Chapter 20—Wildlife Code: Definitions

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 JOHN R. ASHCROFT (7/31/21) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 20—Wildlife Code: Definitions 3 CSR 10-20 Title 3—DEPARTMENT OF mechanically-powered. upstream from Melvin Price Locks and Dam. CONSERVATION Division 10—Conservation Commission (9) Cervid: All species of the deer family (15) Commercial waters: The flowing por- Chapter 20—Wildlife Code: Definitions (family Cervidae) including those commonly tions of the Missouri River, the Mississippi known as white-tailed, mule, fallow, sika, River except in Sand Chute below the mouth 3 CSR 10-20.805 Definitions red, musk, Pere David’s deer, moose, cari- of the Salt River in Pike County, and that part bou, reindeer, elk, or wapiti, and all deer- of the St. Francis River which forms a bound- PURPOSE: This rule defines words and hybrids. ary between the states of Arkansas and terms used in the Code. Missouri, and also waters which exist tem- (10) Chase or chased: The act of using dogs porarily through overflow from the (1) For the purpose of this Code the following to follow wildlife or feral swine for the pur- Mississippi River east of the Missouri Pacific definitions shall govern unless a different pose of recreation or dog training, but not for Railroad between Cape Girardeau and Scott meaning is stated or clearly evident from the the purpose of catching or taking that wildlife City, and east of the Mississippi River main- context. or feral swine. line and setback levees between Commerce and the Arkansas state line. (2) Antlered deer: A deer having at least one (11) Circus: A scheduled staged event in (1) antler not less than three inches (3") long. which entertainment includes performances (16) Commission: The Conservation by trained wildlife, either native or nonnative Commission as specified in Section 3, (3) Antlered elk: An elk having at least one to the continental United States, and in which Reorganization Act of 1974, pursuant to (1) antler not less than six inches (6") long. physical contact between wildlife and humans Article IV, Section 40(a) of the Constitution is restricted to the handlers, performers, or of Missouri (see also Article IV, Section 12). (4) Arm of lake: An inlet or bay of a water other circus employees. impoundment, including all impounded trib- (17) Crossbow: A device for discharging utaries, smaller arms, and coves thereof other (12) Closed season: That period of time dur- quarrels or bolts, formed of a bow set cross- than those specifically excepted. ing which the pursuit or taking of wildlife is wise on a stock, usually drawn by means of a prohibited by this Code. mechanism and discharged by release of a (5) Atlatl: A rod or narrow board-like device trigger. used to launch, through a throwing motion of (13) Commercial establishment: Any place of the arm, a dart five to eight feet (5'–8') in business, owned or operated by any person or (18) Days or dates: All days and dates shall length. group of persons, or business concern of any be inclusive. A day shall begin or end at mid- kind, where ordinary trade or business prac- night, unless otherwise specified. (6) Backwater: Any flowing or nonflowing tices are conducted. This term shall include, water lying exclusively within the floodplain but is not restricted to, any club, association, (19) Department: The Department of of a river and connected to that river at any or society where meals, lodging, or other ser- Conservation as specified in Section 3, water level below official flood stage, as des- vices or facilities are furnished for a consid- Reorganization Act of 1974, pursuant to ignated by the U.S. Army Corps of Engineers eration, price, or fee. Article IV, Section 40(a) of Constitution of for the portion of the river where backwater Missouri (see also Article IV, Section 12). is occurring. Backwater shall not include (14) Commercial fish: All fish except endan- tributary streams and ditches, but may gered species as listed in 3 CSR 10-4.111(3), (20) Director: The director of the include side channels, chutes, sloughs, bay- alligator gar, and game fish as defined in this Department of Conservation. ous, oxbows, and blew holes. rule. Includes those species for which sale is permitted when legally obtained. For purpos- (21) Ditch: Any artificial drainageway, tribu- (7) Bow: A device drawn and held by hand es of this Code, packaged salt water species tary to a stream or body of water, and con- and not fastened to a stock nor to any other or freshwater species not found in waters of taining sufficient water to support fish. mechanism that maintains the device in a this state, when the processed fish are truly drawn position. This definition includes long- labeled as to content, point of origin, and (22) Domicile: The place where a person has bows, recurve bows, and compound bows. name and address of the processor, are his/her true, fixed, and permanent home and exempt from restrictions applicable to native principal establishment and to which whenev- (8) Cable restraint device: A device for the commercial fish. Commercial fish include er s/he is absent s/he has the intention of live-capture of certain furbearers in a non- crayfish taken from waters open to commer- returning. It is his/her legal residence, as dis- water set by use of a cable loop made of cial fishing. In the Mississippi River and that tinguished from his/her temporary place or stranded steel cable, not greater than five feet part of the St. Francis River which forms the abode; or his/her home, as distinguished (5') long (not including extensions), with a boundary between the states of Arkansas and from a place to which business or pleasure diameter of not less than five sixty-fourths Missouri, commercial fish also include chan- may temporarily call him/her. inch (5/64") and equipped with a commer- nel, blue, and flathead catfish at least fifteen cially manufactured breakaway rated at three inches (15") in total length. In the Mississippi (23) Drowning set: Trap or snare sets con- hundred fifty pounds (350 lbs.) or less, a River only, commercial fish also include pad- structed with a solid fiber or steel rod or relaxing-type lock, a stop device that prevents dlefish at least twenty-four inches (24") in cable, anchored at each end, having a drown- it from closing to less than two and one-half length (measured from eye to fork of tail) and ing lock attached to the trap or snare allowing inches (2 1/2") in diameter, and an anchor shovelnose sturgeon twenty-four inches to the trap or snare to only slide one (1) way, swivel, but shall not be equipped with a com- thirty-two inches (24"–32") in length (mea- and located in water at a depth sufficient for pression-type choke spring, or be otherwise sured from tip of snout to fork of tail) drowning. JOHN R. ASHCROFT (7/31/21) CODE OF STATE REGULATIONS 3 Secretary of State 3 CSR 10-20—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission (24) Established field trial area: One (1) con- snipe. twenty-six inches (26") as measured between tiguous tract of privately-owned land that is the muzzle of the barrel and the rearmost fenced or enclosed in a manner to reasonably (30) Game fish: Shall include the following in portion of the firearm (excluding any pistol prevent dogs pursuing or chasing wildlife which the common names are to be interpret- brace, muzzle device, or other firearm acces- from leaving the area, where the primary use ed as descriptive of, but not limiting, the sory not permanently attached to the of the land is for training dogs to pursue and classification by Latin names. firearm). The use of a pistol brace is specifi- chase wildlife or to conduct field trials. (A) Ambloplites, all species of goggle-eye cally authorized, and a second hand may be (commonly known as Ozark bass, rock bass, used for support when firing. (25) Field trial: An organized event, contest, shadow bass) and their hybrids. demonstration, or trial of dogs whether or not (B) Esox, all species commonly known as (34) Hook: Single- or multiple-pronged prizes or awards of any kind are offered, and muskellunge, tiger muskie, muskie-pike hooks and the ordinary artificial lures with where dogs may be used to chase, locate, hybrid, northern pike, chain pickerel, grass attached single- or multiple-pronged hooks pursue, or retrieve wildlife. pickerel. and dropper flies. A multiple-pronged hook (C) Ictalurus, all species except bullheads, or two (2) or more hooks employed to hold a (26) Firearms: Pistols, revolvers, and rifles commonly known as channel catfish, blue single bait, shall be considered a single hook propelling a single projectile at one (1) dis- catfish, Mississippi cat, Fulton cat, spotted in counting the allowable total in use. charge including those powered by spring, cat, white cat, willow cat, fiddler cat. air, or compressed gas, and shotguns not (D) Lepomis gulosus, commonly known as (35) Invasive fish: Shall include fish defined larger than ten (10) gauge. warmouth. as prohibited in 3 CSR 10-4.117(C) and the (E) Micropterus, all species of black bass following: (27) Flies, lures, and baits: The following are and their hybrids, commonly known as large- (A) Bighead carp (Hypophthalmichthys authorized for use except where restricted in mouth bass, lineside bass, smallmouth bass, nobilis); and 3 CSR 10-6.415, 3 CSR 10-6.535, 3 CSR 10- brown bass, Kentucky bass, spotted bass.

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