Wildlife Code - Proposed Regulation Changes

Body

The Missouri Department of Conservation follows the Secretary of State’s established process for making changes to the Code of State Regulations. This process calls for state agencies to conduct a 30-day public comment period for each proposed rule, amendment, or rescission and to consider those comments prior to filing a final order of rulemaking.

3 CSR 10- 7.410: Hunting Methods

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

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

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

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

    1. An artificial light may be used to spot, locate, attempt to take, and hunt raccoons

or other furbearing animals when treed with the aid of dogs while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken during the prescribed furbearer hunting season;

    2. An artificial light may be used to spot, locate, attempt to take, and hunt coyotes while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken from February 1 through March 31, but only in conjunction with other legal hunting methods, and not from or with any motor-driven air, land, or water conveyance or from or across a public roadway;

  (C) Night Vision, Infrared, and Thermal Imagery Equipment. Wildlife may not be pursued or taken with the aid of night vision, infrared or thermal imagery equipment and no person may possess or control night vision, infrared, or thermal imagery equipment while acting singly or as one (1) of a group of persons while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken, except as follows:

    1. Landowners and their authorized representatives may possess or control and use night vision, infrared, or thermal imagery equipment while in possession of a firearm, bow, or other implement whereby wildlife could be killed or taken on such landowner’s property to kill feral swine. For the purposes of this paragraph, a “landowner” is any person (including residents and non-residents) owning real property of any size and an “authorized representative” is any person who has permission from a landowner to be present on the landowner's property;

    2. Hunters properly licensed to take furbearers may possess or control and use night vision, infrared, and thermal imagery equipment to take coyotes from February 1 through March 31, but only in conjunction with other legal hunting methods. The use of night vision, infrared, or thermal imagery equipment to pursue or take coyotes from or with a motor-driven air, land, or water conveyance, or from or across a public roadway is specifically prohibited;

    3. Any person may possess or control and use night vision, infrared, or thermal imagery equipment while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken with written authorization of an agent of the department, but only as specifically authorized by him/her;

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

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

  (F) Dogs (Recovery of wounded black bear, deer, elk, and turkey).  A black bear, deer, elk, or turkey is wounded when a properly licensed hunter has struck an animal with a projectile fired from a legal hunting method during the open season. Leashed dogs under the direct control of a dog handler may be used to track and recover wounded black bear, deer, elk, and turkey only with prior authorization from a conservation agent, and only in accordance with the instructions of such agent, including the use and possession of any hunting method by any person participating in tracking or recovery. The use of dogs in accordance with this subsection is specifically excluded from the definitions of chase, pursue, and take as defined in this Code.  Dog handlers participating in the recovery of a wounded animal as prescribed in this subsection are exempt from hunting permit requirements, provided they are not the taker of the wounded animal. Dog handlers assisting in the tracking and recovery of a wounded animal may not possess a firearm, bow, or crossbow, except for concealable firearms as defined in Chapter 571, RSMo. Concealable firearms possessed under this exception may not be used to take wildlife.

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

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

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

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

  [(J)](K) Slingshot. Slingshots may be used to take wildlife (except black bears, deer, elk, and turkeys) during the prescribed hunting seasons;

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

  [(L)](M) Electronic Calls. Electronic calls may be used to pursue and take crows and furbearers, but without the aid of an artificial light or night vision, infrared, or thermal imagery equipment, except when pursuing or taking coyotes in accordance with paragraphs (1)(B)2. and (1)(C)2. of this section. Electronic calls or electronically-activated calls may not be used or possessed while hunting other species of wildlife except as specifically authorized;

  [(M)](N) No person shall place or scatter grain or other food items in a manner that subjects any hunter to violation of baiting rules, as defined by federal regulations and in 3 CSR 10-7.431, 3 CSR 10-7.455, 3 CSR 10-7.700, and CSR 10-7.900 of this Code;

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

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

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

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

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

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

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed December 7, 2022, effective May 30, 2023.

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

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

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

Official public comment period: January 18, 2023 to February 16, 2023
3 CSR 10- 7.431: Deer Hunting Seasons: General Provisions

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

(7) Deer may not be hunted, pursued, taken, or killed -

(A) While in a stream or other body of water;

(B) From a boat with a motor attached;

(C) With the aid of a motor-driven land conveyance or aircraft;

(D) With the aid of dogs, in use or possession[;], except for the recovery of wounded deer as specifically authorized by 3 CSR 10-7.410;

(E) With the aid of artificial light or night vision equipment;

(F) Within any area enclosed by a fence greater than seven feet (7') in height that could contain or restrict the free range of deer.  Exceptions are provided in other rules or by written authorization of the director; and

(G) With the aid of bait (grain or other feed placed or scattered so as to constitute an attraction or enticement to deer).  Scents and minerals, including salt, are not regarded as bait; however, mineral blocks with food additives are prohibited. An area is considered baited for ten (10) days following complete removal of bait.  A person shall be in violation of this provision if they take or attempt to take deer by the aid of bait, where the person knows or reasonably should know the area is or has been baited.  It is illegal to place bait in a way that causes others to be in violation of the baiting rule. 

(8) During the firearms deer hunting season and during managed firearms deer hunts on those areas where such hunts are held, all persons hunting any game, and also adult mentors accompanying them, must wear a cap or hat and a shirt, vest, or coat of the color commonly known as hunter orange, which must be plainly visible from all sides.  Camouflage orange garments do not meet this requirement. The following are exempt from this requirement:

(A) Migratory game bird hunters;

(B) Archery permittees during the alternative methods portion;

(C) All hunters in counties closed during the antlerless [portion] and CWD portions;

(D) Hunters using archery methods while hunting within municipal boundaries where discharge of firearms is prohibited;

(E) Hunters on federal or state public hunting areas and during managed hunts where deer hunting is restricted to archery methods; and

(F) Hunters of small game and/or furbearers during the alternative methods portion. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 29, 2004, effective May 15, 2004. For intervening history, please consult the Code of State Regulations. Amended: Filed December 7, 2022, effective May 30, 2023.

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

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

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

Official public comment period: January 18, 2023 to February 16, 2023
3 CSR 10- 7.433: Deer: Firearms Hunting Seasons

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

(2) Firearms Deer Hunting Permits. 

(A) Resident or Nonresident Firearms Any-Deer Hunting Permit: valid for one (1) deer statewide, except that only antlerless deer may be taken during the antlerless [portion] portions of the season. 

(B) Resident or Nonresident Firearms Antlerless Deer Hunting Permit: valid for one (1) antlerless deer in any open county.  Persons may purchase any number of these permits and fill them where valid.  A Nonresident Firearms Any-Deer Hunting Permit must be purchased before purchasing Nonresident Firearms Antlerless Deer Hunting Permits and Nonresident Firearms Deer Management Assistance Program Permits. 

(3) Other wildlife may be hunted during the firearms deer hunting season except as further restricted in this section -

(A) During the November portion statewide and the antlerless [portion] and CWD portions in open counties, other wildlife (except furbearers) may be hunted only with pistol, revolver, or rifle firing a .22 caliber or smaller rimfire cartridge, or a shotgun and shot not larger than No. 4; except that waterfowl hunters, trappers, or landowners on their land may use other methods as specified in 3 CSR 10-7.410(1)(G); and except that elk hunters may use other methods as specified in 3 CSR 10-7.700(4) during the firearms portion of the elk season;

(B) During the November portion statewide and the antlerless [portion] and CWD portions in open counties, furbearers may be hunted within the established furbearer hunting seasons during daylight hours using any legal deer hunting method by persons holding an unfilled Firearms Deer hunting permit, and - 

1. A Resident Small Game Hunting Permit; or

2. A Nonresident Furbearer Hunting and Trapping Permit; 

(C) Furbearers may not be chased, pursued, or taken with the aid of dogs during daylight hours from November 1 through the end of the November portion statewide and the antlerless [portion] and CWD portions in open counties; and 

(D) Squirrels and rabbits may not be chased, pursued, or taken with the aid of dogs during daylight hours of the November portion in Butler, Carter, Dent, Iron, Madison, Oregon, Reynolds, Ripley, Shannon, and Wayne counties. 

(4) Feral hogs may be taken in any number during the firearms deer hunting season as follows:

(A) Hunters must possess a valid small game hunting or unfilled firearms deer hunting permit and abide by the methods of pursuit allowed for deer as well as any other restrictions that may apply on specific public areas; 

(B) During the November portion statewide and the antlerless [portion] and CWD portions in open counties -

1. Firearms deer permittees may only use methods allowed for deer; 

2. Small game permittees may only use pistol, revolver, or rifle firing a .22 caliber or smaller rimfire cartridge, or a shotgun with shot not larger than No. 4; and 

3. Dogs may not be used; 

(C) During the youth and alternative methods portions statewide -

1. Deer permittees may only use methods allowed for deer; and 

2. Small game permittees may only use methods allowed for small game; 

(D) Resident landowners on qualifying land are not required to have any permit and may use any method to take feral hogs throughout the year.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 29, 2004, effective May 15, 2004. For intervening history, please consult the Code of State Regulations. Amended: Filed December 7, 2022, effective May 30, 2023.

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

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

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

Official public comment period: January 18, 2023 to February 16, 2023
3 CSR 10- 7.450: Furbearers: Hunting Seasons, Methods

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

(5) No furbearers may be chased, pursued, or taken during daylight hours with the aid of dogs from November 1 through the prescribed November portion of the firearms deer hunting season, during the [Antlerless] antlerless [portion] and CWD portions of the firearms deer hunting season in counties open to deer hunting, during the firearms portion of the elk season in open counties, or with firearms from a boat at night.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 16, 1972, effective Dec. 31, 1972. For intervening history, please consult the Code of State Regulations. Amended: Filed December 7, 2022, effective May 30, 2023.

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

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

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

Official public comment period: January 18, 2023 to February 16, 2023
3 CSR 10- 7.455: Turkeys: Seasons, Methods, Limits
Summary:

This amendment clarifies the use of a blood-tracking dog for the recovery of wounded turkey.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

(1) Turkeys may be pursued, taken, killed, possessed, or transported only as permitted in this rule.

(A) Spring Season. A person possessing the prescribed turkey hunting permit may take two (2) male turkeys or turkeys with visible beards from April 18 through May 8, 2022; provided only one (1) turkey may be taken before April 25, 2022 and only one (1) turkey may be taken per day. A turkey taken during a managed hunt will count towards an individual’s spring season bag limit. Turkeys may be taken only by shotgun, with shot no larger than No. 4, atlatl, crossbow, or bow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to 1:00 p.m. Central Daylight Time (CDT). Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys.

  (B) Fall Firearms Season. Fall season annually will be October 1 through October 31. A person possessing the prescribed turkey hunting permit may take two (2) turkeys of either sex during the season. Turkeys may be taken only by shotgun, with shot no larger than No. 4, atlatl, bow, or crossbow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to sunset in all counties except: Dunklin, McDonald, Mississippi, New Madrid, Newton, Pemiscot, and Scott. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys. A person, while in the act of pursuing or hunting turkey on a fall firearms permit, shall not have both a firearm, and an atlatl, bow, or crossbow on his/her person except any person may carry concealable firearms, as defined in Chapter 571 RSMo, on or about his/her person while hunting. Firearms possessed under this exception may not be used to take wildlife while hunting with an atlatl, bow, or crossbow.

    (C) Fall Archery Season. A person possessing the prescribed archer’s hunting permit may take two (2) turkeys of either sex from September 15 through January 15, excluding the dates of the November portion of the firearms deer season. Turkeys may be taken only by atlatls, bows, and crossbows; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. Possession of electronic calls is prohibited while hunting turkeys. An archer, while in the act of pursuing or hunting turkey on an archer’s permit, shall not have a firearm on his/her person except any person may carry concealable firearms, as defined in Chapter 571 RSMo, on or about his/her person while hunting. Firearms possessed under this exception may not be used to take wildlife while hunting with an atlatl, bow, or crossbow.

 (D) Youth Spring Season. The two- (2-) day youth spring season will be from April 9 through 10, 2022. Any person possessing the prescribed turkey hunting permit and who is at least six (6) but not older than fifteen (15) years of age on the opening day of the youth spring season may take only one (1) male turkey or turkey with visible beard during the youth spring season. A turkey harvested during the youth spring season will count towards an individual’s spring season bag limit; individuals hunting under the prescribed turkey hunting permit may not harvest a second bird before April 25, 2022. Turkeys may be taken only by shotgun with shot no larger than No. 4, atlatl, crossbow, or bow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to sunset. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Dec. 15, 1975, effective Dec. 31, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed December 21, 2022, effective May 30, 2023.

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

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

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

 

Official public comment period: February 2, 2023 to March 3, 2023
3 CSR 10-11.110: General Provisions
Summary:

This amendment references new sections of Chapter 11, clarifies exceptions to the prohibition of digging, excavating, and using trail cameras, and clarifies rules about special use permits.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

 

PROPOSED AMENDMENT

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

(A) Department areas designated as open to the public may be accessed and used for hiking, sightseeing, and nature observation. The locations and times when department areas may be entered, remained on, or used for these activities may be further restricted by this chapter, signs, or area maps;

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

    1. Commercial Use (See 3 CSR 10-11.111);

   2. Photography and Videography (See 3 CSR 10-11.112);

   [1]3. Entering or remaining on department areas, or designated portions of department

      areas (See 3 CSR 10-11.115);

    [2]4. Possession of pets and hunting dogs (See 3 CSR 10-11.120);

    [3]5. Field Trials (See 3 CSR 10-11.125);

    [4]6. Use of vehicles, bicycles, horses, and horseback riding (See 3 CSR 10-11.130);

    [5]7. Collecting of nuts, berries, fruits, edible wild greens, and mushrooms (See 3 CSR 10-11.135);

    [6]8. Camping (See 3 CSR 10-11.140);

    [7]9. Tree stands (See 3 CSR 10-11.145);

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

    [9]11. Decoys and Blinds (See 3 CSR 10-11.155);

    [10]12. Use of boats and motors (See 3 CSR 10-11.160);

    [11]13. Taking bullfrogs and green frogs (See 3 CSR 10-11.165);

 [12]14. Hunting (See 3 CSR 10-11.180 through 3 CSR 10-11.186 and 3 CSR 10-11.190 through 3 CSR 10-11.191);

    [13]15. Trapping (See 3 CSR 10-11.187);

    [14]16. Fishing (See 3 CSR 10-11.200 through 3 CSR 10-11.215);

    [15]17. Taking feral swine (See 3 CSR 10-11.220);

(C) The following activities are prohibited on department areas and may not be authorized by a special use permit:

1. Destruction, defacing, or removal of department property;

2. Digging or excavating, except for scientific purposes as authorized by a Letter of Authorization for Plant Collecting;

3. Guiding for pay;

4. Military or law enforcement training by nongovernment entities;

5. Placing of grain, salt products, minerals, and other consumable products on land;

6. Placing or using trail or game cameras or other similar devices, except for scientific purposes as authorized by a Wildlife Collector’s Permit;

7. Use of paint ball, airsoft, or similar projectile weapons not specifically authorized by this Code;

8. Placement of honey bee apiaries;

9. Parking or storage of watercraft and commercial vehicles during closed hours;

10. Use of fireworks;

11. Use of remote-controlled boats or land vehicles;

12. Prospecting, exploring, mining, or extracting minerals, metals, oil, natural gas, or other nonrenewable resources, except as specifically approved by the commission; and

13. Commercial or political advertising, except for commercial advertising by authorized concessionaires or by vendors participating in department events;

(D) Activities not listed in subsections (1)(A), (1)(B), or (1)(C) of this rule[, including commercial use and vending,] may be authorized by a special use permit when the activity is compatible with other authorized activities. [Special use permits may be issued only by the area manager or their designee.]

(E) Issuance of a special use permit is at the discretion of the department. Application for a special use permit as required by this chapter does not guarantee that one will be issued. All persons entering, remaining on, or using a department area pursuant to a special use permit shall abide by the specific conditions stated on the permit;

[(E)](F) Signs, posted regulations, or area maps may further restrict activities in accordance with this chapter, including designating portions of department areas as open or closed to public use. Area managers may temporarily close or change regulations on department areas through posting to protect the public from hazardous conditions and threats to public safety, to protect fish and wildlife resources, and for special events or resource management activities where public use conflicts are likely to occur. All persons entering, remaining on, or using a department area shall abide by signs, posted regulations, and area maps;

[(F)](G) Collecting or possessing wild plants and wild animals (including invertebrates) and unprocessed parts thereof must be authorized by a Letter of Authorization for Plant Collecting or a Wildlife Collector’s Permit, respectively, except as otherwise authorized in this Code;

[(G)](H) Waste containers may be used only for disposal of garbage, trash, refuse, or rubbish generated on the department area;

[(H)](I) Possession of food and beverage containers made of glass are prohibited on the following conservation areas:

1. Amidon Memorial Conservation Area within the Castor River Shut-Ins Natural Area; and

2. Lon Sanders Canyon Conservation Area;

[(I)](J) On Thomas Hill Reservoir, swimming, sailboarding, scuba diving, and water skiing are permitted, except water skiing is prohibited north of Highway T on the Stinking Creek Arm of the lake and on the warm water arm of the lake upstream from the marker buoys; and

[(J)](K) On Rockwoods Reservation, rock climbing is allowed only in designated and posted areas.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed December 21, 2022, effective July 1, 2023.

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

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

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

Official public comment period: February 2, 2023 to March 3, 2023
3 CSR 10-11.111: Commercial Use
Summary:

This amendment removes section (4) from the Commercial Use rule. Photography and videography will now be covered in a new rule, 3 CSR 10-11.112 that includes commercial and non-commercial photography and videography. Changes to this rule also allow exemptions to the requirement of a permit for certain commercial uses.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

3 CSR 10-11.111 Commercial Use

(1) Certain commercial uses are permitted on department areas and require a commercial use permit or a special use permit, except as otherwise provided in this chapter. Commercial use is defined as any activity that directly or indirectly results in financial benefit or gain, or where money is exchanged in connection with the activity.

[(4) Photography/Videography. A commercial use permit is required for any person or entity engaged in commercial photography or videography, such as professional photography, commercials, advertising, promotionals, television, or documentaries. No commercial use permit is required for news agencies. A permit may be denied if the use is determined to be incompatible with the department’s mission, in conflict with other uses, or potentially harmful to persons or property. Permit fees may be waived for conservation-related organizations where the project will promote or benefit conservation interests. A separate approval is required when using an unmanned aerial system (UAS) or drone for photography or videography. Liability insurance may be required for any commercial photography or videography permit. 

(A) A Commercial Photography Permit is required for commercial photographers taking photographs on department areas. Fee: one-hundred dollars ($100) annually.

1. Photographers using the Commercial Photography Permit must also possess an approved special use permit for photography involving special accommodations, use of an unmanned aerial system (UAS) or drone, use of props, when more than ten (10) people are involved, or on department lands associated with nature and education centers, staffed ranges, offices, and on the following department areas:

A. Burr Oak Woods Conservation Area;

B. Busch (August A.) Memorial Conservation Area;

C. Reed (James A.) Memorial Wildlife Area; and

D. Rockwoods Reservation.

(B) A Commercial Videography Permit is required for all commercial videography on department areas. Fee: five-hundred dollars ($500) per day.]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Sept. 4, 2020, effective July 1, 2021. Amended: Filed December 21, 2022, effective July 1, 2023.

PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions approximately fifteen thousand eight hundred dollars ($15,800) in lost revenue annually. There will be a corresponding reduction in staff time and expenses to issue permits since commercial photography permits and commercial videography permits will no longer be issued.

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

Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

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

Rule Number and Name:

3 CSR 10-11.111 Commercial Use

Type of Rulemaking:

Proposed Amendment

 

  1. SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Department of Conservation

$15,800 – approximate annual loss of revenue

  1. WORKSHEET

158 commercial photography permits annually x $100 per permit fee = $15,800 in lost annual revenue

15 videography permits x $0 per permit fee (fees were waived if promoting conservation areas or conservation related activities) = $0 in lost annual revenue

  1. ASSUMPTIONS

It is assumed that the number of permits issued annually would remain the same as in FY21. It is also assumed that fees would continue to be waived for commercial videography permits if they promoted conservation areas or conservation related activities. 

Official public comment period: February 2, 2023 to March 3, 2023
3 CSR 10-11.112: Photography and Videography
Summary:

This rule establishes the requirements and conditions for allowing photography and videography on department areas.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

3 CSR 10-11.112 Photography and Videography

(1) Photography and videography are authorized on department areas without a permit, except a special use permit is required for photography and videography involving:

  (A) Access during closed hours or to portions of areas closed to public use;

  (B) Use of an unmanned aerial system (UAS) or drone;

  (C) Use of a prop, set, or equipment larger than a single person can carry; or

  (D) The total daily number of people participating with a photographer or videographer for the primary purpose of photography and videography is more than ten (10). 

(2) Photography and videography specifically exclude the use or placement of a trail and game camera, or another similar device.

(3) Photography and videography activities authorized by this rule and meeting the definition of a commercial use as defined in 3 CSR 10-11.111 (except photography or videography classes for pay), are exempt from the permit requirements of 3 CSR 10-11.111 for commercial use on department areas.

(4) A fee, up to five-hundred dollars ($500) each day, may be charged for a special use permit for photography and videography that involves more than twenty-five (25) people or has the potential to harm resources or create user conflict.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed December 21, 2022.

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 cost private entities approximately one thousand dollars ($1000) 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 https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: February 2, 2023 to March 3, 2023
3 CSR 10-11.120: Pets and Hunting Dogs
Summary:

This amendment clarifies the use of a blood-tracking dog for the recovery of wounded black bear, deer, elk, and turkey on department areas where hunting is permitted.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

Proposed Amendment

(1) Pets and hunting dogs are permitted but must be on a leash or confined at all times, except as otherwise provided by signs, area brochures, or this chapter.

(A) Pets and hunting dogs are prohibited on the following department areas:

1. Burr Oak Woods Conservation Area

2. Cape Girardeau Conservation Campus Nature Center

3. Engelmann Woods Natural Area

4. Powder Valley Conservation Nature Center

5. Runge Conservation Nature Center

6. Springfield Conservation Nature Center

7. White Alloe Creek Conservation Area

(2)  Hunting dogs may be used off the leash and unconfined for hunting and for training for the purposes of chasing, locating, tracking, or retrieving game when hunting and dog training as defined by this Code.  Legally obtained rock pigeon may be released and taken in any number from August 1 through March 31, on those department areas where and when hunting and dog training are permitted.

(A) Any person training hunting dogs must have the permit required by 3 CSR 10-7.405.

(B) On Duck Creek Conservation Area, training of hunting dogs is permitted only by holders of a valid area dog training permit during dates and hours established for this activity.

(3) Dogs may be used for the recovery of wounded bear, deer, elk, and turkey as specifically authorized by 3 CSR 10-7.410 during all hours on those department areas where bear, deer, elk, or turkey hunting are permitted.  Any person using dogs in accordance with this section for pay is exempt from the permit requirements of 3 CSR 10-11.111 for commercial use on department areas.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed December 7, 2022, effective May 30, 2023.

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

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

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

Official public comment period: January 18, 2023 to February 16, 2023
Title
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