This rule establishes a utilization permit for the possession, transportation, and donation of fish legally taken, with lethal methods of take, during bona fide fishing tournaments to commercial establishments. It also authorizes the selling of fish to commercial establishments by contractors in a department contracted invasive fish removal project.
Acknowledgements
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Proposed Amendment
Proposed Amendment
(1) To utilize other fish and invasive fish taken during bona fide fishing tournaments, to possess, transport, and donate such fish to commercial establishments. Application for a permit must be made to the department and post marked not less than ten (10) days prior to the event. Failure to comply with reporting requirements may result in permit denial. Issuance of future permits shall be conditioned on compliance with these rules. Permit shall be valid for one (1) event that shall occur within fifteen (15) days of the issue date on the permit. Fee: twenty-five dollars ($25).
(A) Fish defined as other fish and invasive fish in 3 CSR 10-20.805 legally taken by fishing methods prescribed in 3 CSR 10-6.410(7) during a bona fide fishing tournament must be donated to commercial establishments by the permit holder and may be possessed, transported, and donated in accordance with the following:
1. The permit holder shall record and submit a complete and accurate report showing by participant or team the origin (waterbody), weight of each species of all fish taken by each participant or team. Reports must be received by the department within fifteen (15) days of the end of the tournament. Reports shall be mailed to Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180.
2. Fish may be possessed, transported, and donated to a commercial establishment by any person when possession is accompanied by a dated written statement showing the utilization permit number, name and address of permit holder, and the weight of each species.
(2) Individuals under contract with the department and their authorized assistants may take, possess, and transport invasive fish in accordance with the terms of the contract during a department sponsored invasive fish removal project, and may donate or sell such fish to a commercial establishment when possession is accompanied by a valid invoice or bill of sale showing the date, name and address of the contractor, and the weight of each species.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040 RSMo 2016. Original rule filed March 2, 2020.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will cost private entities between approximately five hundred dollars ($500) to one thousand two hundred fifty dollars ($1,250) annually.
FISCAL NOTE
PRIVATE COST
- Department Title: Title 3-Department of Conservation
Division Title: Division 10-Conservation Commission
Chapter Title: Chapter 10—Wildlife Code: Commercial Permits: Seasons, Methods, Limits
|
Rule Number and Title: |
3 CSR 10-10.739 Fish Utilization Permit. |
|
Type of Rulemaking: |
PROPOSED RULE
|
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: |
|
20 50 |
Varied businesses who wish to sponsor bowfishing tournaments |
$500 annually $1,250 annually |
III. WORKSHEET
20 Sponsors X $25 permit cost = $500 annually
50 Sponsors X $25 permit cost = $1,250 annually
IV. ASSUMPTIONS
There are many different bowfishing groups conducting tournaments on Missouri waters. One website (Bowfishing Country.com) mentioned that a dozen tournaments occur on Lake of the Ozarks and Truman lake. Since, there is not a centralized website being used for bowfishing tournament information, we can assume that at least 20 bowfishing tournaments are taking place across the state. We will also assume that there are 20 different sponsors for these tournaments, who will be purchasing this permit. A range of 20-50 bowfishing tournaments annually will be used to figure the fiscal impact to private entities.