Wildlife Code - Proposed Regulation Changes

Body

The Missouri Department of Conservation follows the Secretary of State’s established process for making changes to the Code of State Regulations. This process calls for state agencies to conduct a 30-day public comment period for each proposed rule, amendment, or rescission and to consider those comments prior to filing a final order of rulemaking.

3 CSR 10- 4.113: Ginseng

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 4 – Wildlife Code: General Provisions

Proposed Amendment

(1)  Any person harvesting, transporting, possessing, buying, selling, importing, or exporting ginseng (Panax quinquefolium) in any manner, or attempting any of these acts, must obtain and have on his/her person the prescribed permit, temporary permit authorization number(s), or evidence of exemption as specified in this rule, 3 CSR 10-10.800, or 3 CSR 10-10.810. The temporary permit authorization number(s) and picture identification must be carried at all times while exercising privileges related to ginseng until the actual permit(s) is received. Harvesting means the collecting, picking, or digging of any part (including seeds and roots) of a ginseng plant. Harvested ginseng roots in wet or dry form shall be classified as a product made from an endangered species of plant as defined in section 252.240 RSMo and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora."  The possession of harvested uncertified ginseng roots shall constitute an acknowledgment that possession is with the intent to sell a product made from an endangered species of plant.

[(1)](2) [Wild g]Ginseng [(Panax quinquefolium) ]may be harvested and transported by the holder of the prescribed ginseng harvester permit or by landowners as prescribed section (5) of this rule from September 1 through December 31. [Wild ginseng]All ginseng plants or roots harvested must possess three (3) or more true leaves (prongs). The entire stalk, minus the mature fruits, shall be kept with the plants until they are taken to the harvester’s home or place of business. When harvesting [wild ]ginseng, [harvesters]the harvester shall plant all seeds from harvested plants within one hundred feet (100') of the parent plants. [Plants or roots of wild ginseng taken in Missouri, or acquired from outside the state, may be purchased, sold, transported, or exported]Uncertified ginseng plants or roots harvested by the permittee or by landowners as prescribed in section (5) of this rule may be possessed, transported, or sold in dried form only from September 15 through March 15; provided, wet or undried roots may be [purchased]possessed, sold, or transported[, or exported] only from September 1 through March 15[ and certified roots may be possessed, purchased, sold, transported, or exported throughout the year in accordance with this rule].  Uncertified ginseng plants or roots may be possessed, transported, or sold only by the harvester of the plants or roots and may not be exported from the state. Uncertified ginseng plants or roots may be sold or given away only to the holder of a Missouri ginseng dealer permit. Except as specifically provided in 3 CSR 10-10.800, 3 CSR 10-10.805, and 3 CSR 10-10.810, no person may possess or transport uncertified ginseng plants harvested by another person. The holder of a valid ginseng harvester permit or landowner as prescribed in section (5) of this rule may sell or give away certified ginseng plants or roots to any person throughout the year, but only the plants or roots personally harvested by him/her during the prescribed ginseng harvest season. 

[(2)](3) [Wild and cultivated Missouri ginseng]Ginseng plants or roots exported from the state must be accompanied by a numbered certificate of origin on forms provided by the department. Roots may be imported from other states, territories, or countries and transported within Missouri, but only when possession is accompanied[ with] by the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Uncertified roots that have been received from outside the state must be [returned to that state for certification within thirty (30) days of receipt] reported to a conservation agent immediately upon receipt and disposed of only in accordance with their instructions. Except for uncertified ginseng plants or roots possessed, bought, sold, or obtained in accordance with section (2) of this rule or 3 CSR 10-10.810(2), all ginseng plants or roots possessed, bought, sold, or obtained in Missouri must be accompanied by a numbered certificate of origin on forms provided by the department or the appropriate certification of origin issued by the state, territory, or country the ginseng originated from.  Certificate of origin forms are issued for specific and indivisible weights of ginseng and may be obtained from a conservation agent for a fee of twenty-five dollars ($25) for each certificate issued. Certification fees must be paid prior to the issuance of a certification of origin form.[Uncertified Missouri wild roots may be possessed only from September 1 through March 15.] Certified ginseng plants or roots may be bought, obtained, or possessed without permit by any person throughout the year, except certified ginseng plants and roots may be bought, obtained, or possessed for resale only as specifically authorized by 3 CSR 10-10.800, 3 CSR 10-10.805, and 3 CSR 10-10.810. 

[(3) Any person, group, or business that purchases ginseng roots in Missouri for resale must register annually with the department as a ginseng dealer, and submit quarterly reports of all transactions within fifteen (15) days of the preceding buying period and an annual report of inventory, on forms provided by the department. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Annual registration shall be contingent upon compliance with this rule and receipt of the required reports. All records required by this rule shall be retained for three (3) years.]

(4) [Any person, group or business that purchases ginseng roots in Missouri for resale, but is registered as a ginseng dealer in another state and does not purchase or sell ginseng roots from an address in the state, is not required to register with the department as a ginseng dealer.]Ginseng is designated an endangered species of plant as defined in section 252.240 RSMo and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora."  Ginseng may not be harvested from lands owned or leased by the commission, except by the holder of a Letter of Authorization for Plant Collecting as authorized by 3 CSR 10-11.110 and may not be harvested without the permission of the property owner on all other lands located within Missouri, including those lands owned or controlled by other government entities. Ginseng seeds may be collected without permit from lands other than those owned or leased by the commission when the remainder of the plant or root is not harvested, but only with the permission of the property owner. Legally obtained ginseng seeds may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.

(5)  Resident and nonresident landowners as defined in 3 CSR 10-20.805 may harvest, possess, transport, sell, or export ginseng harvested from the landowner’s qualifying property without a ginseng harvester permit, but only in accordance with sections (1) through (3) of this rule. Landowners selling or giving away uncertified ginseng harvested or possessed in accordance with this section, shall first obtain a landowner harvest authorization number from the department, and shall provide their landowner harvest authorization number to the Missouri ginseng dealer obtaining the ginseng at the time of transfer or sale. 

(6) This rule shall not apply to commercially manufactured food products or dietary supplements containing ginseng as an ingredient, and such items may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 29, 1983, effective Jan. 1, 1984. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will cost public entities a one-time expense of one thousand four hundred ninety-three dollars and seventy-five cents ($1,493.75). 

PRIVATE COST: This proposed amendment will cost private entities two hundred seventy-five dollars ($275) annually in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PUBLIC COST

I.          Department Title: Department of Conservation

Division Title: Title 10 – Conservation Commission

Chapter Title: Chapter 4 – Wildlife Code: General Provisions

Rule Number and Name:3 CSR 10-4.113 Ginseng
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political SubdivisionEstimated Cost of Compliance in the Aggregate
Missouri Department of Conservation$1,493.75 (one-time cost)

III.        WORKSHEET

The department’s permit system vendor estimates it will be a one-time cost of $5,975 for the development of a new template, or changes to the ginseng certification product to allow it to issue a unique permit number for each certification issued. This estimated cost is required for the ginseng certifications required by this rule and the proposed rule 3 CSR 10-10.810. It is estimated that 25% of the certifications completed by conservation agents will be requested by ginseng harvesters to comply with this rule.

$5,975 (total cost to develop a new template in the department’s permit system to complete ginseng certifications) X 25% (number of certifications requested by ginseng harvesters to comply with this rule) = $1,493.75 (one-time cost to comply with this rule) 

  1. ASSUMPTIONS

This estimate assumes that 25% of the ginseng certifications will be requested by ginseng harvesters to comply with this rule. Fiscal impact to certification requirements for Ginseng Dealers are quantified in the fiscal note for the Proposed Rule to 3 CSR 10-10.810. 

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Division 10 - Conservation Commission

Chapter Title: Chapter 4 - Wildlife Code: General Provisions

Rule Number and Title:3 CSR 10-4.113 Ginseng
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Estimated 11 certifications issued for ginseng to Ginseng Harvesters each yearBotanical trade$275 annual aggregate

III.        WORKSHEET

43 (five-year annual average ginseng certification) x 25% (estimated % of certifications issued to Ginseng Harvesters) = 10.75 rounded to nearest whole number = 11 (certifications issued to Ginseng Harvesters)

11 (certifications issued to Ginseng Harvesters) x $25 (cost of certification) = $275 annual aggregate.

  1. ASSUMPTIONS

The previous five-year annual average number of ginseng certifications issued is 43. It is estimated that 75% of these certifications will be requested by Ginseng Dealers and 25% will be requested by Ginseng Harvesters. Fiscal impact to certification requirements for Ginseng Dealers are quantified in the fiscal note for the Proposed Rule to 3 CSR 10-10.810.  Because ginseng certifications are indivisible, the quantity of certifications issued to Ginseng Harvesters has been rounded to the nearest whole number.

 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 4.117: Prohibited Species

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 4—Wildlife Code:  General Provisions

Proposed Amendment

 

 

(2) For the purpose of this rule, prohibited species of wildlife shall include the following:

(C) Fishes: Live fish or viable eggs of black carp (Mylopharyngodon piceus); round goby (Neogobius melanostomus); tubenose goby (Proterorhinus semilunaris); snakehead fish of the genera Channa or Parachanna (or the generic synonyms of Bostrychoides, Ophicephalus, Ophiocephalus, and Parophiocephalus); walking catfish of the family Clariidae; [and]

  (D) Invertebrates: New Zealand mudsnail, Potamopyrgus antipodarum; rusty crayfish, Faxonius rusticus; marbled crayfish, Procambarus virginalis; crayfish of the genus Cherax; electric blue crayfish, Procambarus alleni; mitten crabs of the genus Eriocheir; zebra mussels, Dreissena polymorpha; quagga mussels, Dreissena rostriformis; mystery snails of the genus Cipangopaludina[.]; and

  (E) Reptiles: Italian wall lizard, Podarcis siculus; common wall lizard, Podarcis muralis

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 20, 2005, effective Sept. 30, 2005. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 5.205: Permits Required; Exceptions

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

(2) Any person who harvests, transports, ships, exports, buys, sells, obtains, possesses, or uses ginseng in any manner, or attempts any of these acts, must first obtain the prescribed ginseng harvester or dealer permit, or be exempted under 3 CSR 10-4.113, 3 CSR 10-10.800, or 3 CSR 10-10.810.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 5.215: Permits and Privileges: How Obtained; Not Transferable

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

(2) A permit for the taking of wildlife or the harvest of ginseng may be issued only to an individual and may be used only by the individual to whom it is issued. No permit, application for permit, method exemption, Missouri Conservation Heritage Card, or special hunting or fishing tag may be loaned, predated, falsified, altered, or misrepresented in any manner, except that a Missouri Conservation Heritage Card may be presented by another to purchase permits on behalf of the person named thereon. No firearms hunting permit shall be issued without containing the hunter education certificate card number where applicable.

(3) The acceptance of a permit, [or ]privilege, or method exemption shall constitute an acknowledgement of the duty to comply with the provisions of this Code and to pursue wildlife in a safe manner.[, and a]  All permits and privileges are conditioned upon such compliance.

(5) Permits are nontransferable and are valid from the date of purchase through the last day of February of the prescribed permit year; except the Migratory Bird Hunting Permit, the Resident Ginseng Harvester Permit, the Nonresident Ginseng Harvester Permit, the Resident Trapping Permit, and the Nonresident Furbearer Hunting and Trapping Permit shall be valid through June 30. Except as provided for permits purchased by telephone, no affidavit, receipt, or other document may be issued or used in lieu of the required permit. Temporary permit authorization number(s) allowing immediate use of permit privileges may be provided for permits (except black bear, deer, elk, and turkey permits) purchased through the department’s authorized telephone sales service provider. The temporary permit authorization number(s) and picture identification must be carried at all times while hunting, fishing, or trapping until the actual permit(s) is received. Any permit issued or obtained by false statement or through fraud, or while privileges are revoked or denied by the commission, shall be invalid.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 5.800: Resident Ginseng Harvester Permit

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5 – Wildlife Code: Permits

PROPOSED RULE

To harvest, possess, transport, or sell uncertified ginseng plants or roots personally harvested by the permittee in accordance with 3 CSR 10-4.113, or attempt any of these acts, and to sell or export certified ginseng plants or roots personally harvested by the permittee throughout the year. Fee: twenty dollars ($20).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will have an annual cost of approximately thirty thousand dollars ($30,000) to private entities.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Conservation Commission

Chapter Title: Chapter 5 – Wildlife Code: Permits

Rule Number and Title:3 CSR 10-5.800 Resident Ginseng Harvester Permit. 
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Estimated 1500 individuals that harvest ginsengBotanical trade$30,000 annual 

III.        WORKSHEET

1,500 (estimated number of residents acquiring a permit) x $20 (cost of the permit) = $30,000 annual aggregate. 

  1. ASSUMPTIONS

The assumption that approximately 1,500 residents harvest ginseng was determined by reviewing transaction reports from registered dealers. 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 5.805: Nonresident Ginseng Harvester Permit

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5 – Wildlife Code: Permits

PROPOSED RULE

To harvest, possess, transport, or sell uncertified ginseng plants or roots personally harvested by the permittee in accordance with 3 CSR 10-4.113, or attempt any of these acts, and to sell or export certified ginseng plants or roots personally harvested by the permittee throughout the year. Fee: one hundred fifty dollars ($150).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will cost private entities an annual aggregate estimate of seven thousand five hundred dollars ($7,500). 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Conservation Commission

Chapter Title: Chapter 5 – Wildlife Code: Permits

Rule Number and Title:3 CSR 10-5.805 Non-resident Ginseng Harvester Permit. 
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Estimated 50 individual non-residents that harvest ginsengBotanical trade$7,500 annual aggregate
  1. WORKSHEET

50 (estimate of nonresident permits) x $150 (cost of permit) = $7,500 annual aggregate 

  1. ASSUMPTIONS

We have no data to estimate how many non-resident individuals would purchase a permit. No more than 50 individuals is an estimate provided by field staff that are familiar with non-resident ginseng harvesting. 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 6.415: Restricted Zones

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 6 – Wildlife Code:  Fishing: Seasons, Methods

Proposed Amendment

(1) The following zones are closed to all fishing:

(F) Osage River/Lake of the Ozarks [within five hundred twenty-five feet (525’) on the left descending bank and nine hundred seventy-seven feet (977’) on the right descending bank below Truman Dam in the U.S. Army Corps of Engineers’ restricted zone; and] 

within a boundary beginning from the face of Truman Dam downstream along the left descending bank to the no fishing zone sign at East Bledsoe Ferry Park (U.S. Army Corps of Engineers), across the water in a straight line to the no fishing zone sign at West Bledsoe Ferry Park (U.S. Army Corps of Engineers), upstream along the right descending bank to the face of the Truman Dam, and returning to the point of origin along the face of the Truman Dam in the U.S Army Corps of Engineers’ restricted zone; and

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10-4.115. * Original rule filed June 13, 1994, effective Jan. 1, 1995. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 7.410: Hunting Methods
Summary:

The proposed amendment allows the use of unmanned motor driven air conveyances, commonly referred to as Unmanned Aerial Systems (UAS), Unmanned Aerial Vehicles (UAV), Remotely Piloted Aircraft Systems (RPAS), and drones, for the purpose of locating and recovering wounded black bear, deer, elk, and turkey during the open hunting seasons. 

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

Proposed Amendment

(1) Wildlife may be hunted and taken only in accordance with the following: 

(A) Motor-Driven Air, Land, or Water Conveyances. No person shall pursue, take, attempt to take, drive, or molest wildlife from or with a motor-driven air, land, or water conveyance at any time, except as follows:[. Except as provided in 3 CSR 10-7.431, motor boats may be used if the motor has been completely shut off and its progress therefrom has ceased;]

      1. Motorboats may be used if the motor has been completely shut off and 

      Its progress therefrom has ceased, except as provided in 3 CSR 10-7.431;

2. Unmanned motor-driven air conveyances, commonly referred to as Unmanned Aerial Systems (UAS), Unmanned Aerial Vehicles (UAV), Remotely Piloted Aircraft Systems (RPAS), and drones, may be used to locate and recover wounded black bear, deer, elk, and turkey only in accordance with the following:

A. A black bear, deer, elk, or turkey is wounded when a properly licensed hunter has struck an animal with a projectile fired from a legal hunting method during the open season;

B. Any person operating an unmanned motor-driven air conveyance for the purposes of this paragraph must first obtain permission from the public or private landowner, or their authorized representative, prior to launching or landing a motor-driven air conveyance from or on such landowner’s property. Nothing in this paragraph shall be construed to authorize trespass to locate and recover a wounded animal;

C. No person may possess or control a firearm, bow, or other implement whereby wildlife could be killed or taken while afield, whether acting singly or as one (1) of a group of persons, during times when an unmanned motor driven air conveyance is in flight. This restriction shall not apply to the possession of concealable firearms, as defined in Chapter 571, RSMo, provided such firearms are not used to take wildlife;

D.  Unmanned motor-driven air conveyances shall be operated in a manner that does not harass any wildlife.  For the purposes of this paragraph, harass means to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd or torment. No person, whether acting singly or as one (1) of a group of persons, may pursue or take any wildlife that has been harassed by or with the aid of an unmanned motor-driven air conveyance;

E. The use of an unmanned motor driven air conveyance in accordance with this paragraph is specifically excluded from the definitions of pursue and take as defined in this Code. Operators of unmanned motor driven air conveyances used in the recovery of a wounded animal as prescribed in this paragraph are exempt from hunting permit requirements, provided they are not the taker of the wounded animal;

      (C) Night Vision, Infrared, and Thermal Imagery Equipment. Wildlife may not be pursued or taken with the aid of night vision, infrared or thermal imagery equipment and no person may possess or control night vision, infrared, or thermal imagery equipment while acting singly or as one (1) of a group of persons while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken, except as follows: 

      1. Landowners and their authorized representatives may possess or control and use night vision, infrared, or thermal imagery equipment while in possession of a firearm, bow, or other implement whereby wildlife could be killed or taken on such landowner’s property to kill feral swine. For the purposes of this paragraph, a “landowner” is any person (including residents and non-residents) owning real property of any size and an “authorized representative” is any person who has permission from a landowner to be present on the landowner’s property; 

      2. Hunters properly licensed to take furbearers may possess or control and use night vision, infrared, and thermal imagery equipment to take coyotes from February 1 through March 31, but only in conjunction with other legal hunting methods. The use of night vision, infrared, or thermal imagery equipment to pursue or take coyotes from or with a motor-driven air, land, or water conveyance, or from or across a public roadway is specifically prohibited;

      3. Any person may possess or control and use night vision, infrared, or thermal imagery equipment while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken with written authorization of an agent of the department, but only as specifically authorized by him/her;

      4. An unmanned motor-driven air conveyance equipped with night vision, infrared, or thermal imagery devices may be possessed or controlled while acting singly or as one (1) of a group of persons while in possession of any firearm, bow, or other implement whereby wildlife could be killed or taken, but only as specifically authorized by paragraph (1)(A)2. of this rule for the purpose of locating and recovering wounded black bear, deer, elk, and turkey;

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.*  Original rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 7.431: Deer Hunting Seasons: General Provisions
Summary:

The proposed amendment allows the use of unmanned motor-driven air conveyances to recover wounded deer as specifically authorized by 3 CSR 10-7.410 and fixes an inconsitency betweeen the definition of muzzleloading firearm in 3 CSR 10-20.805 and the muzzleloading methods allowed for deer hunting by subsection (5)(B) of this rule. 

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

Proposed Amendment

(5) Deer Hunting Methods. 

(B) Muzzleloader: muzzleloading firearms as defined in 3 CSR 10-20.805 [or ](including cap-and-ball firearms), .40 caliber or larger[, not capable of being loaded from the breech].

(7) Deer may not be hunted, pursued, taken, or killed –

(C) With the aid of a motor-driven land conveyance or aircraft, except unmanned motor-driven air conveyances may be used to recover wounded deer as specifically authorized by 3 CSR 10-7.410;  

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.*  Original rule filed April 29, 2004, effective May 15, 2004. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10- 7.700: Elk Hunting Seasons: General Provisions
Summary:

The proposed amendment allows the use of unmanned motor-driven air conveyances to recover wounded elk as specifically authorized by 3 CSR 10-7.410.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

Proposed Amendment

(5) Elk may not be hunted, pursued, taken, or killed –

(C) With the aid of a motor-driven land conveyance or aircraft, except unmanned motor-driven air conveyances may be used to recover wounded elk as specifically authorized by 3 CSR 10-7.410;     

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.*  Original rule filed June 28, 2019, effective Dec. 30, 2019. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.705: Commercialization

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 10 – Wildlife Code: Commercial Permits: Seasons, Methods, Limits

Proposed Amendment

(1) Wildlife or ginseng may be bought, sold, offered for sale, exchanged, transported, or delivered only under the conditions of the prescribed permit, or as otherwise provided in this chapter. No affidavit, receipt, or other document may be issued or used in lieu of the required permit. Any permit issued or obtained by false statement or through fraud, or while permits are revoked or denied by the commission, shall be invalid. 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. Hearings under this section shall be contested cases 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)  Permits for commercial wildlife or ginseng may be obtained only upon satisfaction of all requirements imposed by this code, including payment of fees at the time of application.

(3)  No commercial wildlife or ginseng permit, or commercial wildlife or ginseng permit application, may be loaned, falsified, altered, or misrepresented in any manner. 

(4) The acceptance of a permit for commercial wildlife or ginseng shall constitute an acknowledgement of the duty to comply with the provisions of this code.

(5)  Permits for commercial wildlife or ginseng are nontransferable and are valid from July 1 through June 30 of the prescribed permit year. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 18, 1970, effective Dec. 31, 1970. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.707: Resident Fur Dealer’s Permit

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 10—Wildlife Code:  Commercial Permits: Seasons, Methods, Limits

Proposed Amendment

(1) To buy, sell, possess, process, transport, and ship the pelts and carcasses of furbearers and the pelts of bears legally harvested outside of Missouri from July 1 through June 30, except as provided in subsection (1)(B) of this rule. Permits issued to a firm, organization, or partnership for individual or itinerant use shall include the names of no more than four (4) resident users. [Fee: one hundred dollars ($100).]

  1. Annual Permit. Fee: one hundred dollars ($100).
  2. Three- (3-) Day Permit. To buy the pelts and carcasses of furbearers and the pelts of bears legally harvested outside of Missouri for three (3) consecutive days, and to sell, possess, process, transport and ship the pelts and carcasses acquired during the three (3) days indicated on the permit from July 1 through June 30. Fee: fifty dollars ($50).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 16, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE COST: This proposed amendment will cost private entities between five hundred dollars ($500) and two thousand dollars ($2,000) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

 PRIVATE COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 10—Wildlife Code: Commercial Permits: Seasons, Methods, Limits

Rule Number and Name:3 CSR 10-10.707 Resident Fur Dealer’s Permit
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Range of 10 to 40Individuals that may be interested in purchasing a 3-day permit that previously did not purchase an annual permitRange of $500 to $2,000 annually

III.        WORKSHEET

Range Maximum (40)

[40 (number of individuals that previously did not purchase an annual Resident Fur Dealer Permit) X $50 (cost of Resident 3-day Fur Dealer Permit)] = $2,000

Range Minimum (10):

[10 (number of individuals that previously did not purchase an annual Resident Fur Dealer Permit) X $50 (cost of Resident 3-day Fur Dealer Permit)] = $500

  1. ASSUMPTIONS

In consultation with stakeholders, we estimate that potentially 10-40 residents will annually purchase the new permit that previously did not purchase an annual Fur Dealer Permit.

 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.708: Nonresident Fur Dealer’s Permit
Summary:

The proposed amendment establishes a new three-day permit for buying and selling furs for nonresidents. 

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 10—Wildlife Code:  Commercial Permits: Seasons, Methods, Limits

Proposed Amendment

(1) To buy, sell, possess, process, transport, and ship the pelts and carcasses of furbearers and the pelts of bears legally harvested outside of Missouri from July 1 through June 30, except as provided in subsection (1)(B) of this rule. Nonresident fur dealers shall conduct business only at the locations in Missouri specified on the permit, with resident fur dealers at their business location and at established fur auction sites. [Fee: three hundred dollars ($300).]

  1. Annual Permit. Fee: three hundred dollars ($300).
  2. Three- (3-) Day Permit. To buy the pelts and carcasses of furbearers and the pelts of bears legally harvested outside of Missouri for three (3) consecutive days, and to sell, possess, process, transport and ship the pelts and carcasses acquired during the three (3) days indicated on the permit from July 1 through June 30. Fee: one hundred fifty dollars ($150).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* . Original rule filed March 6, 2006, effective Aug. 30, 2006. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE COST: This proposed amendment will cost private entities between five hundred dollars ($500) and two thousand dollars ($2,000) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

 PRIVATE COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 10—Wildlife Code: Commercial Permits: Seasons, Methods, Limits

 

Rule Number and Name:3 CSR 10-10.708 Nonresident Fur Dealer’s Permit
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Range of 5 to 10Individuals that may be interested in purchasing a 3-day permit that previously did not purchase an annual permitRange of $500 to $1,000  annually

III.        WORKSHEET

Range Maximum (10)

[10 (number of individuals that previously did not purchase an annual Nonresident Fur Dealer Permit) X $100 (cost of Nonresident 3-day Fur Dealer Permit)] = $1,000

Range Minimum (5):

[5 (number of individuals that previously did not purchase an annual Nonresident Fur Dealer Permit) X $100 (cost of Nonresident 3-day Fur Dealer Permit)] = $500

  1. ASSUMPTIONS

In consultation with stakeholders, we estimate that potentially 5-10 nonresidents will annually purchase the new permit that previously did not purchase an annual Fur Dealer Permit.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.800: Resident Ginseng Dealer Permit

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10 – Wildlife Code: Commercial Permits: Seasons, Methods, Limits

PROPOSED RULE

To buy, obtain, possess, or transport uncertified ginseng plants or roots harvested by the holder of a Missouri ginseng harvester permit or landowner harvest authorization number in accordance with 3 CSR 10-10.810, and to buy, obtain, possess, or transport certified ginseng plants or roots for the purpose of resale, or attempt any of these acts, and to export certified ginseng plants or roots. Permits issued to a firm, organization, or partnership for individual or itinerate use shall include the names of no more than four (4) resident users.  Commercial establishments buying or obtaining certified ginseng for use as an ingredient in manufactured food products or dietary supplements that will be sold to the general public are excluded from the permit requirement of this rule and 3 CSR 10-10.805.  Fee: one hundred dollars ($100). 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will cost private entities one thousand five hundred dollars ($1,500) annually. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Conservation Commission

Chapter Title: Chapter 10-Wildlife Code: Commercial Permits: Seasons, Methods, Limits

Rule Number and Title:3 CSR 10-10.800 Resident Ginseng Dealer Permit 
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
15 Registered ginseng dealersBotanical trade$1,500 annual aggregate

III.        WORKSHEET

15 (estimated number of registered dealers) x $100 (cost of permit) = $1,500 annual aggregate.

  1. ASSUMPTIONS

There were 15 registered dealers in Missouri as of May 2020. 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.805: Nonresident Ginseng Dealer Permit

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10 – Wildlife Code: Commercial Permits: Seasons, Methods, Limits

PROPOSED RULE

To buy, obtain, possess, or transport uncertified ginseng plants or roots harvested by the holder of a Missouri ginseng harvester permit or landowner harvest authorization number in accordance with 3 CSR 10-10.810, and to buy, obtain, possess, or transport certified ginseng plants or roots for the purpose of resale, or attempt any of these acts, and to export certified ginseng plants or roots. Fee: three hundred dollars ($300).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will cost private entities one thousand five hundred dollars ($1,500) annually. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Conservation Commission

Chapter Title: Chapter 10-Wildlife Code: Commercial Permits: Seasons, Methods, Limits

Rule Number and Title:3 CSR 10-10.805 Nonresident Ginseng Dealer Permit 
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
5 Registered ginseng dealersBotanical trade$1,500 annual aggregate

III.        WORKSHEET

5 (estimated number of nonresident ginseng dealers) x $300 (cost of ginseng dealer permit) = $1,500 annual aggregate

  1. ASSUMPTIONS

Currently, there is only one nonresident Missouri dealer that is registered with MDC.  However, current regulations require that nonresident dealers must only be registered in their home state.  The likely number of nonresident dealers interested in obtaining a Missouri Nonresident Dealer Permit is low due to certification requirements before leaving the state with ginseng.  We estimate there will be 5 nonresident dealers.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-10.810: Ginseng Dealers: Privileges, Record Keeping, Reporting Requirements

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10 – Wildlife Code: Commercial Permits: Seasons, Methods, Limits

PROPOSED RULE

(1)  For the purposes of this Code, the term ginseng dealer(s) shall mean ginseng dealers permitted in Missouri. Ginseng dealers may buy, sell, obtain, possess, transport, import, and export ginseng plants or roots and possess such plants and roots for resale, but only in accordance with this rule, 3 CSR 10-4.113, 3 CSR 10-10.800, and 3 CSR 10-10.805.  Harvested ginseng roots in wet or dry form shall be classified as a product made from an endangered species of plant as defined in 252.240 RSMo and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora.” The acceptance of a ginseng dealer permit shall constitute an acknowledgment that the possession of ginseng roots in any quantity is with the intent to sell a product made from an endangered species of plant. 

(2)  Ginseng dealers may buy, obtain, possess, and transport uncertified ginseng roots from the holder of a valid Missouri ginseng harvester permit or from a landowner with a landowner harvest authorization number in dried form only from September 15 through March 15; provided, wet or undried roots may be bought, obtained, possessed, and transported only from September 1 through March 15. Uncertified harvested ginseng plants or roots may be possessed only from September 1 through March 15.

(3) Certified ginseng plants or roots may be bought, obtained, transported, possessed for sale, exported, or sold by a ginseng dealer throughout the year. Ginseng plants or roots exported from the state by a ginseng dealer must be accompanied by a numbered certificate of origin on forms provided by the department. Roots may be imported from other states, territories, or countries and possessed and transported within Missouri for resale by a ginseng dealer, but only when possession is accompanied by the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Uncertified roots that have been received by a ginseng dealer from outside the state must be reported to a conservation agent immediately upon receipt and disposed of only in accordance with the agent’s instructions. Except for uncertified ginseng plants or roots possessed, bought, sold, or obtained in accordance with section (2) of this rule, all ginseng plants or roots possessed, bought, sold, or obtained by a ginseng dealer must be accompanied by a numbered certificate of origin on forms provided by the department or the appropriate certification of origin issued by the state, territory, or country the ginseng originated from.  Certificate of origin forms are issued for specific and indivisible weights of ginseng and may be obtained from a conservation agent for a fee of twenty-five dollars ($25) for each certificate issued. Certification fees must be paid prior to the issuance of a certification of origin form. 

(4) Each ginseng dealer shall keep an up-to-date, accurate record of all transactions made concerning ginseng plants or roots. For each transaction, the name, address, and permit number and type (if applicable) of the other party to the transaction, landowner harvest authorization number (if applicable), transaction type, weight, and certificate of origin number (if applicable) shall be recorded immediately on a form provided by the department. All such records and ginseng plants or roots shall be made available for inspection by an authorized agent of the department at any reasonable time. All records required by this rule shall be retained for three (3) years.

(5) Each ginseng dealer shall submit quarterly transaction reports and annual inventory reports on forms provided by the department. Printed copies of these forms can be obtained from the Missouri Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org.Quarterly reports shall include all transactions in ginseng roots for the three (3) months preceding January, April, July, and October of the current year and an inventory of all ginseng roots held in storage after March 15. Quarterly reports shall be submitted by the 15th day of January, April, July, and October of the current year, and annual inventory reports shall be submitted by April 1 of the current year.

(6) Permits shall be contingent upon compliance with this rule. Failure to comply with this rule, or to submit quarterly transaction reports or an annual inventory report shall be sufficient cause for the department to revoke the current year’s ginseng dealer permit and deny renewal of the permit for the following year. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed February 23, 2024.

PUBLIC COST: This proposed amendment will cost public entities a one-time expense of four thousand four hundred eighty-one dollars and twenty-five cents ($4,481.25). 

PRIVATE COST: This proposed amendment will cost private entities eight hundred dollars ($800) annually. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PUBLIC COST

I.          Title 3 - Department of Conservation

Title 10 – Conservation Commission

Chapter Title: Commercial Permits: Seasons, Methods, Limits

Rule Number and Name:3 CSR 10-10.810 Ginseng Dealers: Privileges, Record Keeping, Reporting Requirements
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political SubdivisionEstimated Cost of Compliance in the Aggregate

Missouri Department of Conservation

Permit Services

$ 4,481.25 (one-time cost)

III.        WORKSHEET

The department’s permit system vendor estimates it will be a one-time cost of $5,975 for the development of a new template, or changes to the ginseng certification product to allow it to issue a unique permit number for each certification issued. This estimated cost is required for the ginseng certifications required by this rule and 3 CSR 10-4.113. It is estimated that 75% of the certifications completed by conservation agents will be requested by ginseng dealers to comply with this rule.

$5,975 (total cost to develop a new template in the department’s permit system to complete ginseng certifications) X 75% (number of certifications requested by ginseng harvesters to comply with this rule) = $4,481.25 (one-time cost to comply with this rule) 

  1. ASSUMPTIONS

This estimate assumes that 75% of the ginseng certifications will be requested by ginseng dealers to comply with this rule.

 

FISCAL NOTE

PRIVATE COST

  1. Department Title: Department of Conservation

Division Title: Title 10 - Conservation Commission

Chapter Title: Chapter 10 - Wildlife Code: Commercial Permits: Seasons, Methods, Limits

Rule Number and Title:3 CSR 10-10.810 Ginseng Dealers: Privileges, Record Keeping, Reporting Requirements
Type of Rulemaking:Proposed Rule

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Estimated 32 certifications issued for ginseng to Ginseng Dealers each yearBotanical trade$800 annual aggregate

III.        WORKSHEET

43 (five-year annual average ginseng certification) x 75% (estimated % of certifications issued to Ginseng Dealers) = 32.25 rounded to nearest whole number = 32 (certifications issued to Ginseng Harvesters)

32 (certifications issued to Ginseng Harvesters) x $25 (cost of certification) = $800 annual aggregate.

  1. ASSUMPTIONS

The previous five-year annual average number of ginseng certifications issued is 43. It is estimated that 75% of these certifications will be requested by Ginseng Dealers and 25% will be requested by Ginseng Harvesters. Fiscal impact to certification requirements for Ginseng Dealers are quantified in the fiscal note for the Proposed Amendment to 3 CSR 10-4.113.  Because ginseng certifications are indivisible, the quantity of certifications issued to Ginseng Dealers has been rounded to the nearest whole number.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-11.130: Vehicles, Bicycles, Horses, and Horseback Riding

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

PROPOSED AMENDMENT

 

(8) Unmanned motor-driven air conveyances may be used for the recovery of wounded black bear, deer, elk, and turkey as specifically authorized by 3 CSR 10-7.410, but only with prior authorization from a conservation agent. Authorization to use unmanned motor-driven air conveyances on department areas for recovery of wounded animals is at the discretion of the conservation agent, and the locations and times where use is authorized may be restricted to minimize conflicts with resource management activities or public use. Any person using unmanned motor-driven air conveyances in accordance with this section for pay is exempt from the permit requirements of 3 CSR 10-11.111 for commercial use on department areas.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10-4.115. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-11.155: Decoys and Blinds

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for Department Areas

Proposed Amendment

(1) Decoys and blinds are permitted but must be removed from the area daily and may not be left unattended between the hours of 10:00 p.m. and 4:00 a.m., except as otherwise provided in this chapter. Blinds may not be constructed on-site from woody vegetation except for willows (Salicaceae spp.).

(A) The current Upper Mississippi Conservation Area Waterfowl Hunting Information booklet is hereby incorporated in this Code by reference. This booklet is published annually in March by, and a printed copy can be obtained from, the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and is also available online at www.missouriconservation.org. This rule does not incorporate any subsequent amendments or additions.

(B) On those portions of Upper Mississippi Conservation Area designated as restricted waterfowl hunting areas, blind sites shall be designated and allotted through a system of registration and drawing established by the department. No blind drawings will take place after the 2024 drawing. Blinds must be constructed in accordance with specifications, dates, and other requirements as described in the Upper Mississippi Conservation Area Waterfowl Hunting Information booklet. Waterfowl may be taken only from a designated blind except that hunters may retrieve dead birds and pursue and shoot downed cripples. This rule does not apply during the early teal season and the early Canada goose season. On portions of the area designated as open, blinds may be constructed without site restrictions. Blinds or blind sites on both restricted and open portions of the area may not be locked, transferred, rented, or sold. Boats shall not be left overnight at blind sites. Blinds unoccupied at one-half (1/2) hour before legal shooting time may be used by the first hunter to arrive.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Official public comment period: April 2, 2024 to May 1, 2024
3 CSR 10-20.805: Definitions

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 20—Wildlife Code: Definitions

 

PROPOSED AMENDMENT

(47) Nonresident landowner: Any nonresident of Missouri who is the owner of at least seventy-five (75) acres in one (1) contiguous tract in the state of Missouri, or any member of the immediate household whose legal residence and domicile is the same as the nonresident landowner’s for at least thirty (30) days last pastFor the purposes of this definition, settlors, revocable, and permissible distributees are defined as found in Section 456.1-103 of the Revised Statutes of Missouri. In the case of corporate ownership of land or land held in trust, persons defined as nonresident landowners include nonresidents of Missouri who are

  (A) General partners of resident or foreign limited liability partnerships, limited partnerships, or limited liability limited partnerships, and general partners of general partnerships formed by written agreement;

  (B) Officers of resident or foreign corporations;

  (C) Managing members of resident or foreign limited liability companies;

  (D) Officers of benevolent associations organized pursuant to Chapter 352 of the Revised Statutes of Missouri;

  (E) Settlors of a revocable trust;

  (F) Permissible distributees of an irrevocable trust.

(56) Resident Landowner: Any Missouri resident who is the owner of at least five (5) acres in one (1) contiguous tract, or any member of the immediate household whose legal residence or domicile is the same as the landowner’s for at least thirty (30) days last past, except ownership of at least (20) acres in one (1) contiguous tract is required to qualify for resident landowner privileges to hunt bears, deer, elk, and turkey. For the purposes of this definition, settlors, revocable, and permissible distributees are defined as found in Section 456.1-103 of the Revised Statutes of Missouri. In the case of corporate ownership of land or land held in trust, persons defined as resident landowners include residents of Missouri who are

  (A) General partners of resident or foreign limited liability partnerships, limited partnerships, or limited liability limited partnerships, and general partners of general partnerships formed by written agreement;

  (B) Officers of resident or foreign corporations;

  (C) Managing members of resident or foreign limited liability companies;

  (D) Officers of benevolent associations organized pursuant to Chapter 352 of the Revised Statutes of Missouri;

  (E) Settlors of a revocable trust;

  (F) Permissible distributees of an irrevocable trust.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* This rule previously filed as 3 CSR 10- 11.805. Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.

PUBLIC ENTITY COST: This proposed amendment will cost state agencies or political subdivisions an estimated eleven thousand three hundred fifty-six dollars ($11,356) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will cost private entities an estimated fourteen thousand seven hundred fifty-three dollars ($14,753) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PUBLIC COST

I.          Department Title: Department of Conservation

Division Title: Title 10 – Conservation Commission

Chapter Title: Chapter 20 Definitions

Rule Number and Name:3 CSR 10-20.805 Definitions
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political SubdivisionEstimated Cost of Compliance in the Aggregate
Missouri Department of Conservation$11,356 (annual lost revenue in permit sales)

III.        WORKSHEET

Qualifying Nonresident (NR) Landowners are eligible to receive deer and turkey hunting permits for hunting on their property for a reduced fee as compared to other NR deer and turkey hunters. Changing the NR Landowner definition to include land held in trust and corporate ownership is expected to increase the number of NR landowner permits sold; however, because of the reduced fee for NR landowner permits, it is expected to result in a decrease in permit revenue to the department (see below assumptions).

Based upon an analysis of NR landowner permit sales between 2020 and 2023, information gathered during post-season NR landowner permit au           dits/verifications since 2020, and requests from the public to modify the NR landowner definition to include land held in trust and corporate ownership, the Department estimates a 10% increase to the number of NR landowner deer and turkey hunting permits sold from the pool of hunters that were already obtaining NR deer and turkey hunting permits. 

$6,720 (Estimated lost revenue - NR Firearm Any Deer Permit sales) + $2,940 (Estimated lost revenue - NR Archers Permit sales) + $1,534 (Estimated lost revenue - NR Spring Turkey Hunting Permit sales) + $162 (Estimated lost revenue – NR Fall Turkey Hunting Permit sales) = $11,356 (Annual lost revenue in permit sales/estimated cost of compliance)

The following data and calculations were used to determine the above estimated cost of compliance:

Permit TypeNR Permit FeeNR Landowner Permit FeePermit Fee Difference
Firearms Any-Deer$265$195$70
Archers Hunting$265$195$70
Spring Turkey $224$165$59
Fall Turkey$150$96$54

NR Landowner Permit 

Type

# Permits Issued in 2023Estimated % Increase to NR Landowner Permits IssuedEstimated Increase NR Landowner Permits Issued
Firearms Any-Deer95910%96
Archers Hunting42210%42
Spring Turkey 26010%26
Fall Turkey2710%3

 $70 (Permit fee difference between a NR Firearm Any-Deer Hunting Permit and a NR Firearm Landowner Any-Deer Permit) X 96 (Estimated increase of NR Landowner Any-Deer Permits issued) = $6,720 (Estimated lost revenue - NR Firearm Any Deer Permit Sales)

$70 (Permit fee difference between a NR Archers Hunting Permit and a NR Landowner Archers Hunting Permit) X 42 (Estimated increase of NR Landowner Archers Permits issued) = $2,940 (Estimated lost revenue - NR Archers Permit sales)

$59 (Permit fee difference between a NR Spring Turkey Hunting Permit and a NR Landowner Spring Turkey Hunting Permit) X 26 (Estimated increase of NR Landowner Spring Turkey Hunting Permits issued) = $1,534 (Estimated lost revenue – NR Spring Turkey Hunting Permit sales)

$54 (Permit fee difference between a NR Fall Turkey Hunting Permit and a NR Landowner Fall Turkey Hunting Permit) X 3 (Estimated increase of NR Landowner Fall Turkey Hunting Permits issued) = $162 (Estimated lost revenue – NR Fall Turkey Hunting Permit sales)

  1. ASSUMPTIONS

The estimate assumes the following: 

 

FISCAL NOTE

PRIVATE COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title:  Chapter 20 Definitions

Rule Number and Name:3 CSR 10-20.805 Definitions
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the rule:Classification by types of business entities which would likely be affected: Estimated in the aggregate as to the cost of compliance with the rule by the affected entities:
83 NR Deer and Turkey HuntersNew NR Landowner Deer and Turkey Hunters$14,753 (annual NR Landowner Permit Fees)

III.        WORKSHEET

Qualifying Nonresident (NR) Landowners are eligible to receive deer and turkey hunting permits for hunting on their property for a reduced fee as compared to other NR deer and turkey hunters. Changing the NR Landowner definition to include land held in trust and corporate ownership is expected to increase the number of NR landowner permits sold to new NR deer and turkey hunters.

Based upon an analysis of NR landowner permit sales between 2020 and 2023, information gathered during post-season NR landowner permit audits/verifications since 2020, and requests from the public to modify the NR landowner definition to include land held in trust and corporate ownership, the Department estimates a 5% increase to the number of NR landowner deer and turkey hunting permits that will be sold to new NR deer and turkey hunters. 

$9,360 (NR Landowner Firearm Any Deer Permit fees) + $4,095 (NR Landowner Archers Permit fees) + $1,248 (NR Landowner Spring Turkey Hunting Permit fees) + $54 (NR Fall Turkey Hunting Permit fees) = $14,753 (Annual NR Landowner Permit Fees/estimated cost of compliance)

The following data and calculations were used to determine the above estimated cost of compliance:

Permit TypeNR Landowner Permit Fee
Firearms Any-Deer$195
Archers Hunting$195
Spring Turkey $165
Fall Turkey$96

NR Landowner Permit 

Type

# Permits Issued in 2023Estimated % Increase to NR Landowner Permits IssuedEstimated Increase NR Landowner Permits Issued
Firearms Any-Deer9595%48
Archers Hunting4225%21
Spring Turkey 2605%13
Fall Turkey275%1

 $195 (NR Firearm Landowner Any-Deer Permit Fee) X 48 (Estimated increase of NR Landowner Any-Deer Permits issued) = $9,360 (NR Landowner Firearm Any Deer Permit fees)

$195 (NR Landowner Archers Hunting Permit Fee) X 21 (Estimated increase of NR Landowner Archers Permits issued) = $4,095 (NR Landowner Archers Permit fees)

$96 (Permit fee difference between a NR Spring Turkey Hunting Permit and a NR Landowner Spring Turkey Hunting Permit) X 13 (Estimated increase of NR Landowner Spring Turkey Hunting Permits issued) = $1,248 (NR Landowner Spring Turkey Hunting Permit fees)

$54 (Permit fee difference between a NR Fall Turkey Hunting Permit and a NR Landowner Fall Turkey Hunting Permit) X 1 (Estimated increase of NR Landowner Fall Turkey Hunting Permits issued) = $54 (NR Landowner Fall Turkey Hunting Permit fees)

IV.       ASSUMPTIONS 

The estimate assumes the following: 

  • Five percent of the estimated increase to the number of NR landowner permits will be issued to new NR deer and turkey hunters. 
  • The number of NR landowner permits sold will stabilize after the first year the rule goes into effect.
  • All calculations in data tables are rounded to the nearest whole number.
Official public comment period: April 2, 2024 to May 1, 2024
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