(2) Any cervid taken from the wild in Chronic Wasting Disease Management Zone counties (see 3 CSR 10-4.200(1)) shall be reported through the Telecheck Harvest Reporting System as required by 3 CSR 10-7.431 prior to transporting the carcass (or parts thereof) outside the county of harvest. Carcasses (or parts thereof) from all cervids taken in Chronic Wasting Disease Management Zone counties that are transported outside the county of harvest shall be delivered to a licensed meat processor or taxidermist within forty-eight (48) hours of exit from the county of harvest, except -

  (A) Meat that is cut and wrapped;

  (B) Meat that has been boned out;

  (C) Quarters or other portions of meat with no part of the spinal column or head attached;

  (D) Hides from which all excess tissue has been removed;

  (E) Antlers;

  (F) Antlers attached to skull plates or skulls cleaned of all muscle and brain tissue;

  (G) Upper canine teeth;

  (H) Finished taxidermy products; and

  (I) Heads may be delivered to any department disease surveillance sampling station or department-approved disease surveillance sampling station within forty-eight (48) hours of exit from the county of harvest except as required by 3 CSR 10-4.200(3).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 14, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 (4) Length Limits: All bluegill, green sunfish, and bullheads more than five inches (5") in total length and other fish more than twelve inches (12") in total length must be returned to the water unharmed immediately after being caught by the methods prescribed in this rule, except there are no length limits for invasive fish, common carp, grass carp, gizzard shad, and goldfish.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(6) Confined wildlife held within the provisions of this chapter, and any facilities used to hold such wildlife are subject to inspection by a conservation agent at any reasonable time. Refusal to allow access for an inspection shall constitute sufficient cause for suspension or revocation of permit privileges.

[(6)](7) Confined wildlife held under permit within the provision of this chapter shall include only those species listed on the following Approved Confined Wildlife Species List[:].

Approved Confined Wildlife Species List

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 9, 1993, effective Jan. 1, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) Cages, pens, or other enclosures for confining wildlife shall be well braced, securely fastened to the floor or ground, covered with a top as required and constructed with material of sufficient strength to prevent escape. Animals may not be released to the wild and must be confined at all times in cages, pens, or enclosures except in lead or drag races or birds held under a falconry permit or as otherwise permitted in this chapter. Except for unweaned young, Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox may not roam freely anywhere within a residence or inhabited dwelling. The following requirements shall be met:

    (A) Any person holding any wildlife in confinement under permit within the provision of this chapter shall report all escapes immediately to a conservation agent.

    [(A)](B) Clean drinking water shall be available in adequate amounts at all times. Semiaquatic animals, such as beaver and muskrat, shall be provided a pool of sufficient water depth for the animal to completely submerge;

    [(B)](C) A shelter shall be provided for security and protection from inclement weather. Shade or an overhead structure shall be provided in warm seasons;

    [(C)](D) [Captive] Confined wildlife shall be fed daily or as required with a diet appropriate to the species and the age, size, and condition of the animal. Feeding containers shall be kept clean and uneaten food removed within a reasonable time;

    [(D)](E) Animal wastes shall be removed daily and disposed of properly. If bedding is provided, it shall be cleaned out and replaced every two (2) weeks; and

    [(E)](F) Facilities for holding captive-reared migratory waterfowl must be designed to prevent escape to surrounding properties and managed to prevent contact with non-captive migratory waterfowl. Captive-reared mallard ducks may be temporarily released for flight exercise beginning one (1) hour after sunrise.  Facilities must be designed to re-capture such ducks, and a reasonable effort must be made to re-capture them by one (1) hour after sunset each day.

    [(F)](G) Captive-reared mallard ducks must be physically marked prior to six (6) weeks of age by removal of the hind toe from the right foot, or by tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot. Other captive-reared migratory waterfowl must be physically marked prior to six (6) weeks of age by at least one (1) of the following methods and as provided in federal regulations:

1. Removal of the hind toe from the right foot;

2. Pinioning of a wing; provided that this method shall be the removal of the metacarpal bones of one (1) wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight;

3. Banding of one (1) metatarsus with a seamless metal band; and

4. Tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot.

NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)

(2) Cages, pens, or other enclosures for Class I and Class III wildlife shall meet the following standards:

       Space Per

                   Minimum          Each             Enclosure

                   Enclosure         Additional     Height

                    Space             Animal

Species      (sq. ft.)            (sq. ft.)           (ft.)

(A) American

    Badger              30       6         4

(B) Beaver                40       8         5

(C) Bobcat                32       8         6

(D) Coyote               80      25         6

(E) E. Cottontail Rabbit

                                   15        3         3

(F) Fox Squirrel         9        3         4
 (G) Gray Fox           40       8         5

(H) Gray

    Squirrel              9       3         4

(I) Groundhog              12        3         5

(J)  Mink                    9       3         2

(K)  Muskrat               12     5         3

(L) Nine-Banded

    Armadillo             12     4         2

(M) Otter                     36     6         4

(N) Raccoon               24     6         5

(O) Red Fox               40     8         5

(P) Virginia

    Opossum            12     3         3

(Q) Weasel                 9     3         2

(R) [White-tailed Deer, white-tailed

deer-hybrids,

mule deer, or mule

deer-hybrids] Cervids 500       125          See 3 CSR 10-9.220(3)

(4) Care of[ captive] confined turtles shall meet requirements set out in section (1). At least ten (10) gallons of water shall be provided for each adult aquatic turtle over four inches (4") in shell length, and three (3) gallons of water shall be provided for each hatchling or turtle under four inches (4") in shell length. At least four (4) square feet of ground space shall be provided for each box turtle over three inches (3") in shell length and one (1) square foot of ground space shall be provided for each hatchling or turtle under three inches (3") in shell length.

(5) Cages, pens, or other enclosures for confining Class II wildlife shall be constructed to prevent direct physical contact with the public.  At a minimum, this may be accomplished by a secondary barrier of wire mesh no smaller than eleven and one-half (11 1/2) gauge with openings of no more than nine (9) square inches, with a minimum distance of three feet (3') between animal cage and public and a minimum height of six feet (6').  Doors shall remain locked at all times with appropriate locks and chains.  Enclosures shall be constructed with a den, nest box, or connected housing unit that can be closed off and locked with the animal inside, or be a divided cage with a door between the compartments, to allow servicing and cleaning.  The enclosure mesh size or spacing of bars shall be sufficient to prevent escape.  A barrier system of wet or dry moats or structures, as approved by the American Association of Zoological Parks and Aquariums, will meet these requirements.

  (A) Class II wildlife shall be confined in cages, pens, enclosures, or in buildings of sufficient strength with restraints affixed to all windows, doors, or other means of entry or exit.

  (B) Cages, pens, or other enclosures for Class II wildlife shall meet the standards outlined in Appendix A of this rule, which is included herein.

(6) Mobile temporary [exhibit]enclosures and wildlife auction/sale facilities may be used to confine wildlife, except [white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids,] Class III wildlife, for no more than fourteen (14) days and shall meet the following criteria:

(A) Facilities or enclosures shall be of sufficient size to ensure that each animal or compatible groups of animals can stand erect, turn about freely, and lie naturally. Facilities or enclosures shall be designed to provide fresh air, be free from injurious drafts and engine exhaust fumes, and provide adequate protection from the elements. The structural strength of the facilities shall be sufficient to contain the wildlife and to withstand the normal rigors of transportation;

(B) Class I wildlife facilities or enclosures shall contain doors that are locked when unattended, but easily accessible at all times for emergency removal of the wildlife;

(C) Facilities or enclosures for Class II wildlife and bobcat, American badger, coyote, red fox, and gray fox shall be designed to prevent direct physical contact by the public and constructed of steel or case-hardened aluminum. Facilities or enclosures must have at least two (2) openings which are easily accessible at all times for emergency removal of the wildlife. Doors shall be locked at all times; and

(D) Venomous reptiles shall only be transported in a strong escape-proof enclosure capable of withstanding a strong impact. Enclosures shall be locked and prominently labeled with the owner’s full name, address, telephone number, list of species being transported, and a sign labeled VENOMOUS.

(8) Requirements of this rule shall not apply to wildlife under the care of a veterinarian or rehabilitation center, or to animals legally held in [circuses, ]publicly owned zoos[,] and American Zoo and Aquarium Association (AZA) accredited not-for-profit facilities[ bona fide research facilities or on fur farms whose sole purposes are to sell pelts or live animals to other fur farms and whose facilities meet generally accepted fur farming industry standards and adhere to provisions of sections (1), (5), and (6) of this rule].

APPENDIX A

CAGE, PEN OR OTHER ENCLOSURE STANDARDS FOR CLASS II WILDLIFE

3 CSR 10-9.220 (5) [Revised 06/24/96, 03/01/03, 03/01/07]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-3.020. Original rule filed Nov. 2, 1984, effective Feb. 11, 1985. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Class I wildlife shall include [bullfrogs and green frogs and] birds (including ring-necked pheasants and gray partridge) native to the continental United States, and those species of mammals (except bison and those listed in 3 CSR 10-9.240 and 3 CSR 10-9.250) and nonvenomous reptiles and amphibians native to Missouri. Permits to hold Class I wildlife in confinement will only be issued for the specific species of wildlife approved for each permit type on the Approved Confined Wildlife Species List in 3 CSR 10-9.105. [Elk defined as livestock pursuant to the Revised Statutes of Missouri section 277.020 that are held separate so as to prevent commingling with mule deer and white-tailed deer are exempt from permit requirements.]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 9, 1993, effective Jan. 31, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) To exercise the privileges of [both]a [Class I and]Class II wildlife breeder, except these privileges may only be exercised for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021. Fee: two hundred fifty dollars ($250).

(2) The following exemptions to the Class II breeder permit requirements of this chapter shall apply:

   (A) Wolf-hybrids are exempt from permit requirements.

   (B)  Wildlife legally held by publicly owned zoos, or Association of Zoos and                  Aquariums (AZA) accredited not-for-profit facilities are exempt from permit requirements;        however, such wildlife may not be held for personal use. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 9, 1993, effective Jan. 31, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. It is estimated that this amendment will cost the Missouri Department of Conservation three thousand two hundred fifty ($3,250) in permit sales revenue.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

PUBLIC COST

I.          Department Title: 3 – Department of Conservation

Division Title: 10 Conservation Commission

Chapter Title:  9—Wildlife Code: Confined Wildlife, Privileges, Permits, Standards

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

There are currently thirteen (13) Class II wildlife breeders holding black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, wolves and wolf-hybrids in confinement under a Class II wildlife breeder permit.  Six of these breeders are holding only wolf-hybrids and will no longer be required to have a permit.  For the remaining seven (7) breeders, when the current animals held under these permits die, are sold, given away, or otherwise disposed of, a Class II breeder permit will no longer be issued.  For these breeders, the animals could live between one (1) and fifteen (15) more years.

13 (Number of Class II breeder permits currently issued for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves and wolf-hybrids) X $250 (annual cost of a Class II breeder permit) = $3,250 one-time loss when permit no longer required or issued

 ASSUMPTIONS

This estimate assumes that the holder of a Class II breeder permit holding black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves and wolf-hybrids will not acquire additional animals (such as native venomous snakes) that would require them to continue to maintain a Class II breeder permit.  For the seven breeders holding these animals, we assume that the animals will live and a permit will continue to be required between one (1) and fifteen (15) more years.  It also assumes a one-time loss in permit revenue when the animals held under permit die, are sold, given away, or otherwise disposed of.

(1) Class I and Class II wildlife as defined in 3 CSR 10-9.230 and 3 CSR 10-9.240, may be [exhibited, propagated, reared, or] held in [captivity] confinement by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location indicated on the permit. Class I wildlife may also be propagated or reared at a specific location listed on the permit, and Class I and Class II gamebirds, amphibians, and reptiles may be propagated, reared, or exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location listed on the permit.  Applicants for a [Class I permit to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids, or a] Class II Wildlife Breeder Permit must qualify by passing with a score of at least eighty percent (80%) on a written examination provided by the department.

(2) Such wildlife may be possessed, used, sold, given away, transported, or shipped; provided, the provisions of 3 CSR 10-9.223 are followed and that state and federally-designated endangered species may not be sold without the written approval of the director;[ that skunks may not be imported, bought, sold, transported, given away, or otherwise disposed of;] that black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves may not be sold or given away to the holder of a Class II wildlife breeder permit[that live white-tailed deer, white-tailed deer-hybrids, mule deer, mule deer-hybrids, raccoons, foxes, and coyotes may not be imported]; and that wildlife may be sold or given away only to the holder of the appropriate permit, where required, except as provided in section [(9)] (5) of this rule. 

(3) A permit may be granted after satisfactory evidence by the applicant that stock will be secured from a legal source other than the wild stock of this state; that the applicant will confine the wildlife in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220; and that the applicant will prevent other wildlife of the state from becoming a part of the enterprise.  [Any person applying for a Class I or Class II Wildlife Breeder Permit to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids shall complete an application involving on-site inspections of the area prior to and following construction activities by an agent of the department to determine that all provisions of this rule are met before a permit is issued.]   

(4) Cities, towns, and counties may establish ordinances further restricting or prohibiting ownership of Class II wildlife, with approval of the department.  In instances where prohibitions apply, no permit will be issued by the department.  Persons possessing Class II wildlife must comply with all requirements of section 578.023, RSMo.

[(5) No Class I or Class II wildlife breeder permit is required for wildlife legally held by circuses, publicly owned zoos, American Zoo and Aquarium Association (AZA) accredited not-for-profit facilities, or bona fide research facilities; however, those wildlife may not be held for personal use.  Physical contact between humans and Class I and Class II wildlife in circuses must be restricted to the handlers, performers, or other circus employees.]

[(6) No Class I or Class II wildlife breeder permit is required for nonresidents possessing a valid permit issued in another state to exhibit legally possessed wildlife at special events, not to exceed seven (7) consecutive days; provided that:

(A) Notification is made to an agent of the department prior to entry of wildlife into the state.

(B) Exhibited wildlife may not be sold, offered for sale, or given away.

(C) All other provisions of this chapter shall apply, including mobile temporary exhibit confinement standards as specified in 3 CSR 10-9.220.]

[(7) All captive-reared migratory waterfowl must be confined and marked as prescribed in 3 CSR 10-9.220. No state permit shall be required of individuals holding migratory waterfowl under valid federal authorization; except that a Class I wildlife breeder permit or a licensed hunting preserve permit is required if captive-reared mallard ducks are held for the purpose of sale to or use in hunting preserves, field trials, or dog training areas, as prescribed in this chapter. Captive-reared mallard ducks may not be hunted except as prescribed in 3 CSR 10-9.565, 3 CSR 10-9.625 or 3 CSR 10-9.628 of this Code, and federal regulations.

NOTE: (For federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)]

[(8) No state permit shall be required for the propagation, sale, or display of birds of prey by persons holding a valid federal permit; provided that these birds may be used to take or attempt to take wildlife only by persons holding a valid falconry permit.]

(5)[(9)  Wildlife, except [white-tailed deer, white-tailed deer-hybrids, mule deer, mule deer-hybrids] skunks, foxes, coyotes, and raccoons may be shipped, transported, or consigned to a wildlife breeder by nonresidents without a Missouri wildlife breeder permit, but that wildlife shall be accompanied by appropriate permit or other proof of legality in the state of origin.  Persons purchasing wildlife at consignment sales shall obtain a wildlife hobby or appropriate wildlife breeder permit prior to the purchase, except nonresidents may possess and transport purchased wildlife without permit for forty-eight (48) hours following close of the sale.

(6)[(10)] Notification of the date and place of any public sale of consigned wildlife shall be provided the conservation agent of the county in which the sale will be held not less than thirty (30) days prior to the sale.

(7)[(11)] All black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves [and wolf-hybrids] defined as Class II wildlife in 3 CSR 10-9.240 and introduced into a Class II wildlife breeder operation and/or currently held under such permit are subject to the following requirements:

(A) [Within sixty (60) days of birth or acquisition,]Animals shall be permanently tagged or marked with an identification number via a subcutaneous microchip Passive Integrated Transponder tag (PIT tag) provided by the department implanted along the animal’s back between the shoulder blades, which uniquely identifies each individual animal.

(B) A blood or tissue sample sufficient for DNA analysis [and registration] for each animal shall be submitted to the department upon request.[within sixty (60) days of birth or acquisition.]

(C) The holder of a Class II wildlife breeder permit shall report the death, sale, or transfer of any animal within three (3) days to [an agent of the department]a conservation agent, including the identification number from the animal’s subcutaneous microchip. Microchips shall not be reused in other animals.

(8)[(12)] The holder of a Class I or Class II wildlife breeder permit may exhibit wildlife[, except white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids, ] at [locations other than those listed on the permit]the locations of wildlife consignment sales for the purpose of sale. Class I and Class II gamebirds, amphibians, and reptiles may be exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at locations other than those listed on the permit.

(9)[(13)] Any sale, shipment, or gift of wildlife by a Class I or Class II wildlife breeder shall be accompanied by a written statement giving [his/her]the breeder permit number and showing the number of each species and the name and address of the recipient.  [No wildlife of any kind may be liberated unless specific permission has been granted on written application to the conservation agent in the county where the release is to be made.]

[(14)] None of these privileges shall extend to permitting the act of hunting for such stock except that big game mammals may be killed for purposes of herd management by the permit holder or his/her agents, but only with authorization from an agent of the department.]

[(15) The holder of a Class I or Class II wildlife breeder permit shall report escaped animals immediately to an agent of the department.]

(10)[(16)] The holder of a Class I wildlife breeder permit may sell legally acquired game bird eggs or dressed or processed quail, pheasants, and partridges at retail and to commercial establishments under provisions of 3 CSR 10-10.743, provided all sales are accompanied by a valid invoice, and the required records are maintained by the wildlife breeder.

[(17) Except as provided in this section, the holder of a Class I or Class II wildlife breeder permit shall have an accredited veterinarian collect and submit samples from all known cases of mortality for cervids over six (6) months of age to a United States Department of Agriculture-approved laboratory for Chronic Wasting Disease testing.  The department reserves the right to require additional sampling and testing during disease investigations or morbidity/mortality events.  Animal health standards and movement activities shall comply with all state and federal regulations. The holder of a Class I or Class II wildlife breeder permit must maintain participation in a United States Department of Agriculture-approved Chronic Wasting Disease herd certification program to hold white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids; failure to participate and comply with the certification program may result in the suspension or revocation of permit privileges.     

  (A) In the event of a mass casualty/mortality event, the director of the department may exempt the holder of a Class I or Class II wildlife breeder permit from the Chronic Wasting Disease testing requirements within this rule.  The following conditions apply:

    1.  All mass casualty/mortality event exemption requests must originate from an accredited veterinarian and must be verbally reported to a conservation agent, regional protection supervisor, or the state wildlife veterinarian of the department. 

    2. The department will have access to collect and submit disease samples from all known cases of mortality for cervids, pertaining to, and in the event of a mass casualty/mortality event.]

[(18) Confirmed positive results from any disease test for a white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids must be verbally reported by the permit holder to a conservation agent or protection regional supervisor of the department within twenty four (24) hours of receiving the report and provide a copy of the testing report to the state wildlife veterinarian of the department within seventy two (72) hours of receiving the report.  In the event of confirmed positive results from a Chronic Wasting Disease test, the permit holder shall comply with a herd disease response plan approved by the department.  The plan may include, but not be limited to, quarantine requirements, testing and depopulation, premises cleaning and disinfection, additional fencing requirements, and restocking guidelines.  Failure to comply with an approved herd disease response plan may result in the suspension or revocation of permit privileges.]

[(19) All white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids acquired by a permit holder must be individually identified on a Breeder’s Movement Certificate or a Certificate of Veterinary Inspection.  A Breeder’s Movement Certificate may be completed by the breeder.  The form must list the official identification, age, gender, species, complete address of both the origin and destination, and complete address and name of both the buyer and seller.  The original form must accompany the shipment and a copy shall be maintained by the herd of origin for at least five (5) years.  Sources for white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids must be enrolled in a United States Department of Agriculture-approved Chronic Wasting Disease herd certification program.]

[(20) New permits for Class I and Class II wildlife breeding facilities for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department; except, new permits may be issued during this time period for the existing location of a Class I or Class II wildlife breeding facility with a valid permit for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids.]

(11) No Class I or II wildlife may be liberated unless specific permission has been granted on written application to the conservation agent in the county where the release is to be made.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule was previously filed as 3 CSR 10-10.755. Original rule filed Aug. 18, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

[(1)] Each Class I and Class II wildlife breeder[, except those possessing white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids,] shall maintain a complete, accurate, and current record, by date, of all transactions showing the place of origin and the numbers and species of wildlife which were possessed, propagated, bought, sold, consigned, brokered, transported, shipped, given away, used, or which have died, on forms provided by the department.  Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. These records and applicable state and federal animal health records and permits for each animal shall be maintained on the premises of the wildlife breeder and shall be subject to inspection by an authorized agent of the department at any reasonable time. 

[(2) Each Class I and Class II wildlife breeder possessing white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids will complete an annual physical herd inventory in the presence of an accredited veterinarian.  Herd inventory records must be signed by the attending accredited veterinarian and must include the following for each animal: permanent physical identification, species, date of birth, gender, date of acquisition, complete address of source, complete address and name of current and previous owner, date of removal, destination of any animal removed, mortality date, cause of death (if known), official Chronic Wasting Disease test results for all white-tailed deer, white-tailed deer-hybrids, mule deer, or mule deer-hybrids six (6) months of age or older at time of death, and method and location of carcass disposal.  These herd inventory records must be maintained to provide accountability for all purchases, sales, births, and mortality.  These records and applicable state and federal animal health and movement records and permits for each animal shall be maintained on the premises of the wildlife breeder and shall be subject to inspection by an authorized agent of the department at any reasonable time for a period of at least five (5) years.  All animals over six (6) months of age must be identified with an official ear tag or other United States Department of Agriculture approved identification device.]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* This rule was previously filed as 3 CSR 10-10.753. This version of rule filed Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) To maintain and operate a licensed hunting preserve and to buy, propagate, hold in captivity, hunt, and sell only legally obtained and captive-reared: pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed animals), except hogs may only be propagated, held in captivity, and hunted on big game hunting preserves approved specifically for hogs by the department on or before January 30, 2015.

(2) Any person applying to establish a licensed hunting preserve shall complete an application involving on-site inspections of the area prior to and following construction activities by an agent of the department to determine that all provisions of this rule and 3 CSR 10-9.565 are met before a permit is issued. The Licensed Hunting Preserve Permit holder may designate an authorized representative on the permit to act on the permit holder’s behalf, but the Licensed Hunting Preserve Permit holder shall be responsible for compliance with the permit requirements.  If the authorized representative changes, the licensed hunting preserve permit holder shall provide updated information to the department.

Fees:

  (A) Game Bird Hunting

    Preserve $100 valid for one (1) year

  (B) Big Game Hunting

    Preserve $[7]250 valid for [three (3)]one (1) year[s]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* This rule previously filed as 3 CSR 10- 10.760. This version of rule filed Jan. 19, 1972, effective Feb. 1, 1972. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

PUBLIC 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.

(1) Big game hunting preserve permittees shall keep a daily log that completely and accurately contains [permanent record, by date, of] the number of each species held, acquired, propagated, [sold,] released, [the number of each species] taken[ on the preserve], and the full name, address, and permit number (if applicable) of each buyer, seller, shooter, and/or taker, on forms provided by the department or on a department-provided database. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org.  [The holder of a ]Big Game Hunting Preserve [P]permit holders must establish and maintain a complete and accurate system of inventory for all acquired ungulates that includes the following for each animal: permanent physical identification, species, date of birth, gender, date of acquisition, complete address of source, complete address and name of both the current and previous owner, mortality date, cause of death (if known), official Chronic Wasting Disease test results as required in 3 CSR 10-9.565 (1)(B)[4]5., method and location of carcass disposal, and the numbers from the Licensed Hunting Preserve Permit of the hunter and locking leg seal (if applicable). ]These records and applicable state and federal animal health and movement records and permits for each animal All applicable state and federal animal health and movement records (including certificates of veterinary inspection), inventory records, breeder inventory records, if applicable, and testing records shall be maintained on the premises of the licensed big game hunting preserve for at least five (5) years and shall be subject to inspection and copying by a[n authorized agent of the department] conservation agent at any reasonable time.  (2) Game bird hunting preserve permittees shall keep a complete, accurate and permanent record of the number of each species acquired, propagated, sold, released, the number of each species taken and the full name and address of the taker.

(3) These records and applicable state and federal animal health records and permits for each animal shall be maintained on the premises of the licensed hunting preserve and shall be subject to inspection by an authorized agent of the department at any reasonable time.

[(4) Big Game Hunting Preserve Permit holders exercising the privileges provided in 3 CSR 10-9.353 shall also meet record keeping requirements specified in 3 CSR 10-9.359.]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* Emergency rule filed March 11, 2002, effective March 21, 2002, expired Sept. 16, 2002. Original rule filed March 11, 2002, effective July 30, 2002. For intervening history, please consult the Code of State Regulations. Amended: Filed December 11, 2020.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(5) All licensed taxidermists and tanners shall keep accurate, up-to-date records of the number and species of all wildlife received, the full name and address of the consignor (or seller of furbearers), the dates of all transactions and disposition of all wildlife, and the specific locations where all tanned or mounted wildlife is being exhibited or displayed on a form approved or provided by the department. Printed copies of this form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Licensed taxidermists and tanners shall dispose of all cervid carcasses (or parts thereof, except for cervid hides from which all excess tissue has been removed, antlers, antlers attached to skull plates or skulls cleaned of all muscle and brain tissue, upper canine teeth, and finished taxidermy products) not returned to patrons and carrion beetles and their waste in a permitted sanitary landfill or transfer station[ permitted by the Missouri Department of Natural Resources], and retain proof of disposal. These records and wildlife shall be available for inspection by an authorized agent of the department at any reasonable time. All completed records required by this rule, including proof of disposal of cervid carcass parts, shall be retained for three (3) years. Renewal of a permit shall be conditioned upon compliance with this rule.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 27, 1975, effective Dec. 31, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) Closed Hours. The following areas are closed to public use from 10:00 p.m. to 4:00 a.m. daily; however, hunting, fishing, trapping, dog training, camping, launching boats, and landing boats are permitted at any time on areas where these activities are authorized, except as further restricted in this chapter.

 [(G) Empire District Electric Company (Ozark Beach Recreation Area)]

[(H)](G) Kearney (Jesse James Park Lake)

[(I)](H) Kirksville (Hazel Creek Lake, Spur Pond) 

[(J)](I) Lancaster (City Lake, Paul Bloch Memorial Pond)

[(K)](J) La Plata City Lake

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

[(M)](L) Macon County (Fairground Lake)

[(N)](M) Marceline (Marceline City Lake, Old Marceline City Reservoir)

[(O)](N) Memphis (Lake Showme)

[(P)](O) Milan (Elmwood Lake)

[(Q)](P) Monroe City (Route J Reservoir)

[(R)](Q) Palmyra (Akerson Access)

[(S)](R) Pemiscot County (Triangle Boat Club Access)

[(T)](S) Pleasant Hill (Pleasant Hill City Lake and Porter Park Lake)

[(U)](T) Rockaway Beach Access  

[(V)](U) Sedalia Water Department (Spring Fork Lake)

[(W)](V) Springfield City Utilities (Fellows Lake, Lake Springfield, Tailwaters Access)

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed June 1, 2001, effective Oct. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed January 22, 2021.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.