Rules of Department of Conservation Division 10—Conservation Commission Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards Title Page

3 CSR 10-9.105 General Provisions ...... 3 3 CSR 10-9.106 Confined Wildlife Permits: How Obtained, Replacements ...... 6 3 CSR 10-9.110 General Prohibition; Applications ...... 6 3 CSR 10-9.220 Wildlife Confinement Standards ...... 9 3 CSR 10-9.230 Class I Wildlife ...... 12 3 CSR 10-9.240 Class II Wildlife ...... 12 3 CSR 10-9.350 Class I Wildlife Breeder Permit ...... 12 3 CSR 10-9.351 Class II Wildlife Breeder Permit ...... 12 3 CSR 10-9.353 Privileges of Class I and Class II Wildlife Breeders ...... 12 3 CSR 10-9.359 Class I and Class II Wildlife Breeder: Records Required ...... 14 3 CSR 10-9.415 Wildlife Rehabilitation Permit ...... 14 3 CSR 10-9.420 Wildlife Hobby Permit ...... 14 3 CSR 10-9.425 Wildlife Collector’s Permit ...... 14 3 CSR 10-9.430 Bird Banding ...... 15 3 CSR 10-9.440 Resident Falconry Permit ...... 15 3 CSR 10-9.442 Falconry ...... 15 3 CSR 10-9.560 Licensed Hunting Preserve Permit ...... 18 3 CSR 10-9.565 Licensed Hunting Preserve: Privileges ...... 18 3 CSR 10-9.566 Licensed Hunting Preserve: Records Required ...... 19 3 CSR 10-9.570 Hound Running Area Operator and Dealer Permit ...... 20 3 CSR 10-9.575 Hound Running Area: Privileges, Requirements ...... 20

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 1 Secretary of State 3 CSR 10-9.605 Wildlife Collector’s Permit (Moved to 3 CSR 10-9.425) ...... 20 3 CSR 10-9.610 Bird Banding (Moved to 3 CSR 10-9.430) ...... 20 3 CSR 10-9.615 Wildlife Rehabilitation Permit (Moved to 3 CSR 10-9.415)...... 20 3 CSR 10-9.620 Wildlife Hobby Permit (Moved to 3 CSR 10-9.420) ...... 20 3 CSR 10-9.625 Field Trial Permit ...... 20 3 CSR 10-9.627 Dog Training Area Permit ...... 21 3 CSR 10-9.628 Dog Training Area: Privileges ...... 21 3 CSR 10-9.630 Confined Wildlife Permits: How Obtained, Replacements (Rescinded March 1, 2003) ...... 22 3 CSR 10-9.640 Licensed Trout Fishing Area Permit ...... 22 3 CSR 10-9.645 Licensed Trout Fishing Area Permit: Privileges, Requirements ...... 22

2 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

Title 3—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards

3 CSR 10-9.105 General Provisions

PURPOSE: This rule establishes general pro- visions for the chapter, to be consistent with the format of other chapters.

(1) Any person holding wildlife in captivity in any manner shall have in his/her posses- sion the prescribed permit or evidence of exemption. The commission may suspend, revoke, or deny a permit or privilege for cause, but not until an opportunity has been afforded for a hearing before the commission or its authorized representative. The hearings under this section shall be a contested case pursuant to Chapter 536, RSMo, and any person aggrieved by a final decision shall be entitled to judicial review as provided in Chapter 536, RSMo.

(2) Confined wildlife held under permit with- in the provision of this chapter shall include only those species listed on the following Approved Confined Wildlife Species List:

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 3 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

Approved Confined Wildlife Species List

Species Code No. Common Name Scientific Name

Class I Wildlife Breeders Game Birds Ducks, Anas platyrhynchos Grouse, Blue Dendragapus obscurus Grouse, Greater Sage- Centrocercus urophasianus Grouse, Gunnison Sage- Centrocercus minimus Grouse, Ruffed Bonasa umbellus Grouse, Sharp-tailed Tympanuchus phasianellus Grouse, Spruce Falcipennis canadensis Partridge, Gray Perdix perdix Pheasant, Ring-necked (all subspecies) Phasianus colchicus Ptarmigan, Rock Lagopus mutus Ptarmigan, White-tailed Lagopus leucurus Ptarmigan, Willow Lagopus lagopus Quail, Bobwhite (all subspecies) Colinus virginianus Quail, California Callipepla californica Quail, Gamble’s Callipepla gambelii Quail, Mountain Oreortyx pictus Quail, Scaled Callipepla squamata Turkey, Wild (all subspecies) Melagris gallopava Mammals Armadillo, Nine-banded Dasypus novemcinctus Taxidea taxus Beaver Castor canadensis Lynx rufus Chipmunk, Eastern Tamias striatus Canis latrans Deer, Mule Odocoileus hemionus Deer, White-tailed Odocoileus virginianus Fox, Gray Urocyon cinereoargenteus Fox, Red Vulpes vulpes (Woodchuck) Marmota monax Mink Neovison vison Ondatra zibethicus Opossum Didelphis virginiana Otter, River Lontra canadensis Rabbit, Sylvilagus floridanus Rabbit, Swamp Sylvilagus aquaticus Procyon lotor Squirrel, Eastern Gray Sciurus carolinensis Squirrel, Fox Sciurus niger Squirrel, Franklin’s Ground Spermophilus franklinii Squirrel, Thirteen-lined Ground Spermophilus tridecemlineatus Squirrel, Southern Flying Glaucomys volans Weasel, Least Mustela nivalis Weasel, Long-tailed Mustela frenata Salamanders Newt, Central Notophthalmus viridescens Salamander, Tiger Ambystoma tigrinum Frogs and Toads Bullfrog Rana catesbeiana Frog, Green (Bronze) Rana clamitans Frog, Southern Leopard Rana sphenocephala Toad, American Bufo americanus Treefrog, Eastern (Cope’s) Gray Hyla versicolor/chrysoscelis Treefrog, Green Hyla cinerea

4 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

Species Code No. Common Name Scientific Name

Reptiles Turtles Cooter, River Pseudemys concinna Slider, Red-eared Trachemys scripta elegans Softshell, Smooth Apalone mutica Softshell, Spiny Apalone spinifera Turtle, Ornate Box Terrapene ornate Turtle, Alligator Snapping Macrochelys temminckii Turtle, Common Map Graptemys geographica Turtle, Common Musk (Stinkpot) Turtle, Common Snapping Chelydra serpentine Turtle, Mississippi Mud Kinosternon subrubrum Turtle, Southern Painted Chrysemys picta dorsalis Turtle, Three-toed Box Terrapene carolina triunguis Turtle, Western Painted Chrysemys picta belli Lizards Lizard, Eastern Collared Crotaphytus collaris Lizard, Prairie (Fence) Sceloporus consobrinus (undulates) Lizard, Slender Glass Ophisaurus attenuatus Lizard, Horned Phrynosoma cornutum Skink, Five-lined Eumeces fasciatus Snakes Bullsnake Pituophis catenifer sayi Kingsnake, Prairie Lampropeltis calligaster Kingsnake, Speckled holbrooki Snake, Black Rat Elaphe obsoleta obsoleta Snake, Eastern Garter Thamnophis sirtalis sirtalis Snake, Eastern Hog-nosed Heterodon platirhinos Snake, Rat Elaphe guttata emoryi Snake, Red Milk Lampropeltis triangulum syspila Snake, Red-sided Garter Thamnophis sirtalis parietalis Snake, Western Hog-nosed (Dusty and Plains) Heterodon nasicus Class II Wildlife Breeders Bear, Black (& hybrids) Ursus americanus Copperhead Cottonmouth Lion, Mountain (& hybrids) Puma concolor Rattlesnake, Pygmy Sistrurus miliarius Rattlesnake, Timber (Canebrake) Crotalus horridus , Gray (& hybrids) Canis lupus Game Bird Hunting Preserves Ducks, Mallard Anas platyrhynchos Partridges, Exotic (all species) All species Pheasants (all species) All species Quail (all species) All species Big Game Hunting Preserves Antelope, Antilocapra americana Boar, Wild (including feral hogs, razorback hogs, European boars and other pig species) Caribou (Reindeer) Rangifer tarandus Deer, Fallow Dama dama Deer, Mule Odocoileus hemionus Deer, Red Cervus species Deer, Sika Cervus nippon Deer, White-tailed Odocoileus virginianus Cervus elaphus Goat, Mountain Oreamnos americanus Moose Alces alces Sheep, Bighorn Ovis canadensis Sheep, Dall Ovis dalli Ungulates (other species) deer, antelope deer, goats, sheep, etc.

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 5 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

Species Code No. Common Name Scientific Name

Wildlife Hobby Badger Taxidea taxus Beaver Castor canadensis Bobcat Lynx rufus Coyote Canis latrans Fox, Gray Urocyon cinereoargenteus Fox, Red Vulpes vulpes Groundhog (Woodchuck) Marmota monax Mink Neovison vison Muskrat Ondatra zibethicus Opossum Didelphis virginiana Otter, River Lontra canadensis Pheasant, Ring-necked (all subspecies) Phasianus colchicus Quail, Bobwhite (all subspecies) Colinus virginianus Rabbit, Eastern Cottontail Sylvilagus floridanus Rabbit, Swamp Sylvilagus aquaticus Raccoon Procyon lotor Squirrel, Eastern Gray Sciurus carolinensis Squirrel, Fox Sciurus niger Weasel, Least Mustela nivalis Weasel, Long-tailed Mustela frenata Wildlife Collector’s Permit Species and numbers of each are limited to those specified on the permit. Resident Falconry Permit Birds of prey as permitted under 3 CSR 10-9.422. Hound Running Area Operator and Dealer Permit Coyote Canis latrans Fox, Gray Urocyon cinereoargenteus Fox, Red Vulpes vulpes Field Trial Permit Ducks, Mallard Anas platyrhynchos Partridges, Exotic (all species) All species Pheasants (all species) All species Quail (all species) All species Dog Training Area Permit Drake, Mallard Anas platyhynchos Partridges, Exotic (all species) All species Pheasants (all species) All species Quail (all species) All species AUTHORITY: sections 40 and 45 of Art. IV, Confined wildlife permits and replacements rated by reference as a portion of this rule Mo. Const. and section 252.240, RSMo for them may be issued only through the would be unduly cumbersome or expensive. 2000.* Original rule filed June 9, 1993, department office in Jefferson City upon This material as incorporated by reference in effective Jan. 1, 1994. Amended: Filed April receipt of proper application and the required this rule shall be maintained by the agency at 25, 1996, effective March 1, 1997. Amended: permit fee. A service fee of three dollars ($3) its headquarters and shall be made available Filed Sept. 29, 2004, effective Feb. 28, 2005. is required for a replacement confined to the public for inspection and copying at no Amended: Filed Sept. 14, 2005, effective Feb. wildlife permit. more than the actual cost of reproduction. 28, 2006. Amended: Filed Oct. 2, 2006, This note applies only to the reference mate- effective Feb. 28, 2007. Amended: Filed AUTHORITY: sections 40 and 45 of Art. IV, rial. The entire text of the rule is printed March 19, 2007, effective April 1, 2007. Mo. Const. This rule previously filed as 3 here. Amended: Filed Sept. 30, 2010, effective CSR 10-9.630. Original rule filed May 9, March 1, 2011. Amended: Filed Sept. 27, 2002, effective March 1, 2003. (1) Possession of Native Species. 2013, effective March 1, 2014. (A) A maximum of five (5) specimens of any native wildlife not listed in 3 CSR 10- *Original authority: 252.240, RSMo 1972, amended 3 CSR 10-9.110 General Prohibition; 4.110(4) or 3 CSR 10-9.240, except endan- 1984. Applications gered species, bats, dusty hog-nosed snake, Kirtland’s snake, western fox snake, and alli- PURPOSE: This rule prohibits the pursuit, gator snapping turtles, may be taken and pos- 3 CSR 10-9.106 Confined Wildlife Permits: taking, possession, or any use of wildlife sessed alive by a resident of without How Obtained, Replacements except as provided in the Code. permit, but these animals shall not be bought or sold. Bones, skins, shells, and other parts PURPOSE: This rule moves the language in 3 PUBLISHER’S NOTE: The secretary of state of such wildlife may be possessed for person- CSR 10-9.630 to the beginning of Chapter 9 has determined that the publication of the al use without permit, but these wildlife parts for easier reference and better organization. entire text of the material which is incorpo- in any form shall not be bought or sold.

6 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

Wildlife held under this subsection may not 2. Scientific research conducted by, or (G) That the privileges of this section be transported (or shipped) from the state. food for confined animals held by, an autho- apply only to the following: (B) Native invertebrates listed in the cur- rized representative of a university, college, 1. Species listed in the Approved Aquat- rent Missouri Species and Communities of school, incorporated city, state, or federal ic Species List (including all subspecies, vari- Conservation Concern Checklist booklet, agency, publicly-owned zoo or wildlife or eties, and hybrids of the same bought, sold, which is hereby incorporated in this Code by research organization, or other qualified indi- transported, propagated, taken, and pos- reference, may only be collected and held by vidual. sessed for purposes of aquaculture, but holders of a Wildlife Collector’s Permit and (E) Only the Virile (or “Northern”) cray- excluding transgenic forms); only as prescribed in 3 CSR 10-9.425. This fish (Orconectes virilis) may be purchased for 2. Species frozen or processed for sale booklet is published annually in January by, re-sale or sold for use as live bait. Live Vir- as food products; and a printed copy can be obtained from, the ile (“Northern”) crayfish may not be import- 3. Species incapable of surviving in Missouri Department of Conservation, PO ed into the state. fresh water; Box 180, Jefferson City, MO 65102-0180 and (F) That the privileges of this section do 4. Fish held only in aquaria, tanks, or is also available online at www.missouricon- not apply to taking or possession in, on, or other containers having water or solid wastes servation.org. This rule does not incorporate from waters of the state, waters stocked by discharged only into septic systems or munic- any subsequent amendments or additions to the state, or waters subject to movements of ipal waste treatment facilities that are the Checklist. fishes into and from waters of the state, designed and operated according to guide- except— lines of the Missouri Department of Natural (2) Except for federally-designated endan- 1. Animals defined as live bait and pos- Resources or that entirely recirculate all of gered species and species listed in 3 CSR 10- sessed under provisions of this section may the water so that none of it shall drain into a 4.117 and 3 CSR 10-9.240, the following be possessed on the waters of the state for use water body; may be bought, sold, possessed, transported, as live bait except that bighead carp and sil- 5. Species other than fish held only in and exhibited without permit: Asiatic clams ver carp may not be used as live bait but may aquaria, tanks, or other containers that have (Corbicula species) taken from impound- be used as dead or cut bait; the following specifications: all containers ments that are not waters of the state; bison; 2. Fish cultured by a commercial fish including the drain pipe or stand pipe must be amphibians, reptiles, and mammals not native producer that remain in a man-made completely covered with an intact screen of a to Missouri; and those birds (except ring- impoundment following inundation by flood- maximum mesh size of one-sixteenth inch necked pheasants and gray partridge) not ing from waters of the state as defined in this (1/16") square, and having water or solid native to the continental United States. Code shall be considered the property of the wastes discharged only into septic systems or (3) Fish and crayfish may be bought, sold, impoundment owner; provided the remaining municipal waste treatment facilities that are transported, propagated, taken, and pos- fish species are the same as were present in designed and operated according to guide- sessed by any person without permit through- the impoundment prior to inundation. Any lines of the Missouri Department of Natural out the year in any number or size and by any other fish species in the impoundment shall Resources or that entirely recirculate all of method providing— be considered the property of the state and the water so that none of it shall drain into a (A) That person has in his/her possession not available for sale, and shall be returned water body; and a dated, written statement showing the num- unharmed immediately to the waters of the 6. Species or systems that do not meet ber or weight of each species and the weight state when harvested; and the conditions of one of paragraphs 1. of extracted fish eggs (raw or processed) of 3. With the written authorization of the through 5. above that have been inspected by each species, as proof that such animals or director, a privately owned impoundment that a representative of the department and fish eggs were obtained from other than is entirely confined and located completely received prior written approval from the waters of the state or from a licensed com- upon lands owned or leased by a single per- director. Only closed systems from which the mercial fisherman, provided that animals or son or by two (2) or more persons jointly or escape of live organisms (including eggs, par- fish eggs from outside the state were legally as tenants in common or by corporate share- asites, and diseases) is not possible will be obtained from a commercial source; holders, and that is designated as waters of approved. A system is considered closed (B) That person shall keep a dated receipt the state, may be used for the commercial when it is contained securely within an that includes the number or weight of each production of species listed in the Approved enclosed structure having no discharge of species and the weight of extracted fish eggs Aquatic Species List in 3 CSR 10-9.110 water or solid wastes. Any water or solid (raw or processed) of each species, that were (3)(G) that were not stocked by the depart- wastes removed from the system shall be dis- sold or given away and the name, address, ment, provided that— posed only into septic systems or municipal and signature of the recipient. These receipts A. The impoundment owner has in waste treatment facilities that are designed shall be retained for three (3) years and shall his/her possession a dated, written statement and operated according to guidelines of the be made available for inspection by an autho- showing the number or weight of each Missouri Department of Natural Resources. rized agent of the department at any reason- species stocked as proof that such animals Outdoor impoundments are not considered able time; were legally obtained from other than waters closed systems; and (C) That person is in compliance with all of the state or from a licensed commercial (H) Approved Aquatic Species List. provisions of this Code pertaining to impor- fisherman; 1. Fishes. tation, purchase, or sale of endangered B. The species being produced may A. Shovelnose species, and importation of live fish or viable be harvested by the methods and under the (Scaphirhynchus platorynchus) fish eggs of the family Salmonidae; conditions specified in the director’s written B. Paddlefish (Polyodon spathula) (D) Except as further provided in this rule, authorization. All other species caught during C. Spotted gar (Lepisosteus oculatus) live crayfish, other than those prohibited in 3 culture activities must be returned unharmed D. Longnose gar (Lepisosteus osseus) CSR 10-4.117, may be imported, bought, or immediately to the water; and E. Shortnose gar (Lepisosteus sold only for— C. Statewide seasons, methods, and platostomus) 1. Human consumption; or limits apply for all other species; F. Bowfin (Amia calva)

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 7 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

G. American eel (Anguilla rostrata) UU. Smallmouth bass (Micropterus may include removal of reasonable samples of H. Gizzard shad (Dorosoma cepedi- dolomieu) fish or eggs for biological examination. anum) VV. Spotted bass (Micropterus punc- I. Threadfin shad (Dorosoma pete- tulatus) AUTHORITY: sections 40 and 45 of Art. IV, nense) WW. (Micropterus Mo. Const. and section 252.240, RSMo J. (Oncorhynchus salmoides) 2000.* This rule was previously filed as 3 mykiss) XX. White crappie (Pomoxis annu- CSR 10-4.110(5), (6), and (10). Original rule K. Golden trout (Oncorhynchus laris) filed June 26, 1975, effective July 7, 1975. aquabonita) YY. Black crappie (Pomoxis nigro- Amended: Filed July 15, 1976, effective Dec. L. Cutthroat trout (Oncorhynchus maculatus) 31, 1976. Amended: Filed April 20, 1978, clarkii) ZZ. (Perca flavescens) effective Aug. 15, 1978. Amended: Filed July M. Brown trout (Salmo trutta) AAA. Sauger (Sander canadensis) 15, 1978, effective Oct. 12, 1978. Amended: Filed July 30, 1979, effective Jan. 1, 1980. N. Brook trout (Salvelinus fontinalis) BBB. Walleye (Sander vitreus) Amended: Filed Aug. 1, 1980, effective Jan. O. Coho salmon (Oncorhynchus CCC. Freshwater drum (Aplodinotus 1, 1981. Amended: Filed July 31, 1981, effec- kisutch) grunniens) 2. Crustaceans. tive Jan. 1, 1982. Amended: Filed July 27, P. Atlantic Salmon (Salmo salar) 1982, effective Jan. 1, 1983. Amended: Filed Q. (Esox lucius) A. Freshwater prawn (Macrabrachi um rosenbergii) Aug. 1, 1983, effective Jan. 1, 1984. Amend- R. Muskellunge (Esox masquinongy) ed: Filed Aug. 6, 1985, effective Jan. 1, S. Goldfish (Carassius auratus) B. Pacific white shrimp (Litopenaeus vannamei) 1986. Amended: Filed Aug. 7, 1986, effective T. Grass carp (Ctenopharyngodon Jan. 1, 1987. Amended: Filed July 30, 1987, idella) C. Virile (“Northern”) crayfish (Orconectes virilis) effective Jan. 1, 1988. Amended: Filed Aug. U. Common carp (Cyprinus carpio) 8, 1989, effective Jan. 1, 1990. Amended: D. White River crawfish (Procam- V. Bighead carp (Hypophthalmichthys Filed May 10, 1990, effective Jan. 1, 1991. barus acutus) nobilis) Amended: Filed May 10, 1991, effective Jan. E. Red Swamp crawfish (Procam- W. Golden shiner (Notemigonus 1, 1992. Amended: Filed April 28, 1992, barus clarkii) crysoleucas) effective Feb. 26, 1993. Emergency amend- F. Calico (“Papershell”) crayfish X. Bluntnose minnow (Pimephales ment filed Dec. 29, 1992, effective Jan. 9, (Orconectes immunis) notatus) 1993, expired May 8, 1993. Amended: Filed Y. Fathead minnow (Pimephales (4) Live fish, their eggs, and gametes of the Dec. 29, 1992, effective June 7, 1993. This promelas) version of rule filed June 9, 1993, effective family Salmonidae (trouts, char, salmon) may Z. River carpsucker (Carpiodes car- Jan. 31, 1994. Amended: Filed April 27, be imported to the state only by the holder of pio) 1994, effective Jan. 1, 1995. Amended: Filed a salmonid importation permit and any other May 30, 1995, effective Jan. 1, 1996. AA. Quillback (Carpiodes cyprinus) appropriate state permit. An importation per- Amended: Filed April 25, 1996, effective BB. White sucker (Catostomus com- mit shall be required for each shipment and March 1, 1997. Amended: Filed June 5, mersoni) will be issued at no charge. Application 1996, effective Dec. 30, 1996. Amended: CC. Blue sucker (Cycleptus elonga- forms for the salmonid importation permit tus) Filed July 9, 1997, effective March 1, 1998. can be obtained from the Missouri Depart- Amended: Filed May 6, 1998, effective DD. Bigmouth buffalo (Ictiobus ment of Conservation, PO Box 180, Jefferson cyprinellus) March 1, 1999. Amended: Filed May 10, City, MO 65102-0180 and online at 1999, effective March 1, 2000. Amended: EE. Black bullhead (Ameirus melas) www.missouriconservation.org. The applica- FF. Yellow bullhead (Ameirus natalis) Filed April 24, 2000, effective March 1, tion for salmonid importation permit must be 2001. Amended: Filed June 1, 2001, effective GG. Brown bullhead (Ameirus nebu- received not less than fifteen (15) nor more losus) Oct. 30, 2001. Amended: Filed May 9, 2002, than eighty (80) days prior to the proposed effective March 1, 2003. Amended: Filed July HH. Blue catfish (Ictalurus furcatus) date of shipment. Prior to permit issuance, II. Channel catfish (Ictalurus puncta- 31, 2002, effective June 30, 2003. Amended: the immediate source of the importation must Filed May 9, 2003, effective Oct. 30, 2003. tus) be currently certified as negative for viral Amended: Filed Oct. 9, 2003, effective JJ. Flathead catfish (Pylodictis oli- hemorrhagic septicemia, infectious pancreat- March 30, 2004. Amended: Filed Oct. 8, varis) ic necrosis, infectious hematopoietic necro- 2004, effective March 30, 2005. Amended: KK. Mosquitofish (Gambusia affinis) sis, Myxobolus cerebralis, or other diseases Filed April 20, 2005, effective Sept. 30, 2005. LL. White bass (Morone chrysops) which may threaten fish stocks within the Amended: Filed Sept. 14, 2005, effective Feb. MM. Striped bass (Morone saxatilis) state, must have been certified negative for 28, 2006. Amended: Filed April 17, 2006, NN. Green sunfish (Lepomis cyanel- the previous three (3) consecutive years, and effective Sept. 30, 2006. Amended: Filed Oct. lus) must not pose a threat of introducing unwant- 2, 2006, effective Feb. 28, 2007. Amended: OO. Pumpkinseed (Lepomis gibbo- ed species. When importing live fish, the Filed Aug. 14, 2007, effective Jan. 30, 2008. sus) immediate source of importation must be cer- Amended: Filed Oct. 10, 2008, effective April PP. Warmouth (Lepomis gulosus) tified as currently free of Salmincola spp. 30, 2009. Amended: Filed March 23, 2009, QQ. Orangespotted sunfish (Lepomis Certification will only be accepted from fed- effective March 1, 2010. Amended: Filed humilis) eral, state, or industry personnel approved by Sept. 25, 2009, effective March 1, 2010. RR. (Lepomis macrochirus) the department and only in accordance with Amended: Filed Sept. 30, 2010, effective SS. Longear sunfish (Lepomis mega- provisions on the permit application form. March 1, 2011. Amended: Filed March 7, lotis) Fish, eggs, and gametes imported under this 2011, effective July 30, 2011. Amended: Filed TT. Redear sunfish (Lepomis microlo- permit are subject to inspection by authorized Sept. 12, 2011, effective March 1, 2012. phus) agents of the department and this inspection Amended: Filed Sept. 19, 2012, effective

8 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

March 1, 2013. Amended: Filed Sept. 27, the web of one (1) foot. Other captive-reared appropriate locks and chains. Enclosures 2013, effective March 1, 2014. migratory waterfowl must be physically shall be constructed with a den, nest box or marked prior to six (6) weeks of age by at connected housing unit that can be closed off *Original authority: 252.240, RSMo 1972, amended 1984. least one (1) of the following methods and as and locked with the animal inside, or be a provided in federal regulations. divided cage with a door between the com- 1. Removal of the hind toe from the partments, to allow servicing and cleaning. 3 CSR 10-9.220 Wildlife Confinement right foot. The enclosure mesh size or spacing of bars Standards 2. Pinioning of a wing; provided that shall be sufficient to prevent escape. A barri- this method shall be the removal of the er system of wet or dry moats or structures, PURPOSE: This rule establishes standards to metacarpal bones of one (1) wing or a portion as approved by the American Association of be followed by those holding wildlife in cap- of the metacarpal bones which renders the Zoological Parks and Aquariums, will meet tivity to assure the animals are confined in bird permanently incapable of flight. these requirements. humane and sanitary conditions and in ways 3. Banding of one (1) metatarsus with a (A) Class II wildlife shall be confined in that prevent escape. seamless metal band. cages, pens, enclosures or in buildings of suf- 4. Tattooing of a readily discernible ficient strength with restraints affixed to all (1) Cages, pens or other enclosures for con- number or letter or combination thereof on windows, doors or other means of entry or fining wild animals shall be well braced, the web of one (1) foot. exit. securely fastened to the floor or ground, cov- NOTE: (For federal regulations on migratory (B) Cages, pens or other enclosures for ered with a top as required and constructed waterfowl, see Title 50, Parts 20 and 21 of the Class II wildlife shall meet the standards out- with material of sufficient strength to prevent Code of Federal Regulations.) lined in Appendix A of this rule, which is escape. Animals may not be released to the included herein. wild and must be confined at all times in (2) Cages, pens or other enclosures for Class cages, pens or enclosures except in lead or (4) Care of captive turtles shall meet require- drag races or birds held under a falconry per- I wildlife shall meet the following standards: Space Per ments set out in section (1). At least ten (10) mit or as otherwise permitted in this chapter. gallons of water shall be provided for each Except for unweaned young, Class II wildlife Each Enclosure Additional Enclosure adult aquatic turtle over four inches (4") in and bobcat, American badger, coyote, shell length, and three (3) gallons of water and may not roam freely anywhere Space Animal Height Species (sq. ft.) (sq. ft.) (ft.) shall be provided for each hatchling or turtle within a residence or inhabited dwelling. The under four inches (4") in shell length. At following requirements shall be met: (A) American Badger 30 6 4 least four (4) square feet of ground space (A) Clean drinking water shall be available shall be provided for each box turtle over in adequate amounts at all times. Semiaquatic (B) Beaver 40 8 5 (C) Bobcat 32 8 6 three inches (3") in shell length and one (1) animals, such as beaver and muskrat, shall be square foot of ground space shall be provided provided a pool of sufficient water depth for (D) Coyote 80 25 6 (E) E. Cotton- for each hatchling or turtle under three inch- the animal to completely submerge. es (3") in shell length. (B) A shelter shall be provided for securi- tail Rabbit 15 3 3 ty and protection from inclement weather. (F) Fox Squirrel 9 3 4 (5) Mobile temporary exhibit and wildlife Shade or an overhead structure shall be pro- (G) Gray Fox 40 8 5 auction/sale facilities may be used to confine vided in warm seasons. (H) Gray wildlife for no more than fourteen (14) days (C) Captive wildlife shall be fed daily or as Squirrel 9 3 4 and shall meet the following criteria: required with a diet appropriate to the species (I) Groundhog 12 3 5 (A) Facilities shall be of sufficient size to and the age, size and condition of the animal. (J) Mink 9 3 2 ensure that each animal or compatible groups Feeding containers shall be kept clean and (K) Muskrat 12 5 3 of animals can stand erect, turn about freely uneaten food removed within a reasonable (L) Nine-Banded and lie naturally. Facilities shall be designed time. Armadillo 12 4 2 to provide fresh air, be free from injurious (D) Animal wastes shall be removed daily (M) Otter 36 6 4 drafts and engine exhaust fumes, and provide and disposed of properly. If bedding is pro- (N) Raccoon 24 6 5 adequate protection from the elements. The vided, it shall be cleaned out and replaced (O) Red Fox 40 8 5 structural strength of the facilities shall be every two (2) weeks. (P) Virginia sufficient to contain the wildlife and to with- (E) Facilities for holding captive-reared Opossum 12 3 3 stand the normal rigors of transportation. migratory waterfowl must be designed to pre- (Q) Weasel 9 3 2 (B) Class I wildlife facilities shall contain vent escape to surrounding properties and (R) White-Tailed doors that are locked when unattended, but managed to prevent contact with non-captive Deer 500 125 8 easily accessible at all times for emergency migratory waterfowl. Captive-reared mallard removal of the wildlife. ducks may be temporarily released for flight (3) Cages, pens or other enclosures for con- (C) Facilities for Class II wildlife and bob- exercise beginning one (1) hour after sunrise. fining Class II wildlife shall be constructed to cat, American badger, coyote, red fox and Facilities must be designed to re-capture such prevent direct physical contact with the pub- gray fox shall be designed to prevent direct ducks, and a reasonable effort must be made lic. At a minimum, this may be accomplished physical contact by the public and construct- to re-capture them by one (1) hour after sun- by a secondary barrier of wire mesh no ed of steel or case hardened aluminum. Facil- set each day. smaller than eleven and one-half (11 1/2) ities must have at least two (2) openings (F) Captive-reared mallard ducks must be gauge with openings of no more than nine (9) which are easily accessible at all times for physically marked prior to six (6) weeks of square inches, with a minimum distance of emergency removal of the wildlife. Doors age by removal of the hind toe from the right three feet (3') between animal cage and pub- shall be locked at all times. foot, or by tattooing of a readily discernible lic and a minimum height of six feet (6'). (D) Venomous reptiles shall only be trans- number or letter or combination thereof on Doors shall remain locked at all times with ported in a strong escape-proof enclosure

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 9 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

capable of withstanding a strong impact. Enclosures shall be locked and prominently labeled with the owner’s full name, address, telephone number, list of species being trans- ported, and a sign labeled VENOMOUS.

(6) Other wildlife native to Missouri not list- ed in sections (2) and (3) and in rule 3 CSR 10-9.110, and birds native to the continental United States, shall be cared for and confined in facilities that provide comparable require- ments for similar size animals as listed in this rule.

(7) Requirements of this rule shall not apply to wildlife under the care of a veterinarian or rehabilitation center, or to animals legally held in circuses, publicly owned zoos, Amer- ican Zoo and Aquarium Association (AZA) accredited not-for-profit facilities, bona fide research facilities or on fur farms whose sole purposes are to sell pelts or live animals to other fur farms and whose facilities meet generally accepted fur farming industry stan- dards and adhere to provisions of sections (1), (3), and (5) of this rule.

(8) Other variations from requirements of this rule shall be only as specifically authorized by the director.

10 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 11 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

AUTHORITY: sections 40 and 45 of Art. IV, Class II wildlife shall include copperheads, vided in federal regulations but that such Mo. Const. This rule was previously filed as cottonmouths, timber rattlesnakes, pygmy waterfowl may only be hunted as provided in 3 CSR 10-3.020. Original rule filed Nov. 2, rattlesnakes, massasauga rattlesnakes, moun- 3 CSR 10-9.625 of this Code. 1984, effective Feb. 11, 1985. Amended: tain lions or mountain lion-hybrids, or Filed Aug. 6, 1985, effective Jan. 1, 1986. wolf-hybrids and black bears or black bear- (1) Class I and Class II wildlife as defined in Amended: Filed May 10, 1991, effective Jan. hybrids. 3 CSR 10-9.230 and 3 CSR 10-9.240, may 1, 1992. Amended: Filed June 2, 1992, effec- be exhibited, propagated, reared, or held in tive Feb. 26, 1993. Amended: Filed June 9, AUTHORITY: sections 40 and 45 of Art. IV, captivity by the holder of the appropriate 1993, effective Jan. 31, 1994. Amended: Mo. Const. Original rule filed Oct. 6, 1993, Class I or Class II wildlife breeder permit at Filed June 13, 1994, effective Jan. 1, 1995. effective Jan. 31, 1994. Amended: Filed June a specific location indicated on the permit. Amended: Filed Oct. 12, 1994, effective 5, 1996, effective Dec. 30, 1996. Amended: Applicants for a Class II permit must qualify March 30, 1995. Amended: Filed May 30, Filed Sept. 29, 2004, effective Feb. 28, 2005. by passing with a score of at least eighty per- 1995, effective Jan. 1, 1996. Amended: Filed cent (80%) on a written examination provid- June 5, 1996, effective Dec. 30, 1996. ed by the department. 3 CSR 10-9.350 Class I Wildlife Breeder Amended: Filed May 6, 1998, effective Permit (2) Such wildlife may be used, sold, given March 1, 1999. Amended: Filed May 9, away, transported, or shipped; provided, that 2002, effective March 1, 2003. Amended: PURPOSE: This rule establishes a permit for state and federally-designated endangered Filed Nov. 25, 2003, effective April 30, 2004. wildlife breeders. species may not be sold without the written Amended: Filed Sept. 29, 2004, effective approval of the director; that skunks may not Feb. 28, 2005. Amended: Filed Sept. 14, To exercise the privileges of a Class I wildlife be imported, bought, sold, transported, given 2005, effective Feb. 28, 2006. Amended: breeder. Fee: fifty dollars ($50). away, or otherwise disposed of; that live rac- Filed Oct. 2, 2006, effective Feb. 28, 2007. coons, foxes, and may not be import- Amended: Filed March 19, 2007, effective AUTHORITY: sections 40 and 45 of Art. IV, ed; and that wildlife may be sold or given April 1, 2007. Mo. Const. This rule previously filed as 3 away only to the holder of the appropriate CSR 10-10.750. Original rule filed Aug. 18, permit, where required, except as provided in 1970, effective Dec. 31, 1970. Amended: section (9) of this rule. 3 CSR 10-9.230 Class I Wildlife Filed May 22, 1978, effective Sept. 15, 1978. Amended: Filed Aug. 29, 1980, effective Jan. (3) A permit may be granted after satisfacto- PURPOSE: This rule establishes a new cate- 1, 1981. Emergency amendment filed Nov. 2, ry evidence by the applicant that stock will be gory for certain wildlife—wildlife inherently 1992, effective Jan. 1, 1993, expired Jan. 15, secured from a legal source other than the dangerous to humans and the provisions for 1993. Amended: Filed June 2, 1992, effective wild stock of this state; that the applicant will private ownership of these species. Jan. 15, 1993. Amended: Filed June 9, 1993, confine the wildlife in humane and sanitary effective Jan. 1, 1994. facilities that meet standards specified in 3 Class I wildlife shall include bullfrogs and CSR 10-9.220; and that the applicant will green frogs and birds (including ring-necked 3 CSR 10-9.351 Class II Wildlife Breeder prevent other wildlife of the state from pheasants and gray partridge) native to the becoming a part of the enterprise. continental United States, and those species Permit of mammals (except bison and those listed in (4) Cities, towns, and counties may establish PURPOSE: This rule establishes a new per- 3 CSR 10-9.240) and nonvenomous reptiles ordinances further restricting or prohibiting and amphibians native to Missouri. Elk mit for holders of wildlife classified as inher- ently dangerous to humans. ownership of Class II wildlife, with approval defined as livestock pursuant to the Revised of the department. In instances where prohi- Statutes of Missouri section 277.020 that are To exercise the privileges of both a Class I bitions apply, no permit will be issued by the held separate so as to prevent commingling and Class II wildlife breeder. Fee: two hun- department. Persons possessing Class II with mule deer and white-tailed deer are dred fifty dollars ($250). wildlife must comply with all requirements of exempt from permit requirements. section 578.023, RSMo. AUTHORITY: sections 40 and 45 of Art. IV, AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed June 9, 1993, (5) No Class I or Class II wildlife breeder Mo. Const. Original rule filed June 9, 1993, effective Jan. 31, 1994. Amended: Filed May permit is required for wildlife legally held by effective Jan. 31, 1994. Amended: Filed June 9, 2002, effective March 1, 2003. Amended: circuses, publicly owned zoos, American Zoo 5, 1996, effective Dec. 30, 1996. Amended: Filed Oct. 2, 2006, effective Feb. 28, 2007. and Aquarium Association (AZA) accredited Filed May 10, 1999, effective March 1, 2000. not-for-profit facilities or bona fide research Amended: Filed April 24, 2000, effective facilities; however, those wildlife may not be March 1, 2001. Amended: Filed Dec. 26, 3 CSR 10-9.353 Privileges of Class I and held for personal use. Physical contact 2002, effective May 30, 2003. Class II Wildlife Breeders between humans and Class I and Class II wildlife in circuses must be restricted to the PURPOSE: This rule establishes privileges handlers, performers, or other circus employ- 3 CSR 10-9.240 Class II Wildlife and requirements for wildlife breeders. It has ees. been reorganized from an older version to PURPOSE: This rule identifies those species provide better organization and understand- (6) No Class I or Class II wildlife breeder that can only be held under provisions of a ing; and to clarify that migratory waterfowl permit is required for nonresidents possessing Class II wildlife breeder permit. may be reared and held in captivity as pro- a valid permit issued in another state to

12 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

exhibit legally possessed wildlife at special II wildlife in 3 CSR 10-9.240 and introduced (17) Animal health standards and movement events, not to exceed seven (7) consecutive into a Class II wildlife breeder operation activities shall comply with all state and fed- days; provided that: and/or currently held under such permit are eral regulations. (Refer to Missouri Depart- (A) Notification is made to an agent of the subject to the following requirements: ment of Agriculture for applicable Chronic department prior to entry of wildlife into the (A) Within sixty (60) days of birth or Wasting Disease rules and regulations.) state. acquisition, animals shall be permanently (B) Exhibited wildlife may not be sold, tagged or marked with an identification num- AUTHORITY: sections 40 and 45 of Art. IV, offered for sale, or given away. ber via a subcutaneous microchip Passive Mo. Const. and section 252.240, RSMo (C) All other provisions of this chapter Integrated Transponder tag (PIT tag) provid- 2000.* This rule was previously filed as 3 shall apply, including mobile temporary ed by the department implanted along the ani- CSR 10-10.755. Original rule filed Aug. 18, exhibit confinement standards as specified in mal’s back between the shoulder blades, 1970, effective Dec. 31, 1970. Amended: 3 CSR 10-9.220. which uniquely identifies each individual ani- Filed July 20, 1977, effective Jan. 1, 1978. mal. Amended: Filed May 22, 1978, effective Sept. (7) All captive-reared migratory waterfowl (B) A blood or tissue sample sufficient for 15, 1978. Amended: Filed Feb. 28, 1980, must be confined and marked as prescribed in DNA analysis and registration for each ani- effective June 12, 1980. Amended: Filed Aug. 3 CSR 10-9.220. No state permit shall be mal shall be submitted to the department 29, 1980, effective Jan. 1, 1981. Amended: required of individuals holding migratory within sixty (60) days of birth or acquisition. Filed April 6, 1981, effective July 11, 1981. waterfowl under valid federal authorization; (C) The holder of a Class II wildlife breed- Amended: Filed July 31, 1981, effective Jan. except that a Class I wildlife breeder permit er permit shall report the death, sale, or 1, 1982. Amended: Filed July 27, 1982, or a licensed hunting preserve permit is transfer of any animal within three (3) days to effective Jan. 1, 1983. Amended: Filed Nov. required if captive-reared mallard ducks are an agent of the department, including the 28, 1983, effective April 12, 1984. Amended: held for the purpose of sale to or use in hunt- identification number from the animal’s sub- Filed Aug. 3, 1984, effective Jan. 1, 1985. ing preserves, field trials, or dog training cutaneous microchip. Microchips shall not be Amended: Filed Aug. 6, 1985, effective Jan. areas, as prescribed in this chapter. Captive- reused in other animals. 1, 1986. Amended: Filed Aug. 7, 1986, effec- reared mallard ducks may not be hunted tive Jan. 1, 1987. Emergency amendment except as prescribed in 3 CSR 10-9.565, 3 (12) The holder of a Class I or Class II filed Nov. 2, 1992, effective Jan. 1, 1993, CSR 10-9.625 or 3 CSR 10-9.628 of this wildlife breeder permit may exhibit wildlife expired Feb. 26, 1993. Amended: Filed June Code, and federal regulations. at locations other than those listed on the per- 2, 1992, effective Feb. 26, 1993. Amended: NOTE: (For federal regulations on migratory mit. Filed June 9, 1993, effective Jan. 31, 1994. waterfowl, see Title 50, Parts 20 and 21 of Amended: Filed April 27, 1994, effective Jan. the Code of Federal Regulations.) (13) Any sale, shipment, or gift of wildlife by 1, 1995. Amended: Filed Sept. 29, 1994, a Class I or Class II wildlife breeder shall be effective July 1, 1995. Amended: Filed May (8) No state permit shall be required for the accompanied by a written statement giving 30, 1995, effective Jan. 1, 1996. Amended: propagation, sale, or display of birds of prey his/her permit number and showing the num- by persons holding a valid federal permit; ber of each species and the name and address Filed June 5, 1996, effective Dec. 30, 1996. provided that these birds may be used to take of the recipient. No wildlife of any kind may Amended: Filed June 11, 1997, effective or attempt to take wildlife only by persons be liberated unless specific permission has March 1, 1998. Amended: Filed May 6, holding a valid falconry permit. been granted on written application to the 1998, effective March 1, 1999. Emergency conservation agent in the county where the amendment filed March 11, 2002, effective (9) Wildlife, except skunks, foxes, coyotes, release is to be made. March 21, 2002, terminated Aug. 27, 2002. and may be shipped, transported, or Amended: Filed March 11, 2002, effective consigned to a wildlife breeder by nonresi- (14) None of these privileges shall extend to July 30, 2002. Emergency amendment filed dents without a Missouri wildlife breeder permitting the act of hunting for such stock Aug. 14, 2002, effective Aug. 24, 2002, permit, but that wildlife shall be accompa- except that big game mammals may be killed expired Feb. 10, 2003. Amended: Filed May nied by appropriate permit or other proof of for purposes of herd management by the per- 9, 2002, effective March 1, 2003. Amended: legality in the state of origin. Persons pur- mit holder or his/her agents, but only with Filed Aug. 14, 2002, effective March 30, chasing wildlife at consignment sales shall authorization from an agent of the depart- 2003. Amended: Filed Dec. 30, 2003, effec- obtain a wildlife hobby or appropriate ment. tive May 30, 2004. Amended: Filed Aug. 30, wildlife breeder permit prior to the purchase, 2004, effective Jan. 30, 2005. Amended: except nonresidents may possess and trans- (15) The holder of a Class I or Class II Filed Sept. 14, 2005, effective Feb. 28, 2006. port purchased wildlife without permit for wildlife breeder permit shall report escaped Rescinded and readopted: Filed Oct. 2, 2006, forty-eight (48) hours following close of the animals immediately to an agent of the effective March 30, 2007. Amended: Filed sale. department. March 19, 2007, effective April 1, 2007. Amended: Filed Sept. 27, 2007, effective Feb. (10) Notification of the date and place of any (16) The holder of a Class I wildlife breeder 29, 2008. Amended: Filed Oct. 10, 2008, public sale of consigned wildlife shall be pro- permit may sell legally acquired game bird effective April 30, 2009. Amended: Filed vided the conservation agent of the county in eggs or dressed or processed quail, pheas- March 23, 2009, effective March 1, 2010. which the sale will be held not less than thir- ants, and partridges at retail and to commer- Amended: Filed Sept. 25, 2009, effective ty (30) days prior to the sale. cial establishments under provisions of 3 March 1, 2010. Amended: Filed March 12, CSR 10-10.743, provided all sales are 2010, effective Aug. 30, 2010. (11) All black bears and black bear-hybrids, accompanied by a valid invoice, and the mountain lions and mountain lion-hybrids, required records are maintained by the *Original authority: 252.240, RSMo 1972, amended and wolves and wolf-hybrids defined as Class wildlife breeder. 1984.

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 13 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

3 CSR 10-9.359 Class I and Class II stantive training and experience in wildlife (1) A wildlife hobby permit authorizes the Wildlife Breeder: Records Required rehabilitation. holder to purchase, possess and propagate not more than fifty (50) ring-necked pheasants PURPOSE: This rule requires each wildlife (2) Species authorized to be held are limited and bobwhite quail, in the aggregate, for per- breeder to submit a report of his/her activi- to those specified on the permit. Any traps, sonal use only and not for sale; and to hold ties. nets or other devices used to take sick or in captivity not more than one (1) game injured wildlife under this permit shall be mammal purchased from a Missouri wildlife Each Class I and Class II wildlife breeder attended daily, or be constantly attended if so breeder permit holder, except that Class II shall maintain a current record, by date, of all stated on the permit, and labeled with the wildlife, hoofed mammals and skunks may transactions showing the place of origin and permit holder’s full name and address. The not be held under this permit. Game mam- the numbers and species of wildlife which names and addresses of persons assisting mals may be held in captivity but may not be were possessed, propagated, bought, sold, under the direct supervision of the holder of propagated or sold. This permit shall be consigned, brokered, transported, shipped, the permit shall be submitted to the local con- obtained prior to receipt of wildlife. The per- given away, used, or which have died, on servation agent in writing before assistance mittee must furnish proof that game mam- forms provided by the department. Printed can be rendered. This permit does not relieve mals and birds were legally obtained. copies of these forms can be obtained from the holder of full compliance with other pro- Wildlife must be confined in humane and the Missouri Department of Conservation, PO visions of the Code or other state and federal sanitary facilities that meet standards speci- Box 180, Jefferson City, MO 65102-0180 and requirements. The wildlife rehabilitation per- fied in 3 CSR 10-9.220. Wildlife may be dis- online at www.missouriconservation.org. mit is not valid until signed. posed of only in accordance with instructions These records and applicable state and feder- of an agent of the department but may not be al animal health records and permits for each (3) Animals held for rehabilitation must released, sold or given away. The permittee is animal shall be maintained on the premises of remain at the location specified on the permit subject to all provisions of section 578.023, the wildlife breeder and shall be subject to or a veterinarian’s premises except as other- inspection by an authorized agent of the RSMo. wise authorized in writing by the director. department at any reasonable time. The permit holder will confine the wildlife (2) Banded birds possessed under this permit for public safety in a humane and sanitary may be temporarily released and recaptured AUTHORITY: sections 40 and 45 of Art. IV, condition acceptable to the Department of when training dogs. Any device used to Mo. Const. This rule was previously filed as Conservation. recapture birds in accordance with this provi- 3 CSR 10-10.753. This version of rule filed sion must be labeled with the user’s full Aug. 16, 1973, effective Dec. 31, 1973. (4) Each permit holder shall maintain a cur- Amended: Filed July 30, 1979, effective Jan. name, address and wildlife hobby permit rent record, on forms furnished by the depart- 1, 1980. Amended: Filed Aug. 6, 1985, effec- number and be attended daily. Fee: ten dol- tive Jan. 1, 1986. Amended: Filed June 9, ment, of each animal received, rehabilitated, lars ($10). 1993, effective Jan. 31, 1994. Amended: destroyed, or released. Printed copies of Filed June 11, 1997, effective March 1, 1998. these forms can be obtained from the Mis- AUTHORITY: sections 40 and 45 of Art. IV, Amended: Filed May 9, 2002, effective souri Department of Conservation, PO Box Mo. Const. This rule previously filed as 3 March 1, 2003. Amended: Filed Oct. 2, 180, Jefferson City, MO 65102-0180 and CSR 10-9.620. Original rule filed Aug. 27, 2006, effective Feb. 28, 2007. Amended: online at www.missouriconservation.org. 1975, effective Dec. 31, 1975. Amended: Filed Sept. 27, 2007, effective Feb. 29, 2008. These records shall be available for inspec- Filed July 13, 1976, effective Dec. 31, 1976. Amended: Filed Oct. 10, 2008, effective April tion by an authorized agent of the department Amended: Filed Aug. 31, 1979, effective Jan. 30, 2009. at any reasonable time. 1, 1980. Amended: Filed Aug. 29, 1980, effective Jan. 1, 1981. Amended: Filed Aug. AUTHORITY: sections 40 and 45 of Art. IV, 3, 1984, effective Jan. 1, 1985. Amended: 3 CSR 10-9.415 Wildlife Rehabilitation Mo. Const. This rule previously filed as 3 Filed Aug. 7, 1986, effective Jan. 1, 1987. Permit CSR 10-9.615. Original rule filed Aug. 1, Amended: Filed Aug. 8, 1989, effective Jan. 1980, effective Jan. 1, 1981. Amended: Filed 1, 1990. Amended: Filed May 10, 1990, PURPOSE: This rule is being established to July 31, 1981, effective Jan. 1, 1982. Amend- effective Jan. 1, 1991. Emergency amendment provide specific authority for qualified indi- ed: Filed Aug. 29, 1983, effective Jan. 1, filed Nov. 2, 1992, effective Jan. 1, 1993, viduals or entities to hold wildlife for reha- 1984. Amended: Filed Dec. 4, 1984, effective expired Jan. 15, 1993. Amended: Filed June bilitation. March 11, 1985. Amended: Filed May 10, 2, 1992, effective Jan. 15, 1993. Amended: 1990, effective Jan. 1, 1991. Amended: Filed Filed June 9, 1993, effective Jan. 1, 1994. (1) A permit to take, possess, transport and Sept. 10, 1991, effective Feb. 6, 1992. Amended: Filed April 27, 1994, effective Jan. hold in captivity for rehabilitation, sick or Changed to 3 CSR 10-9.415, effective Jan. 1, 1, 1995. Amended: Filed June 11, 1997, injured wildlife of Missouri origin. Wildlife 1994. Amended: Filed Oct. 10, 2008, effec- effective March 1, 1998. Amended: Filed may not be propagated, sold, exhibited, given tive April 30, 2009. April 24, 2000, effective March 1, 2001. away, held more than one hundred twenty (120) days, released or otherwise disposed of except as authorized by an agent of the 3 CSR 10-9.420 Wildlife Hobby Permit 3 CSR 10-9.425 Wildlife Collector’s Permit department. This permit may be issued only to individuals or organizations qualified to PURPOSE: This rule establishes a permit to PURPOSE: This rule establishes a permit rehabilitate wildlife through graduation from possess certain forms of wildlife for personal under which wildlife may be taken for scien- a school of veterinary medicine or other sub- use but not for sale. tific purposes.

14 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

(1) A permit to collect, possess, mount, or this Code, specified conditions of the permit, effective Dec. 31, 1973. Amended: Filed Aug. preserve wildlife for scientific related pur- and receipt of a satisfactory wildlife collec- 3, 1984, effective Jan. 1, 1985. Changed to 3 poses: tor’s permit report. Missouri Department of CSR 10-9.440, effective Jan. 1, 1994. (A) Wildlife Collector’s Permit for Scien- Conservation volunteers, working on autho- Amended: Filed April 25, 1996, effective tific Purposes. Wildlife collector’s permits rized wildlife collection projects, are exempt March 1, 1997. Amended: Filed Sept. 29, may be granted to an authorized representa- from the requirements of this section. 2004, effective Feb. 28, 2005. Amended: tive of a university, college, school, incorpo- Filed Sept. 30, 2010, effective March 1, 2011. rated city, state or federal agency, publicly- AUTHORITY: sections 40 and 45 of Art. IV, owned zoo, or wildlife or research Mo. Const. and section 252.240, RSMo *Original authority: 252.240, RSMo 1972, amended 1984. organization or other qualified individual; 2000.* This rule previously filed as 3 CSR 10- provided, that the collection shall be used 9.605. Original rule filed Aug. 16, 1973, exclusively for scientific, educational or effective Dec. 31, 1973. Amended: Filed Aug. 3 CSR 10-9.442 Falconry museum purposes. Fee: five dollars ($5). 4, 1978, effective Jan. 1, 1979. Changed to 3 (B) Wildlife Collector’s Permit for Special CSR 10-9.425, filed March 24, 1993 and May 13, 1993, effective Jan. 1, 1994. PURPOSE: This rule establishes provisions Collections of Wildlife. Wildlife collector’s for hunting with birds of prey. permits may be issued to professionally qual- Amended: Filed May 9, 2002, effective Jan. ified individuals who charge a fee for biolog- 1, 2003. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed Oct. (1) Birds of prey may be taken, transported, ical studies for specific projects where the possessed, or used to take wildlife by holders potential results are of sufficient public value 2, 2006, effective Feb. 28, 2007. Amended: Filed Oct. 10, 2008, effective April 30, 2009. of a falconry permit, to be issued only to res- and interest to justify special collection of idents qualified by passing with a score of at wildlife. Fee: fifty dollars ($50). Amended: Filed Sept. 25, 2009, effective March 1, 2010. least eighty percent (80%) a written examina- tion meeting federal standards and whose (2) General Requirements for Permit Hold- *Original authority: 252.240, RSMo 1972, amended 1984. facilities and equipment meet requirements ers. Species and numbers of each to be col- specified in this rule. The barter, sale, pur- lected and collecting methods are limited to chase, importation, or exportation of raptors those specified on the permit. Advance noti- 3 CSR 10-9.430 Bird Banding without a permit is prohibited. If a permittee fication shall be given to the conservation allows his/her permit to lapse for a period of agent or Protection Division regional super- PURPOSE: This rule authorizes bird banding less than five (5) years, the permit may be visor in the county or area as to where and by persons holding a federal permit. reinstated at the level previously held. A per- when the collecting will be done. The permit mittee who allows his/her permit to lapse five holder’s name, address, and wildlife collec- Birds may be livetrapped for banding and (5) years or longer must pass the written tor’s permit number shall be on all trapping released by persons holding a valid federal examination with a score of at least eighty and netting devices. The traps, nets, or other permit in addition to a Missouri Wildlife Col- percent (80%), at which point the permit may devices used under this permit shall be lector’s Permit. be reinstated at the level previously held. attended at least daily, or be constantly attended if so stated on the permit. The col- AUTHORITY: sections 40 and 45 of Art. IV, (2) Only designated species and numbers of lected specimens shall be donated to a muse- Mo. Const. and section 252.240, RSMo birds of prey may be possessed and each bird um or educational institution or disposed of 2000.* This rule previously filed as 3 CSR 10- shall bear a numbered, non-reuseable marker in accordance with instructions of the depart- 9.610. Original rule filed July 23, 1974, provided by the department. Documented ment. Wildlife held under a wildlife collec- effective Dec. 31, 1974. Changed to 3 CSR health problems or injuries caused by the tor’s permit may be propagated but shall not 10-9.430, effective Jan. 1, 1994. Amended: band may qualify the permit holder for an be sold or exhibited commercially. When Filed Sept. 30, 2010, effective March 1, 2011. exemption to the banding requirement for that holding live specimens, permit holders are raptor, in which case a copy of the exemption required to adhere to wildlife confinement *Original authority: 252.240, RSMo 1972, amended paperwork must remain in the permittee’s standards set forth in 3 CSR 10-9.220. 1984. possession when transporting or flying the Wildlife removed from the wild and held in raptor. If the bird with documented health captivity at locations other than the point of 3 CSR 10-9.440 Resident Falconry Permit issues caused by the band is a wild goshawk, capture are not to be returned to the wild Harris’s hawk, peregrine falcon, or gyrfalcon unless specifically approved on the permit. PURPOSE: This rule establishes a permit for an International Organization for Standard- Assistants in the field must be under the residents of the state to engage in falconry. ization (ISO)-compliant microchip must be direct, in-person supervision of the permit used. Birds held under a falconry permit may holder at all times. This permit does not To take, possess alive, care for, and train be used, without further permit, to pursue relieve the holder of full compliance with birds of prey (raptors) and to use birds of and take wildlife within the following seasons other provisions of the Code or other state prey to take other wildlife in accordance with and bag limits: and federal requirements. 3 CSR 10-9.442 and federal falconry regula- (A) Cottontail and swamp rabbits may be tions. Fee: one hundred dollars ($100). This taken from October 1 to March 31. Daily (3) The wildlife collector’s permit is not valid permit shall remain valid for three (3) years limit: six (6) rabbits, including no more than until signed by the permit holder. The permit from date of issuance. A federal falconry per- two (2) swamp rabbits; possession limit: is valid for one (1) year from January 1. The mit will no longer be issued. twelve (12) rabbits, including no more than permit holder shall submit a wildlife collec- four (4) swamp rabbits. tor’s permit report to the department within AUTHORITY: sections 40 and 45 of Art. IV, (B) Squirrels may be taken from the fourth thirty (30) days of the permit’s expiration Mo. Const. and section 252.240, RSMo Saturday in May to February 15. Daily limit: date. Issuance of permits for the following 2000.* This rule previously filed as 3 CSR 10- ten (10) squirrels; possession limit: twenty year shall be conditioned on compliance with 5.295. Original rule filed Aug. 15, 1973, (20) squirrels.

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 15 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

(C) Quail may be taken from October 1 to falconry permit. A sponsor shall have no ings must be secured to prevent injury or January 15. Daily limit: three (3) quail; pos- more than three (3) apprentices at any one (1) escape, such as with vertical bars spaced nar- session limit: six (6) quail. time. An apprentice may possess only one (1) rower than the body width of the smallest (D) Migratory game birds to include only wild caught, captive-bred, or hybrid raptor of raptor housed in the facility, heavy-duty net- doves, ducks, mergansers, and coots may be the order Strigiformes or Falconiformes ting, or other such measures and materials. taken, possessed, transported, and stored except the following: Osprey, American swal- There shall be adequate perches, a secure only as provided in federal regulations and low-tailed kite, Mississippi kite, , door easily closed, and at least one (1) open- this Code. (Regulations for doves, ducks, white-tailed eagle, Steller’s sea-eagle, north- ing for sunlight. The floor shall be well mergansers, coots, and other migratory game ern harrier, Swainson’s hawk, ferruginous drained and shall permit easy cleaning. Teth- birds are determined annually by the com- hawk, sharp-shinned hawk, , ered raptors may be kept inside the permit- mission following receipt of regulations pre- peregrine falcon, prairie falcon, flammulated tee’s residence if a suitable perch is provided; scribed by the Secretary of the Interior under owl, burrowing owl, , long-eared (B) Outdoor (weathering area) facilities authority of the Federal Migratory Bird owl, and short-eared owl and may obtain not shall be fenced and covered with netting or Treaty Act. See 3 CSR 10-7.440.) more than two (2) raptors from the wild dur- wire or roofed. The enclosed area shall be (E) Pheasants of either sex may be taken in ing the twelve (12)-month reporting period. large enough to ensure that birds flying from the areas and during the periods and within An apprentice permittee may not possess a a perch cannot strike the fence. Raptors shall the bag and possession limits listed in 3 CSR bird taken from the wild as a nestling or that be provided at least one (1) covered perch and 10-7.430. is imprinted on humans; protection from excessive sun, wind, and (F) Other wildlife may be taken only with- (B) General Class—A permittee shall be at inclement weather; and in the specified seasons and bag limits, except least sixteen (16) years old and shall have a (C) Falconry raptors may be temporarily that pheasants, quail, turkeys, and game letter from his/her sponsor documenting at kept outside in the open if they are in the mammals may be taken outside of the speci- least two (2) years’ experience in falconry at immediate presence of the permittee or a des- fied falconry seasons with a daily limit of one the apprentice level, including maintaining, ignated helper. (1) per raptor per day. training, flying, and pursuing wildlife with (G) Permittees may use legally obtained the raptor(s) for at least four (4) months each (6) Applicants for falconry permits shall pos- and captive-reared quail, pheasants, exotic calendar year. A general falconer may not sess the following equipment: partridges, and mallard ducks for training of possess more than three (3) wild caught, cap- (A) Jesses (straps attached to the legs)—at falconry raptors. Quail, pheasants, and exotic tive-bred, or hybrid raptors of the family least one (1) pair of jesses constructed of pli- partridges shall be marked with a permanent Accipitridae, or of the family Falconidae, or able leather or suitable synthetic material for avian leg band prior to release. Mallard ducks of the family Strigidae; but not to include any use when any raptor is flown free; shall be marked by removal of the hind toe eagle or any threatened or endangered (B) Leashes and swivels—at least one (1) from the right foot or by tattooing a readily species. A general falconer shall not obtain flexible, weather-resistant leash and one (1) discernable number or letter or combination more than two (2) raptors from the wild dur- strong swivel of acceptable falconry design; on the web of one (1) foot. ing the twelve (12)-month reporting period; (C) Bath container—a suitable container (H) Game birds held for more than twenty- (C) Master Class—A permittee shall have for each raptor which must be wider than the four (24) hours must be confined as specified at least five (5) years’ experience in falconry length of the raptor; in 3 CSR 10-9.220. For mallard ducks, such at the general class level and shall not possess (D) Outdoor/portable perches—a weather- facilities must be designed and managed to more than five (5) wild raptors of the family ing area perch of acceptable design for each immediately recapture any unharvested Accipitridae, or of the family Falconidae, or raptor; and ducks. of the family Strigidae; but not to include (E) Weighing device—a reliable scale or more than three (3) golden eagles (Aquila balance suitable for weighing the raptors (3) A nonresident who holds a valid falconry chrysaetos). A master falconer shall not held. permit and a valid Missouri hunting permit obtain more than two (2) raptors from the may use birds of prey properly licensed in wild during the twelve (12)-month reporting (7) Raptors may be taken from the wild only other states to take wildlife during the open period. A master falconer may possess any as follows: season. Properly licensed falconry raptors number of captive-bred or hybrid raptors; (A) Raptors shall be taken only in a may, without further permit, be entered and provided, the captive-bred raptors are trained humane manner. Any device used to take used by nonresidents to take wildlife in any in the pursuit of wild game and used in hunt- birds of prey shall be labeled with the name regional or national falconry field trial autho- ing; and and address of the user and shall be person- rized by letter from the director. (D) The twelve (12)-month reporting peri- ally attended by the user at all times; od begins July 1 and ends June 30 of the fol- (B) Young birds not yet capable of flight (4) An applicant for a permit shall submit an lowing year. (eyasses/nestlings), except ospreys, northern application with information including the harriers (marsh hawks), sharp-shinned number of raptors possessed and the species, (5) Facilities for raptors (mew and/or weath- hawks, Swainson’s hawks, peregrine falcons, age, sex, date of acquisition, and source of ering area) shall be inspected and certified to bald eagles, Mississippi kites, barn owls, each. An applicant under eighteen (18) years meet the following standards: short-eared owls, and long-eared owls, may of age must have a parent or legal guardian (A) Indoor facilities (mews) shall be large be taken only by a general or master falcon- co-sign the application. Falconry permits are enough to allow easy access for caring for the er, and no more than two (2) eyasses may be issued by classes as follows: raptors. Raptors shall be tethered or separat- taken by a falconer during the twelve (12)- (A) Apprentice Class—A permittee shall ed by partitions, and each bird shall be pro- month reporting period. The permittee must be at least twelve (12) years old and shall vided enough area to allow it to fully extend leave at least one (1) young in any nest or have a sponsor holding a general or master its wings. If raptors are untethered, all open- aerie from which an eyass is taken;

16 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

(C) Any permittee may recapture any rap- ken feathers), and all golden eagle carcasses servation education are not allowed. A fee tor wearing falconry equipment or an escaped including all feathers, talons, and other parts, not to exceed the amount necessary to recov- captive-bred raptor at any time, including must be sent to the National Eagle Reposito- er participation costs is allowed. The permit- those species not authorized for possession. ry at the following address: U.S. Fish and tee assumes all potential liability associated Recaptured raptors do not count toward the Wildlife Service, National Eagle Repository, with such programs. authorized possession limit but must be Rocky Mountain Arsenal, Building 128, (J) Raptors held by a permittee may be reported to an agent of the department within Commerce City, Colorado 80022. Feathers cared for by another permittee at either per- five (5) business days. Recaptured raptors from all other captive raptors may be retained mittee’s facility for up to one hundred twenty must be returned to the permittee who lost it, by permittees for imping purposes only. (120) consecutive days. Birds receiving such if that person may legally possess it. Disposi- (D) Permittees may trap, take, trade, or care remain in possession of the original per- tion of a bird whose legal possession cannot transfer raptors only with a photocopy of mittee and do not count toward the possession be determined will be at the discretion of an Federal Form 3-186A (Migratory Bird Acqui- limit of the care-giving permittee. The origi- agent of the department; sition/Disposition Report) or electronic nal permittee must provide to the care-giving (D) Only American kestrels and great reporting at http://permits.fws.gov/186A permittee a signed and dated statement autho- horned owls may be taken when over one (1)- submitted to the department within ten (10) rizing the temporary possession and indicat- year old (haggard). Birds not listed in sub- business days of the action, and no money or ing duration of care and the privileges grant- section (7)(B) of this rule may also be taken other consideration may be involved, except ed to the care-giving permittee along with when over one (1)-year old, but only when that permittees may purchase, sell, or barter federal form 3-186A showing original pos- taken under a depredation or special purpose only captive-bred raptors marked with a session of the raptors. Raptors held by a per- permit by a general or master falconer. A seamless, numbered band. A permittee must mittee may be cared for by a non-permittee master falconer, in any twelve (12)-month notify the department within five (5) business for up to forty-five (45) consecutive days, but period, may take up to two (2) golden eagles days of any change in facility location. only at the permittee’s facility; birds under from the wild only in a livestock depredation (E) A permittee shall report by July 31 such care may not be flown for any reason. area (declared by the United States Depart- each year a listing of all raptors possessed on ment of Agriculture (USDA) Wildlife Ser- June 30, by species, marker number, sex, AUTHORITY: sections 40 and 45 of Art. IV, vices or by the governor) during the time the age, and the date and source of acquisition. Mo. Const. and section 252.240, RSMo depredation area is in effect; and The same information shall be reported for 2000.* This rule previously filed as 3 CSR 10- (E) Nonresidents who have valid falconry raptors possessed or acquired since the previ- 7.442. Original rule filed July 22, 1974, permits, with written authorization of the ous report but no longer possessed, with the effective Dec. 31, 1974. Amended: Filed July director, may take from the wild and, when source and date acquired and the date and 13, 1976, effective Oct. 11, 1976. Amended: banded, possess and transport raptors under reason for termination of possession. Filed April 20, 1978, effective July 1, 1978. conditions and at those places and times as (F) Raptors that are bred in captivity and Emergency amendment filed July 28, 1978, the director may specify; providing, that this utilized for falconry shall not be treated as effective Sept. 1, 1978, expired Dec. 29, person shall possess a valid Missouri nonres- threatened or endangered species for purpos- 1978. Amended: Filed Aug. 4, 1978, effective ident hunting permit. (Note: Persons trans- es of this rule. Jan. 1, 1979. Amended: Filed Nov. 1, 1978, porting raptors so taken into another state (G) Except as provided in section (2), the effective Dec. 29, 1978. Amended: Filed July also may need permission for the transfer permittee shall leave any accidentally killed 27, 1982, effective Jan. 1, 1983. Amended: from the other state.) animal where it lies, except that the raptor Filed Oct. 22, 1982, effective Dec. 11, 1982. may feed upon the animal prior to leaving the Amended: Filed April 25, 1983, effective (8) Special Provisions. site of the kill. Aug. 11, 1983. Amended: Filed Aug. 29, (A) A falconry permit does not authorize (H) Hacking (temporary release to the 1983, effective Jan. 1, 1984. Amended: Filed the capture or release of raptors or the prac- wild) is an approved method for conditioning Nov. 28, 1983, effective April 12, 1984. tice of falconry on public lands if such use is raptors for falconry. Only general and master Amended: Filed Nov. 6, 1985, effective Dec. prohibited on those lands, or on private prop- falconers may hack falconry raptors. Any 13, 1985. Amended: Filed Aug. 7, 1986, erty, without permission from the landowner. raptor being hacked must be a species the effective Jan. 1, 1987. Amended: Filed Sept. (B) A hybrid raptor flown for falconry permittee is authorized to possess and counts 2, 1987, effective Oct. 11, 1987. Amended: must have two (2) separate, attached, func- toward the permittee’s possession limit. Any Filed Sept. 12, 1988, effective Oct. 14, 1988. tioning radio transmitters to determine loca- hybrid raptor being hacked must have two (2) Emergency amendment filed Sept. 11, 1989, tion. The permanent release of a hybrid or separate, attached, functioning radio trans- effective Sept. 22, 1989, expired Jan. 15, non-native raptor is prohibited. Wild-caught mitters during hacking. No falconry bird may 1990. Amended: Filed May 10, 1990, effec- raptors native to Missouri may be released to be hacked near the nesting area of a federal- tive Jan. 1, 1991. Emergency amendment the wild at any time and without authoriza- ly-threatened or -endangered bird species, or filed Aug. 30, 1990, effective Oct. 1, 1990, tion; however, no captive-bred raptor shall be in any location where the raptor is likely to expired Jan. 20, 1991. Amended: Filed Aug. released to the wild without written autho- disturb, harm, or take a federally-threatened 30, 1990, effective Feb. 14, 1991. Emergency rization from the Department of Conserva- or -endangered animal species. amendment filed Sept. 10, 1991, effective tion. Markers shall be removed from perma- (I) Raptors held by general and master fal- Sept. 21, 1991, expired Jan. 15, 1992. nently-released birds and surrendered to the conry permittees and used primarily for fal- Amended: Filed Sept. 10, 1991, effective Feb. department. conry may be used for public conservation 6, 1992. Emergency amendment filed Sept. 1, (C) Except as provided in this section, all education programs that must include infor- 1992, effective Sept. 11, 1992, expired Jan. feathers (including body feathers) collected mation regarding the biology, ecological 8, 1993. Amended: Filed Sept. 1, 1992, from any falconry golden eagle that are not roles, and conservation needs of raptors; pro- effective April 8, 1993. Amended: Filed Sept. needed for imping (method of repairing bro- grams that do not address falconry and con- 10, 1993, effective Sept. 21, 1993. Amended:

JASON KANDER (1/29/14) CODE OF STATE REGULATIONS 17 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

Filed April 21, 1993, effective Jan. 1, 1994. 1972, effective Feb. 1, 1972. This rule previ- Area Changed to 3 CSR 10-9.442, effective Jan. 1, ously filed as 3 CSR 10-10.760. Amended: (V) Duck Creek Conservation Area 1994. Amended: Filed Aug. 30, 1994, effec- Filed July 20, 1977, effective Jan. 1, 1978. (VI) Eagle Bluffs Conservation tive Sept. 9, 1994. Amended: Filed Aug. 30, Amended: Filed Jan. 30, 1984, effective June Area 1995, effective Sept. 10, 1995. Amended: 11, 1984. Amended: Filed Jan. 30, 1984, (VII) Fountain Grove Conservation Filed April 25, 1996, effective March 1, effective June 11, 1984. Amended: Filed June Area 1997. Amended: Filed Aug. 27, 1996, effec- 9, 1993, effective July 1, 1994. Amended: (VIII) Four Rivers Conservation tive Sept. 6, 1996. Amended: Filed Aug. 29, Filed May 9, 2002, effective March 1, 2003. Area 1997, effective Sept. 9, 1997. Amended: Amended: Filed Oct. 2, 2006, effective Feb. (IX) Grand Pass Conservation Area Filed June 11, 1997, effective March 1, 1998. 28, 2007. Amended: Filed March 19, 2007, (X) B. K. Leach Memorial Conser- Amended: Filed Sept. 3, 1998, effective Sept. effective April 1, 2007. vation Area 15, 1998. Amended: Filed Sept. 1, 1999, (XI) Marais Temps Clair Conserva- effective Sept. 11, 1999. Amended: Filed Aug. tion Area 3 CSR 10-9.565 Licensed Hunting Pre- (XII) Mingo National Wildlife 28, 2000, effective Sept. 7, 2000. Amended: serve: Privileges Filed Aug. 30, 2001, effective Sept. 15, 2001. Refuge (XIII) Montrose Conservation Area Amended: Filed Aug. 30, 2002, effective PURPOSE: This rule sets out the privileges (XIV) Nodaway Valley Conserva- Sept. 10, 2002. Amended: Filed Sept. 5, and requirements for licensed shooting areas. tion Area 2003, effective Sept. 19, 2003. Amended: (XV) Otter Slough Conservation Filed Aug. 30, 2004, effective Sept. 10, 2004. (1) Licensed hunting preserves are subject to Area inspection by an agent of the department at Amended: Filed Aug. 24, 2005, effective (XVI) Schell-Osage Conservation any reasonable time. Animal health standards Sept. 6, 2005. Amended: Filed Aug. 23, Area and movement activities shall comply with all 2006, effective Sept. 6, 2006. Amended: (XVII) Settle’s Ford Conservation state and federal regulations. Any person Filed Aug. 14, 2007, effective Sept. 1, 2007. Area Amended: Filed Aug. 6, 2008, effective Sept. holding a licensed hunting preserve permit may release on his/her licensed hunting pre- (XVIII) Squaw Creek National 1, 2008. Amended: Filed March 23, 2009, Wildlife Refuge effective March 1, 2010. Amended: Filed serve only legally obtained and captive- reared: pheasants, exotic partridges, quail, (XIX) Swan Lake National Wildlife Aug. 14, 2009, effective Sept. 1, 2009. Refuge Amended: Filed Sept. 30, 2010, effective mallard ducks, and ungulates (hoofed ani- mals) for shooting throughout the year, under (XX) Ted Shanks Conservation March 1, 2011. Amended: Filed Sept. 27, the following conditions: Area 2013, effective March 1, 2014. (A) Game Bird Hunting Preserve. (XXI) Ten Mile Pond Conservation 1. A game bird hunting preserve shall be Area *Original authority: 252.240, RSMo 1972, amended 4. Mallard ducks must be held in cov- 1984. a single body of land not less than one hun- dred sixty (160) acres and no more than six ered facilities that meet standards specified in hundred forty (640) acres in size. Game bird 3 CSR 10-9.220, and may be possessed, 3 CSR 10-9.560 Licensed Hunting Preserve hunting preserves may be dissected by public released, and used on game bird hunting pre- Permit roads, and shall be posted with signs speci- serves only under the following conditions: fied by the department. A. Mallard ducks may be taken, pos- PURPOSE: This rule establishes a permit for 2. Only legally obtained and captive- sessed, transported, and stored only as pro- licensed shooting areas. reared: pheasants, exotic partridges, quail, vided in this Code and federal regulations. and mallard ducks may be used on game bird B. Mallard ducks must be physically (1) To maintain and operate a licensed hunt- hunting preserves. marked prior to six (6) weeks of age by ing preserve and to buy, propagate, hold in 3. Permits for game bird hunting pre- removal of the hind toe from the right foot, or captivity, hunt and sell only legally obtained serves will not be issued: by tattooing of a readily discernible number and captive-reared: pheasants, exotic par- A. For areas within five (5) miles of or letter or combination thereof on the web of tridges, quail, mallard ducks, and ungulates any location where there is an ongoing one (1) foot. (hoofed animals). department game bird release program or C. Mallard ducks may be temporari- where the most recent release of department ly released for the sole purpose of flight train- (2) Any person applying to establish a game birds has been made less than five (5) ing beginning one (1) hour after sunrise each licensed hunting preserve shall complete an years prior to receipt of the application. day. Covered facilities must be designed to re- application involving on-site inspections of B. In any location where those activi- the area prior to and following construction ties are considered by the department as like- capture such ducks, and a reasonable effort activities by an agent of the department to ly to further jeopardize any species currently must be made to re-capture them by one (1) determine that all provisions of this rule and designated by Missouri or federal regulations hour after sunset each day. 3 CSR 10-9.565 are met before a permit is as threatened or endangered wildlife. D. Mallard ducks may be released issued. Fees: C. For preserves using captive-reared and taken only from September 1 through (A) Game Bird Hunting mallard ducks, within five (5) miles of the February 15 by hunting methods from one (1) Preserve $100 valid for one (1) year following areas: hour after sunrise to one (1) hour before sun- (B) Big Game Hunting (I) Bob Brown Conservation Area set, and only non-toxic shot may be used. Preserve $750 valid for three (3) (II) Clarence Cannon National Covered facilities must be designed and man- years Wildlife Refuge aged to re-capture any unharvested mallard (III) Columbia Bottom Conserva- ducks, and a reasonable effort must be made AUTHORITY: sections 40 and 45 of Art. IV, tion Area to re-capture ducks by one (1) hour after sun- Mo. Const. This version of rule filed Jan. 19, (IV) Coon Island Conservation set each day.

18 CODE OF STATE REGULATIONS (1/29/14) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

E. Ducks which are not captive- (B) Big Game Hunting Preserve. 10.765. Original rule filed Jan. 19, 1972, reared may not be hunted on preserves using 1. A big game hunting preserve for effective Feb. 1, 1972. Amended: Filed June captive-reared mallard ducks, and all water- ungulates shall be a fenced single body of 3, 1976, effective Sept. 12, 1976. Amended: fowl except captive-reared mallard ducks land, not dissected by public roads, and not Filed July 20, 1977, effective Jan. 1, 1978. must be flushed from the immediate hunting less than three hundred twenty (320) acres Amended: Filed July 30, 1979, effective Jan. area prior to hunting activity. and no more than three thousand two hundred 1, 1980. Amended: Filed Jan. 30, 1984, 5. Any person taking or hunting game (3,200) acres in size. The hunting preserve effective June 11, 1984. Amended: Filed birds on a licensed hunting preserve shall shall not be cross-fenced into portions of less March 5, 1985, effective June 14, 1985. have in his/her possession a valid small game than three hundred twenty (320) acres. The Amended: Filed Aug. 6, 1985, effective Jan. hunting permit or licensed hunting preserve hunting preserve shall be fenced so as to 1, 1986. Amended: Filed June 9, 1993, effec- hunting permit, except that persons fifteen enclose and contain all released game and tive Jan. 1, 1994. Amended: Filed May 30, (15) years of age or younger, when accompa- exclude all hoofed wildlife of the state from 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. nied by a properly licensed adult hunter, and becoming a part of the enterprise and posted Emergency amendment filed March 11, 2002, residents sixty-five (65) years of age and with signs specified by the department. Fence effective March 21, 2002, terminated Aug. older, may hunt without permit. Licensed height shall meet standards specified in 3 27, 2002. Amended: Filed March 11, 2002, hunting preserve hunting permits may be CSR 10-9.220. Fencing for hogs shall be effective July 30, 2002. Emergency amend- issued to persons without requiring display of constructed of twelve (12) gauge woven wire, ment filed Aug. 14, 2002, effective Aug. 24, a hunter education certificate card for use on at least five feet (5') high, and topped with 2002, expired Feb. 10, 2003. Amended: Filed game bird hunting preserves; provided s/he is one (1) strand of electrified wire. An addi- Aug. 14, 2002, effective March 30, 2003. hunting in the immediate presence of a prop- tional two feet (2') of such fencing shall be Amended: Filed Aug. 30, 2002, effective June erly licensed adult hunter age eighteen (18) buried and angled underground toward the 30, 2003. Amended: Filed Oct. 9, 2003, or older who has in his/her possession a valid enclosure interior. A fence of equivalent or effective March 30, 2004. Amended: Filed hunter education certificate card or was born greater strength and design to prevent the March 4, 2004, effective Aug. 30, 2004. before January 1, 1967. escape of hogs may be substituted with writ- Amended: Filed Aug. 30, 2004, effective Jan. 6. Game birds, other than captive-reared ten application and approval by an agent of 30, 2005. Amended: Filed Sept. 14, 2005, mallard ducks, may be taken in any number the department. effective Feb. 28, 2006. Amended: Filed Oct. on a hunting preserve and may be possessed 2. The permittee may exercise privileges 2, 2006, effective March 30, 2007. Amended: and transported from the preserve only when provided in 3 CSR 10-9.353 only for species Filed March 19, 2007, effective April 1, accompanied by a receipt listing the date, held within breeding enclosure(s) contained 2007. Amended: Filed Oct. 10, 2008, effec- number, and species taken, and name of the within or directly adjacent to the big game tive April 30, 2009. Amended: Filed March hunting preserve; or when accompanied by hunting preserve. Any such breeding enclo- 23, 2009, effective March 1, 2010. an approved transportation sticker for each sure(s) shall meet standards specified in 3 game bird taken. Transportation stickers must *Original authority: 252.240, RSMo 1972, amended CSR 10-9.220. Breeding enclosures may be 1984. be purchased from the department by the separated from the hunting preserve by a pub- hunting preserve permit holder. lic road, but must be directly adjacent. Other 7. Captive-reared mallard ducks may be breeding enclosures not contained within or 3 CSR 10-9.566 Licensed Hunting Pre- taken in any number on a hunting preserve directly adjacent to the hunting preserve are serve: Records Required and may be possessed and transported from not covered under the privileges of this rule. the preserve only when accompanied by a 3. Any person taking or hunting ungu- PURPOSE: This rule requires that licensed receipt listing the date, number, and species lates on a big game hunting preserve shall hunting preserves maintain records on the taken, and the hunting preserve permit hold- have in his/her possession a valid licensed premises that would include information on er’s name and address. In addition, the hunting preserve hunting permit. The permit- species, purchase, sale, propagation, health marked foot must remain attached to mallard tee shall attach to the leg of each ungulate certification, applicable permits and harvest, ducks. taken on the hunting preserve a locking leg on a form furnished by the Department of 8. The hunting preserve permit holder seal furnished by the department, for which Conservation. may exercise privileges provided in 3 CSR the permittee shall pay ten dollars ($10) per 10-9.353 for game birds held under this per- one hundred (100) seals. Any packaged or mit in propagation or holding facilities with- processed meat shall be labeled with the (1) Big game hunting preserve permittees shall in or directly adjacent to the game bird hunt- licensed hunting preserve permit number. keep a permanent record, by date, of the num- ing preserve. Propagation or holding 4. Animal health standards and move- ber of each species held, acquired, propagated, facilities may be separated from the hunting ment activities shall comply with all state and sold, released, the number of each species preserve by a public road, but must be direct- federal regulations. (Refer to Missouri taken on the preserve, and the full name, ly adjacent. Any such propagation or holding Department of Agriculture for applicable address, and permit number (if applicable) of facilities shall meet standards specified in 3 Chronic Wasting Disease rules and regula- each buyer, seller, shooter, and/or taker, on CSR 10-9.220. Other propagation or holding tions.) forms provided by the department. Printed facilities not contained within or directly 5. Big game hunting preserve permittees copies of these forms can be obtained from the adjacent to the hunting preserve are not cov- shall report escaped animals immediately to Missouri Department of Conservation, PO Box ered under the privileges of this rule. an agent of the department. 180, Jefferson City, MO 65102-0180 and NOTE: (See rule 3 CSR 10-7.440, and for online at www.missouriconservation.org. federal regulations on migratory waterfowl, AUTHORITY: sections 40 and 45 of Art. IV, see Title 50, Parts 20 and 21 of the Code of Mo. Const. and section 252.240, RSMo (2) Game bird hunting preserve permittees Federal Regulations.) 2000.* This rule previously filed as 3 CSR 10- shall keep a permanent record of the number

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 19 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

of each species acquired, propagated, sold, ment. New areas approved after March 1, be recorded for each animal released into the released, the number of each species taken 2005 must be at least forty (40) acres in size. area. These records are subject to inspection and the full name and address of the taker. A minimum of one (1) dog-proof escape area by an agent of the department at any reasonable (culvert, brush pile, fenced refuge or other time. (3) These records and applicable state and suitable structure) shall be provided per each federal animal health records and permits for twenty-five (25) acres, and be available for AUTHORITY: sections 40 and 45 of Art. IV, each animal shall be maintained on the use by foxes and coyotes any time dogs are Mo. Const. Original rule filed Sept. 29, premises of the licensed hunting preserve and present on the area. Escape areas shall not be 1994, effective July 1, 1995. Amended: Filed shall be subject to inspection by an authorized located immediately adjacent to each other. June 11, 1997, effective March 1, 1998. agent of the department at any reasonable Amended: Filed April 30, 2001, effective time. (3) The holder of a Hound Running Area Sept. 30, 2001. Amended: Filed May 9, 2002, Operator and Dealer Permit may obtain live effective March 1, 2003. Amended: Filed AUTHORITY: sections 40 and 45 of Art. IV, foxes and coyotes from a holder of a valid Oct. 9, 2003, effective March 30, 2004. Mo. Const. Emergency rule filed March 11, trapping permit as prescribed in 3 CSR 10- Amended: Filed Sept. 29, 2004, effective Feb. 2002, effective March 21, 2002, expired Sept. 8.515(7). Permittees may also purchase foxes 28, 2005. Amended: Filed Oct. 10, 2008, 16, 2002. Original rule filed March 11, 2002, and coyotes from a holder of a Class I effective April 30, 2009. effective July 30, 2002. Amended: Filed Aug. Wildlife Breeder Permit or a holder of a 30, 2002, effective March 1, 2003. Amended: Hound Running Area Operator and Dealer 3 CSR 10-9.605 Wildlife Collector’s Permit Filed Sept. 29, 2004, effective Feb. 28, 2005. Permit. Foxes and coyotes may be held in (Moved to 3 CSR 10-9.425) Amended: Filed Oct. 10, 2008, effective April temporary confinement facilities on the 30, 2009. hound running area or another location spec- ified on the permit. These foxes and coyotes 3 CSR 10-9.610 Bird Banding may only be released into a permitted hound (Moved to 3 CSR 10-9.430) 3 CSR 10-9.570 Hound Running Area running area and must be individually Operator and Dealer Permit marked with ear tags provided by the depart- ment for which the permittee shall pay fifty 3 CSR 10-9.615 Wildlife Rehabilitation PURPOSE: This rule establishes a permit for cents (50¢) per tag. These animals may not Permit operation of a running area for training or be given away, released to the wild or export- racing hounds. (Moved to 3 CSR 10-9.415) ed, except with written authorization of the To maintain and operate a hound running area director. and to purchase, transport, propagate, hold in (4) Foxes and coyotes in a hound running area 3 CSR 10-9.620 Wildlife Hobby Permit captivity and sell to or release legally (Moved to 3 CSR 10-9.420) acquired foxes and coyotes into a permitted may be chased with dogs, but not with the hound running area. Fee: fifty dollars ($50). intent to capture or kill. (5) Prior to being chased, all newly-acquired 3 CSR 10-9.625 Field Trial Permit AUTHORITY: sections 40 and 45 of Art. IV, foxes and coyotes shall be provided a mini- Mo. Const. Original rule filed Sept. 29, mum of seven (7) days to acclimate to the PURPOSE: This rule establishes a permit to 1994, effective July 1, 1995. Amended: Filed area. Wildlife held under this permit are sub- conduct field trials and sets requirements for May 9, 2002, effective March 1, 2003. ject to inspection by an agent of the depart- conducting these trials. Amended: Filed Sept. 29, 2004, effective Feb. ment and this inspection may include removal 28, 2005. of reasonable samples for biological examina- (1) To conduct a field trial on lands other tion. than those owned or leased by the depart- ment, application for a permit must be made 3 CSR 10-9.575 Hound Running Area: (6) Any person releasing dogs on a hound to the department by a resident, and post- Privileges, Requirements running area shall have in his/her possession marked not less than ten (10) days prior to the a valid Missouri small game hunting permit, trial. The application shall specify location of PURPOSE: This rule sets out the privileges except that Missouri residents fifteen (15) trial headquarters in Missouri, area where the and requirements for hound running areas. years of age and under and sixty-five (65) trial will be held, type of wildlife to be years of age and over are exempt from this chased or pursued, approximate number of (1) A permit may be granted after satisfacto- requirement. hunters, approximate number of dogs and ry evidence by the applicant that his/her stock starting and closing dates. A single trial per- is from a legal source and that the foxes and (7) The hound running area operator/dealer mit shall not cover a period of more than ten coyotes will be confined in humane and sani- shall keep an accurate permanent record on (10) consecutive days. Fee: twenty dollars tary facilities that meet standards specified in forms provided by the department of the sup- ($20). 3 CSR 10-9.220. All stock acquired must be plier’s full name and address and number of from legal sources within the state. each species held, captured, purchased, sold, (2) Each permit holder shall record the names propagated, released on the area, or otherwise and addresses of all participants for each trial (2) A hound running area shall be a single disposed of. Printed copies of these forms can held, and shall maintain these records for one body of land as specified on the permit, be obtained from the Missouri Department of (1) year following the closing date of the trial. fenced to enclose and contain all released Conservation, PO Box 180, Jefferson City, These records shall be subject to inspection foxes and coyotes and to exclude all others, MO 65102-0180 and online at www.missouri- by an authorized agent of the department at and posted with signs provided by the depart- conservation.org. Ear tag numbers must also any reasonable time.

20 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER Secretary of State Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

(3) Future permits shall be conditioned on tion, the marked foot must remain attached to than one (1) dog training area permit may be compliance with this rule. Receipt by the mallard ducks. issued for the same tract of land. department of unresolved and repeated com- plaints from area landowners concerning AUTHORITY: sections 40 and 45 of Art. IV, (1) A dog training area permit is required to operation of the field trial may result in per- Mo. Const. Original rule filed Aug. 27, operate a dog training area, and to purchase, mit denial. 1975, effective Dec. 31, 1975. Amended: hold, release and shoot on the training area Filed July 30, 1979, effective Nov. 11, 1979. only legally obtained and captive-reared: (4) A field trial permit does not authorize Amended: Filed Aug. 31, 1979, effective Jan. pheasants, exotic partridges, quail and mal- trespass. 1, 1980. Amended: Filed Aug. 1, 1980, effec- lard ducks. Captive-reared mallard ducks tive Jan. 1, 1981. Amended: Filed Aug. 3, may be taken, possessed, transported, and (5) Except as otherwise provided in this rule, 1984, effective Jan. 1, 1985. Amended: Filed stored only as provided in this chapter and permits will not be valid for hound field tri- Aug. 6, 1985, effective Jan. 1, 1986. Amend- federal regulations. Such ducks must be phys- als during or five (5) days prior to the spring ed: Filed July 30, 1987, effective Jan. 1, ically marked prior to six (6) weeks of age by turkey or firearms deer hunting seasons 1988. Amended: Filed May 10, 1990, effec- removal of the hind toe from the right foot, or except on established field trial areas. Permits tive Jan. 1, 1991. Amended: Filed April 28, by tattooing of a readily discernible number for raccoon field trails will be valid during 1992, effective Jan. 15, 1993. Amended: or letter or combination thereof on the web of nighttime hours and provide for casting no Filed June 9, 1993, effective July 1, 1994. one (1) foot. Receipts for all game birds pur- more than four (4) dogs at one time during or Amended: Filed April 27, 1994, effective Jan. chased or held must be maintained, and are 1, 1995. Amended: Filed May 30, 1995, five (5) days prior to the spring turkey hunt- subject to inspection by an authorized agent effective Jan. 1, 1996. Amended: Filed May ing season. In field trials under permit, of the department at any reasonable time. 6, 1998, effective March 1, 1999. Amended: wildlife not prohibited in 3 CSR 10-7.410 Filed April 24, 2000, effective March 1, may be chased by dogs under control but may (2) Game birds held for more than twenty- 2001. Amended: Filed April 30, 2001, effec- four (24) hours must be confined in covered be pursued and taken only during the open tive March 1, 2002. Amended: Filed May 9, seasons and only by persons possessing a facilities that meet standards specified in 3 2002, effective Oct. 30, 2002. Amended: CSR 10-9.220. For mallard ducks, such facil- valid hunting permit, except as provided in Filed Oct. 9, 2003, effective March 30, 2004. ities must be designed and managed to imme- section (6) of this rule. The sponsoring orga- Amended: Filed Sept. 29, 2004, effective Feb. diately re-capture any unharvested ducks. nization shall issue identification bearing the 28, 2005. Amended: Filed Oct. 2, 2006, field trial permit number to all persons with- effective March 30, 2007. Amended: Filed (3) Dog training areas shall be a single tract out a valid hunting permit who enter dogs in March 19, 2007, effective April 1, 2007. of land not more than forty (40) acres in size a trial; provided, that this identification shall and posted with signs as specified or provid- not be required for trials held entirely on one ed by the department. These signs can be (1) contiguous tract of land where an agent of 3 CSR 10-9.627 Dog Training Area Permit obtained from the Missouri Department of the department is provided with a complete Conservation, PO Box 180, Jefferson City, list of the names and addresses of all partici- PURPOSE: This rule establishes a permit to operate a bird dog training area. MO 65102-0180. Multiple dog training area pants before the trial. permits may be issued for a single tract of To operate a dog training area, and to pur- land. (6) For game bird field trials: chase, hold, release and shoot on the training (A) Designated shooters, under the field area only legally obtained and captive-reared: (4) Shooting privileges shall be limited to the trial permit, may shoot only legally obtained pheasants, exotic partridges, quail, and mal- individual dog training area permit holder and captive-reared: quail, pheasants, exotic lard ducks. Fee: twenty dollars ($20). and not more than two (2) training assistants, partridges and mallard ducks. The permit whose names shall be listed on the permit holder may purchase quail, pheasants, and AUTHORITY: sections 40 and 45 of Art. IV, application and the dog training area permit. mallard ducks no more than ten (10) days Mo. Const. Original rule filed Aug. 31, 1965, All shooters shall possess the prescribed prior to a trial and hold them no longer than effective Dec. 31, 1965. Amended: Filed Aug. hunting permit. Only non-toxic shot may be ten (10) days after a trial. 6, 1985, effective Jan. 1, 1986. Amended: used for taking mallard ducks. (B) Quail, pheasants and exotic partridges Filed June 9, 1993, effective July 1, 1994. shall be marked with a permanent avian leg Amended: Filed April 27, 1994, effective Jan. (5) Game birds taken while dog training, band prior to release. Mallard ducks shall be 1, 1995. Amended: Filed April 24, 2000, other than mallard ducks, may be possessed marked by removal of the hind toe from the effective March 1, 2001. Amended: Filed and transported from the area only when right foot, or by tattooing a readily dis- Aug. 30, 2002, effective March 1, 2003. accompanied by a receipt listing the date, cernible number or letter or combination on Amended: Filed Oct. 2, 2006, effective Feb. number and species taken, and the dog train- the web of one (1) foot. 28, 2007. Amended: Filed March 19, 2007, ing area permit holder’s name and permit (C) Legally obtained quail, pheasants, effective April 1, 2007. number; or when accompanied by an exotic partridges and mallard ducks may be approved transportation sticker for each game taken in any number during a field trial and bird taken. Transportation stickers must be may be possessed and transported from the 3 CSR 10-9.628 Dog Training Area: Privi- purchased from the department by the dog field trial area by persons other than the field leges training area permit holder. trial permit holder only when accompanied by a receipt listing the date, number and PURPOSE: This rule clarifies the privileges (6) Captive-reared mallard ducks taken while species, and name, address and permit num- and responsibilities under this permit by cre- dog training may be possessed and transport- ber of the field trial permit holder. In addi- ation of a new rule, and clarifies that more ed from the area only when accompanied by

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 21 Secretary of State 3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

a receipt listing the date, number and species tions that are maintained by stocking or natu- effective March 1, 2001. Amended: Filed May taken, and dog training area permit holder’s ral reproduction. 9, 2002, effective March 1, 2003. Amended: name and permit number. In addition, the (B) The release of trout is likely to jeopar- Filed April 20, 2005, effective Sept. 30, 2005. marked foot must remain attached to mallard dize any wildlife designated as a state or fed- Amended: Filed Sept. 25, 2009, effective ducks. eral threatened or endangered species. March 1, 2010. NOTE: (For federal regulations on migratory (C) There is not year-round trout habitat. waterfowl, see Title 50, Parts 20 and 21 of the *Original authority: 252.240, RSMo 1972, amended 1984. Code of Federal Regulations.) (3) A permittee may release legally-acquired rainbow trout or brown trout for fishing and AUTHORITY: sections 40 and 45 of Art. IV, harvest throughout the year, under the fol- Mo. Const. This rule previously filed as 3 lowing conditions: CSR 10-9.627. Original rule filed Aug. 30, (A) The immediate source of the trout to 2002, effective March 1, 2003. Amended: be stocked must be currently certified as neg- Filed Oct. 9, 2003, effective March 30, 2004. ative for viral hemorrhagic septicemia, infec- Amended: Filed Oct. 2, 2006, effective tious pancreatic necrosis, infectious March 30, 2007. Amended: Filed March 19, hematopoietic necrosis, Myxobolus cere- 2007, effective April 1, 2007. Amended: Filed bralis, or other diseases which may threaten Oct. 10, 2008, effective April 30, 2009. fish stocks within the state, must have been certified negative for the previous three (3) consecutive years, and must not pose a threat 3 CSR 10-9.630 Confined Wildlife Permits: of introducing unwanted species. The imme- How Obtained, Replacements diate source of trout to be stocked must be (Rescinded March 1, 2003) certified as currently free of Salmincola spp. AUTHORITY: sections 40 and 45 of Art. IV, except that this requirement will not apply to Mo. Const. Original rule filed July 30, 1979, trout stocked from a trout production facility effective Jan. 1, 1980. Amended: Filed Aug. contiguous with the licensed trout fishing 1, 1980, effective Jan. 1, 1981. Amended: area. Certification will only be accepted Filed June 9, 1993, effective July 1, 1994. from federal, state, or industry personnel Rescinded: Filed May 9, 2002, effective approved by the department and only in March 1, 2003. accordance with provisions of fish importa- tion permit regulations (see 3 CSR 10- 9.110(4)). 3 CSR 10-9.640 Licensed Trout Fishing (B) The permittee shall keep an accurate Area Permit record of all trout of each species released into and taken from the licensed trout fishing PURPOSE: This rule establishes a Licensed area. These records shall be subject to Trout Fishing Area Permit. inspection by an authorized agent of the department at any reasonable time. The per- To maintain and operate a licensed trout fish- mittee shall provide each customer or guest ing area, and to stock legally acquired trout. with a receipt indicating the date and number Fee: one hundred dollars ($100). of trout taken. Customers or guests must retain this receipt during transport and stor- AUTHORITY: sections 40 and 45 of Art. IV, age of the trout. Mo. Const. Original rule filed April 24, 2000, effective July 1, 2001. (4) Customers or guests may fish for and take rainbow trout and brown trout in any numbers within the licensed trout fishing area without 3 CSR 10-9.645 Licensed Trout Fishing additional permits. Area Permit: Privileges, Requirements (5) A Licensed Trout Fishing Area Permit is PURPOSE: This rule delineates the privi- not required for stocking trout into an leges and requirements associated with the impoundment that is not subject to movement Licensed Trout Fishing Area Permit. of fishes to and from waters of the state and is entirely confined and located completely (1) A representative of the department shall upon lands owned or leased by a single per- inspect each proposed licensed trout fishing son or by two (2) or more persons jointly or area to determine that it meets all require- as tenants in common or by corporate share- ments of this rule before a permit is issued. holders.

(2) Permits will not be issued for water areas AUTHORITY: sections 40 and 45 of Art. IV, where: Mo. Const. and section 252.240, RSMo (A) The department manages trout popula- 2000.* Original rule filed April 24, 2000,

22 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER Secretary of State