Proposed Regulation Changes

(1) Subject to federal regulations governing the protection of property from migratory birds (including raptors), any wildlife except white-tailed deer, mule deer, elk, turkeys, black bears, mountain lions, and any endangered species which beyond reasonable doubt is damaging property may be captured or killed by the owner of the property being damaged, or by his/her representative, at any time and without permit, but only by shooting or trapping except by written authorization of [the director]an agent of the department [or]but, for avian control, only by written authorization of the director or[ of] his/her designee. Wildlife may be so controlled only on the owner’s property to prevent further damage.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section [252.240]252.040, RSMo 2016. Original rule filed Aug. 15, 1973, effective Dec. 31, 1973.  For intervening history, please consult the Code of State Regulations. Amended: Filed August 26, 2019.

PUBLIC COST: This proposed amendment will cost the Department of Conservation approximately two thousand three hundred ninety-six dollars ($2,396) annually 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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://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: 4—Wildlife Code: General Provisions

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

48 (Estimated number of incidents each year requiring authorization) X $49.92 (Average cost for Conservation agent time per incident) = $2,396 each year for the life of the rule.

975 (Number of wildlife damage/nuisance incidents responded to by Conservation agents in Fiscal Year 2019) X 5% (Estimated percentage of these incidents that could potentially be resolved in the future through the issuance of an authorization to utilize a method other than shooting or trapping) = 48 (Estimated number of incidents each year requiring authorization).

$24.96 (Average hourly rate for Conservation agents [$8,039,450 budgeted in current fiscal year to compensate all Conservation agent Grades / 161 Conservation agents / 2000 hours allotted per full time employee each year]) X 2 (Estimated number of hours required to verify damage and issue an authorization for each incident) = $49.92 (Average Cost for Conservation agent time per incident).

IV.         ASSUMPTIONS

Information is based on incident report data maintained by the Missouri Department of Conservation and assumes 5% of future incidents related to wildlife damage/nuisance complaints will be resolved by the issuance of an authorization to utilize a method other than shooting or trapping. It currently takes a conservation agent approximately 2 hours to verify damage and issue a destruction authorization for each incident involving crop depredation caused by deer. Based on the similarities of the work, it is assumed that it will also take approximately 2 hours for a Conservation agent to verify damage and issue an authorization for each incident where a method other than shooting or trapping is necessary to control damage caused by other wildlife species. The estimated yearly cost associated with the amendment assumes no increase in the number of wildlife damage/nuisance complaints, the percentage of incidents requiring authorization, and no change in the average hourly wage of conservation agents.

(1) Wildlife may be hunted and taken only in accordance with the following: 

  (A) Motor-Driven Air, Land, or Water Conveyances. No person shall pursue, take, attempt to take, drive, or molest wildlife from or with a motor-driven air, land, or water conveyance at any time. Except as provided in 3 CSR 10-7.431, motor boats may be used if the motor has been completely shut off and its progress therefrom has ceased;

  (B) Artificial Light. No person shall throw or cast the rays of a spotlight, headlight, or other artificial light on any highway or roadway, whether public or private, or in any field, woodland, or forest for the purpose of spotting, locating, or attempting to take or hunt any game animal, except raccoons or other furbearing animals when treed with the aid of dogs, while having in possession or control, either singly or as one (1) of a group of persons, any firearm, bow, or other implement whereby game could be killed;

  (C) Night Vision and Thermal Imagery Equipment. No person may possess or control night vision or thermal imagery equipment while acting singly or as one (1) of a group of persons while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken, except by written authorization of an agent of the department and only as specifically authorized by him/her;

  (D) Dogs. Dogs may be used during the prescribed open seasons to chase, pursue, or take wildlife (except beaver, deer, elk, mink, muskrat, river otter, and turkey). All dogs used to hunt, chase, or pursue wildlife shall wear a collar while hunting that contains the full name and address, Conservation Number, or complete telephone number of the owner, except this provision does not apply to dogs used by waterfowl and game bird hunters. Furbearers, squirrels, and rabbits may not be chased, pursued, or taken with dogs during daylight hours of the November portion of the firearms deer season in Butler, Carter, Dent, Iron, Madison, Oregon, Reynolds, Ripley, Shannon, and Wayne counties or during daylight hours of the firearms portion of the elk season in Carter, Reynolds, and Shannon counties;

  (E) Dogs (Training). For training dogs, wildlife (except deer, elk, turkey, mink, muskrat, river otter, and beaver) may be chased, but not captured or killed. No person, acting singly or as one (1) of a group, may possess or use a firearm while training dogs during the closed seasons, except that a pistol with blank ammunition may be used during daylight hours only. Training dogs shall include any act of allowing dogs to chase wildlife or to teach dogs to hunt wildlife;

  (F) Falconry. Birds of prey of designated types may be used to pursue and take wildlife within the specified seasons and bag limits. Birds of prey may be possessed or used only by holders of a falconry permit;

  (G) Firearms. Firearms may be used to take wildlife (except beaver, mink, muskrat, river otter, turtles, and fish) during the open seasons, with the following limitations: For hunting game birds (except the crow), pistols, revolvers, and rifles may not be used. Except for hunting deer and elk, any shotgun having a capacity of more than three (3) shells must have the magazine cut off or plugged with a device incapable of removal through the loading end, so as to reduce the capacity to not more than three (3) shells in magazine and chamber combined. Fully automatic firearms are prohibited;

  (H) Special Firearms Provision. During the November portion and the antlerless portion of the firearms deer season in counties open to deer hunting, other wildlife may be hunted and feral hogs may be taken only with a pistol, revolver, or rifle firing a rimfire cartridge .22 caliber or smaller or a shotgun and shot not larger than No. 4, except that waterfowl hunters, trappers, landowners on their land may use other methods as specified in subsection (1)(G) of this rule;

  (I) Bows, Crossbows, and Atlatl. Bows, crossbows, and atlatl may be used to take wildlife during the prescribed hunting seasons. Arrows, bolts, and darts containing any drug, poison, chemical, or explosive are prohibited, but illuminated sights, scopes, and quickpoint sights may be used. Hand-held string releasing mechanisms are permitted with bows;

  (J) Slingshot. Slingshots may be used to take wildlife (except deer, elk, and turkey) during the prescribed hunting seasons;

  (K) Cage-Type Trap. Groundhogs, rabbits, and squirrels may be taken by cage-type trap, the opening of which may not exceed one hundred forty-four (144) square inches, during the open hunting season, at any hour, by the holder of a hunting permit. Cage-type traps shall be plainly labeled on a durable material with the user’s full name and address or Conservation Number and shall be attended daily;

  (L) Electronic Calls. Electronic calls may be used to pursue and take crows and furbearers, but without the aid of an artificial light or night vision equipment. Electronic calls or electronically-activated calls may not be used or possessed while hunting other species of wildlife except as specifically authorized;

  (M) No person shall place or scatter grain or other food items in a manner that subjects any hunter to violation of baiting rules, as defined by federal regulations and in 3 CSR 10-7.431, [and ]3 CSR 10-7.455, and 3 CSR 10-7.700 of this Code;

  (N) Wildlife Retrieval. Any person while hunting who kills or injures any wildlife shall make a reasonable search to retrieve the wildlife and take it into his/her possession; however, this does not authorize trespass;

  (O) Any properly licensed person with disabilities, as defined in this Code, may hunt and take wildlife from a stationary vehicle, provided while hunting s/he carries a physician’s statement provided by the department and signed by a licensed physician which certifies the person has either a permanent or temporary disability which qualifies him/her to hunt from a stationary vehicle. Printed copies of the physician’s statement form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. This disabled person shall provide a copy of the signed physician’s statement to the department within ten (10) days of receiving the exemption;

  (P) Any resident of Missouri under the age of eighteen (18) diagnosed with a terminal illness may use a firearm or approved method for the season to hunt and take one (1) deer and one (1) turkey during any portion of the fall firearms or archery seasons on privately-owned land upon receipt of a method exemption.  To receive a method exemption, the person must be sponsored by and participate in a hunt organized by a nonprofit charitable organization that has within its mission to provide opportunities and experiences for terminally ill persons.   For purposes of this section, “terminal illness” means an incurable or irreversible condition with a corresponding life expectancy that does not exceed twelve (12) months, which has been documented by a licensed physician.  Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967.   A method exemption shall be issued only once to an individual and will only be valid during the designated seasons within a twelve- (12-) month period;

  (Q) Hunter Orange. During the youth, November, and antlerless portions of the firearms deer hunting season, all hunters shall wear a cap or hat and a shirt, vest, or coat having the outermost color commonly known as hunter orange which shall be plainly visible from all sides while being worn. Camouflage orange garments do not meet this requirement. This requirement shall not apply to migratory game bird hunters, to hunters using archery methods while hunting within municipal boundaries where discharge of firearms is prohibited, to hunters on federal or state public hunting areas where deer hunting is restricted to archery methods, or to hunters in closed counties during the antlerless portion of the firearms deer hunting season;

  (R) Computer-Assisted Remote Hunting. Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices; and

  (S) Wildlife may not be hunted, pursued, or taken with the use of poisons or tranquilizing drugs.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. Original rule filed July 22, 1974, effective Dec. 31, 1974.  For intervening history, please consult the Code of State Regulations. Amended: Filed August 26, 2019.

PUBLIC COST: This proposed amendment will cost the Department of Conservation approximately three thousand nine hundred ninety-three dollars and sixty cents ($3,993.60) annually 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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://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: 7—Wildlife Code: Hunting: Seasons, Methods, Limits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

80 (Estimated number of incidents each year requiring authorization) X $49.92 (Average cost for Conservation agent time per incident) = $3,993.60 each year for the life of the rule.

60 (Number of authorizations estimated for Iron, Wayne, and Reynolds Counties) + 20 (Number of authorizations estimated for the remainder of the state) = 80 (Estimated number of incidents each year requiring authorization).

$24.96 (Average hourly rate for Conservation agents [$8,039,450 budgeted in current fiscal year to compensate all Conservation agent Grades / 161 Conservation agents / 2000 hours allotted per full time employee each year]) X 2 (Estimated number of hours required to verify damage and issue an authorization for each incident) = $49.92 (Average Cost for Conservation agent time per incident).

4. ASSUMPTIONS

Requests for this authorization have primarily originated from Iron, Wayne, and Reynolds Counties. Conservation agents assigned to these counties estimated they received approximately 20 requests per county that would qualify for the authorization to possess night vision or thermal imagery equipment for feral hog control during Fiscal Year 2019. Assuming an additional 20 qualifying requests are received throughout the remainder of the state, Conservation agents would issue approximately 80 authorizations per year. It takes a conservation agent approximately 2 hours to verify damage and issue a destruction authorization for each incident involving crop depredation caused by deer. Based on the similarities of the work, it is assumed that it will also take approximately 2 hours for a Conservation agent to verify damage and issue an authorization for each incident where the possession of night vision or thermal imagery equipment is authorized for feral hog control. The estimated yearly cost associated with this amendment assumes no increase in the number of requests for authorization received and no change in the average hourly wage of Conservation agents.

(2) Traps, snares, and cable restraint devices shall be plainly labeled, on durable material, with the user’s full name and address or Conservation Number. Wildlife held in traps, snares, or cable restraint devices may be killed or removed only by the user. Conibear® or other killing-type traps set under water[ and], colony traps set under water, and drowning sets shall be attended and wildlife removed at least once every forty-eight (48) hours. All other traps, snares, and cable restraint devices must be attended daily and wildlife removed or released. Traps may not be set in paths made or used by persons or domestic animals, and Conibear® or other killing-type traps may not be set along public roadways, except under water in permanent waters. Except as provided in 3 CSR 10-4.130, only cage-type traps or foot-enclosing-type traps may be set within one hundred fifty feet (150') of any residence or occupied building located within the established boundaries of cities or towns containing ten thousand (10,000) or more inhabitants. Homes, dens, or nests of furbearers shall not be molested or destroyed. Traps may be used in conjunction with electronic calls.

(4) Use of Snares and Cable Restraint Devices.

(A) Snares (except as provided in subsection (4)(B)) must be set [under]in water and must have the loop at least half (1/2) submerged. Snares (as defined in 3 CSR 10-20.805) must have a loop fifteen inches (15") or less in diameter when set and must have a stop device that prevents the snare from closing to less than two and one-half inches (2 1/2") in diameter.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.   Original rule filed Sept. 20, 1957, effective Dec. 31, 1957. For intervening history, please consult the Code of State Regulations. Amended: Filed August 26, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://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.

(1) Camping is permitted only within areas designated by signs[ or brochures.], area maps, or in accordance with posted regulations or by special use permit. Stays are limited to a period of fourteen (14) consecutive days in any thirty- (30-) day period, with the period to commence the date the site is occupied or camping within any given department area first occurs. Personal property must be removed at the end of the fourteen- (14-) day period. Total camping days on all department lands are limited to thirty (30) days within one (1) calendar year. Camping requests in excess of thirty (30) days within a calendar year may be granted with a special use permit. On those areas with established campsites, only two (2) camping or sleeping units are permitted in each site. Quiet hours are effective from 10:00 p.m. to 6:00 a.m. daily. Visitors who are not occupying a campsite are required to leave the campground by 10:00 p.m. Quiet hours are defined as the cessation of excessive noise from people or any mechanical device which causes disturbance to other campers. Campfires are allowed only in designated camping areas or by special use permit. Groups of more than ten (10) people must obtain a special use permit prior to camping.

(A) On Thomas Hill Reservoir, only one (1) camping or sleeping unit and a maximum of six (6) people are permitted in each campsite.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* This rule 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 August 26, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://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.

(11) Managed Waterfowl-Hunting Areas; Draw Participation Requirements:

  (A) Hunting party members may participate in only one (1) morn­ing drawing on the same day and may only submit one (1) Daily Waterfowl Hunting Tag per morning drawing. This includes having one (1) hunting party member submit a Daily Waterfowl Hunting Tag for another hunting party member in their absence.

  (B) A hunter must be properly licensed prior to participating in the morning drawing or applying for a reservation.

  (C) Hunting parties, including observers, may not exceed four (4), except during youth seasons.

  (D) Hunters must qualify for Missouri resident permits or be exempt from purchasing Missouri permits to apply for reservations. Hunters do not need to be a Missouri resident to reserve an Americans with Disabilities Act-accessible blind.

  (E) Hunting parties who have reserved an Americans with Disabilities Act-accessible blind are not eligible to enter an in-person drawing unless they first forfeit their Americans with Disabilities Act-accessible blind reservation for that day.

  (F) Hunters may not be registered for more than one (1) location or possess more than one (1) valid Daily Waterfowl Hunting Tag at the same time.  Hunters must check out of one (1) location prior to registering for another location.

  (G) Hunting parties must hunt in their assigned location, as designated during the morning drawing. 

  (H) Parties not registered or signed in prior to the draw time will not be allowed to enter the drawing. This includes parties with reservations.

   (I) Individuals may not be added to a party once the party has drawn.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. This rule previously filed as 3 CSR 10-4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed August 26, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://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.