3 CSR 10- 9.354: Privileges of Class III Wildlife Breeders

(11) New permits for Class III wildlife breeding facilities for white-tailed deer, white-tailed deer hybrids, mule deer, or mule deer hybrids will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department;[ except, new permits may be issued during this time period for the existing location of a Class III wildlife breeding facility with a valid permit.] except as follows:

        (A) New permits may be issued during this time period for the existing location of a Class III wildlife breeding facility with a valid permit.

        (B) New permits may be issued during this time period for a Class III wildlife breeding facility located more than ten (10) miles and less than twenty-five (25) miles from a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department, provided:

              1. The perimeter of the facility is enclosed by a double fence having a minimum distance of ten feet (10’) between the interior and exterior fences. 

              2. The interior and exterior fences are constructed and maintained in

accordance with 3 CSR 10-9.220.

              3. For facilities subject to double fencing requirements as a condition of their permit, all applicable measurements for determining compliance with the minimum enclosure space requirements of 3 CSR 10-9.220 will be based on the interior fence.  

             4. No cervid may be confined in the area between the interior and exterior fences in facilities subject to double fencing requirements as a condition of their permit.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Jan. 22, 2021, effective Aug. 30, 2021. For intervening history, please consult the Code of State Regulations. Amended: Filed September 9, 2022, effective February 28, 2023.

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 approximately eighty-eight thousand four hundred fifty-five dollars ($88,455) in the aggregate each year. 

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.