3 CSR 10-10.720: Commercial Fishing Permit

Purpose

This rule establishes a commercial fishing permit for residents of the state and sets fees for commercial fishing gear.

Summary:

This amendment increases the fee for a Commercial Fishing Permit to reflect a more current cost adjustment based on changes in the Consumer Price Index.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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

Proposed Amendment

(1) To take and possess commercial fish from commercial waters and to sell such fish in accordance with 3 CSR 10-10.725.

Resident fee:                 [$25]thirty-one dollars ($31)

Nonresident fee:           [$200]two hundred forty-six dollars ($246)

(2) In addition to this permit, each commercial fishing permittee shall tag each net, seine or group of fifty (50) hooks for juglines, trotlines, bank lines, limb lines or throwlines at the following fees:

(A) Each trammel net one

 hundred (100) yards or

 less—thirty-seven dollars                        $[30]37

(B) Each gill net one

 hundred (100) yards or

 less—thirty-seven dollars                        $[30]37

(C) Each seine one

 hundred (100) yards or

 less—thirty-seven dollars                        $[30]37

(D) Each hoop net—[five]six dollars         $[5]6

(E) Each fifty (50) hooks

 or fraction thereof—[five]six dollars         $[5]6

(3) Equipment tags are not transferable and tagged equipment must be personally attended by the permittee to whom the tags were issued, or by another licensed commercial fisherman authorized in writing by the permittee as his/her assistant. The assistant must have on his/her person this written authorization while tending the equipment of another and may attend equipment of only one (1) other permittee on any one (1) day.

(4) Any person who holds the prescribed sport fishing permit or who is exempted from sport fishing permit requirements in 3 CSR 10-5.205 may accompany and assist a licensed commercial fisherman; provided, that a licensed commercial fisherman must be present in each boat.

 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed May 25, 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 cost private entities an estimated three thousand five hundred and forty-eight dollars ($3,548) annually in the aggregate.

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

 

FISCAL NOTE

 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

 

Rule Number and Name:

3 CSR 10-10.720 Commercial Fishing Permit  

Type of Rulemaking:

Proposed Amendment

 

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:

Classification by types of the business entities which would likely be affected:

Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:

Approximately 160 individuals/businesses are purchasing commercial fishing permits.  These permit holders are also purchasing approximately 1,504 equipment tags for fishing methods allowed under the commercial fishing permit.

Approximately 160 individuals/businesses that are purchasing commercial fishing permits.

$1,240 for an estimated 160 permits and $2,308 for an estimated 1,504 equipment tags purchased equaling a total of $3,548 annually in the aggregate.

III.        WORKSHEET

Permits

153 estimate of resident commercial fishing permits  X $6.00 permit price increase  = $918

7 estimate of non-resident commercial fishing permits  X $46.00 permit price increase  = $322

Total permit increase=$1,240 for an estimated 160 permits purchased.

Equipment Tags

65 estimate of trammel net tags X $7=$455

66 estimate of gill net tags X $7=$462

3 estimate of seine tags X $7=$21

960 estimate of hoop net tags X $1= $960

410 estimate of hook tags x $1= $410

Total equipment tag increase=$2,308 for an estimated 1,504 equipment tags purchased.

  1. ASSUMPTIONS

For the commercial permit year 2022, the below table estimates the number of commercial fishing permits sold and the number of equipment tags issued for these permits.

The commission based its proposed permit-price increases on information from the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) related to cost-of-living increases from 2008 to 2022. CPI is a commonly used measurement of the average changes over time in prices paid by consumers for consumer goods and services. The commission is recommending a gradual price increase over 10 years at a CPI of 75% for resident permits and 100% for non-resident and commercial permits.

 

 

 

Official public comment period: July 4, 2023 to August 2, 2023