3 CSR 10-10.725: Commercial Fishing: Seasons, Methods

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

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

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

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

(D) Other game fish.

 

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

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

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

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

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

(E) Other game fish.]

 

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

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

 

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

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

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

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

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

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

 

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

 

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

 

[(12)](11) Invasive fish, common carp, and grass carp that jump from the water on or into a watercraft, or onto land, may be taken and possessed in any number. Invasive fish may not be transported from waters of the state where taken unconfined or in water.

 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed August 27, 2021.

 

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

 

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

 

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

 

FISCAL NOTE

PRIVATE COST

Department Title:  DEPARTMENT OF CONSERVATION

Division Title: Conservation Commission

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

 

Rule Number and Title:	3 CSR 10-10.725 Commercial Fishing: Seasons, Methods
Type of Rulemaking:	PROPOSED AMENDMENT

 

II.         SUMMARY OF FISCAL IMPACT

 

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:	Classification by types of the business entities which would likely be affected:	Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
7	Roe Fish Commercial Harvest Permit holders	$ 3,724 estimated annual aggregate of paddlefish sales

 

III.        WORKSHEET

Flesh Sales:

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

Roe Sales:

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

Total Sales:

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

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

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

Cost to private entity:

Flesh cost:

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

Roe cost:

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

Total cost:

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

ASSUMPTIONS

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

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

• 7 per year -The average number of Roe Fish Commercial Harvester Permits issued per year from 2015-2019. 
• 3,326 pounds per year -The average pounds per year of paddlefish harvested from 2015-2019.
• $0.43 per pound -The average price per pound of paddlefish flesh from 2018-2019 (highest average price).
• 230 pounds per year -The average pounds per year of roe harvested from 2015-2019.
• $90.17 per pound -The average price per pound of paddlefish roe from 2015-2016 (highest average price).