This amendment establishes an exception for landowners owning real property of any size and their authorized representatives to possess, control, and use night vision, infrared, and thermal imagery equipment to kill feral swine while in possession of any implement whereby wildlife could be killed or taken, and authorize the use of an artificial light or night vision, infrared, or thermal imagery equipment in conjunction with other legal hunting methods to pursue and take coyotes from February 1 through March 31.
Title 3 – Department of Conservation
Division 10 – Conservation Commission
(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 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;
(B) Artificial Light. No person shall throw or cast the rays of a spotlight, headlight, or other artificial light on any highway or roadway, whether public or private, or in any field, woodland, or forest for the purpose of spotting, locating, or attempting to take or hunt any game animal[, except raccoons or other furbearing animals when treed with the aid of dogs,] while having in possession or control, either singly or as one (1) of a group of persons, any firearm, bow, or other implement whereby game could be[;] killed or taken, except as follows:
1. An artificial light may be used to spot, locate, attempt to take and hunt raccoons
or other furbearing animals when treed with the aid of dogs while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken during the prescribed furbearer hunting season;
2. An artificial light may be used to spot, locate, attempt to take and hunt coyotes while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken from February 1 through March 31, but only in conjunction with other legal hunting methods, and not from or with any motor-driven air, land, or water conveyance or from or across a public roadway;
(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 [N]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 [by written authorization of an agent of the department and only as specifically authorized by him/her;]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;
(D) Dogs. Dogs may be used during the prescribed open seasons to chase, pursue, or take wildlife (except beaver, deer, elk, mink, muskrat, river otter, and turkey). All dogs used to hunt, chase, or pursue wildlife shall wear a collar while hunting that contains the full name and address, Conservation Number, or complete telephone number of the owner, except this provision does not apply to dogs used by waterfowl and game bird hunters. Furbearers, squirrels, and rabbits may not be chased, pursued, or taken with dogs during daylight hours of the November portion of the firearms deer season in Butler, Carter, Dent, Iron, Madison, Oregon, Reynolds, Ripley, Shannon, and Wayne counties or during daylight hours of the firearms portion of the elk season in Carter, Reynolds, and Shannon counties;
(E) Dogs (Training). For training dogs, wildlife (except deer, elk, turkey, mink, muskrat, river otter, and beaver) may be chased, but not captured or killed. No person, acting singly or as one (1) of a group, may possess or use a firearm while training dogs during the closed seasons, except that a pistol with blank ammunition may be used during daylight hours only. Training dogs shall include any act of allowing dogs to chase wildlife or to teach dogs to hunt wildlife;
(F) Falconry. Birds of prey of designated types may be used to pursue and take wildlife within the specified seasons and bag limits. Birds of prey may be possessed or used only by holders of a falconry permit;
(G) Firearms. Firearms may be used to take wildlife (except beaver, mink, muskrat, river otter, turtles, and fish) during the open seasons, with the following limitations: For hunting game birds (except the crow), pistols, revolvers, and rifles may not be used. Except for hunting deer and elk, any shotgun having a capacity of more than three (3) shells must have the magazine cut off or plugged with a device incapable of removal through the loading end, so as to reduce the capacity to not more than three (3) shells in magazine and chamber combined. Fully automatic firearms are prohibited;
(H) Special Firearms Provision. During the November portion and the antlerless portion of the firearms deer season in counties open to deer hunting, other wildlife may be hunted and feral hogs may be taken only with a pistol, revolver, or rifle firing a rimfire cartridge .22 caliber or smaller or a shotgun and shot not larger than No. 4, except that waterfowl hunters, trappers, landowners on their land may use other methods as specified in subsection (1)(G) of this rule;
(I) Bows, Crossbows, and Atlatl. Bows, crossbows, and atlatl may be used to take wildlife during the prescribed hunting seasons. Arrows, bolts, and darts containing any drug, poison, chemical, or explosive are prohibited, but illuminated sights, scopes, and quickpoint sights may be used. Hand-held string releasing mechanisms are permitted with bows;
(J) Slingshot. Slingshots may be used to take wildlife (except deer, elk, and turkey) during the prescribed hunting seasons;
(K) Cage-Type Trap. Groundhogs, rabbits, and squirrels may be taken by cage-type trap, the opening of which may not exceed one hundred forty-four (144) square inches, during the open hunting season, at any hour, by the holder of a hunting permit. Cage-type traps shall be plainly labeled on a durable material with the user’s full name and address or Conservation Number and shall be attended daily;
(L) Electronic Calls. Electronic calls may be used to pursue and take crows and furbearers, but without the aid of an artificial light or night vision, infrared, or thermal imagery equipment, except when pursuing or taking coyotes in accordance with paragraphs (1)(B)2. and (1)(C)2. of this section. Electronic calls or electronically-activated calls may not be used or possessed while hunting other species of wildlife except as specifically authorized;
(M) No person shall place or scatter grain or other food items in a manner that subjects any hunter to violation of baiting rules, as defined by federal regulations and in 3 CSR 10-7.431, 3 CSR 10-7.455, and 3 CSR 10-7.700 of this Code;
(N) Wildlife Retrieval. Any person while hunting who kills or injures any wildlife shall make a reasonable search to retrieve the wildlife and take it into his/her possession; however, this does not authorize trespass;
(O) Any properly licensed person with disabilities, as defined in this Code, may hunt and take wildlife from a stationary vehicle, provided while hunting s/he carries a physician’s statement provided by the department and signed by a licensed physician which certifies the person has either a permanent or temporary disability which qualifies him/her to hunt from a stationary vehicle. Printed copies of the physician’s statement form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. This disabled person shall provide a copy of the signed physician’s statement to the department within ten (10) days of receiving the exemption;
(P) Any resident of Missouri under the age of eighteen (18) diagnosed with a terminal illness may use a firearm or approved method for the season to hunt and take one (1) deer and one (1) turkey during any portion of the fall firearms or archery seasons on privately-owned land upon receipt of a method exemption. To receive a method exemption, the person must be sponsored by and participate in a hunt organized by a nonprofit charitable organization that has within its mission to provide opportunities and experiences for terminally ill persons. For purposes of this section, “terminal illness” means an incurable or irreversible condition with a corresponding life expectancy that does not exceed twelve (12) months, which has been documented by a licensed physician. Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. A method exemption shall be issued only once to an individual and will only be valid during the designated seasons within a twelve- (12-) month period;
(Q) Hunter Orange. During the youth, November, and antlerless portions of the firearms deer hunting season, all hunters shall wear a cap or hat and a shirt, vest, or coat having the outermost color commonly known as hunter orange which shall be plainly visible from all sides while being worn. Camouflage orange garments do not meet this requirement. This requirement shall not apply to migratory game bird hunters, to hunters using archery methods while hunting within municipal boundaries where discharge of firearms is prohibited, to hunters on federal or state public hunting areas where deer hunting is restricted to archery methods, or to hunters in closed counties during the antlerless portion of the firearms deer hunting season;
(R) Computer-Assisted Remote Hunting. Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices; and
(S) Wildlife may not be hunted, pursued, or taken with the use of poisons or tranquilizing drugs.
AUTHORITY: Sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2000.* Original rule filed July 22, 1974, effective Dec. 31, 1974.For intervening history, please consult the Code of State Regulations. Amended: Filed May 29, 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.