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Department of Conservation Division 10—Conservation Commission Chapter 20—Wildlife Code: Definitions

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Department of Conservation Division 10—Conservation Commission Chapter 20—Wildlife Code: Definitions Rules of Department of Conservation Division 10—Conservation Commission Chapter 20—Wildlife Code: Definitions Title Page 3 CSR 10-20.805 Definitions ......................................................................................3 MATT BLUNT (7/31/04) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 20—Wildlife Code: Definitions 3 CSR 10-20 Title 3—DEPARTMENT OF (8) Circus: A scheduled staged event in Missouri, and also waters which exist tem- CONSERVATION which entertainment includes performances porarily through overflow from the Missis- Division 10—Conservation Commission by trained wildlife, either native or nonnative sippi River east of the Missouri Pacific Rail- Chapter 20—Wildlife Code: Definitions to the continental United States, and in which road between Cape Girardeau and Scott City, physical contact between wildlife and humans and east of the Mississippi River mainline 3 CSR 10-20.805 Definitions is restricted to the handlers, performers or and setback levees between Commerce and other circus employees. the Arkansas state line. PURPOSE: This rule defines words and terms used in the Code. (9) Closed season: That period of time during (13) Commission: The Conservation Com- which the pursuit or taking of wildlife is pro- mission as specified in Section 3, Reorgani- (1) For the purpose of this Code the follow- hibited by this Code. zation Act of 1974, pursuant to Article IV, ing definitions shall govern unless a different Section 40(a) of the Constitution of Missouri meaning is stated or clearly evident from the (10) Commercial establishment: Any place of (see also Article IV, Section 12). context. business, owned or operated by any person or group of persons, or business concern of any (14) Crossbow: A device for discharging (2) Antlered deer: A deer having at least one kind, where ordinary trade or business prac- quarrels or bolts, formed of a bow set cross- (1) antler not less than three inches (3") long. tices are conducted. This term shall include, wise on a stock, usually drawn by means of a but is not restricted to, any club, association mechanism and discharged by release of a (3) Arm of lake: An inlet or bay of a water or society where meals, lodging or other ser- trigger. impoundment, including all impounded trib- vices or facilities are furnished for a consid- utaries, smaller arms and coves thereof other eration, price or fee. (15) Days or dates: All days and dates shall than those specifically excepted. be inclusive. A day shall begin or end at mid- (11) Commercial fish: All fish except endan- night, unless otherwise specified. (4) Backwater: Any flowing or nonflowing gered species as listed in 3 CSR 10-4.111(3) water lying exclusively within the floodplain and game fish as defined in this rule. (16) Department: The Department of Conser- of a river and connected to that river at any Includes those species for which sale is per- vation as specified in Section 3, Reorganiza- water level below official flood stage, as des- mitted when legally obtained. For purposes tion Act of 1974, pursuant to Article IV, ignated by the U.S. Army Corps of Engineers of this Code, packaged salt water species or Section 40(a) of Constitution of Missouri (see for the portion of the river where backwater freshwater species not found in waters of this also Article IV, Section 12). is occurring. Backwater shall not include state, when the processed fish are truly tributary streams and ditches, but may labeled as to content, point of origin and (17) Director: The director of the Depart- include side channels, chutes, sloughs, bay- name and address of the processor, are ment of Conservation. ous, oxbows and blew holes. exempt from restrictions applicable to native commercial fish. Commercial fish include (18) Ditch: Any artificial drainageway, tribu- (5) Cable restraint device: A device for the common snapping and soft-shelled turtles and tary to a stream or body of water, and con- live-capture of certain furbearers in a non- crayfish taken from waters open to commer- taining sufficient water to support fish. water set by use of a cable loop made of non- cial fishing. In the Mississippi River and that stainless, multi-strand steel cable, not greater part of the St. Francis River which forms the (19) Domicile: The place where a person has than five feet (5') long (not including exten- boundary between the states of Arkansas and his/her true, fixed and permanent home and sions), with a diameter of not less than five Missouri, commercial fish also include chan- principal establishment and to which when- sixty fourths inch (5/64") and equipped with nel, blue and flathead catfish at least fifteen ever s/he is absent s/he has the intention of a commercially manufactured breakaway inches (15") in total length. In the Mississippi returning. It is his/her legal residence, as dis- rated at two hundred eighty-five pounds (285 River only, commercial fish also include pad- tinguished from his/her temporary place or lbs.) or less, a relaxing-type lock, a stop dlefish at least twenty-four inches (24") in abode; or his/her home, as distinguished device that prevents it from closing to less length (measured from eye to fork of tail) and from a place to which business or pleasure than two and one-half inches (2 1/2") in shovelnose sturgeon up to thirty inches (30") may temporarily call him/her. diameter, and an anchor swivel, but shall not in length (measured from tip of snout to fork be equipped with a compression-type choke of tail). In the Missouri River downstream (20) Field Trial: An organized event, contest, spring, or be otherwise mechanically-pow- from U.S. Highway 169 to Carl R. Noren demonstration or trial of dogs whether or not ered. Access and downstream from Chamois prizes or awards of any kind are offered and Access to its confluence with the Mississippi where dogs may be used to chase, locate, (6) Cervid: All species of the deer family River, commercial fish also include shovel- pursue or retrieve wildlife. (family Cervidae) including those commonly nose sturgeon twenty-four inches (24"–30") known as white-tailed, mule, fallow, sika, in length (measured from tip of snout to fork (21) Firearms: Pistols, revolvers and rifles red, musk, Pere David’s deer, moose, cari- of tail). propelling a single projectile at one (1) dis- bou, reindeer, elk, or wapiti, and all deer- charge including those powered by spring, air hybrids. (12) Commercial waters: The flowing por- or compressed gas, and shotguns not larger tions of the Missouri River, the Mississippi than ten (10) gauge. (7) Chase or chased: The act of using dogs to River except in Sand Chute below the mouth follow wildlife for the purpose of recreation of the Salt River in Pike County, and that part (22) Flies, lures and baits: The following are or dog training, but not for the purpose of of the St. Francis River which forms a bound- authorized for use except where restricted in catching or taking that wildlife. ary between the states of Arkansas and 3 CSR 10-6.415, 3 CSR 10-6.535, 3 CSR 10- MATT BLUNT (7/31/04) CODE OF STATE REGULATIONS 3 Secretary of State 3 CSR 10-20—DEPARTMENT OF CONSERVATION Division 20—Wildlife Code: Definitions 11.205, 3 CSR 10-12.135 and 3 CSR 10- (F) Polyodon, all species, commonly drawn position. This definition includes com- 12.150. known as paddlefish, spoonbill. pound bows. (A) Natural and scented baits—A natural (G) Pomoxis, all species, commonly fish food such as bait fish, crayfish, frogs known as crappie, white crappie, black crap- (33) Managed deer hunt: A prescribed deer permitted as bait, grubs, insects, larvae, pie. hunt conducted on a designated area for worms, salmon eggs, cheese, corn and other (H) Pylodictis, commonly known as flat- which harvest methods, harvest quotas and food substances not containing any ingredient head catfish, goujon, yellow cat, river cat. numbers of participants are determined annu- to stupefy, injure or kill fish. Does not (I) Morone, all species and their hybrids, ally and presented in the deer hunting rule (3 include flies or artificial lures. Includes commonly known as white bass, yellow bass, CSR 10-7.435). dough bait, putty or paste-type bait, any sub- striped bass. stance designed to attract fish by taste or (J) Oncorynchus and Salmo, all species (34) Mouth of stream or ditch: The point at smell and any fly, lure or bait containing or commonly known as salmon and trout. which a line projected along the shore of a used with such substances. (K) Stizostedion, all species and their main stream or ditch at the existing water (B) Soft plastic bait (unscented)—Synthetic hybrids, commonly known as walleye, pike level at time of measurement crosses any eggs, synthetic worms, synthetic grubs and perch, jack salmon, sauger. incoming stream or ditch. soft plastic lures. (L) Scaphirhynchus platorynchus, com- (35) Mussels: All species of freshwater mus- (C) Artificial lure—A lure constructed of monly known as shovelnose sturgeon, hackle- sels and clams. Includes all shells and alive any material excluding soft plastic bait and back, sand sturgeon. natural and scented bait as defined in (A) or or dead animals. Two (2) shell halves (valves) shall be considered one (1) mussel. (B) above. (26) Game mammals: Deer, fox squirrel, (D) Fly—An artificial lure constructed on gray squirrel, groundhog (woodchuck), cot- (36) Muzzleloading firearm: Any firearm a single-point hook, using any material tontail rabbit, swamp rabbit, jack rabbits, and capable of being loaded only from the muz- except soft plastic bait and natural and scent- furbearers as defined.
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