3 CSR 10- 7.439: Deer: Chronic Wasting Disease Management Program; Permit Availability, Methods, Limits

Purpose

This rule establishes requirements for obtaining and using no-cost CWD management permits.

Summary:

This rule establishes requirements for obtaining and using no-cost Chronic Wasting Disease Management Permits.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Proposed Amendment

(1)  Landowners with property located within a Chronic Wasting Disease (CWD) Management Zone as defined in 3 CSR 10-4.200 may enroll property in the department-sponsored Chronic Wasting Disease Management Program to obtain no-cost Chronic Wasting Disease Management Permits in accordance with the following:

  (A) For the purposes of this rule a landowner shall include any person owning at least twenty (20) contiguous acres within two (2) miles of a confirmed Chronic Wasting Disease-positive.

  (B) The landowner shall submit an application on a form provided by the department to enroll in the program. Application for enrollment in the program shall be on an annual basis.

  (C) Approval of applications received less than thirty (30) days prior to any deer hunting season cannot be guaranteed.

  (D) The landowner may designate persons who are authorized to receive no-cost Chronic Wasting Disease Management Permit(s) for use on the enrolled property. The landowner or his/her authorized representative shall submit the following information to the department for any person who is authorized to obtain no-cost Chronic Wasting Disease Management Permit(s): Name, domicile address, e-mail, phone number, conservation identification number, and property identification number assigned to the enrolled property by the department.

 

(2) The number of permits allocated for use on an enrolled property will be determined by the department based on localized disease-management goals.

 

(3) In addition to the take of deer in accordance with statewide deer hunting regulations, additional deer may be taken during the firearms and archery deer hunting seasons on properties enrolled in the department-sponsored Chronic Wasting Disease Management Program in accordance with the following:

  (A) Persons hunting or pursing additional deer on enrolled properties must possess a valid no-cost Chronic Wasting Disease Management Permit. No-cost Chronic Wasting Disease Management Permits may be obtained only by a person whose name, domicile address, e-mail, phone number, conservation identification number, and the enrolled property identification number has been submitted to the department by a participating landowner with property enrolled in the program. A valid resident, nonresident, or landowner Firearms Any-Deer Hunting Permit, Firearms Antlerless Deer Hunting Permit, Archer’s Hunting Permit, or Archery Antlerless Deer Hunting Permit is required as a prerequisite to obtain a no-cost Chronic Wasting Disease Management Permit.

  (B) Each no-cost Chronic Wasting Disease Management Permit is valid for one (1) deer of either sex. All no-cost Chronic Wasting Disease Management Permits are valid only on the enrolled property they were issued for.

  (C) Persons hunting or pursuing deer on a no-cost Chronic Wasting Disease Management Permit shall be properly licensed for the season they are hunting. Properly licensed during the Archery Deer Hunting Season shall mean possession of one (1) of the archery permits (either filled or unfilled) required by this rule as a prerequisite for obtaining a no-cost Chronic Wasting Disease Management Permit. Properly licensed during the Firearms Deer Hunting Season shall mean possession of one (1) of the firearms deer hunting permits (either filled or unfilled) required by this rule as a prerequisite for obtaining a no-cost Chronic Wasting Disease Management Permit.

  (D) Additional deer may be taken on enrolled properties only in accordance with statewide deer hunting regulations in this chapter. All applicable statewide season, method, permit, limit, tagging, and checking requirements apply, except antlered and antlerless deer limits established by 3 CSR 10-7.431, 3 CSR 10-7.434, and 3 CSR 10-7.437 shall not apply to deer taken on a no-cost Chronic Wasting Disease Management Permit.

 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040 RSMo 2016. Original rule filed August 26, 2019.

 

PUBLIC COST: This proposed rule will cost the Department of Conservation in the first year of operation an estimated six hundred fifty-six dollars ($656) with an annual-aggregate cost savings estimate of two thousand six hundred ninety-four dollars ($2,694)

 

PRIVATE COST: This proposed rule 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: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

Rule Number and Name:

3 CSR 10-7.439 Deer: Chronic Wasting Disease Management Program; Permit Availability, Methods, Limits

Type of Rulemaking:

Proposed Rule

 

 

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Department of Conservation

$656 (first year cost to the department) with an annual aggregate savings of $2,694

 

III.        WORKSHEET

[$3,350 (overall total cost of vendor payments to modify the department’s licensing platform system)] – [125 (hours saved for administration of the cwd permit system over the seal) X $21.55 (hourly rate for administration of the system)] = $3,350 - $2,694 (annual cost savings to the department) = $656

    

  1. ASSUMPTIONS

The vendor payment for changes to the permit system is a one-time payment.  We estimate the time savings from switching from a seal-type administration to permit-type system is 125 hours annually.  We assume a $21.55 hourly rate for administration of the system.

 

 

Official public comment period: October 2, 2019 to October 31, 2019