3 CSR 10- 4.111: Endangered Species

The commission is proposing to remove the peregrine falcon from the State endangered-species list.

3 CSR 10- 4.135: Transportation

This amendment allows heads from deer harvested in the CWD Management Zone to be delivered to any department disease surveillance sampling station or department-approved disease surveillance sampling station within 48 hours of exit from the county of harvest except during opening weekend of the November portion of firearms deer season when heads must be taken to a designated disease surveillance sampling station as required by 3 CSR 10-4.200(3).

3 CSR 10- 6.550: Other Fish

The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp and their use as live bait.

3 CSR 10- 6.605: Live Bait

The proposed amendment reestablishes the seasons, methods, and limits for taking common carp and grass carp as live bait.

3 CSR 10- 7.439: Deer: Chronic Wasting Disease Management Program; Permit Availability, Methods, Limits

This amendment changes the required size of properties for landowners to enroll in the Chronic Wasting Disease Management Program from 20 acres to 5 acres.

3 CSR 10- 9.105: General Provisions

The amendments to this rule establish the species of wildlife that may be held under a Class III Wildlife Breeder Permit and Wildlife Exhibitors Permit, removes wolf-hybrids from the approved species list for Class II wildlife breeders, and modifies the approved species list for Class II wildlife breeders to include only those black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves legally obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021. The amendments also modify the list of approved species for a Class I Wildlife Breeder Permit, corrects the scientific names of certain species, and adds language to the General Provisions of this chapter to specify that confined wildlife and holding facilities are subject to inspection by a conservation agent at any reasonable time. Proposed additions to this rule also establish general provisions for the chapter, to be consistent with the format of other chapters.

3 CSR 10- 9.110: General Prohibition; Applications

This amendment clarifies that non-native mammals held within licensed big game hunting preserves are currently not exempt from permit requirements and specifically authorizes the exhibition of those species of fish listed on the Approved Aquatic Species List without permit.

3 CSR 10- 9.220: Wildlife Confinement Standards

These amendments require any person holding wildlife in confinement under permit to report all wildlife escapes immediately to a conservation agent, changes the term "captive" to "confined" for most references to wildlife, and modifies confinement standards for certain species of wildlife held in confinement. It also reflects the creation of a Class III Wildlife Breeder Permit for certain cervids currently held under Class I and II Wildlife Breeder Permits. Finally, the amendments remove circuses, bona fide research facilities, and fur farms from the current exemption for compliance with confinement standards.

3 CSR 10- 9.223: Wildlife Movement: Certification, Requirements

This rule clarifies that all wildlife held or transported in confinement shall comply with applicable state and federal animal health standards and movement requirements.

3 CSR 10- 9.230: Class I Wildlife

This amendment clarifies that permits to hold wildlife in confinement will only be issued for those species of Class I wildlife listed for each permit type on the Approved Confined Wildlife Species List, removes redundant references to bullfrogs and green frogs, and removes permit exemptions for elk defined as livestock from this rule so it can be relocated to 3 CSR 10-9.250 and 9.352.

3 CSR 10- 9.240: Class II Wildlife

This amendment clarifies that permits to hold wildlife in confinement will only be issued for those species of Class II wildlife listed for each permit type on the Approved Confined Wildlife Species List.

3 CSR 10- 9.250: Class III Wildlife

This rule defines Class III wildlife and clarifies that permits to hold cervids in confinement will only be required for those species of Class III wildlife listed on the Approved Confined Wildlife Species List.

3 CSR 10- 9.350: Class I Wildlife Breeder Permit

The amendments to this rule add exemptions to the Class I Wildlife Breeder Permit requirement that were removed from 3 CSR 10-9.230 and 3 CSR 10-9.353 to this rule.  The existing permit exemption for circuses is removed.

3 CSR 10- 9.351: Class II Wildlife Breeder Permit

The amendments to this rule specify that Class II breeder privileges may only be exercised for black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves that were obtained under a valid Class II Wildlife Breeder Permit prior to August 30, 2021, creates an exemption to the Class II breeder permit requirements for wolf-hybrids, and adds an exemption to the Class II breeder permit requirements that was removed from 3 CSR 10-9.353, with the exception of the exemption for circuses.

3 CSR 10- 9.352: Class III Wildlife Breeder Permit

This rule establishes a Class III Wildlife Breeder Permit for breeders holding Class III wildlife that is required to be permitted and establishes the permit exemptions.

3 CSR 10- 9.353: Privileges of Class I and Class II Wildlife Breeders

The amendments to this rule clarify the requirements for holding wildlife in confinement and improve the organization of Chapter 9 of the Wildlife Code; modify the privileges of Class II wildlife breeders related to black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves to prohibit the addition of new animals to Class II breeding operations currently holding these species; removes the permit exemption for non-residents exhibiting wildlife at special events; and removes the wildlife exhibition privilege (excluding gamebirds, amphibians, reptiles, and at consignment sales) from the privileges granted to Class I and Class II wildlife breeders.  This rule establishes privileges and requirements for wildlife breeders.  It has been reorganized from an older version to provide better organization and understanding, and to clarify that migratory waterfowl may be reared and held in captivity as provided in federal regulations but that such waterfowl may only be hunted as provided in 3 CSR 10-9.625 of this Code. It also removes permit exemptions, which have been moved to 3 CSR 10-9.350 and 3 CSR 10-9.351. Finally, it moves all provisions related to cervids to the new Class III wildlife breeder privileges section at 3 CSR 10-9.354.

3 CSR 10- 9.354: Privileges of Class III Wildlife Breeders

This rule establishes the privileges and requirements for Class III wildlife breeders

3 CSR 10- 9.359: Class I and Class II Wildlife Breeder: Records Required

This amendment removes provisions related to cervids and moves them to provisions for Class III wildlife breeder inventory records in 3 CSR 10-9.360.  It also clarifies the expectation that all records must be complete and accurate.

3 CSR 10- 9.360: Class III Wildlife Breeder: Inventory and Records Required

This rule requires all Class III wildlife breeders to conduct and maintain records associated with herd inventory that will facilitate the tracking of movement, disease, and deaths for each facility.

3 CSR 10- 9.370: Wildlife Exhibitor Permit

This rule establishes a permit to maintain and operate a wildlife exhibit containing Class I wildlife, Class II wildlife, and native fish other than those listed on the Approved Aquatic Species List, except, coyotes, foxes, raccoons, skunks, native bats, and prohibited species.

3 CSR 10- 9.371: Wildlife Exhibitor Privileges

This rule establishes the privileges and requirements for wildlife exhibitors.

3 CSR 10- 9.372: Wildlife Exhibitor Permit: Records Required

This rule establishes the record keeping requirements for the holder of a Wildlife Exhibitor Permit.

3 CSR 10- 9.442: Falconry

This amendment will allow master falconers to take and possess wild passage peregrine falcons for use in falconry in accordance with season dates and the annual allocation established by the United States Fish and Wildlife Service for Missouri.

3 CSR 10- 9.560: Licensed Hunting Preserve Permit

The proposed amendments allow Licensed Hunting Preserve Permit holders to designate an authorized representative to act on the permit holder's behalf and changes the permit term from three years to one year.

3 CSR 10- 9.565: Licensed Hunting Preserve: Privileges

This amendment sets out the privileges and requirements for licensed shooting areas. The amendment creates a hunt-qualified status that allows permittees to conduct hunts if they meet established requirements, and criteria for regaining hunt-qualified status, if lost.  The amendment requires hunting preserves exercising the privileges of a breeding facility with respect to Class III permitted cervids to obtain a Class III Wildlife Breeder Permit. The amendments reduce the burden of current CWD testing requirements by allowing department-certified collectors to collect samples and by creating a tiered system of disease surveillance based upon past compliance and disease risk. Replacement samples are required, if necessary, to meet the testing requirement. The amendment removes the exemption for mass mortalities since the testing requirements have been reduced. The amendment clarifies acceptable methods of animal identification and requires permit holders to authorize laboratories to submit CWD test results directly to the state wildlife veterinarian. In the event of a confirmed status, the amendment clarifies how epidemiologically linked herds will be treated. The amendment creates an obligation by the licensed big game hunting preserve to maintain documentation from all cervid breeders providing animals to the facility that the animals were born within the state of Missouri. The amendment also clarifies that all Class III permitted wildlife must originate from a Class III wildlife breeding facility and requires that all other cervids must originate from a facility enrolled in a state-sponsored CWD herd certification program. Finally, the amendment clarifies procedures when a permit expires or is revoked with respect to animals present in the facility.

The above changes are necessary to clarify existing regulations, practices, and expectations.  The hunt-qualified status is necessary to ensure facilities are complying with applicable regulations, while providing an alternative to criminal enforcement. Changes to the CWD testing requirements will result in more valid samples being submitted for testing, while redistributing the burden of testing between big game hunting preserves and breeding facilities. The department anticipates getting better disease surveillance from the proposed changes.  Changes that required CWD test results be submitted directly to the state wildlife veterinarian are necessary to ensure the department receives all test results and to confirm required samples are submitted.

3 CSR 10- 9.566: Licensed Hunting Preserve: Records Required

The proposed amendments clarify the expectation to keep up to date records on a daily basis and to accommodate an on-line department provided database for inventory records in the future.

3 CSR 10-10.725: Commercial Fishing: Seasons, Methods

The proposed amendment reestablishes the commercial fishing seasons, methods, and limits for taking common carp and grass carp in certain streams and establishes restrictions on the use of commercial fishing gear.

3 CSR 10-10.739: Fish Utilization Permit

The proposed amendment authorizes the selling of common and grass carp to commercial establishments by contractors in a department contracted invasive fish removal project.

3 CSR 10-10.744: Commercial Deer Processing: Permit, Privileges, Requirements

This amendment adds an exception for hides with excess tissue removed from the requirement for cervid carcass parts not returned to the patron to be disposed of in a sanitary landfill or transfer station and removes the requirement that processors dispose of cervid waste in sanitary landfills or transfer stations that are permitted specifically by the Missouri Department of Natural Resources.

3 CSR 10-10.767: Taxidermy; Tanning: Permit, Privileges, Requirements

This amendment adds exceptions for specified cervid parts from the requirement for cervid carcass parts not returned to the patron to be disposed of in a sanitary landfill or transfer station and removes the requirement that taxidermists dispose of cervid waste in sanitary landfills or transfer stations that are permitted specifically by the Missouri Department of Natural Resources.

3 CSR 10-11.186: Waterfowl Hunting

The proposed amendment removes Lake Paho Conservation Area from prohibited for waterfowl hunting and removes Yellow Creek Conservation Area from a 1:00 pm closure for waterfowl hunting.

3 CSR 10-12.109: Closed Hours

The proposed amendment removes Empire District Electric Company (Ozark Beach Recreation Area), due to a termination of the Community Assistance Program (CAP) agreement, from the rule establishing closed hours for uses other than fishing and other conservation-related recreation at areas managed in cooperation with other public entities.

3 CSR 10-12.110: Use of Boats and Motors

The proposed amendment allows for boats without motors on Sedalia (Clover Dell Park Lake) and restricts boats to no wake speed on Watkins Mill State Park (Williams Creek Lake), areas under management agreement with the department.

3 CSR 10-20.805: Definitions

The proposed amendment removes common and grass carp from the definition of Invasive fish in the Code.