease response plan may result in the suspension or revocation of permit privileges.
[7]11. All [ungulates] Class Ill cervids listed on the Approved Confined Species List in 3
CSR 10-9.105 for Class Ill wildlife breeders acquired by a holder of a Big Game Hunting
Preserve Permit must be individually identified on a [Breeder's Movement Certificate or a
Certificate of Veterinary Inspection] Movement Certificate issued by the department. A
[Breeder's] Movement Certificate [may]must be completed by the breeder[. The form must]
and list the official identification, age, gender, species, complete address of both the origin and
destination, and the complete [address and name of buyer and seller]name, address, and
permit number of all parties to the transaction. The original form must accompany the
shipment and a copy shall be maintained [by the herd of origin] for at least five (5) years by the
permit holders, unless otherwise documented in a department-provided database. All
other cervids and ungulates acquired by a holder of a Big Game Hunting Preserve Permit
must be individually identified on a Breeder's Movement Certificate issued by the
Missouri Department of Agriculture. A Breeder’ s Movement Certificate must be
completed by the breeder and contain complete and accurate information including the
official identification, age, gender, species, complete address of birth, origin, and
destination, and complete address and name of buyer and seller. The Breeder's
Movement Certificate must accompany the shipment and a copy maintained for at least
five (5) years by the permit holder. [Sources for]The source of all Class Ill cervids listed
on the Approved Confined Wildlife Species List in 3 CSR 10·9.105 for Class Ill wildlife
breeders must be a Class Ill breeder facility. The source of all other cervids must be a herd that is enrolled in a United States Department of Agriculture approved Chronic Wasting Disease herd certification program.
[8]12. New permits for big game hunting preserves will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department; except, new permits may be issued during this time period for the existing location of a big game hunting preserve with a valid permit.
[9]13. Live cervids imported into the state shall not be held in a licensed big game hunting
preserve. Only cervids born inside the state of Missouri may be propagated, held in captivity,
and hunted on big game hunting preserves. Prior to accepting any cervid, the big game
hunting preserve must obtain evidence that the cervid was born inside the state of
Missouri, such as relevant portions of the breeder's herd certification inventory and
movement certificates. The big game hunting preserve shall maintain such
documentation for five years and provide to the department upon request.
14. Within thirty (30) days from the revocation or expiration of a licensed Big Game Hunting Preserve Permit for any reason and prior to the removal of any fencing, the permit holder must remove all animals from the premises either by depopulation with approval by a conservation agent, or transfer to a licensed big game hunting preserve with approval by the state wildlife veterinarian. Facilities with a CWD positive within the past five (5) years must depopulate upon revocation or expiration of their permit.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 10.765. Original rule filed Jan. 19, 1972, effective Feb. 1, 1972. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC ENTITY COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE ENTITY COST: This proposed amendment will cost private entities up to an estimated annual aggregate of six hundred fifty dollars ($650).
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
PRIVATE ENTITY COST
I. RULE NUMBER
Title: 3 - Department of Conservation |
Division: 10 Conservation Commission |
Chapter: 9 Confined Wildlife: Privileges, Permits, Standards |
Type of Rulemaking: Proposed Amendment |
Rule Number and Name: 3 CSR 10-9.565 Licensed Hunting Preserve: Privileges |
II. SUMMARY OF FISCAL IMPACT
Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule: |
Classification by types of the business entities which would likely be affected: |
Estimate in the aggregate as to the cost of compliance with the rule by the affected entities: |
13
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Number individuals needing to purchase a Class 3 Breeder Permit
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Estimated annual aggregate: $650
|
III. WORKSHEET
13 (Number of individuals needing to purchase a Class 3 breeder permit) X $50 (annual cost for class three breeder permit) = $650
IV. ASSUMPTIONS
Estimate 13 individuals needing to purchase a Class 3 breeder permit that previously were not required to.
The proposed amendments clarify the expectation to keep up to date records on a daily basis and to accommodate an on-line department provided database for inventory records in the future.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Big game hunting preserve permittees shall keep a daily log that completely and accurately contains [permanent record, by date, of] the number of each species held, acquired, propagated, [sold,] released, [the number of each species] taken[ on the preserve], and the full name, address, and permit number (if applicable) of each buyer, seller, shooter, and/or taker, on forms provided by the department or on a department-provided database. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. [The holder of a ]Big Game Hunting Preserve [P]permit holders must establish and maintain a complete and accurate system of inventory for all acquired ungulates that includes the following for each animal: permanent physical identification, species, date of birth, gender, date of acquisition, complete address of source, complete address and name of both the current and previous owner, mortality date, cause of death (if known), official Chronic Wasting Disease test results as required in 3 CSR 10-9.565 (1)(B)[4]5., method and location of carcass disposal, and the numbers from the Licensed Hunting Preserve Permit of the hunter and locking leg seal (if applicable). ]These records and applicable state and federal animal health and movement records and permits for each animal All applicable state and federal animal health and movement records (including certificates of veterinary inspection), inventory records, breeder inventory records, if applicable, and testing records shall be maintained on the premises of the licensed big game hunting preserve for at least five (5) years and shall be subject to inspection and copying by a[n authorized agent of the department] conservation agent at any reasonable time. (2) Game bird hunting preserve permittees shall keep a complete, accurate and permanent record of the number of each species acquired, propagated, sold, released, the number of each species taken and the full name and address of the taker.
(3) These records and applicable state and federal animal health records and permits for each animal shall be maintained on the premises of the licensed hunting preserve and shall be subject to inspection by an authorized agent of the department at any reasonable time.
[(4) Big Game Hunting Preserve Permit holders exercising the privileges provided in 3 CSR 10-9.353 shall also meet record keeping requirements specified in 3 CSR 10-9.359.]
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* Emergency rule filed March 11, 2002, effective March 21, 2002, expired Sept. 16, 2002. Original rule filed March 11, 2002, effective July 30, 2002. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment reestablishes the commercial fishing seasons, methods, and limits for taking common carp and grass carp in certain streams and establishes restrictions on the use of commercial fishing gear.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(12) Invasive fish, common carp, and grass carp that jump from the water on or into a watercraft, or onto land, may be taken and possessed in any number. Invasive fish may not be transported from waters of the state where taken unconfined or in water.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment authorizes the selling of common and grass carp to commercial establishments by contractors in a department contracted invasive fish removal project.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(2) Individuals under contract with the department and their authorized assistants may take, possess, and transport invasive fish, common carp, and grass carp in accordance with the terms of the contract during a department sponsored invasive fish removal project, and may donate or sell such fish to a commercial establishment when possession is accompanied by a valid invoice or bill of sale showing the date, name and address of the contractor, and the weight of each species.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed March 2, 2020, effective Aug. 30, 2020. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(2) The commercial processor shall post a notice and inform patrons of the provisions of this rule and shall keep accurate records of all cervids and black bears processed and stored. The commercial processor shall dispose of all cervid and black bear carcasses (or parts thereof, except for cervid hides from which all excess tissue has been removed) not returned to patrons in a permitted sanitary landfill or transfer station[ permitted by the Missouri Department of Natural Resources], and retain proof of disposal. The records of all cervids and black bears processed and stored, and proof of disposal, shall be retained for twelve (12) months. All records and stored cervids and black bears shall be made available for inspection by an authorized agent of the department at any reasonable time.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 28, 1992, effective Dec. 3, 1992. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
This amendment adds exceptions for specified cervid parts from the requirement for cervid carcass parts not returned to the patron to be disposed of in a sanitary landfill or transfer station and removes the requirement that taxidermists dispose of cervid waste in sanitary landfills or transfer stations that are permitted specifically by the Missouri Department of Natural Resources.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(5) All licensed taxidermists and tanners shall keep accurate, up-to-date records of the number and species of all wildlife received, the full name and address of the consignor (or seller of furbearers), the dates of all transactions and disposition of all wildlife, and the specific locations where all tanned or mounted wildlife is being exhibited or displayed on a form approved or provided by the department. Printed copies of this form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Licensed taxidermists and tanners shall dispose of all cervid carcasses (or parts thereof, except for cervid hides from which all excess tissue has been removed, antlers, antlers attached to skull plates or skulls cleaned of all muscle and brain tissue, upper canine teeth, and finished taxidermy products) not returned to patrons and carrion beetles and their waste in a permitted sanitary landfill or transfer station[ permitted by the Missouri Department of Natural Resources], and retain proof of disposal. These records and wildlife shall be available for inspection by an authorized agent of the department at any reasonable time. All completed records required by this rule, including proof of disposal of cervid carcass parts, shall be retained for three (3) years. Renewal of a permit shall be conditioned upon compliance with this rule.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 27, 1975, effective Dec. 31, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment removes Lake Paho Conservation Area from prohibited for waterfowl hunting and removes Yellow Creek Conservation Area from a 1:00 pm closure for waterfowl hunting.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(2) On Lake Girardeau Conservation area, [W]waterfowl hunting is prohibited. [on the following department areas:
(A) Lake Girardeau Conservation Area
(B) Lake Paho Conservation Area]
(3) Waterfowl hunting is prohibited after 1:00 p.m. on designated portions of the following department areas:
[(T) Yellow Creek Conservation Area]
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment removes Empire District Electric Company (Ozark Beach Recreation Area), due to a termination of the Community Assistance Program (CAP) agreement, from the rule establishing closed hours for uses other than fishing and other conservation-related recreation at areas managed in cooperation with other public entities.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(1) Closed Hours. The following areas are closed to public use from 10:00 p.m. to 4:00 a.m. daily; however, hunting, fishing, trapping, dog training, camping, launching boats, and landing boats are permitted at any time on areas where these activities are authorized, except as further restricted in this chapter.
[(G) Empire District Electric Company (Ozark Beach Recreation Area)]
[(H)](G) Kearney (Jesse James Park Lake)
[(I)](H) Kirksville (Hazel Creek Lake, Spur Pond)
[(J)](I) Lancaster (City Lake, Paul Bloch Memorial Pond)
[(K)](J) La Plata City Lake
[(L)](K) Liberty (Fountain Bluff Park Ponds Nos. 1, 2, 3, 4, 5, 6, 7, and 8)
[(M)](L) Macon County (Fairground Lake)
[(N)](M) Marceline (Marceline City Lake, Old Marceline City Reservoir)
[(O)](N) Memphis (Lake Showme)
[(P)](O) Milan (Elmwood Lake)
[(Q)](P) Monroe City (Route J Reservoir)
[(R)](Q) Palmyra (Akerson Access)
[(S)](R) Pemiscot County (Triangle Boat Club Access)
[(T)](S) Pleasant Hill (Pleasant Hill City Lake and Porter Park Lake)
[(U)](T) Rockaway Beach Access
[(V)](U) Sedalia Water Department (Spring Fork Lake)
[(W)](V) Springfield City Utilities (Fellows Lake, Lake Springfield, Tailwaters Access)
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 1, 2001, effective Oct. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment allows for boats without motors on Sedalia (Clover Dell Park Lake) and restricts boats to no wake speed on Watkins Mill State Park (Williams Creek Lake), areas under management agreement with the department.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Chapter 12—Wildlife Code: Special Regulations for Areas Owned by Other Entities
Proposed Amendment
(2) Boats are prohibited on the following areas:
(R) Liberty (Capitol Federal® Sports Complex Ponds Nos. 1, 2, 3, 4, 5, 6, 7, and 8);
(S) Mexico (Kiwanis Lake);
(T) Mineral Area College (Quarry Pond);
(U) Overland (Wild Acres Park Lake);
(V) Pleasant Hill (Porter Park Lake);
(W) Potosi (Roger Bilderback Lake);
(X) Raymore (Johnston Lake);
(Y) Rolla (Schuman Park Lake);
(Z) St. Ann (Gendron Lake);
(AA) St. Charles (Fountain Lakes Pond, Kluesner Lake, Moore Lake, Skate Park Lake);
(BB) St. James (Scioto Lake)
(CC) St. Joseph (Krug Park Lagoon)
(DD) St. Louis (Benton Park Lake, Boathouse Lake, Fairgrounds Park Lake, Horseshoe Lake, Hyde Park Lake, Jefferson Lake, Lafayette Park Lake, North Riverfront Park Lake, O’Fallon Park Lake, North Lake, South Lake);
(EE) St. Louis County (Bee Tree Park Lake, Blackjack Lake, Carp Lake, Fountain Lake, Island Lake, Jarville Lake, Tilles Park Lake);
(FF) Sedalia ([Clover Dell Park Lake, ]Liberty Park Pond);
(GG) Taos (Taos Countryside Park Lake);
(HH) Tipton (Tipton Park Lake);
(II) Union (Union City Lake);
(JJ) Watershed Committee of the Ozarks (Valley Water Mill Lake); and
(KK) Wentzville (Community Club Lake, Heartland Lake).
(4) Only boats without motors may be used on the following areas:
(A) Columbia (Stephens Park Lake, Twin Lakes); and
(B) Sedalia (Clover Dell Park Lake).
(6) Outboard motors in excess of ten (10) horsepower may be used but must be operated at slow, no-wake speed on the following areas:
(A) Bethany (North Bethany City Reservoir);
(B) Brookfield City Lake;
(C) Cameron (Grindstone Lake);
(D) Fayette (D.C. Rogers Lake, Peters Lake);
(E) Fredericktown City Lake;
(F) Little River Drainage District (Headwaters Diversion Channel);
(G) Higginsville (Higginsville City Lake, Upper Higginsville City Lake);
(H) Holden City Lake;
(I) La Plata City Lake;
(J) Macon City Lake;
(K) Marceline (Marceline City Lake, Old Marceline City Reservoir);
(L) Mark Twain National Forest (Council Bluff Lake, Palmer Lake);
(M) Maysville (Willow Brook Lake);
(N) Memphis (Lake Showme);
(O) Milan (Elmwood Lake);
(P) Moberly (Rothwell Park Lake, Sugar Creek Lake, and Water Works Lake);
(Q) Monroe City (Route J Reservoir);
(R) Unionville (Lake Mahoney); and
(S) Wakonda State Park (Agate Lake and Wakonda Lake)[; and].
[(T) Watkins Mill State Park (Williams Creek Lake).]
(8) Outboard motors of any size may be used on the following areas, but must be operated at slow, no-wake speed:
(A) Concordia (Edwin A. Pape Lake);
(B) Odessa City Lake; [and]
(C) Pleasant Hill (Pleasant Hill City Lake)[.]; and
(D) Watkins Mill State Park (Williams Creek Lake).
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 4.116. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
The proposed amendment removes common and grass carp from the definition of Invasive fish in the Code.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
(35) Invasive fish: Shall include fish defined as prohibited in 3 CSR 10-4.117(C) and the following:
(A) Bighead carp (Hypophthalmichthys nobilis)
[(B) Common carp (Cyprinus carpio)]
[(C) Grass carp (Ctenopharyngodon Idella)]
[(D)](B) Silver carp (Hypophthalmichthys molitrix)
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 11.805. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
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