3 CSR 10- 4.130: Owner May Protect Property; Public Safety

(1) Subject to federal regulations governing the protection of property from migratory birds (including raptors), any wildlife except white-tailed deer, mule deer, elk, turkeys, black bears, mountain lions, and any endangered species which beyond reasonable doubt is damaging property may be captured or killed by the owner of the property being damaged, or by his/her representative, at any time and without permit, but only by shooting or trapping except by written authorization of [the director]an agent of the department [or]but, for avian control, only by written authorization of the director or[ of] his/her designee. Wildlife may be so controlled only on the owner’s property to prevent further damage.

 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section [252.240]252.040, RSMo 2016. Original rule filed Aug. 15, 1973, effective Dec. 31, 1973.  For intervening history, please consult the Code of State Regulations. Amended: Filed August 26, 2019.

 

PUBLIC COST: This proposed amendment will cost the Department of Conservation approximately two thousand three hundred ninety-six dollars ($2,396) annually 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, 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.

 

 

FISCAL NOTE

PUBLIC COST

 

I.          Department Title: 3 – Department of Conservation

Division Title: 10-Conservation Commission

Chapter Title: 4—Wildlife Code: General Provisions

Rule Number and Name:	3 CSR 10-4.130 Owner May Protect Property; Public Safety
Type of Rulemaking:	Proposed Amendment

 

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision	Estimated Cost of Compliance in the Aggregate
Missouri Department of Conservation	$2,396 each year in conservation agent time to verify wildlife damage and issue authorizations.

 

III.        WORKSHEET

48 (Estimated number of incidents each year requiring authorization) X $49.92 (Average cost for Conservation agent time per incident) = $2,396 each year for the life of the rule.

 

975 (Number of wildlife damage/nuisance incidents responded to by Conservation agents in Fiscal Year 2019) X 5% (Estimated percentage of these incidents that could potentially be resolved in the future through the issuance of an authorization to utilize a method other than shooting or trapping) = 48 (Estimated number of incidents each year requiring authorization).

 

$24.96 (Average hourly rate for Conservation agents [$8,039,450 budgeted in current fiscal year to compensate all Conservation agent Grades / 161 Conservation agents / 2000 hours allotted per full time employee each year]) X 2 (Estimated number of hours required to verify damage and issue an authorization for each incident) = $49.92 (Average Cost for Conservation agent time per incident).

 

IV.         ASSUMPTIONS

Information is based on incident report data maintained by the Missouri Department of Conservation and assumes 5% of future incidents related to wildlife damage/nuisance complaints will be resolved by the issuance of an authorization to utilize a method other than shooting or trapping. It currently takes a conservation agent approximately 2 hours to verify damage and issue a destruction authorization for each incident involving crop depredation caused by deer. Based on the similarities of the work, it is assumed that it will also take approximately 2 hours for a Conservation agent to verify damage and issue an authorization for each incident where a method other than shooting or trapping is necessary to control damage caused by other wildlife species. The estimated yearly cost associated with the amendment assumes no increase in the number of wildlife damage/nuisance complaints, the percentage of incidents requiring authorization, and no change in the average hourly wage of conservation agents.