3 CSR 10- 7.410: Hunting Methods

Purpose

This rule prescribes the methods by which wildlife may be hunted.

Summary:

The proposed amendment allows the use of unmanned motor driven air conveyances, commonly referred to as Unmanned Aerial Systems (UAS), Unmanned Aerial Vehicles (UAV), Remotely Piloted Aircraft Systems (RPAS), and drones, for the purpose of locating and recovering wounded black bear, deer, elk, and turkey during the open hunting seasons. 

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 follows:[. 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;]

      1. Motorboats may be used if the motor has been completely shut off and 

      Its progress therefrom has ceased, except as provided in 3 CSR 10-7.431;

2. Unmanned motor-driven air conveyances, commonly referred to as Unmanned Aerial Systems (UAS), Unmanned Aerial Vehicles (UAV), Remotely Piloted Aircraft Systems (RPAS), and drones, may be used to locate and recover wounded black bear, deer, elk, and turkey only in accordance with the following:

A. 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;

B. Any person operating an unmanned motor-driven air conveyance for the purposes of this paragraph must first obtain permission from the public or private landowner, or their authorized representative, prior to launching or landing a motor-driven air conveyance from or on such landowner’s property. Nothing in this paragraph shall be construed to authorize trespass to locate and recover a wounded animal;

C. No person may possess or control a firearm, bow, or other implement whereby wildlife could be killed or taken while afield, whether acting singly or as one (1) of a group of persons, during times when an unmanned motor driven air conveyance is in flight. This restriction shall not apply to the possession of concealable firearms, as defined in Chapter 571, RSMo, provided such firearms are not used to take wildlife;

D.  Unmanned motor-driven air conveyances shall be operated in a manner that does not harass any wildlife.  For the purposes of this paragraph, harass means to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd or torment. No person, whether acting singly or as one (1) of a group of persons, may pursue or take any wildlife that has been harassed by or with the aid of an unmanned motor-driven air conveyance;

E. The use of an unmanned motor driven air conveyance in accordance with this paragraph is specifically excluded from the definitions of pursue and take as defined in this Code. Operators of unmanned motor driven air conveyances used in the recovery of a wounded animal as prescribed in this paragraph are exempt from hunting permit requirements, provided they are not the taker of the wounded animal;

      (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;

      4. An unmanned motor-driven air conveyance equipped with night vision, infrared, or thermal imagery devices may be possessed or controlled 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, but only as specifically authorized by paragraph (1)(A)2. of this rule for the purpose of locating and recovering wounded black bear, deer, elk, and turkey;

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 February 23, 2024.

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: April 2, 2024 to May 1, 2024