Proposed Regulation Changes

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.

Related Content

Comment on Existing Regulations

We welcome your comments on current Wildlife Code regulations.

3 CSR 10- 4.111: Endangered Species

Summary

The commission is proposing to remove the peregrine falcon from the State endangered-species list.

Read and comment on the proposed changes

3 CSR 10- 4.135: Transportation

Summary

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).

Read and comment on the proposed changes

3 CSR 10- 6.550: Other Fish

Summary

The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp and their use as live bait.

Read and comment on the proposed changes

3 CSR 10- 6.605: Live Bait

Summary

The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp as live bait.

Read and comment on the proposed changes

3 CSR 10- 7.439: Deer: Chronic Wasting Disease Management Program; Permit Availability, Methods, Limits

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.105: General Provisions

Read and comment on the proposed changes

3 CSR 10- 9.110: General Prohibition; Applications

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3 CSR 10- 9.220: Wildlife Confinement Standards

Read and comment on the proposed changes

3 CSR 10- 9.223: Wildlife Movement: Certification, Requirements

Summary

This rule clarifies that all wildlife held or transported in confinement shall comply with applicable state and federal animal health standards and movement requirements.

Read and comment on the proposed changes

3 CSR 10- 9.230: Class I Wildlife

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.240: Class II Wildlife

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.250: Class III Wildlife

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.350: Class I Wildlife Breeder Permit

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.351: Class II Wildlife Breeder Permit

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.352: Class III Wildlife Breeder Permit

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.353: Privileges of Class I and Class II Wildlife Breeders

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.354: Privileges of Class III Wildlife Breeders

Summary

This rule establishes the privileges and requirements for Class III wildlife breeders

Read and comment on the proposed changes

3 CSR 10- 9.359: Class I and Class II Wildlife Breeder: Records Required

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.360: Class III Wildlife Breeder: Inventory and Records Required

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.370: Wildlife Exhibitor Permit

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.371: Wildlife Exhibitor Privileges

Summary

This rule establishes the privileges and requirements for wildlife exhibitors.

 

Read and comment on the proposed changes

3 CSR 10- 9.372: Wildlife Exhibitor Permit: Records Required

Summary

This rule establishes the record keeping requirements for the holder of a Wildlife Exhibitor Permit.

Read and comment on the proposed changes

3 CSR 10- 9.442: Falconry

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.560: Licensed Hunting Preserve Permit

Summary

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.

Read and comment on the proposed changes

3 CSR 10- 9.565: Licensed Hunting Preserve: Privileges

Summary

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. 

Read and comment on the proposed changes

3 CSR 10- 9.566: Licensed Hunting Preserve: Records Required

Summary

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.

Read and comment on the proposed changes

3 CSR 10-10.725: Commercial Fishing: Seasons, Methods

Summary

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.

Read and comment on the proposed changes

3 CSR 10-10.739: Fish Utilization Permit

Summary

The proposed amendment authorizes the selling of common and grass carp to commercial establishments by contractors in a department contracted invasive fish removal project.

Read and comment on the proposed changes

3 CSR 10-10.744: Commercial Deer Processing: Permit, Privileges, Requirements

Read and comment on the proposed changes

3 CSR 10-10.767: Taxidermy; Tanning: Permit, Privileges, Requirements

Summary

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.

Read and comment on the proposed changes

3 CSR 10-11.186: Waterfowl Hunting

Summary

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.

Read and comment on the proposed changes

3 CSR 10-12.109: Closed Hours

Summary

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.

Read and comment on the proposed changes

3 CSR 10-12.110: Use of Boats and Motors

Summary

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.

Read and comment on the proposed changes

3 CSR 10-20.805: Definitions

Summary

The proposed amendment removes common and grass carp from the definition of Invasive fish in the Code.

Read and comment on the proposed changes

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