3 CSR 10-11.110: General Provisions

Summary

This amendment establishes or clarifies permitted and restricted activities on department areas and authorizes the take of feral swine on department areas in accordance with 3 CSR 11.220 during deer and turkey hunting seasons.

Read and comment on the proposed changes

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Proposed Amendment

3 CSR 10-11.110: General Provisions

(1) [The following activities are allowed on department areas only where and as authorized by this chapter or by signs and area brochures or by a special use permit issued by the area manager: swimming, sailboarding, sailboating, skateboarding, boating, entry on areas closed to public use, bicycling, camping, shooting, hunting, fishing, trapping, removal of water, commercial use, vending, fires outside of designated camping areas, rock collecting, planting, digging and other soil disturbance, field trials, horseback riding, ranging of horses and other livestock, possession of pets and hunting dogs, caving, rock climbing, rappelling, paint-balling, scuba diving, water skiing, geocaching or letterboxing, the use and possession of vehicles and aircraft, the use of decoys, and the use or construction of blinds and tree stands.]Department areas may be used only as authorized by this chapter, except these rules shall not restrict department employees or their designees when conducting official events or activities. Department areas may be used only in accordance with the following:

  (A) Department areas designated as open to the public may be accessed and used for hiking, sightseeing, and nature observation. The locations and times when department areas may be entered, remained on, or used for these activities may be further restricted by this chapter, signs, or area maps.

  (B) The following activities are allowed on department areas as further authorized by this chapter:

    1. Entering or remaining on department areas, or designated portions of department

      areas (See 3 CSR 10-11.115)

    2. Possession of pets and hunting dogs (See 3 CSR 10-11.120)

    3. Field Trials (See 3 CSR 10-11.125)

    4. Use of vehicles, bicycles, horses, and horseback riding (See 3 CSR 10-11.130)

    5. Collecting of nuts, berries, fruits, edible wild greens, and mushrooms (See 3 CSR 10-11.135)

    6. Camping (See 3 CSR 10-11.140)

    7. Tree stands (See 3 CSR 10-11.145)

    8. Target shooting and use of shooting ranges (See 3 CSR 10-11.150)

    9. Decoys and Blinds (See 3 CSR 10-11.155)

    10. Use of boats and motors (See 3 CSR 10-11.160)

    11. Taking bullfrogs and green frogs (See 3 CSR 10-11.165)

    12. Hunting (See 3 CSR 10-11.180 through 3 CSR 10-11.186)

    13. Trapping (See 3 CSR 10-11.187)

    14. Fishing (See 3 CSR 10-11.200 through 3 CSR 10-11.215)

    15. Taking feral swine (See 3 CSR 10-11.220)

  (C) The following activities are prohibited on department areas and may not be authorized by a special use permit:

    1. Destruction, defacing, or removal of department property

    2. Digging or excavating

    3. Guiding for pay

    4. Military or law enforcement training by nongovernment entities

    5. Placing of grain, salt products, minerals, and other consumable products on land

    6. Placing or using trail or game cameras or other similar devices

    7. Use of paint ball, airsoft, or similar projectile weapons not specifically authorized by this Code

    8. Placement of honey bee apiaries

    9. Parking or storage of watercraft and commercial vehicles during closed hours

    10. Use of fireworks

    11. Use of remote-controlled boats or land vehicles

    12. Prospecting, exploring, mining, or extracting minerals, metals, oil, natural gas, or other nonrenewable resources, except as specifically approved by the commission

    13. Commercial or political advertising, except for commercial advertising by authorized concessionaires or by vendors participating in department events

  (D) Activities not listed in subsections (1)(A), (1)(B), or (1)(C) of this rule, including commercial use and vending, may be authorized by a special use permit when the activity is compatible with other authorized activities. Special use permits may be issued only by the area manager or their designee. Issuance of a special use permit is at the discretion of the department. Application for a special use permit does not guarantee that one will be issued. All persons entering, remaining on, or using a department area pursuant to a special use permit shall abide by the specific conditions stated on the permit.

  (E) Signs, posted regulations, or area maps may further restrict activities in accordance with this chapter, including designating portions of department areas as open or closed to public use. Area managers may temporarily close or change regulations on department areas through posting to protect the public from hazardous conditions and threats to public safety, to protect fish and wildlife resources, and for special events or resource management activities where public use conflicts are likely to occur. All persons entering, remaining on, or using a department area shall abide by signs, posted regulations, and area maps.

  (F) Collecting or possessing wild plants and wild animals (including invertebrates) and unprocessed parts thereof must be authorized by a Letter of Authorization for Plant Collecting or a Wildlife Collector’s Permit, respectively, except as otherwise authorized in this Code.

  (G) Waste containers may be used only for disposal of garbage, trash, refuse, or rubbish generated on the department area.

  (H) On Amidon Memorial Conservation Area within the Castor River Shut-Ins Natural Area, possession of food and beverage containers made of glass is prohibited.

  (I) On Thomas Hill Reservoir, swimming, sailboarding, scuba diving, and water skiing are permitted, except water skiing is prohibited north of Highway T on the Stinking Creek Arm of the lake and on the warm water arm of the lake upstream from the marker buoys.

  (J) On Rockwoods Reservation, rock climbing is allowed only in designated and posted areas.

 

[(2) Collecting or possessing wild plants and wild animals (including invertebrates) and unprocessed parts thereof must be authorized by a Letter of Authorization for Plant Collecting or a Wildlife Collector’s Permit, respectively, except as otherwise authorized in this Code.

 

(3) On Thomas Hill Reservoir, swimming, sailboarding, scuba diving, and water skiing are permitted, except water skiing is prohibited north of Highway T on the Stinking Creek Arm of the lake and on the warm water arm of the lake upstream from the marker buoys.

 

(4) The destruction, defacing, or removal of department property and use of fireworks are prohibited.

 

(5) Possession of glass food and beverage containers is prohibited within the Castor River Shut-Ins Natural Area on Amidon Memorial Conservation Area.

 

(6) Waste containers may be used only for disposal of garbage, trash, refuse, or rubbish generated on the department area.

 

(7) Guiding for pay is prohibited on department areas.

 

(8) Feral livestock may not be taken on lands owned or leased by the Department of Conservation.]

 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. This rule previously filed as 3 CSR 10-4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: 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 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

Apr 02, 2020 to May 01, 2020
Apr 01, 2020

Volume

45

Number

5

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