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Department of Conservation Division 10—Conservation Commission Chapter 4—Wildlife Code: General Provisions

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Rules of Department of Conservation Division 10—Conservation Commission Chapter 4—Wildlife Code: General Provisions Title Page 3 CSR 10-4.105 Title; Authority .................................................................................3 3 CSR 10-4.110 General Prohibition; Applications ...........................................................3 3 CSR 10-4.111 Endangered Species ............................................................................3 3 CSR 10-4.112 Importation or Sale of Live Grass Carp and Walking Catfish Prohibited (Rescinded January 1, 1980) ................................................................4 3 CSR 10-4.113 Ginseng...........................................................................................4 3 CSR 10-4.115 Special Regulations for Department Areas.................................................8 3 CSR 10-4.116 Special Regulations for Areas Owned by Other Entities ...............................17 3 CSR 10-4.118 Public Use of Certain Department Buildings.............................................20 3 CSR 10-4.120 Boundary Waters ..............................................................................24 3 CSR 10-4.125 Inspection.......................................................................................24 3 CSR 10-4.130 Owner May Protect Property ...............................................................24 3 CSR 10-4.134 Importation of Fish and Fish Eggs (Rescinded January 31, 1994) ...................24 3 CSR 10-4.135 Transportation .................................................................................24 3 CSR 10-4.136 Giving Away Wildlife.........................................................................24 3 CSR 10-4.137 Wildlife Identification ........................................................................25 3 CSR 10-4.138 Possession and Daily Limit..................................................................25 3 CSR 10-4.140 Possession, Storage and Processing ........................................................25 3 CSR 10-4.145 Preparing and Serving Wildlife .............................................................25 3 CSR 10-4.150 Legality of Wildlife Taken Outside of Missouri .........................................25 MATT BLUNT (6/30/01) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 4—Wildlife Code: General Provisions 3 CSR 10-4 Title 3—DEPARTMENT OF 3 CSR 10-4.110 General Prohibition; 3 CSR 10-9.110 may be released into pri- CONSERVATION Applications vately-owned impoundments which are desig- Division 10—Conservation Commission nated as waters of the state by virtue of hav- PURPOSE: This rule prohibits the pursuit, Chapter 4—Wildlife Code: ing been stocked by the state, or because they taking, possession or any use of wildlife are owned jointly, or as tenants in common or General Provisions except as provided in the Code. by corporate shareholders. Statewide seasons, NOTE: Some of the rules published in the methods and limits for all species will apply (1) No bird, fish, amphibian, reptile, mam- to these waters. current version of this chapter may not be mal or other form of wildlife, including their effective. A rule’s effective date is found in homes, dens, nests and eggs in Missouri shall AUTHORITY: sections 40 and 45 of Art. IV, the authority section at the end of the rule. If be molested, pursued, taken, hunted, Mo. Const. Original rule filed June 26, a rule’s effect date has not yet arrived, the trapped, tagged, marked, enticed, poisoned, 1975, effective July 7, 1975. Amended: Filed previous edition of the rule would be the rule killed, transported, stored, served, bought, July 15, 1976, effective Dec. 31, 1976. still in effect. Previous editions of these rules sold, given away, accepted, possessed, prop- Amended: Filed April 20, 1978, effective may be available on the Office of the Secre- agated, imported, exported or liberated to the Aug. 15, 1978. Amended: Filed July 15, tary of State’s previous edition web site at wild in any manner, number, part, parcel or 1978, effective Oct. 12, 1978. Amended: http://mosl.sos.mo.us/csr/3csrpe.htm or by quantity, at any time, except as specifically Filed July 30, 1979, effective Jan. 1, 1980. contacting the agency. permitted by these rules and any laws consis- Amended: Filed Aug. 1, 1980, effective Jan. tent with Article IV, sections 40–46 of the 1, 1981. Amended: Filed July 31, 1981, effec- 3 CSR 10-4.105 Title; Authority Constitution of Missouri. tive Jan. 1, 1982. Amended: Filed July 27, 1982, effective Jan. 1, 1983. Amended: Filed PURPOSE: This rule defines the Wildlife (2) All hours and times listed in this Code Aug. 1, 1983, effective Jan. 1, 1984. shall be based on prevailing local time unless Code, provides that its rules are severable Amended: Filed Aug. 6, 1985, effective Jan. specifically designated otherwise. and establishes enforcement authority. 1, 1986. Amended: Filed Aug. 7, 1986, effec- tive Jan. 1, 1987. Amended: Filed July 30, (3) Except as otherwise provided in this 1987, effective Jan. 1, 1988. Amended: Filed The rules of the Conservation Commission Code, wildlife may be taken only by holders Aug. 8, 1989, effective Jan. 1, 1990. and statutory laws not inconsistent therewith of the prescribed permits and in accordance Amended: Filed May 10, 1990, effective Jan. shall constitute the Wildlife Code of Missouri, with prescribed methods. designated as the “Code.” The rules of the 1, 1991. Amended: Filed May 10, 1991, effec- Conservation Commission are severable and (4) Birds, game mammals, furbearers, fish, tive Jan. 1, 1992. Amended: Filed April 28, if any rule or portion of this Code is held bullfrogs and green frogs, mussels, crayfish, 1992, effective Feb. 26, 1993. Emergency amendment filed Dec. 29, 1992, effective invalid, the remainder shall not be affected. and common snapping and soft-shelled turtles Jan. 9, 1993, expired May 8, 1993. The boldface caption for any rule does not may be taken only within the limits and dur- Emergency amendment filed April 28, 1993, affect the meaning of the rule. All authorized ing the open seasons prescribed in this Code; provided, in a situation of emergency where effective May 9, 1993, expired June 7, 1993. agents of the department and all duly consti- Amended: Filed Dec. 29, 1992, effective June tuted peace officers are authorized to enforce the public interest justifies extraordinary sal- vage measures to prevent or minimize waste, 7, 1993. Sections (5), (6) and (10) changed to the provisions of this Code. the director may authorize the taking and pos- 3 CSR 10-9.110, effective Jan. 31, 1994. Amended: Filed April 27, 1994, effective Jan. AUTHORITY: sections 40 and 45 of Art. IV, session of wildlife by provisions other than those established in this Code, for a period 1, 1995. Amended: Filed April 25, 1996, Mo. Const. Original rule filed Aug. 18, not to exceed ninety (90) days. effective March 1, 1997. Amended: Filed 1967, effective Dec. 31, 1967. Amended: June 27, 1996, effective March 1, 1997. Filed July 30, 1987, effective Jan. 1, 1988. (5) No person, corporation, municipality, Amended: Filed June 11, 1997, effective county, business or other public or private March 1, 1998. Amended: Filed June 11, Marsh v. Bartlett 343 Missouri 526, 121 entity shall cause or allow any deleterious 1998, effective March 1, 1999. Amended: SW2d 737 (1938). As regards administrative substance to be placed, run or drained into Filed April 24, 2000, effective March 1, authority found in the Wildlife Code, viola- any of the waters of this state in quantities 2001. tions of the Code are not unconstitutional del- sufficient to injure, stupefy or kill fish or egations of legislative power because pun- other wildlife which may inhabit such waters. ished as offenses. “Regulatory” authority of 3 CSR 10-4.111 Endangered Species the Conservation Commission includes ordi- (6) No person shall administer, by any PURPOSE: This rule extends special protec- narily the means to adjust, order or govern by means, any contraceptive to any species of tion to endangered wildlife and lists those rule or established mode; direct or manage wildlife outside of captivity in Missouri with- out written authorization of the director. species considered to be threatened with according to certain standards or rules. extinction. (7) No person who legally takes or possesses Schley v. Conservation Commission of any wildlife shall wantonly leave or abandon (1) The importation, transportation, sale, Missouri, 329 SW2d 736 (Mo. 1959). Rules any portion of such wildlife commonly used purchase, taking or possession of any endan- promulgated by the Missouri Conservation as human food. gered species of wildlife, or hides or other Commission, especially those bearing crimi- parts thereof, or the sale or possession with nal penalties, are subject to the same rule of (8) With landowner permission, any species intent to sell of any article made in whole or definiteness as statutes. listed in the Approved Aquatic Species List in in part from the skin, hide or other parts of MATT BLUNT (4/30/01) CODE OF STATE REGULATIONS 3 Secretary of State 3 CSR 10-4—CONSERVATION Division 10—Conservation Commission any endangered species of wildlife is prohib- effective Dec. 31, 1973. Amended: Filed July in Missouri, or acquired from outside the ited; provided, that this rule shall not apply to 13, 1976, effective Dec. 31, 1976. Amended: state, may be purchased, sold, transported or legally acquired wildlife held under permit or Filed June 27, 1977, effective Jan.
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