Proposed Regulation Changes

(1) Any person possessing wildlife legally may serve it in his/her home or camp, or deliver it in person to any place customarily engaged in serving food and, within seven (7) days of delivery, may have it prepared and served to him/her. The wildlife shall be labeled with the full name, address and, where required, permit number or for deer, elk, and turkeys Telecheck confirmation number of the taker and this information, together with the species and number of wildlife and the date of delivery, shall be recorded by the recipient.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Aug. 18, 1969, effective Dec. 31, 1969.  For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) 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:

  (A) A resident landowner as defined in this Code, may hunt, trap, or fish as prescribed in Chapters 6, 7, and 8 without permit (except landowner deer, elk, and turkey hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed), but only on land s/he owns upon which s/he resides, and may transport and possess wildlife so taken;

  (B) Any resident of Missouri sixty-five (65) years of age or older 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); provided, while fishing, s/he carries a valid Missouri driver license, notarized affidavit, or similar official document proving his/her eligibility based on residency and age, and shall submit documentation for inspection by any agent of the department on request;

  (C) Any resident of Missouri sixty-five (65) years of age or older may take wildlife as provided in Chapter 7 without permit (except all special hunting permits, elk hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed); provided, while hunting, s/he carries a valid Missouri driver license, notarized affidavit, or similar official document proving his/her eligibility based on residency and age, and shall submit documentation for inspection by any agent of the department on request;

  (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;

  (E) Any person fifteen (15) years of age or younger may take wildlife (except deer, elk, and turkey) as provided in Chapter 7 without permit provided, s/he has in his/her possession a valid hunter education certificate card or s/he is in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Persons under eleven (11) years of age may not purchase firearms deer, and turkey hunting permits except as provided in subsection (1)(F) of this rule (see 3 CSR 10-5.215(4));

  (F) Any person at least six (6) but not older than fifteen (15) years of age may purchase Deer and Turkey Hunting Permits without display of a hunter education certificate card. Except as provided in subsection (1)(G)of this rule, such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967;

  (G) During the youth portions of the firearms deer hunting season and the youth spring turkey hunting season youth hunters purchasing permits as provided in subsection (1)(F) must hunt in the immediate presence of an adult who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Any adult meeting these requirements may accompany youth deer or turkey hunters as prescribed in this subsection without a permit;

  (H) Any person at least eleven (11) but not older than fifteen (15) years of age with a hunter education certificate card and a valid elk hunting permit may hunt in the immediate presence of an adult who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Any adult meeting these requirements may accompany youth elk hunters as prescribed in this subsection without a permit;

  [(H)](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);

  [(I)](J) Any person born on or after January 1, 1967, and at least sixteen (16) years of age and who does not possess a valid hunter education certificate card may purchase an Apprentice Hunter Authorization for no more than two (2) permit years (March 1 through the last day of February). The Apprentice Hunter Authorization allows the holder to purchase any firearms hunting permit (except elk hunting permits) as provided in this chapter without display of a hunter education certificate card.  Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967;

  [(J)](K) Any resident of Missouri with a developmental disability as defined in section 630.005, RSMo, born on or after January 1, 1967, and at least sixteen (16) years of age and who has taken the Hunter Education Certification Course may purchase any firearms hunting permit as provided in this chapter without display of a valid hunter education certificate card, provided s/he carries a physician’s statement provided by the department and signed by a licensed physician qualified to evaluate and treat the condition described and certifies the person has this disability. Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967, except any adult meeting these requirements may accompany such person with a developmental disability who is hunting on a valid elk hunting permit during the prescribed elk hunting season without a permit. Printed copies of the physician’s statement form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org;

  [(K)](L) Any hospital patient may fish without permit on the grounds of the hospital where under treatment;

  [(L)](M) The director may issue special fishing permits for specified dates without cost to supervised groups involved in rehabilitation programs or groups of hospital patients or persons with disabilities under therapy;

  [(M)](N) The director may issue special fishing permits authorizing persons assigned as trainees to a training or rehabilitation unit performing organized conservation or agricultural work under governmental supervision on federal, state, county, or municipal lands to take fish by gig and pole and line methods and to take frogs by fishing methods on the public lands where such conservation or agricultural work is being performed, under regulations applicable to the area. Any person while exercising such privileges shall carry identification, issued by the training agency, showing current assignment to the training or rehabilitation unit;

  [(N)](O) For educational purposes, the director may waive fishing permit or tag requirements for specified periods at specified sites and may authorize fishing in restricted waters;

  [(O)](P) Any resident of Missouri having a visual acuity not exceeding twenty/two hundred (20/200) in the better eye with maximum correction, or having twenty degrees (20°) or less field of visual concentric contraction, and any resident who is so severely and permanently disabled as to be unable to move freely without the aid of a wheelchair, 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); provided,  while fishing, s/he carries a certified statement of eligibility from a licensed ophthalmologist or optometrist or from a licensed physician;

  [(P)](Q) Any resident of Missouri with cerebral palsy or mental disorder or a mental illness as defined in section 630.005, RSMo, and who is so severely disabled that s/he cannot fish alone, 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); provided, while fishing, s/he is accompanied by a licensed adult fisherman and possesses a certified statement of eligibility from a licensed physician qualified to evaluate and treat the developmentally disabled;

  [(Q)](R) Any honorably discharged military veteran having a service-related disability of sixty percent (60%) or greater, or who was a prisoner of war during military service, or any member of the U.S. military currently assigned as a patient to a Warrior Transition Brigade, Warrior Transition Unit, or a military medical center, 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), and may take wildlife as provided in Chapter 7 without permit (except deer, elk, and turkey hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed); provided, while hunting or fishing, s/he carries a certified statement of eligibility from the U.S. Department of Veterans Affairs, or orders showing assignment to a Warrior Transition Unit or admissions verification to a military medical center;

  [(R)](S) Any Missouri resident who is the owner of land that wholly encloses a body of water, or any member of his/her immediate household, may fish without permit in those waters. In the case of corporate ownership, this privilege shall apply to those corporate owners whose domicile is on such corporate-owned land;

  [(S)](T) Any person may fish without permit, trout permit, and prescribed area daily tag during free fishing days. Free fishing days are the Saturday and Sunday following the first Monday in June; and

  [(T)](U) A customer or guest of a licensed trout fishing area may fish for trout without permit (see 3 CSR 10-9.645).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and Section 252.040, RSMo 2016. For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(6) Firearms hunting permits may not be sold to any persons born on or after January 1, 1967, unless an approved hunter education certificate card is displayed, or hunter education certification can be verified through direct access to computer data files, except that –

  (A) Any firearms hunting permit (except elk as provided in 3 CSR 10-5.205) may be sold to any person born on or after January 1, 1967, and at least sixteen (16) years of age, who purchases an Apprentice Hunter Authorization without display of a hunter education certificate card.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section [252.240]252.040, RSMo 2016.  For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

To allow the purchase of firearms hunting permits (except elk as provided in 3 CSR 10-5.205) by persons born on or after January 1, 1967, and at least sixteen (16) years of age without display of a hunter education certificate card.  This authorization may be purchased annually for no more than two (2) permit years (March 1 through the last day of February).  Fee:  ten dollars ($10).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Sept. 27, 2007, effective Feb. 29, 2008.  For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) To chase, pursue, take, possess, and transport birds (blue, snow, and Ross’s geese during the Conservation Order and migratory birds; except wild turkey), mammals (except deer and elk), and frogs, and to sell furbearers taken by hunting. Fee:

  (A) For persons age fifteen (15) and under: Two hundred seventy-five dollars ($275)

  (B) For persons age sixteen (16) through twenty-nine (29): Four hundred dollars ($400)

  (C) For persons age thirty (30) through thirty-nine (39): Three hundred fifty dollars ($350)

  (D) For persons age forty (40) through fifty-nine (59): Three hundred dollars ($300)

  (E) For persons age sixty (60) and older: Thirty-five dollars ($35)

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 20, 1995, effective Jan. 1, 1996.  For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

For residents of Missouri who are currently, or have in the previous twelve (12) months, been mobilized and serving on full-time active military duty in either the National Guard (in Federal Status) or Reserve forces of the United States to chase, pursue, take, possess, and transport fish, frogs, mussels, clams, turtles, crayfish, live bait, birds (except wild turkey), and mammals (except deer and elk), and to sell furbearers taken by hunting.  Fee: five dollars ($5).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Jan. 30, 2006, effective June 30, 2006.  For intervening history, please consult the Code of State Regulations. Amended: Filed June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(1) Required in addition to the prescribed fishing permit to possess and transport trout, except in areas where a daily trout fishing tag is required or as prescribed in 3 CSR 10-6.535(5). Fee: [seven dollars ($7)]ten dollars ($10).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section [252.240]252.040, RSMo 2016. This rule was previously filed as 3 CSR 10-5.237. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 estimated two hundred eighty-three thousand three hundred fifty dollars ($283,350) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

                                                         PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 5—Wildlife Code: Permits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

[90,182 (adults purchasing a trout permit) X $3.00 (increase in trout permit price based on 75% CPI] + [8,536 (youths purchasing a trout permit) X $1.50 (youths receive permit at 50% rate of full price permit)] = $283,350

IV. ASSUMPTIONS

For the permit year 2020, we estimate 90,182 adults and 8,536 youths acquired a trout permit.  We used a 75% of Consumer Price Index (CPI) to adjust the full trout permit price from price initiation or last adjustment to current year.  This would increase a trout permit price by $3.00 for adults and $1.50 for youths (receive reduced rate by 50% of full price permit).

In economic terms, permit pricing can be monitored in relation to the general cost of living as expressed through the Consumer Price Index (CPI).  Instead of evaluating prices only in terms of revenue, a more logical choice for triggering consideration of price adjustments is the relationship of price to inflation as reflected in the CPI.  The CPI is a widely used economic statistic and commonly used as the basis of making adjustments to everything from salaries to contract terms and prices.

To chase, pursue, take, possess, and transport birds (except wild turkey), mammals (except deer, elk, and furbearers), and frogs, and to chase furbearers for training dogs during the closed season. Fee: [eleven dollars ($11)]fourteen dollars ($14) per day. A permit may be purchased for multiple days.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 20, 1995, effective Jan. 1, 1996. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 estimated seventy-three thousand five hundred sixty-nine dollars ($73,569) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

                                                         PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 5—Wildlife Code: Permits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

[7,816 (individuals purchasing a 1-day permit) X $3.00 (daily small game hunting permit price increase for 1-day based on 100% CPI)] + [2,908 (individuals purchasing a 2-day permit) X $6.00 (daily small game hunting permit price increase for 2-day based on 100% CPI)] + [2,376 (individuals purchasing a 3-day permit) X $9.00 (daily small game hunting permit price increase for 3-day based on 100% CPI)] + [564 (individuals purchasing a 4-day permit) X $12.00 (daily small game hunting permit price increase for 4-day based on 100% CPI)] + [196 (individuals purchasing a 5-day permit) X $15.00 (daily small game hunting permit price increase for 5-day based on 100% CPI)] + [68 (individuals purchasing a 6-day permit) X $18.00 (daily small game hunting permit price increase for 6-day based on 100% CPI)] +  [17 (individuals purchasing a 7-day permit) X $21.00 (daily small game hunting permit price increase for 7-day based on 100% CPI)]= $73,569

4. ASSUMPTIONS

For the permit year 2020, we estimate 7,816, 2,908, 2,376, 564, 196, 68, and 7 individuals purchasing a 1-day, 2-day, 3-day, 4-day, 5-day, 6-day, and 7-day daily small game hunting permit, respectively.  We used a 100% of Consumer Price Index (CPI) to adjust the daily permit price from price initiation or last adjustment to current year.  This would increase a daily small game hunting permit price by $3.00 per day.

In economic terms, permit pricing can be monitored in relation to the general cost of living as expressed through the Consumer Price Index (CPI).  Instead of evaluating prices only in terms of revenue, a more logical choice for triggering consideration of price adjustments is the relationship of price to inflation as reflected in the CPI.  The CPI is a widely used economic statistic and commonly used as the basis of making adjustments to everything from salaries to contract terms and prices.

To chase, pursue, take, possess, and transport birds (except wild turkey), mammals (except deer, elk, and furbearers), and frogs, and to chase furbearers for training dogs during the closed season. Fee: [eighty dollars ($80)]ninety-four dollars ($94).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.270. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 and estimated eighty-three thousand four hundred forty dollars ($83,440) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

                                                         PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 5—Wildlife Code: Permits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

5,960 (nonresidents purchasing a nonresident small game hunting permit) X $14.00 (small game hunting permit price increase based on 100% CPI) = $83,440

4. ASSUMPTIONS

For the permit year 2020, we estimate 5,960 nonresidents purchasing a nonresident small game hunting permit.  We used a 100% of Consumer Price Index (CPI) to adjust the nonresident small game hunting permit price from price initiation or last adjustment to current year.  This would increase a nonresident small game hunting permit price by $14.00.

In economic terms, permit pricing can be monitored in relation to the general cost of living as expressed through the Consumer Price Index (CPI).  Instead of evaluating prices only in terms of revenue, a more logical choice for triggering consideration of price adjustments is the relationship of price to inflation as reflected in the CPI.  The CPI is a widely used economic statistic and commonly used as the basis of making adjustments to everything from salaries to contract terms and prices.

To pursue, take, possess, and transport one (1) antlerless deer during the firearms deer hunting season. A Nonresident Firearms Any-Deer Hunting Permit, [or a]Nonresident Managed Deer Hunting Permit, or a Nonresident Landowner Firearms Any-Deer Hunting Permit is required as a prerequisite to this permit. Fee: twenty-five dollars ($25).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed July 8, 1998, effective March 1, 1999. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

To pursue, take, possess, and transport deer and wild turkey during the fall deer and turkey archery season and small game (except furbearers) during prescribed seasons. Fee: [two hundred twenty-five dollars ($225)]two hundred sixty-five dollars ($265).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.275. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 estimated three hundred forty-one thousand five hundred twenty dollars (341,520) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 5—Wildlife Code: Permits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

[8,538 (nonresidents purchasing a Nonresident Archer’s Hunting Permit) X $40.00 (increase in Nonresident Archer’s Hunting Permit price based on 100% CPI) = $341,520

IV. ASSUMPTIONS

For the permit year 2020, we estimate 8,538 nonresidents acquiring a Nonresident Archer’s Hunting Permit.  The number of individuals reflects a reduction based on the estimate of the number of individuals that would now be eligible for the new reduced-rate nonresident landowner archer’s hunting permit.  We used a 100% of Consumer Price Index (CPI) to adjust the permit price from price initiation or last adjustment to current year.  This would increase a Nonresident Archer’s Hunting Permit by $40.00.

In economic terms, permit pricing can be monitored in relation to the general cost of living as expressed through the Consumer Price Index (CPI).  Instead of evaluating prices only in terms of revenue, a more logical choice for triggering consideration of price adjustments is the relationship of price to inflation as reflected in the CPI.  The CPI is a widely used economic statistic and commonly used as the basis of making adjustments to everything from salaries to contract term

To pursue, take, possess, and transport blue, snow, or Ross’s geese during the Conservation Order in accordance with federal regulations and as prescribed in 3 CSR 10-7.440. Fee: [Forty ($40)]forty-seven dollars ($47).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section [252.240]252.040, RSMo 2016. Original rule filed October 10, 2008, effective July 1, 2009. For intervening history, please consult the Code of State Regulations. Amended: Filed May 23, 2019.

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 estimated twenty-nine thousand six hundred twenty-four dollars ($29,624) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

                                                         PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 5—Wildlife Code: Permits

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

4,232 (individuals purchasing a Nonresident Conservation Order Permit) X $7.00 (increase in Nonresident Conservation Order Permit price based on 100% CPI) = $29,624

4. ASSUMPTIONS

For the permit year 2020, we estimate 4,232 individuals acquiring a Nonresident Conservation Order Permit.  We used a 100% of Consumer Price Index (CPI) to adjust the permit price from price initiation or last adjustment to current year.  This would increase a Nonresident Conservation Order Permit by $7.00.

In economic terms, permit pricing can be monitored in relation to the general cost of living as expressed through the Consumer Price Index (CPI).  Instead of evaluating prices only in terms of revenue, a more logical choice for triggering consideration of price adjustments is the relationship of price to inflation as reflected in the CPI.  The CPI is a widely used economic statistic and commonly used as the basis of making adjustments to everything from salaries to contract terms and prices.

(1) [Resident landowners as outlined in the Fall Deer & Turkey Hunting Regulations and Information booklet can obtain no-cost deer hunting permits from any permit vendor.]Resident and nonresident landowners as defined in 3 CSR 10-20.805 may obtain landowner deer hunting permits from any permit vendor, but only after application to and approval by the department. Landowner permits may be obtained only in accordance with this rule.

  (A) Resident and nonresident landowners may apply for approval to obtain landowner deer hunting permits on a form provided by the department. This application shall include the applicant’s name, date of birth, domicile address, phone number, conservation identification number, e-mail, property acreage, landowner type, type of corporate ownership (if applicable), and parcel identification for the qualifying property. All applicants must submit an individual application. A new application for approval to obtain landowner deer hunting permits must be submitted at least once every three (3) years or at any time when there is a change to any information required on the current application. Approval of applications received less than (60) sixty days prior to any deer hunting season cannot be guaranteed. In addition to the application required by this rule, submission of proof of eligibility to receive landowner permits may also be required by the department at any time. Failure to submit satisfactory proof of eligibility at the request of the department shall be sufficient cause for denial of an application or withdrawal of approval to obtain landowner deer hunting permits.

  [(A)](B) [Those with five (5) or more continuous acres can each receive]Approved resident landowners may obtain the following permits at no-cost: one (1) Resident Landowner Firearms Any-Deer Hunting Permit, one (1) Resident Landowner Archer’s Hunting Permit, and, if property is in a county in which Archery Antlerless Deer Hunting Permits can be used, two (2) Resident Landowner Archery Antlerless Deer Hunting Permits. 

  [(B)](C) In addition to the permits listed in subsection (1)[(A)](B), [those]approved resident landowners with seventy-five (75) or more acres located in a single county or at least seventy-five (75) continuous acres bisected by a county boundary [can receive]may obtain a maximum of two (2) no-cost Resident Landowner Firearms Antlerless Deer Hunting Permits. Resident [L]landowners with at least seventy-five (75) acres in more than one (1) county must comply with landowner antlerless deer limits for each county.

    1. Approved [R]resident landowners of at least seventy-five (75) acres may [receive]obtain one (1) no-cost Landowner Antlerless Deer Hunting Permits in the counties of:  Andrew, Atchison, Butler, Carter, Dent, Douglas, Dunklin, Holt, Iron, Maries, Mississippi, New Madrid, Newton, Nodaway, Pemiscot, Phelps, Reynolds, Scott, Stoddard, Texas, Wayne, and Wright.

    2. Approved [R]resident landowners of at least seventy-five (75) acres may [receive]obtain two (2) no-cost Landowner Antlerless Deer Hunting Permits in the counties of: Adair, Audrain, Barry, Barton, Bates, Benton, Bollinger, Boone, Buchanan, Caldwell, Callaway, Camden, Cape Girardeau, Carroll, Cass, Cedar, Chariton, Christian, Clark, Clay, Clinton, Cole, Cooper, Crawford, Dade, Dallas, Daviess, DeKalb, Franklin, Gasconade, Gentry, Greene, Grundy, Harrison, Henry, Hickory, Howard, Howell, Jackson, Jasper, Jefferson, Johnson, Knox, Laclede, Lafayette, Lawrence, Lewis, Lincoln, Linn, Livingston, Macon, Madison, Marion, McDonald, Mercer, Miller, Moniteau, Monroe, Montgomery, Morgan, Oregon, Osage, Ozark, Perry, Pettis, Pike, Platte, Polk, Pulaski, Putnam, Ralls, Randolph, Ray, Ripley, Shannon, St. Charles, St. Clair, St. Francois, St. Louis, Ste. Genevieve, Saline, Schuyler, Scotland, Shelby, Stone, Sullivan, Taney, Vernon, Warren, Washington, Webster, and Worth. 

 (D) Approved nonresident landowners may purchase the following reduced-cost Nonresident Landowner Deer Hunting Permits: one (1) Nonresident Landowner Firearms Any-Deer Hunting Permit and one (1) Nonresident Landowner Archer’s Hunting Permit.

(2) All landowner deer hunting permits are valid only on qualifying property.  Regardless of department approval to obtain or purchase landowner permits, all landowner deer hunting permits are valid only if the holder is a Resident or Nonresident Landowner as defined in 3 CSR 20.805 at the time the permit is used.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed April 29, 2004, effective May 15, 2004. For intervening history, please consult the Code of State Regulations. Amended: Filed June 15, 2019.

PUBLIC ENTITY COST: This proposed amendment will cost the Department of Conservation twenty-four thousand two hundred thirty dollars ($24,230) 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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

PUBLIC COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

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

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

One-time $24,230 vendor payments to modify the department’s licensing platform system..    

IV.ASSUMPTIONS

This is a one-time payment, no additional costs associated with this change are anticipated for the life of the rule.

(4) [A resident landowner as defined in 3 CSR 10-20.805, possessing a landowner turkey hunting permit, may take and possess turkeys in accordance with this rule on his/her land shall report the turkeys through the Telecheck Harvest Reporting System as required in this rule.] Resident and nonresident landowners as defined in 3 CSR 10-20.805 may obtain landowner turkey hunting permits from any permit vendor, but only after application to and approval by the department. Landowner permits may be obtained only in accordance with this rule.

  (A) Resident and nonresident landowners may apply for approval to obtain landowner turkey hunting permits on a form provided by the department. This application shall include the applicant’s name, date of birth, domicile address, phone number, conservation identification number, e-mail, property acreage, landowner type, type of corporate ownership (if applicable), and parcel identification for the qualifying property. All applicants must submit an individual application. A new application for approval to obtain landowner turkey hunting permits must be submitted at least once every three (3) years or at any time when there is a change to any information required on the current application. Approval of applications received less than (60) sixty days prior to any turkey hunting season cannot be guaranteed. In addition to the application required by this rule, submission of proof of eligibility to receive landowner permits may also be required by the department at any time. Failure to submit satisfactory proof of eligibility at the request of the department shall be sufficient cause for denial of an application or withdrawal of approval to obtain landowner turkey hunting permits.

  (B) Approved resident landowners may obtain the following permits at no-cost:  one (1) Resident Spring Turkey Hunting Permit, one (1) Resident Landowner Archer’s Hunting Permit, and one (1) Resident Fall Turkey Hunting Permit.

  (C) Approved nonresident landowners may obtain the following permits at a reduced-cost:  one (1) Nonresident Landowner Spring Turkey Hunting Permit, one (1) Nonresident Landowner Archer’s Hunting Permit, and one (1) Nonresident Landowner Fall Turkey Hunting Permit.

  (D) All landowner turkey hunting permits are valid only on qualifying property.  Regardless of department approval to obtain or purchase landowner permits, all landowner turkey hunting permits are valid only if the holder is a resident or nonresident landowner as defined in 3 CSR 10-20.805 at the time the permit is used.

  (E) All landowners who take turkey on landowner permits may also purchase and fill other turkey hunting permits but must abide by seasons, limits, and restrictions.

  (F) All landowners taking turkeys on a landowner turkey hunting permit shall report the turkeys through the Telecheck Harvest Reporting System as required in this rule.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000*.  Original rule filed Dec. 15, 1975, effective Dec. 31, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed June 15, 2019.

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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Resident commercial establishments, when possession is accompanied by a valid invoice or bill of sale, may buy, possess, transport, and sell legally purchased and plainly marked dressed or processed pheasants, exotic partridges, quail, game bird eggs, deer except white-tailed and mule deer, elk that are exempt from the permit requirements prescribed by this Code, moose, caribou, wild boar, live bait and frogs, and fish. Skinned furbearer carcasses and fish eggs may be sold at retail only.

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 26, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

(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) not returned to patrons and carrion beetles and their waste in a 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 May 23, 2019.

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 two hundred six thousand four hundred ninety-six dollars ($206,496) in the aggregate annually.  

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 http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

FISCAL NOTE

                                                         PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

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

II.         SUMMARY OF FISCAL IMPACT

III.        WORKSHEET

[(216 taxidermists) * ($356 cost of dumpster delivery, removal, and cleaning)]+[(216 taxidermists)*($75 cost for dumpster exchange)*(8 weeks of dumpster need)]

[$76,896]+[$259,200] = $206,496 annual aggregate

IV.        ASSUMPTIONS

For 2019, there are 697 permitted taxidermists.  We estimate that 31% (216) of taxidermists do not use a permitted landfill for disposing of unused cervid carcass parts.  We assume they will only use a rental dumpster for 8 weeks. We estimate dumpster delivery, removal, and cleaning to cost $356.  We estimate that each dumpster will need to be replaced with an empty dumpster at a cost of $75 each week.

Only portable tree stands are allowed and only from September 1 through January 31 on areas where deer or elk hunting is allowed, by special use permit, or except as otherwise authorized in 3 CSR 10-11.181 Turkeys: Special Hunts and 3 CSR 10-11.182 Deer Hunting of this chapter.  Unattended stands must be plainly labeled on a durable material with the full name and address, or Conservation Number, of the owner and be removed from the area before February 1. Use of nails, screw-in steps, and any material or method that would damage the tree is prohibited.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. 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 June 28, 2019.

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, PO Box 180, Jefferson City, MO 65102-0180, or via the department’s website at http://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.