Wildlife Code - Proposed Regulation Changes

Body

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.

Summary:

This amendment clarifies the reference to the genus Cherax as it is now identified in countries other than Australia and adds the electric blue crayfish to the list of prohibited species.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 4—Wildlife Code:  General Provisions

Proposed Amendment

 

 

(2) For the purpose of this rule, prohibited species of wildlife shall include the following:

(D) Invertebrates: New Zealand mudsnail, Potamopyrgus antipodarum; rusty crayfish, Faxonius rusticus; marbled crayfish, Procambarus virginalis; [Australian ]crayfish of the genus Cherax; electric blue crayfish, Procambarus alleni; mitten crabs of the genus Eriocheir; zebra mussels, Dreissena polymorpha; quagga mussels, Dreissena rostriformis; mystery snails of the genus Cipangopaludina.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 20, 2005, effective Sept. 30, 2005. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

This amendment allows persons fifteen (15) years of age or younger to take fish without permit using all methods authorized by Chapter 6 of the Wildlife Code and removes a reference to cable restraint device requirements from subsection (1)(I) of this rule that is no longer applicable.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

(1) Any person who chases, pursues, takes, transports, ships, buys, sells, possesses, or uses wildlife in any manner must first obtain the prescribed hunting, fishing, trapping, or other permit, or be exempted under 3 CSR 10-9.110, with the following exceptions:

  (D) Any person fifteen (15) years of age or younger may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where prescribed); [except that fish may be taken only by gig, bow, crossbow, snagging, snaring, grabbing, and by pole and line;]

 (I) Any resident of Missouri fifteen (15) years of age or younger may take wildlife as provided in Chapter 8 without permit[, except for cable restraint device requirements in rule 3 CSR 10-8.510 subsection (4)(B)];

AAUTHORITY: 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 27, 2021.

PUBLIC ENTITY COST: This proposed amendment will cost state agencies or political subdivisions eighteen thousand seven hundred thirty-six dollars ($18,736) annually in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will cost private entities one thousand nine hundred sixty dollars ($1,960) 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

Department Title: 3 – Department of Conservation
Division Title: 10 - Conservation Commission
Chapter Title: 5 - Permits

 

Rule Number and Name:

 

3 CSR 10-5.205 Permits Required; Exceptions.

 

Type of Rulemaking:

 

Proposed Amendment

 

II.         SUMMARY OF FISCAL IMPACT

 

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Missouri Department of Conservation

$18,736 annually in lost revenue from fishing permit sales.

 

 

 

 

III.        WORKSHEET

$20,696 (Average annual fishing permit sales revenue to youth anglers ages 6 - 14) – [$615 (Transaction costs to issue Privileges) + $1,345 (Fees paid to permit vendors for issuing permits)] = $18,736 (Annual loss in fishing permit sales/estimated yearly cost of compliance).

 

Estimated Annual Revenue from Fishing Permits Sold to Youth Anglers ages 6-14

(Based on 2018-2020 Permit Sales Data)

Permit Type

Average # of Permits

Current Permit Cost

Total Revenue

Resident Annual Fishing

1,313

$12.00

$15,756

Resident Daily Fishing

27

$8.00

$216

Non-Resident Annual Fishing

52

$49.00

$2,548

Non-Resident Daily Fishing

272

$8.00

$2,176

1,664 – Average number of fishing permits sold to youth anglers ages 6 – 14 annually.

$20,696 – Average annual fishing permit sales revenue from youth anglers ages 6 – 14.

1,664 (Average number of fishing permits sold to youth anglers ages 6-14 annually) X $0.37 (transaction cost to the department per privilege issued) = $615 (Department transaction costs to issue privileges)

$20,696 (Average annual fishing permit sales revenue from youth anglers ages 6 - 14) X 6.5% (Percentage of permit sales paid to permit vendors for issuing permits) = $1,345 (Fees paid to permit vendors for issuing permits).

  1. ASSUMPTIONS

Information is based on permit sale data maintained by the Missouri Department of Conservation. These figures are based on an average of the yearly permit sales for the past three permit years (2018-2020). This estimate is based on the assumption that youth anglers under the age of 6, and those who were 15 years of age, obtained a permit for a reason other than using a non-exempt fishing method. It is also assumed that the only reason youth anglers ages 6 – 14 purchased a permit was to use a non-exempt fishing method. The estimate assumes no change in future participation, that all permits were obtained from a permit vendor, and does not consider the loss of any funds the Department may receive from the Wildlife and Sport Fish Restoration fund.

 

FISCAL NOTE

PRIVATE COST

Department Title: 3 – Department of Conservation

Division Title: 10 - Conservation Commission

Chapter Title: 5 - Permits

 

Rule Number and Title:

 

 

3 CSR 10-5.205 Permits Required; Exceptions.

 

Type of Rulemaking:

 

Proposed Amendment

 

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:

800 Permit Vendors

Businesses contracting with the Department to sell permits.

$1,345 annually for percentage of fees earned by vendors for permit sales

1 Permit System Vendor

Business contracting with the Department to administer permit system

$615 in annual permit transaction fees earned by system vendor

 

 

$1,960 in annual costs for all private entities to comply

 

 

 

 

III.        WORKSHEET

 

$1,345 (Fees earned by permit vendors for issuing permits) + $615 (Money earned by Permit System Vendor for privilege transaction costs) =  $1960 (annual costs of compliance to private entities in the aggregate).

 

Estimated Annual Fishing Permits Sales to Youth Anglers ages 6-14

(Based on 2018-2020 Permit Sales Data)

Permit Type

Average # of Permits

Current Permit Cost

Total Revenue

Resident Annual Fishing

1,313

$12.00

$15,756

Resident Daily Fishing

27

$8.00

$216

Non-Resident Annual Fishing

52

$49.00

$2,548

Non-Resident Daily Fishing

272

$8.00

$2,176

1,664 – Average number of fishing permits sold to youth anglers ages 6 – 14 annually.

$20,696 – Average annual fishing permit sales revenue from youth anglers ages 6 – 14.

1,664 (Average number of fishing permits sold to youth anglers ages 6-14 annually) X $0.37 (transaction cost to the department per privilege issued) = $615 (Money earned by Permit System Vendor for privilege transaction costs)

$20,696 (Average annual fishing permit sales revenue from youth anglers ages 6 - 14) X 6.5% (Percentage of permit sales paid to permit vendors for issuing permits) = $1,345 (Fees earned by permit vendors for issuing permits).

  1. ASSUMPTIONS

Information is based on permit sale data maintained by the Missouri Department of Conservation. These figures are based on an average of the yearly permit sales for the past three years (2018-2020). This estimate is based on the assumption that youth anglers under the age of 6, and those who were 15 years of age, obtained a permit for a reason other than using a non-exempt fishing method. It is also assumed that the only reason youth anglers ages 6 – 14 purchased a permit was to use a non-exempt fishing method. It is also assumed that all permits were purchased through an external permit vendor and there is no change in the average number of permits sold per year.

 

 

 

 

 

 

Official public comment period: October 2, 2021 to October 31, 2021

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

All permits and method exemptions shall be[ signed and] carried by the permittee in either paper, department-issued plastic, or electronic format.  Acceptable electronic forms of permits include display of electronic images on a cellular phone or any other type of portable electronic device. All method exemptions and daily hunting and fishing tags shall be signed, and the Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) shall be signed and carried in accordance with federal regulations. Permits and method exemptions requiring a signature and carried in an electronic format shall display either a digitized image of a handwritten signature or some other form of an electronic signature. All permits, or temporary permit authorization number(s), and method exemptions shall be exhibited to any officer charged with the enforcement of this Code, or to any transportation company or postal employee when presenting wildlife for shipment.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This version of rule filed Sept. 19, 1957, effective Dec. 31, 1957. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

This amendment clarifies which persons are considered residents of Missouri for the purposes of applying for and obtaining black bear and elk hunting permits.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code:  Permits

 

PROPOSED AMENDMENT

(7) For the purposes of applying for and obtaining black bear and elk hunting permits, a Missouri resident is any person who is eligible to obtain resident permits and privileges in accordance with sections (1) and (2) of this rule.

[(7)](8) All persons who do not meet these qualifications shall possess a nonresident permit. Attendance at a Missouri school in itself does not constitute residency in the state.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 18, 1971, effective Dec. 31, 1971. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment establishes a minimum length limit of twenty-six inches (26”) for blue and flathead catfish on Mark Twain Lake and corrects the official name of the Harry S. Truman Reservoir.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons, Methods, Limits

 

PROPOSED AMENDMENT

(1) Daily Limit: Ten (10) channel catfish, five (5) blue catfish and five (5) flathead catfish, except:

(A) On Lake of the Ozarks and its tributaries and Harry S. Truman [Lake]Reservoir and its tributaries, the daily and possession limit of blue catfish is ten (10).

(B) On Bull Shoals Lake, Norfork Lake, and Table Rock Lake, the daily limit of channel catfish, blue catfish, and flathead catfish is ten (10) in the aggregate.

(C) On the Mississippi River, the daily and possession limit is twenty (20) channel catfish and blue catfish in the aggregate and ten (10) flathead catfish.

(4) Length Limits: No length limits, except:

(A) On Lake of the Ozarks and its tributaries and Harry S. Truman [Lake]Reservoir and its tributaries, blue catfish twenty-six inches (26") to thirty-four inches (34") in total length must be returned to the water unharmed immediately after being caught. The daily limit may not contain more than two (2) blue catfish more than thirty-four inches (34") in total length.

(B) On Mark Twain Lake, blue catfish and flathead catfish less than twenty-six inches (26”) in total length must be returned to the water unharmed immediately after being caught.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment establishes a statewide minimum length limit of thirty-two inches (32”) for taking paddlefish, prohibits snagging for all species on Table Rock Lake after taking the daily limit of two (2) paddlefish, and corrects the official name of the Harry S. Truman Reservoir and Dam.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons, Methods, Limits

 

PROPOSED AMENDMENT

(4) Length Limits: All paddlefish less than [twenty-four inches (24")]thirty-two inches (32”) in body length, measured from the eye to the fork of the tail, must be returned to the water unharmed immediately after being caught, except -

(A) On Lake of the Ozarks and its tributaries, Table Rock Lake and its tributaries, and Harry S. Truman [Lake]Reservoir and its tributaries, all paddlefish less than thirty-four inches (34") in body length, measured from the eye to the fork of the tail, must be returned to the water unharmed immediately after being caught.

(7) Paddlefish may not be possessed on the water or adjacent banks from Harry S. Truman Dam downstream throughout the no-boating zone and the Little Platte River from Smithville Dam downstream to U.S. Highway 169.

(8) On Lake of the Ozarks and its tributaries, Osage River below U.S. Highway 54, Table Rock Lake, and Harry S. Truman [Lake]Reservoir and its tributaries, no person shall continue to snag, snare, or grab for any species after taking a daily limit of two (2) paddlefish.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment extends the fall snagging, snaring, or grabbing season by fifteen (15) days, from January 31 to February 15, for taking all other fish and prohibits snagging for all species on Table Rock Lake after taking the daily limit of two (2) paddlefish.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons, Methods, Limits

 

PROPOSED AMENDMENT

(2) Methods and Seasons.

   (B) Fish included in this rule may be taken by snagging, snaring, or grabbing from March 15 through May 15 and from September 15 through [January 31]February 15, except:

    1. In the Osage River downstream from U.S. Highway 54 to its confluence with the Missouri River and in the impounded waters of Lake of the Ozarks and Harry S. Truman Reservoir, fish may be taken by these methods only from March 15 through April 30.

    2. In the Mississippi River, fish may be taken by these methods from March 15 through May 15 and from September 15 through December 15.

    3. On Lake of the Ozarks and its tributaries, Osage River below U.S. Highway 54, Table Rock Lake, and Harry S. Truman Reservoir and its tributaries, no person shall continue to snag, snare, or grab for any species after taking a daily limit of two (2) paddlefish.

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 August 27, 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

This amendment incorporates elk hunting on department areas into Chapter 7, defaults to statewide regulations outlined in Chapter 11, removes the reference to the Fall Deer and Turkey Hunting Regulations and Information booklet, and mirrors the Wildlife Code related to black bear hunting on department areas in Chapter 11.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

 

PROPOSED AMENDMENT

[Elk may be hunted on lands owned or leased by the department and on lands managed by the department under cooperative agreement as authorized in the current Fall Deer & Turkey Hunting Regulations and Information booklet, which is incorporated in this Code by reference. This booklet is published annually in August 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.]Elk may be hunted on department areas located within Carter, Reynolds, and Shannon counties in accordance with statewide regulations, except as further restricted in Chapter 11.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 28, 2019, effective Dec. 30, 2019. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment establishes a commercial fishing season and minimum length limit of thirty-two inches (32”) for taking paddlefish on the Mississippi River and removes a reference to an incorrect section number in the new section (9) of this rule.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code:  Commercial Permits: Seasons, Methods, Limits

 

PROPOSED AMENDMENT

(5) [From May 16 through October 14 o]On the portions of the Mississippi River defined as commercial waters, the following may not be possessed or transported while fishing by commercial methods or while possessing commercial fishing gear and shall be returned to the water unharmed immediately after being caught:

(A) Channel, blue, and flathead catfish less than fifteen inches (15") in total length;

(B) Paddlefish [less than twenty-four inches (24") in length (measured from eye to fork of tail)], except paddlefish equal to or greater than thirty-two inches (32") in length (measured from eye to fork of tail) may be transported and possessed from November 1 through April 15;

(C) Shovelnose sturgeon, except Shovelnose sturgeon twenty-four inches (24") to thirty-two inches (32") in length (measured from tip of snout to fork of tail) may be transported and possessed from October 15 through May 15 upstream from the Melvin Price Locks and Dam; and

(D) Other game fish.

 

[(6) From October 15 through May 15 on the portions of the Mississippi River defined as commercial waters unless further restricted, the following may not be possessed or transported while fishing by commercial methods or while possessing commercial fishing gear and shall be returned to the water unharmed immediately after being caught:

(A) Channel, blue, and flathead catfish less than fifteen inches (15") in total length;

(B) Paddlefish less than twenty-four inches (24") in length (measured from eye to fork of tail);

(C) Shovelnose sturgeon upstream from the Melvin Price Locks and Dam less than twenty-four inches (24") or more than thirty-two inches (32") in length (measured from tip of snout to fork of tail);

(D) Shovelnose sturgeon downstream from Melvin Price Locks and Dam; and

(E) Other game fish.]

 

[(7)](6) While on waters of the state and adjacent banks, the head and tail must remain attached to all fish, bowfin, and shovelnose sturgeon must remain whole and intact, and the ovaries of paddlefish must remain intact and accompany the fish from which they were removed.

[(8)](7) Commercial fishing gear may not be used or set within three hundred (300) yards of any spillway, lock, dam, or the mouth of any tributary stream or ditch, or in waters existing temporarily through overflow outside the banks of the specified rivers except as specified in 3 CSR 10-20.805 (14), and may not be used to take fish underneath or through the ice. 

 

[(9)](8)  Commercial gear must meet the following requirements:

  (A) Seines, gill nets, and trammel nets having a mesh smaller than two inches (2") bar measure, measured when wet, may not be used;

  (B) Hoop nets having a mesh smaller than one and one-half inches (1 1/2") bar measure, measured when wet, may not be used. Hoop net wings and leads must be a single panel, not more than six feet (6') in depth, mesh size one and one half inches (1 1/2”) bar measure, measured when wet, and made of twine not less than three sixty-fourths of an inch (3/64”) in diameter;

  (C) Hooks attached to trotlines or throwlines shall be staged not less than two feet (2') apart;

  (D) While in use, all commercial fishing gear shall be labeled with tags furnished by the department and placed as indicated on the tags. Portions of trotlines and jug or block lines, throwlines, bank lines, and limb lines must have the commercial tag number under which they are being fished attached to each line; and

  (E) Commercial fishing gear may not be possessed on waters of the state or adjacent banks that are not open to commercial fishing, except during transportation by boat from the nearest access location to commercial fishing waters as determined by the department.

 

[(10)](9) The possession of game fish except as defined as commercial fish in 3 CSR 10-20.805 [(13)] while in the act of using commercial fishing gear or aboard a boat transporting fish taken by commercial fishing gear is prohibited.

 

[(11)](10) The possession of extracted eggs of any fish species, except as provided in section ([7]6) of this rule, is prohibited while on waters of the state and adjacent banks.

 

[(12)](11) 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 Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 2021.

 

PUBLIC ENTITY COST: This proposed amendment 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 an annual aggregate of approximately three-thousand seven-hundred twenty-four dollars ($3,724).

 

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 COST

Department Title:  DEPARTMENT OF CONSERVATION

Division Title: Conservation Commission

Chapter Title: Chapter 10—Wildlife Code:  Commercial Permits: Seasons, Methods, Limits

 

Rule Number and Title:

 

 

3 CSR 10-10.725 Commercial Fishing: Seasons, Methods

Type of Rulemaking:

PROPOSED AMENDMENT

 

 

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:

 

7

 

Roe Fish Commercial Harvest Permit holders

 

$ 3,724 estimated annual aggregate of paddlefish sales

 

III.        WORKSHEET

Flesh Sales:

3,326 (average annual pounds of paddlefish harvested by Roe Fish Commercial Harvester Permit holders from 2015-2019) X $0.43 (average high flesh price per pound of paddlefish from 2018-2019) = $1,430 (estimated annual flesh sales of paddlefish collected by Roe Fish Commercial Harvester Permit holders)

Roe Sales:

230 (average annual pounds of roe collected from paddlefish harvested by Roe Fish Commercial Harvester Permit holders from 2015-2019) X $90.17 (average high paddlefish roe price per pound from 2015-2016) = $20,739 (estimated annual roe sales from paddlefish collected by Roe Fish Commercial Harvester Permit). 

Total Sales:

$1,430 (estimated annual flesh sales of paddlefish collected by Roe Fish Commercial Harvester Permit holders) + $20,739 (estimated annual roe sales from paddlefish collected by Roe Fish Commercial Harvester Permit) = $22,169 (estimated annual sales of paddlefish by Roe Fish Commercial Harvester Permit holders).

The Statewide Paddlefish Reproduction and Exploitation in Missouri’s Large Rivers and Reservoirs was referenced for the following information:

  • 0 percent of all the paddlefish population mature at twenty-four (24) inches.
  • 0 percent of the female paddlefish population mature at twenty-eight (28) inches.
  • 41 percent of the female paddlefish population are mature at thirty-two (32) inches.
  • Forty-five (i.e., 52 minus 7) percent of all paddlefish between 24 and 32 inches.

Cost to private entity:

Flesh cost:

$1,430 (estimated annual flesh sales of paddlefish) X 0.45 (estimated proportion of flesh fish between 24 and 32 inches; assuming all weigh the same) = $643.50 liberal estimated annual flesh sales loss of paddlefish by Roe Fish Commercial Harvester Permit).

Roe cost:

$20,739 (estimated annual roe sales of paddlefish) X 0.45 (estimated proportion of fish between 24 and 32 inches; assuming equal roe production) = $9,322.55 X 0.33 (estimated proportion of roe bearing paddlefish) = $3,079.74.

Total cost:

$643.5 + $3,079.74 = $3,723.24 (estimated annual sale loss of paddlefish by Roe Fish Commercial Harvester Permit holders).

ASSUMPTIONS

  • Currently commercial paddlefish harvest is open all year with a minimum length limit of twenty-four inches (24”).  Establishing a commercial fishing season and new minimum length limit of thirty-two inches (32”) may impact the sales of commercial fishers.  Harvest is focused on roe bearing females; with minor harvest on non-roe bearing paddlefish.  Female paddlefish may have roe only once every 2-3 years: up to one-third of the percent mature paddlefish are roe bearing per year.

Annual Missouri Commercial Fish Harvest reports from 2015-2019 were referenced for the following information:

  • 7 per year -The average number of Roe Fish Commercial Harvester Permits issued per year from 2015-2019. 
  • 3,326 pounds per year -The average pounds per year of paddlefish harvested from 2015-2019.
  • $0.43 per pound -The average price per pound of paddlefish flesh from 2018-2019 (highest average price).
  • 230 pounds per year -The average pounds per year of roe harvested from 2015-2019.
  • $90.17 per pound -The average price per pound of paddlefish roe from 2015-2016 (highest average price).
Official public comment period: October 2, 2021 to October 31, 2021
Summary:

This amendment adds black bear and elk hunting to the list of referenced rules attributed to species specific hunting opportunities on department areas.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

 

PROPOSED AMENDMENT

(1) Department areas may be used only as authorized by this chapter, except these rules shall not restrict department employees or their designees when conducting official events or activities. Department areas may be used only in accordance with the following.

  (B) The following activities are allowed on department areas as further authorized by this chapter.

    1. Entering or remaining on department areas, or designated portions of department

      areas (See 3 CSR 10-11.115).

    2. Possession of pets and hunting dogs (See 3 CSR 10-11.120).

    3. Field Trials (See 3 CSR 10-11.125).

    4. Use of vehicles, bicycles, horses, and horseback riding (See 3 CSR 10-11.130).

    5. Collecting of nuts, berries, fruits, edible wild greens, and mushrooms (See 3 CSR 10-11.135).

    6. Camping (See 3 CSR 10-11.140).

    7. Tree stands (See 3 CSR 10-11.145).

    8. Target shooting and use of shooting ranges (See 3 CSR 10-11.150).

    9. Decoys and Blinds (See 3 CSR 10-11.155).

    10. Use of boats and motors (See 3 CSR 10-11.160).

    11. Taking bullfrogs and green frogs (See 3 CSR 10-11.165).

    12. Hunting (See 3 CSR 10-11.180 through 3 CSR 10-11.186 and 3 CSR 10-11.190 through 3 CSR 10-11.191).

    13. Trapping (See 3 CSR 10-11.187).

    14. Fishing (See 3 CSR 10-11.200 through 3 CSR 10-11.215).

    15. Taking feral swine (See 3 CSR 10-11.220).

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 27, 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 schedule

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendments would allow bicycles on conservation area service roads (with some exceptions) and would increase the number of multi-use trails open to bicycle use.

 

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

 

PROPOSED AMENDMENT

 

 (2) Bicycles are permitted only on designated multi-use trails and on roads open to vehicular traffic, unless otherwise posted. Groups of more than ten (10) people using bicycles on department areas must obtain a special use permit. Bicycles are also permitted on locations designated as service roads in the online conservation atlas, unless otherwise posted, and except as follows:

(A) Bicycles are not allowed on service roads on department lands associated with nature and education centers, fish hatcheries, staffed ranges, offices, designated natural areas, and on the following department are

  1. Burr Oak Woods Conservation Area
  2. Busch (August A.) Memorial Conservation Area
  3. Henning (Ruth and Paul) Conservation Area
  4. Little Bean Marsh Conservation Area
  5. McCormack (Jamerson C.) Conservation Area
  6. Platte Falls Conservation Area
  7. Reed (James A.) Memorial Wildlife Area
  8. Rocky Barrens Conservation Area
  9. Star School Hill Prairie Conservation Area
  10. Twenty-Five Mile Prairie Conservation Area

(B) Locations designated as service roads in the online conservation atlas are closed to bicycling on the conservation areas listed in section (5) of this rule during all portions of the firearms deer hunting season and the spring turkey hunting seasons. 

(4) Designated multi-use trails are open for use year-round as specified on the following department areas:

   (A)Areas with multi-use trails open to bicycling—

  1. Big Creek Conservation Area
  2. Busch (August A.) Memorial Conservation Area
  3. Columbia Bottom Conservation Area
  4. Davis (The Lester R.) Memorial Forest
  5. Hart Creek Conservation Area
  6. Hinkson Woods Conservation Area
  7. Howell Island Conservation Area
  8. Klamberg (Roger) Woods Conservation Area
  9. Little Dixie Lake Conservation Area
  10. Logan (William R.) Conservation Area
  11. Steyermark (Julian) Woods Conservation Area
  12. Sunbridge Hills Conservation Area
  13. Walnut Woods Conservation Area
  14. Weldon Spring Conservation Area
  15. Youngdahl (Mark) Urban Conservation Area

   (B) Areas with multi-use trails open to equestrian use

1. Forest 44 Conservation Area

[2. Prairie Home Conservation Area]

(C) Areas with multi-use trails open to bicycling and equestrian use

  1. Bicentennial Conservation Area
  2. Big Buffalo Creek Conservation Area
  3. Busiek State Forest and Wildlife Area
  4. Flag Spring Conservation Area
  5. Huckleberry Ridge Conservation Area
  6. Prairie Home Conservation Area
  7. Reed (James A.) Memorial Wildlife Area
  8. Rockwoods Range
  9. [Saeger Woods Conservation Area]
  10. Stockton Lake Management Lands
  11. Three Creeks Conservation Area
  12. Wappapello Lake Management Lands
  13.  Wire Road Conservation Area

 

  1. Designated multi-use trails are open for use as specified except during all portions of the firearms deer hunting season and the spring turkey hunting seasons on the following department areas:

          (A) Areas with multi-use trails open to bicycling

                1.  Poosey Conservation Area (Green Hills Trail)

          (B) Areas with multi-use trails open to equestrian use

                1. Angeline Conservation Area

                [2. Bushwhacker Lake Conservation Area]

               [3. Long Ridge Conservation Area]

               [4. Scrivner Road Conservation Area]

         (C) Areas with multi-use trails open to bicycling and equestrian use—

  1. Apple Creek Conservation Area
  2. Bennitt (Rudolf) Conservation Area
  3. Bonanza Conservation Area
  4. Bunch Hollow Conservation Area
  5. Bushwhacker Lake Conservation Area

[5]6. Canaan Conservation Area

[6]7. Caney Mountain Conservation Area

[7]8. Castor River Conservation Area

[8]9. Compton Hollow Conservation Area

[9]10. Daniel Boone Conservation Area

[10]11. Deer Ridge Conservation Area

[11]12. Fort Crowder Conservation Area

13. Gist Ranch Conservation Area

[12]14. Heath (Charlie) Memorial Conservation Area

[13]15. Holly Ridge Conservation Area

[14]16. Honey Creek Conservation Area

[15]17. Lead Mine Conservation Area

[16]18. Little Indian Creek Conservation Area

[17]19. Little Lost Creek Conservation Area

20. Long Ridge Conservation Area

[18]21. Meramec Conservation Area

[19]22. Pleasant Hope Conservation Area

[20]23. Poosey Conservation Area (other than Green Hills Trail)

[21]24. Riverbreaks Conservation Area

25. Scrivner Road Conservation Area

[22]26. Sever (Henry) Lake Conservation Area

[23]27.  Sugar Creek Conservation Area

[24]28. Talbot (Robert E.) Conservation Area

[25]29. University Forest Conservation Area

 

  1. [Bicycling or e ]Equestrian use may be authorized by special use permit on the following department areas:

Atlanta Conservation Area

Current River Conservation Area

Fuson (John Alva, MD) Conservation Area

Indian Hills Conservation Area

Logan Creek Conservation Area

Marion Bottoms Conservation Area

Pony Express Lake Conservation Area

Ranacker Conservation Area

Shannon Ranch Conservation Area

Union Ridge Conservation Area (excluding Spring Creek Ranch Natural Area)

Whetstone Creek Conservation Area

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 27, 2021.

PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions thirteen thousand eight hundred twenty-five dollars ($13,825) 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.

 

FISCAL NOTE PUBLIC COST

  1. Department Title: Department of Conservation Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 11—Wildlife Code: Special Regulations for Department Areas

Rule Number and Name:

3 CSR 10-11.130 Vehicles, Bicycles, Horses, and Horseback Riding

Type of Rulemaking:

Proposed Amendment

  1. SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Department of Conservation

$13,825 – approximate one-time cost

  1. WORKSHEET

1.5 hours X 22 districts = 33 hours to review service roads and bike trails; 33 hours x

$25/hour = $825 for one-time staff review of service roads and bike trails in online conservation atlas

$13,000 – approximate one-time cost to upgrade Atlas, MDC public website, MO Outdoors app

$825 staff review + $13,000 upgrade to Atlas, MDC public website, MO Outdoors app =

$13,825 approximate one-time cost for proposed amendment

 

  1. ASSUMPTIONS

This includes a one-time thorough review and update of service roads in the online conservation atlas. An average salary range for wildlife management biologist and district supervisor was used to determine average of $25/hour salary.

This also includes a one-time update to modify the online conservation atlas, public website, and MO Outdoors app to better display service roads and where bicycles are allowed.

Updating signage on conservation areas is an ongoing, annual cost, and as part of normal business practices not included in this estimate.

No additional costs associated with the change are anticipated for the life of the rule.

 

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

This amendment incorporates elk hunting on department areas into Chapter 11, defaults to statewide regulations outlined in Chapter 11, removes the reference to the Fall Deer and Turkey Hunting Regulations and Information booklet, and mirrors the Wildlife Code related to black bear hunting on Department areas.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

 

PROPOSED AMENDMENT

[Elk may be hunted on department areas as authorized in the current Fall Deer & Turkey Hunting Regulations and Information booklet, which is hereby incorporated in this Code by reference. This booklet is published annually in August 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.]Elk may be hunted on department areas located within Carter, Reynolds, and Shannon counties in accordance with statewide regulations, except as further restricted in this chapter.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 28, 2019, effective Dec. 30, 2019. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment adds Lost Valley Fish Hatchery to areas where fishing is permitted only by reservation or education groups, reflects changes made to area lakes that provide trout fishing opportunities on Busch (August A.) Memorial Conservation Area, and deletes prior fishing methods and hours of restricted public use on Lost Valley Fish Hatchery.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

Proposed Amendment

(2) Fishing is permitted only by reservation by educational groups, and fish must be returned to the water unharmed immediately after being caught, except as provided by special use permit on the following department areas or individually named lakes:

  (A) Bass Pond, Catfish Pond, Hybrid Pond (Bellefontaine Conservation Area)

  (B) Belladonna Pond (Shepherd of the Hills Fish Hatchery)

  (C) Bois D’Arc Conservation Area Aquatic Education Pond

  (D) Bray Pond (Bray (Marguerite) Conservation Area)

  (E) Burr Oak Woods Conservation Area Aquatic Education Pond

  (F) Caldwell Memorial Wildlife Area

  (G) Lost Valley Fish Hatchery

  [(G)](H) Mule Camp Pond (Twin Pines Conservation Education Center)

  [(H)](I) Prairie Fork Conservation Area

  [(I)](J) Sunfish Lake (Hartell (Ronald and Maude) Conservation Area)

  [(J)](K) Woods (Walter) Conservation Area Aquatic Education Pond.

 (6) On Busch (August A.) Memorial Conservation Area:

(A) Fishing is permitted only on designated waters from 6:00 a.m. to 9:00 p.m. daily;

(B) On Lakes 16, 31, and 32, only flies, artificial lures, and soft plastic baits (unscented) may be used and fish must be returned to the water unharmed immediately after being caught;

(C) On Lakes 7 and 21[and 28], only flies, artificial lures, and soft plastic baits (unscented) may be used from November 1 through January 31;

(D) On Lake 12, fishing is restricted to persons fifteen (15) years of age or younger and not more than one (1) pole and line may be used by any one (1) person at any time;

(E) On Lakes 1, 2, and 15, fishing is permitted only by reservation by educational groups, and fish must be returned to the water unharmed immediately after being caught, except as provided by special use permit; and

(F) On Lakes 3, 7, 21, 22, and 23,[and 28,] from November 1 through January 31, not more than one (1) pole and line may be used by one (1) person at any time and the use of natural or scented baits as chum is prohibited.

[(7) On Lost Valley Fish Hatchery, fishing is permitted only on designated waters from 9:00 a.m. to 4:00 p.m. Tuesday through Saturday from March 1 through November 30. Fishing is restricted to persons fifteen (15) years of age or younger and not more than one (1) pole and line may be used by any one (1) person at any time.]

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 August 27, 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment reflects changes made to area lakes that provide trout fishing opportunities on Busch (August A.) Memorial Conservation Area and modifies daily limit restrictions on Lost Valley Fish Hatchery.

Title 3—DEPARTMENT OFCONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

 

PROPOSED AMENDMENT

 (7) On Busch (August A.) Memorial Conservation Area—

(A) On Lakes 7 and 21[and 28], trout must be returned to the water unharmed immediately after being caught from November 1 through January 31. Trout may not be possessed on these waters during this season. No person shall continue to fish for any species after having four (4) trout in possession from February 1 through October 31; and

(9) On Lake 12 (Busch (August A.) Memorial Conservation Area) [and Lost Valley Fish Hatchery,]the daily limit for all fish shall be two (2) in the aggregate. [On Lost Valley Fish Hatchery, no person shall continue to fish for any species after having two (2) fish in possession.]

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 27, 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment removes Buchanan County (Gasper Landing) and adds Maysville (Willow Brook Lake) to the rule which establishes 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

Chapter 12—Wildlife Code: Special Regulations for Areas Owned by Other Entities

 

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.

(A) Bethany (North Bethany City Reservoir, Old Bethany City Reservoir)

(B) Bowling Green (West Lake and Jack Floyd Memorial Lake)

(C) Brookfield City Lake

[(D) Buchanan County (Gasper Landing)]

(E)(D) Cameron (Century Lake, Eagle Lake, Grindstone Lake, and Sunrise Lake)

(F)(E) Department of Mental Health (Marshall Habilitation Center Lake)

(G)(F) Kearney (Jesse James Park Lake)

(H)(G) Kirksville (Hazel Creek Lake, Spur Pond) 

(I)(H) Lancaster (City Lake, Paul Bloch Memorial Pond)

(J)(I) La Plata City Lake

(K)(J) Liberty (Fountain Bluff Park Ponds Nos. 1, 2, 3, 4, 5, 6, 7, and 8)

(L)(K) Macon County (Fairground Lake)

(M)(L) Marceline (Marceline City Lake, Old Marceline City Reservoir)

(M) Maysville (Willow Brook Lake)

(N) Memphis (Lake Showme)

(O) Milan (Elmwood Lake)

(P) Monroe City (Route J Reservoir)

(Q) Palmyra (Akerson Access)

(R) Pemiscot County (Triangle Boat Club Access)

(S) Pleasant Hill (Pleasant Hill City Lake and Porter Park Lake)

(T) Rockaway Beach Access  

(U) Sedalia Water Department (Spring Fork Lake)

(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 August 27, 2021.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY 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.

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment removes Buchanan County (Gasper Landing) and adds Lake Luna and Upper Lake in Harrisonville to the rule which establishes provisions for hunting and trapping on 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

(1) Hunting, under statewide permits, seasons, methods, and limits, is permitted except as further restricted in this chapter and except for deer and turkey hunting as authorized in the annual Fall Deer & Turkey Hunting Regulations and Information booklet published in August and annual Spring Turkey Hunting Regulations and Information booklet published in March, which are incorporated in this Code by reference. A printed copy of these booklets can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and are also available online at www.missouriconservation.org. This rule does not incorporate any subsequent amendments or additions.

(B) Hunting is prohibited on the following areas:

    1. Bethany (Old Bethany City Reservoir);

    [2. Buchanan County (Gasper Landing);]

    [3]2. California (Proctor Park Lake);

    [4]3. Carthage (Kellogg Lake);

    [5]4. Columbia (Antimi Lake, Cosmo-Bethel Lake, Lake of the Woods, Twin Lakes);

    [6]5. Dexter City Lake;

    [7]6. Farmington (Giessing Lake, Hager Lake, Thomas Lake);

    [8]7. Fenton (Preslar Lake, Upper Fabick Lake, Westside Park Lake);

    [9]8. Fulton (Morningside Lake, Truman Lake, Veterans Park Lake);

    [10]9. Hamilton City Lake;

    [11]10. Harrisonville (Lake Luna, North Lake, Upper Lake);

    [12]11. Jackson (Rotary Lake);

    [13]12. Jackson County (Alex George Lake, Bergan Lake, Bowlin Pond, Fleming Pond, Lake Jacomo, Prairie Lee Lake, Scherer Lake, Tarsney Lake, Wood Lake, Wyatt Lake);

    [14]13. Kearney (Jesse James Park Lake);

    [15]14. Kirksville (Spur Pond);

    [16]15. Lawson City Lake;

    [17]16. Liberty (Fountain Bluff Park Ponds Nos. 1, 2, 3, 4, 5, 6, 7, and 8);

    [18]17. Macon County (Fairgrounds Lake);

    [19]18. Mexico (Lakeview Lake, Kiwanis Lake);

    [20]19. Mineral Area College (Quarry Pond);

    [21]20. Moberly (Rothwell Park Lake, Water Works Lake);

    [22]21. Mount Vernon (Williams Creek Park Lake);

    [23]22. Odessa (Lake Venita);

    [24]23. Overland (Wild Acres Park Lake);

    [25]24. Perry County (Legion Lake 1);

    [26]25. Potosi (Roger Bilderback Lake);

    [27]26. Raymore (Johnston Lake);

    [28]27. Rolla (Schuman Park Lake);

    [29]28. St. Ann (Gendron Lake);

    [30]29. St. Charles (Fountain Lakes Pond, Kluesner Lake, Moore Lake, Skate Park Lake);

    [31]30. St. James (Scioto Lake);

    [32]31. St. Joseph (Krug Park Lagoon);

    [33]32. St. Louis County (Bee Tree Park Lake, Blackjack Lake, Carp Lake, Creve Coeur Park Lake, Fountain Lake, Island Lake, Jarville Lake, Simpson Park Lake, Spanish Lake, Sunfish Lake);

    [34]33. Savannah City Lake;

    [35]34. Sedalia (Clover Dell Park Lake);

    [36]35. Sedalia Water Department (Spring Fork Lake);

    [37]36. Springfield City Utilities (Lake Springfield);

    [38]37. Union (Union City Lake)

    [39]38. University of Missouri (Thomas S. Baskett Wildlife Research and Education Center);

    [40]39. Warrensburg (Lions Lake);

    [41]40. Watershed Committee of the Ozarks (Valley Water Mill Lake);

    [42]41. Wentzville (Community Club Lake, Heartland Lake); and

    [43]42. Windsor (Farrington Park 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 August 27, 2021.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY 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.

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment establishes a minimum length limit of fifteen inches (15”) for black bass on Sikeston (Sikeston Recreation Complex Lake), an area 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) Black bass more than twelve inches (12") but less than fifteen inches (15") total length must be returned to the water unharmed immediately after being caught, except as follows:

  (A) Black bass less than fifteen inches (15") total length must be returned to the water unharmed immediately after being caught on the following lakes:

      1. Arrow Rock State Historic Site (Big Soldier Lake);

      2. Bethany (Old Bethany City Reservoir);

      3. Blue Springs (Lake Remembrance);

      4. Butler City Lake;

      5. Cameron (Century Lake, Eagle Lake, Grindstone Lake, Sunrise Lake);

      6. Carthage (Kellogg Lake);

      7. Columbia (Stephens Park Lake);

      8. Concordia (Edwin A. Pape Lake);

      9. Confederate Memorial State Historic Site lakes;

      10. Dexter City Lake;

      11. East Prairie (K. S. Simpkins Park Pond);

      12. Farmington (Hager Lake, Giessing Lake, Thomas Lake);

      13. Hamilton City Lake;

      14. Harrison County Lake;

      15. Higginsville (Higginsville City Lake, Upper Higginsville City Lake);

      16. Holden City Lake;

      17. Jackson (Litz Park Lake, Rotary Lake);

      18. Jackson County (Alex George Lake, Bergan Lake, Bowlin Pond, Lake Jacomo, Prairie Lee Lake, Scherer Lake, Tarsney Lake, Wood Lake, Wyatt Lake);

      19. Jefferson City (McKay Park Lake);

      20. Kearney (Jesse James Park Lake);

      21. Keytesville (Maxwell Taylor Park Pond);

      22. Kirksville (Hazel Creek Lake);

      23. Liberty (Fountain Bluff Park Ponds Nos. 1, 2, 3, 4, 5, 6, 7, and 8);

      24. Marble Hill (Pellegrino Lake);

      25. Mark Twain National Forest (Fourche Lake, Huzzah Pond, Loggers Lake, McCormack Lake, Noblett Lake, Roby Lake);

      26. Maysville (Willow Brook Lake);

      27. Mineral Area College (Quarry Pond);

      28. Odessa (Lake Venita);

      29. Pershing State Park ponds;

      30. Potosi (Roger Bilderback Lake);

      31. Raymore (Johnston Lake);

      32. Sikeston (Sikeston Recreation Complex Lake);

      [32]33. Unionville (Lake Mahoney);

      [33]34. University of Missouri (Dairy Farm Lake No. 1, McCredie Lake);

      [34]35. Warrensburg (Lions Lake);

      [35]36. Watkins Mill State Park (Williams Creek Lake); and

      [36]37. Windsor (Farrington Park 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 August 27, 2021.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY 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.

 

 

 

Official public comment period: October 2, 2021 to October 31, 2021
Summary:

The proposed amendment defines bicycle, electric bicycle, and the fishing method of snagging as used in the Wildlife Code, and also creates a minimum length limit of thirty-two inches (32”) for paddlefish in the commercial fish definition.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 20—Wildlife Code: Definitions

 

PROPOSED AMENDMENT

(7) Bicycle: Every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels, or two (2) parallel wheels and one (1) or two (2) forward or rear wheels, all of which are more than fourteen inches (14”) in diameter, except scooters and similar devices; also includes electric bicycles as defined in this rule.

([7]8) Bow: A device drawn and held by hand and not fastened to a stock nor to any other mechanism that maintains the device in a drawn position. This definition includes longbows, recurve bows, and compound bows.

([8]9) Cable restraint device: A device for the live-capture of certain furbearers in a non-water set by use of a cable loop made of stranded steel cable, not greater than five feet (5') long (not including extensions), with a diameter of not less than five sixty-fourths inch (5/64") and equipped with a commercially manufactured breakaway rated at three hundred fifty pounds (350 lbs.) or less, a relaxing-type lock, a stop device that prevents it from closing to less than two and one-half inches (2 1/2") in diameter, and an anchor swivel, but shall not be equipped with a compression- type choke spring, or be otherwise mechanically-powered.

([9]10) Cervid: All species of the deer family (family Cervidae) including those commonly known as white-tailed, mule, fallow, sika, red, musk, Pere David’s deer, moose, caribou, reindeer, elk, or wapiti, and all deer-hybrids.

([10]11) Chase or chased: The act of using dogs to follow wildlife or feral swine for the purpose of recreation or dog training, but not for the purpose of catching or taking that wildlife or feral swine.

([11]12) Circus: A scheduled staged event in which entertainment includes performances by trained wildlife, either native or nonnative to the continental United States, and in which physical contact between wildlife and humans is restricted to the handlers, performers, or other circus employees.

([12]13) Closed season: That period of time during which the pursuit or taking of wildlife is prohibited by this Code.

([13]14) Commercial establishment: Any place of business, owned or operated by any person or group of persons, or business concern of any kind, where ordinary trade or business practices are conducted. This term shall include, but is not restricted to, any club, association, or society where meals, lodging, or other services or facilities are furnished for a consideration, price, or fee.

([14]15) Commercial fish: All fish except endangered species as listed in 3 CSR 10-4.111(3), alligator gar, and game fish as defined in this rule. Includes those species for which sale is permitted when legally obtained. For purposes of this Code, packaged salt water species or freshwater species not found in waters of this state, when the processed fish are truly labeled as to content, point of origin, and name and address of the processor, are exempt from restrictions applicable to native commercial fish. Commercial fish include crayfish taken from waters open to commercial fishing. In the Mississippi River and that part of the St. Francis River which forms the boundary between the states of Arkansas and Missouri, commercial fish also include channel, blue, and flathead catfish at least fifteen inches (15") in total length. In the Mississippi River only, commercial fish also include paddlefish at least [twenty-four]thirty-two inches ([24]32") in length (measured from eye to fork of tail) and shovelnose sturgeon twenty-four inches to thirty-two inches (24"–32") in length (measured from tip of snout to fork of tail) upstream from Melvin Price Locks and Dam.

([15]16) Commercial waters: The flowing portions of the Missouri River, the Mississippi River except in Sand Chute below the mouth of the Salt River in Pike County, and that part of the St. Francis River which forms a boundary between the states of Arkansas and Missouri, and also waters which exist temporarily through overflow from the Mississippi River east of the Missouri Pacific Railroad between Cape Girardeau and Scott City, and east of the Mississippi River mainline and setback levees between Commerce and the Arkansas state line.

([16]17) Commission: The Conservation Commission as specified in Section 3, Reorganization Act of 1974, pursuant to Article IV, Section 40(a) of the Constitution of Missouri (see also Article IV, Section 12).

([17]18) Crossbow: A device for discharging quarrels or bolts, formed of a bow set crosswise on a stock, usually drawn by means of a mechanism and discharged by release of a trigger.

([18]19) Days or dates: All days and dates shall be inclusive. A day shall begin or end at midnight, unless otherwise specified.

([19]20) Department: The Department of Conservation as specified in Section 3, Reorganization Act of 1974, pursuant to Article IV, Section 40(a) of Constitution of Missouri (see also Article IV, Section 12).

([20]21) Director: The director of the Department of Conservation.

([21]22) Ditch: Any artificial drainageway, tributary to a stream or body of water, and containing sufficient water to support fish.

([22]23) Domicile: The place where a person has his/her true, fixed, and permanent home and principal establishment and to which whenever s/he is absent s/he has the intention of returning. It is his/her legal residence, as distinguished from his/her temporary place or abode; or his/her home, as distinguished from a place to which business or pleasure may temporarily call him/her.

([23]24) Drowning set: Trap or snare sets constructed with a solid fiber or steel rod or cable, anchored at each end, having a drowning lock attached to the trap or snare allowing the trap or snare to only slide one (1) way, and located in water at a depth sufficient for drowning.

(25) Electric Bicycle: Any two (2)- or three (3)-wheeled device equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of not more than seven hundred fifty (750) watts, and which meets one of the following three classes:

  1. "Class 1 electric bicycle,” an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour;
  2. "Class 2 electric bicycle,” an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour; or
  3. "Class 3 electric bicycle,” an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour.

([24]26) Established field trial area: One (1) contiguous tract of privately-owned land that is fenced or enclosed in a manner to reasonably prevent dogs pursuing or chasing wildlife from leaving the area, where the primary use of the land is for training dogs to pursue and chase wildlife or to conduct field trials.

([25]27) Field trial: An organized event, contest, demonstration, or trial of dogs whether or not prizes or awards of any kind are offered, and where dogs may be used to chase, locate, pursue, or retrieve wildlife.

([26]28) Firearms: Pistols, revolvers, and rifles propelling a single projectile at one (1) discharge including those powered by spring, air, or compressed gas, and shotguns not larger than ten (10) gauge.

([27]29) Flies, lures, and baits: The following are authorized for use except where restricted in 3 CSR 10-6.415, 3 CSR 10-6.535, 3 CSR 10-11.205, 3 CSR 10-12.135, and 3 CSR 10-12.150.

  1. Natural and scented baits—A natural fish food such as bait fish, crayfish, frogs permitted as bait, grubs, insects, larvae, worms, salmon eggs, cheese, corn, and other food substances not containing any ingredient to stupefy, injure, or kill fish. Does not include flies or artificial lures. Includes dough bait, putty or paste-type bait, any substance designed to attract fish by taste or smell, and any fly, lure, or bait containing or used with such substances.
  2. Soft plastic bait (unscented)—Synthetic eggs, synthetic worms, synthetic grubs, and soft plastic lures.
  3. Artificial lure—A lure constructed of any material excluding soft plastic bait and natural and scented bait as defined in (A) or (B) above.
  4. Fly—An artificial lure constructed on a single-point hook, using any material except soft plastic bait and natural and scented bait as defined in (A) or (B) above, that is tied, glued, or otherwise permanently attached.

([28]30) Furbearing animals: Furbearers: Badger, beaver, bobcat, coyote, gray fox, long-tailed weasel, mink, mountain lion, muskrat, nutria, opossum, raccoon, red fox, river otter, spotted skunk, and striped skunk.

([29]31) Game birds: American coot, American woodcock, crows, ducks, Eurasian collared dove, geese, gray partridge, mourning dove, northern bobwhite quail, ring-necked pheasant, ruffed grouse, sora rail, Virginia rail, white-winged dove, wild turkey, and Wilson’s snipe.

([30]32) Game fish: Shall include the following in which the common names are to be interpreted as descriptive of, but not limiting, the classification by Latin names.

  1. Ambloplites, all species of goggle-eye (commonly known as Ozark bass, rock bass, shadow bass) and their hybrids.
  2. Esox, all species commonly known as muskellunge, tiger muskie, muskie-pike hybrid, northern pike, chain pickerel, grass pickerel.
  3. Ictalurus, all species except bullheads, commonly known as channel catfish, blue catfish, Mississippi cat, Fulton cat, spotted cat, white cat, willow cat, fiddler cat.
  4. Lepomis gulosus, commonly known as warmouth.
  5. Micropterus, all species of black bass and their hybrids, commonly known as largemouth bass, lineside bass, smallmouth bass, brown bass, Kentucky bass, spotted bass.
  6. Morone, all species and their hybrids, commonly known as white bass, yellow bass, striped bass.
  7. Oncorynchus, Salvelinus, and Salmo, all species commonly known as salmon, char, and trout.
  8. Polyodon, all species, commonly known as paddlefish, spoonbill.
  9. Pomoxis, all species, commonly known as crappie, white crappie, black crappie.
  10. Pylodictis, commonly known as flathead catfish, goujon, yellow cat, river cat.
  11. Sander, all species and their hybrids, commonly known as walleye, pike perch, jack salmon, sauger.
  12. Scaphirhynchus platorynchus, commonly known as shovelnose sturgeon, hackleback, sand sturgeon.

([31]33) Game mammals: Black bears, cottontail rabbit, deer, elk, fox squirrel, gray squirrel, groundhog (woodchuck), jackrabbit, swamp rabbit, and furbearers as defined.

([32]34) Grab: The act of snagging or attempting to snag a fish by means of a pole, line, and hook manipulated by hand.

([33]35) Handgun: Any firearm originally designed, made, and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hand, and having a short stock designed to be gripped by one (1) hand at an angle to and extending below the line of the bore(s), with a barrel less than sixteen inches (16”) in length, measured from the face of the bolt or standing breech (excluding any muzzle device not permanently attached to the barrel), and an overall length less than twenty-six inches (26”) as measured between the muzzle of the barrel and the rearmost portion of the firearm (excluding any pistol brace, muzzle device, or other firearm accessory not permanently attached to the firearm). The use of a pistol brace is specifically authorized, and a second hand may be used for support when firing.

([34]36) Hook: Single- or multiple-pronged hooks and the ordinary artificial lures with attached single- or multiple-pronged hooks and dropper flies. A multiple-pronged hook or two (2) or more hooks employed to hold a single bait, shall be considered a single hook in counting the allowable total in use.

([35]37) Invasive fish: Shall include fish defined as prohibited in 3 CSR 10-4.117(C) and the following:

  1. Bighead carp (Hypophthalmichthys nobilis)
  2. Silver carp (Hypophthalmichthys molitrix)

([36]38) Invertebrate: Any animal lacking a backbone; this includes all animal phyla other than Chordata. (Examples include insects and other arthropods, flatworms, roundworms, segmented worms, and mollusks.)

([37]39) Length of fish: Total length is measured from the tip of the snout to the end of the tail, with the fish laid flat on the rule with mouth closed and tail lobes pressed together. The length of paddlefish is measured from the eye to the fork of the tail. The length of sturgeon is measured from the tip of the snout to the fork of the tail.

([38]40) Limit: The maximum number or quantity, total length, or both, of any wildlife permitted to be taken or held in possession by any person within a specified period of time according to this Code.

([39]41) Managed deer hunt: A prescribed deer hunt conducted on a designated area for which harvest methods, harvest quotas, and numbers of participants are determined annually and presented in the deer hunting rules (3CSR 10-7.431 and 3 CSR 10-7.436).

([40]42) Mouth of stream or ditch: The point at which a line projected along the shore of a main stream or ditch at the existing water level at time of measurement crosses any incoming stream or ditch.

([41]43) Multi-use Trail: A trail upon which hiking and at least one (1) of the following other activities are allowed concurrently: bicycling and equestrian use.

([42]44) Mussels: All species of freshwater mussels and clams. Includes all shells and alive or dead animals. Two (2) shell halves (valves) shall be considered one (1) mussel.

([43]45) Muzzleloading firearm: Any firearm capable of being loaded only from the muzzle; including any firearm capable of having the powder or propellant loaded from the breech, provided the bullet or projectile(s) is/are capable of being loaded only from the muzzle.

([44]46) Night vision equipment: Optical devices (that is, binoculars or scopes) using light amplifying circuits that are electrical or battery powered.

([45]47) Nonresident landowner: Any nonresident of Missouri who is the owner of at least seventy- five (75) acres in one (1) contiguous tract in the state of Missouri, or any member of the immediate household whose legal residence and domicile is the same as the nonresident landowner’s for at least thirty (30) days last past.

([46]48) Open season: That time when the pursuing and taking of wildlife is permitted.

([47]49) Other fish: All species other than those listed as endangered in 3 CSR 10-4.111, alligator gar, or defined in this rule as game fish.

([48]50) Persons with disabilities: A person who is blind, as defined in section 8.700, RSMo, or a person with medical disabilities which prohibits, limits, or severely impairs one’s ability to ambulate or walk, as determined by a licensed physician as follows: The person cannot ambulate or walk fifty (50) or less feet without stopping to rest due to a severe and disabling arthritic, neurological, orthopedic condition, or other severe and disabling condition; or the person cannot ambulate or walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or the person is restricted by a respiratory or other disease to such an extent that the person’s forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mmHg on room air at rest; or the person uses portable oxygen; or the person has a cardiac condition to the extent that the person’s functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association. (A person’s age, in and of itself, shall not be a factor in determining whether such person is physically disabled.)

([49]51) Poisons, contaminants, pollutants: Any substances that have harmful effect upon wildlife.

([50]52) Pole and line: Fishing methods using tackle normally held in the hand, such as a cane pole, casting rod, spinning rod, fly rod, or ice fishing tackle commonly known as a tip-up, to which not more than three (3) hooks with bait or lures are attached. This fishing method does not include snagging, snaring, grabbing, or trotlines or other tackle normally attached in a fixed position.

([51]53) Possessed and possession: The actual and constructive possession and control of things referred to in this Code.

([52]54) Public roadway: The right of way which is either owned in fee or by easement by the state of Missouri or any county or municipal entity, or which is used by the general public for travel and is also regularly maintained by Department of Transportation, federal, county, or municipal funds or labor.

([53]55) Pursue or pursued: Includes the act of trying to find, to seek, or to diligently search for wildlife or feral swine for the purpose of taking this wildlife or feral swine.

([54]56) Resident landowner: Any Missouri resident who is the owner of at least five (5) acres in one (1) contiguous tract, or any member of the immediate household whose legal residence or domicile is the same as the landowner’s for at least thirty (30) days last past, except ownership of at least twenty (20) acres in one (1) contiguous tract is required to qualify for resident landowner privileges to hunt bears, deer, elk, and turkey. In the case of corporate ownership of land or land held in trust, persons defined as landowners include Missouri residents who are -

  1. General partners of resident limited liability partnerships, limited partnerships, or limited liability limited partnerships, and general partners of general partnerships formed by written agreement;
  2. Officers of resident or foreign corporations;
  3. Managing members of resident limited liability companies;
  4. Officers of benevolent associations organized pursuant to Chapter 352 of the Revised Statutes of Missouri;
  5. Settlors of a revocable trust;
  6. Permissible distributees of an irrevocable trust.

For the purposes of this definition, settlors, revocable, and permissible distributees are defined as found in Section 456.1-103 of the Revised Statutes of Missouri.

([55]57) Sell: To exchange for compensation in any material form, and the term shall include offering for sale.

(58) Snag or Snagging: The act of hooking or attempting to hook a fish in a part of the body other than the mouth or jaw by means of a pole, line, and hook. Snagging is characterized by a repeated drawing or jerking motion of the pole, line, and hook or by trolling with an unbaited hook rather than enticement by bait or lure.

([56]59) Snare: A device for the capture of furbearers in a water-set by use of a cable loop. Snares must be constructed of cable that is at least five sixty-fourths inch (5/64") and no greater than one- eighth inch (1/8") in diameter, and must be equipped with a mechanical lock and anchor swivel.

([57]60) Speargun: A mechanically powered device that propels a single- or multiple pronged spear underwater.

([58]61) Store and storage: Shall also include chilling, freezing, and other processing.

([59]62) Take or taking: Includes killing, trapping, snaring, netting, or capturing in any manner, any wildlife or feral swine, and also refers to pursuing, molesting, hunting, wounding; or the placing, setting, or use of any net, trap, device, contrivance, or substance in an attempt to take; and every act of assistance to every other person in taking or attempting to take any wildlife or feral swine.

([60]63) Transgenic: Any organism, or progeny thereof, that contains DNA from a species that was not a parent of that organism.

([61]64) Transport and transportation: All carrying or moving or causing to be carried or moved from one (1) point to another, regardless of distance, vehicle, or manner, and includes offering or receiving for transport or transit.

([62]65) Underwater spearfishing: The taking of fish by a diver while underwater, with the aid of a manually or mechanically propelled, single- or multiple-pronged spear.

([63]66) Ungulate: Hoofed animals.

([64]67) Waters of the state: All rivers, streams, lakes, and other bodies of surface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned or leased by a single person or by two (2) or more persons jointly or as tenants in common or by corporate shareholders, and including waters of the United States lying within the state. Waters of the state will include any waters which have been stocked by the state or which are subject to movement of fishes to and from waters of the state.

([65]68) Zoo: Any publicly owned facility, park, building, cage, enclosure, or other structure or premises in which live animals are held and exhibited for the primary purpose of public viewing.

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 August 27, 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

Official public comment period: October 2, 2021 to October 31, 2021
Title
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