Mo. Code Regs. tit. 3 § 10-7.410
Current through Register Vol. 49, No. 9, May 1, 2024
Section 3 CSR 10-7.410 - Hunting MethodsPURPOSE: This amendment adds the new CWD portion of firearms deer season to the Special Harvest Provision section, which restricts the use of methods allowed to hunt other wildlife and to take feral hogs in open counties. This amendment also requires hunters to wear hunter orange during the new CWD portion of firearms deer season in open counties and clarifies the use of a blood-tracking dog for the recovery of wounded black bear, deer, elk, and turkey.
(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 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.(B) Artificial Light. No person shall throw or cast the rays of a spotlight, headlight, or other artificial light on any highway or roadway, whether public or private, or in any field, woodland, or forest for the purpose of spotting, locating, or attempting to take or hunt any game animal while having in possession or control, either singly or as one (1) of a group of persons, any firearm, bow, or other implement whereby game could be killed or taken, except as follows: 1. An artificial light may be used to spot, locate, attempt to take, and hunt raccoons or other furbearing animals when treed with the aid of dogs while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken during the prescribed furbearer hunting season;2. An artificial light may be used to spot, locate, attempt to take, and hunt coyotes while in possession or control of a firearm, bow, or other implement whereby any game animal could be killed or taken from February 1 through March 31, but only in conjunction with other legal hunting methods, and not from or with any motor-driven air, land, or water conveyance or from or across a public roadway;(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;(D) Dogs. Dogs may be used during the prescribed open seasons to chase, pursue, or take wildlife (except beavers, black bears, deer, elk, mink, muskrats, river otters, and turkeys). All dogs used to hunt, chase, or pursue wildlife shall wear a collar while hunting that contains the full name and address, Conservation Number, or complete telephone number of the owner, except this provision does not apply to dogs used by waterfowl and game bird hunters. Furbearers, squirrels, and rabbits may not be chased, pursued, or taken with dogs during daylight hours of the November portion of the firearms deer season in Butler, Carter, Dent, Iron, Madison, Oregon, Reynolds, Ripley, Shannon, and Wayne counties or during daylight hours of the firearms portion of the elk season in Carter, Reynolds, and Shannon counties;(E) Dogs (Training). For training dogs, wildlife (except beavers, black bears, deer, elk, mink, muskrats, river otters, and turkeys) may be chased, but not captured or killed. No person, acting singly or as one (1) of a group, may possess or use a firearm while training dogs during the closed seasons, except that a pistol with blank ammunition may be used during daylight hours only. Training dogs shall include any act of allowing dogs to chase wildlife or to teach dogs to hunt wildlife;(F) Dogs (Recovery of wounded black bear, deer, elk, and turkey). 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. Leashed dogs under the direct control of a dog handler may be used to track and recover wounded black bear, deer, elk, and turkey. The use of dogs in accordance with this subsection is specifically excluded from the definitions of chase, pursue, and take as defined in this Code. Dog handlers participating in the recovery of a wounded animal as prescribed in this subsection are exempt from hunting permit requirements, provided they are not the taker of the wounded animal. Dog handlers assisting in the tracking and recovery of a wounded animal may not possess a firearm, bow, or crossbow, except for concealable firearms as defined in Chapter 571, RSMo. Concealable firearms possessed under this exception may not be used to take wildlife.(G) Falconry. Birds of prey of designated types may be used to pursue and take wildlife within the specified seasons and bag limits. Birds of prey may be possessed or used only by holders of a falconry permit;(H) Firearms. Firearms may be used to take wildlife (except beavers, mink, muskrats, river otters, turtles, and fish) during the open seasons, with the following limitations: For hunting game birds (except crows), pistols, revolvers, and rifles may not be used. Except for hunting black bears, deer, and elk, any shotgun having a capacity of more than three (3) shells must have the magazine cut of or plugged with a device incapable of removal through the loading end, so as to reduce the capacity to not more than three (3) shells in magazine and chamber combined. Fully automatic firearms are prohibited;(I) Special firearms provision. During the November portion and the antlerless and CWD portions of the firearms deer season in counties open to deer hunting, other wildlife may be hunted and feral hogs may be taken only with a pistol, revolver, or rifle firing a rimfire cartridge .22 caliber or smaller or a shotgun and shot not larger than No. 4, except that waterfowl hunters, trappers, landowners on their land may use other methods as specified in subsection (1)(H) of this rule;(J) Bows, crossbows, and atlatl. Bows, crossbows, and atlatl may be used to take wildlife during the prescribed hunting seasons. Arrows, bolts, and darts containing any drug, poison, chemical, or explosive are prohibited, but illuminated sights, scopes, and quick point sights may be used. Hand-held string releasing mechanisms are permitted with bows;(K) Slingshot. Slingshots may be used to take wildlife (except black bears, deer, elk, and turkeys) during the prescribed hunting seasons;(L) Cage-type trap. Groundhogs, rabbits, and squirrels may be taken by cage-type trap, the opening of which may not exceed one hundred forty-four (144) square inches, during the open hunting season, at any hour, by the holder of a hunting permit. Cage-type traps shall be plainly labeled on a durable material with the user's full name and address, or Conservation Number, and shall be attended daily;(M) Electronic calls. Electronic calls may be used to pursue and take crows and furbearers, but without the aid of an artifcial light or night vision, infrared, or thermal imagery equipment, except when pursuing or taking coyotes in accordance with paragraphs (1)(B)2. and (1)(C)2. of this section. Electronic calls or electronically-activated calls may not be used or possessed while hunting other species of wildlife except as specifically authorized;(N) No person shall place or scatter grain or other food items in a manner that subjects any hunter to violation of baiting rules, as defined by federal regulations and in 3 CSR 10-7.431, 3 CSR 10-7.455, 3 CSR 10-7.700, and CSR 10-7.900 of this Code;(O) Wildlife retrieval. Any person while hunting who kills or injures any wildlife shall make a reasonable search to retrieve the wildlife and take it into his/her possession; however, this does not authorize trespass;(P) Any properly licensed person with disabilities, as defined in this Code, may hunt and take wildlife from a stationary vehicle, provided while hunting s/he carries a physician's statement provided by the department and signed by a licensed physician which certifies the person has either a permanent or temporary disability which qualifies him/her to hunt from a stationary vehicle. Printed copies of the physician's statement form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. This disabled person shall provide a copy of the signed physician's statement to the department within ten (10) days of receiving the exemption;(Q) Any resident of Missouri under the age of eighteen (18) diagnosed with a terminal illness may use a firearm or approved method for the season to hunt and take one (1) deer and one (1) turkey during any portion of the fall firearms or archery seasons on privately-owned land upon receipt of a method exemption. To receive a method exemption, the person must be sponsored by and participate in a hunt organized by a nonprofit charitable organization that has within its mission to provide opportunities and experiences for terminally ill persons. For purposes of this section, "terminal illness" means an incurable or irreversible condition with a corresponding life expectancy that does not exceed twelve (12) months, which has been documented by a licensed physician. Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. A method exemption shall be issued only once to an individual and will only be valid during the designated seasons within a twelve-(12-) month period;(R) Hunter orange. During the antlerless, youth, November, and CWD portions of the firearms deer hunting season, all hunters shall wear a cap or hat and a shirt, vest, or coat having the outermost color commonly known as hunter orange, which shall be plainly visible from all sides while being worn. Camouflage orange garments do not meet this requirement. This requirement shall not apply to migratory game bird hunters, to hunters using archery methods while hunting within municipal boundaries where discharge of firearms is prohibited, to hunters on federal or state public hunting areas where deer hunting is restricted to archery methods, or to hunters in closed counties during the antlerless and CWD portions of the firearms deer hunting season;(S) Computer-assisted remote hunting. Except as otherwise permitted in this Code, wildlife may be taken only in the immediate physical presence of the taker and may not be taken by use of computer-assisted remote hunting devices; and(T) Wildlife may not be hunted, pursued, or taken with the use of poisons or tranquilizing drugs. AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed July 22, 1974, effective Dec. 31, 1974. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Amended: Filed Aug. 1, 1980, effective Jan. 1, 1981. Amended: Filed June 29, 1981, effective Oct. 11 , 1981. Amended: Filed July 27, 1982, effective Jan. 1, 1983. Amended: Filed Aug. 1, 1983, effective Jan. 1, 1984. Amended: Filed Aug. 3, 1984, effective Jan. 1, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed July 30, 1987, effective Jan. 1, 1988. Amended: Filed Aug. 9, 1988, effective Jan. 1, 1989. Amended: Filed May 10, 1990, effective Jan. 1, 1991. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed Oct. 2, 1992, effective April 8, 1993. Amended: Filed April 21, 1993, effective Jan. 1, 1994. Amended: Filed April 27, 1994, effective Jan. 1, 1995. Amended: Filed July 6, 1994, effective Jan. 1, 1995. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. Amended: Filed June 27, 1996, effective March 1, 1997. Amended: Filed June 11 , 1997, effective March 1, 1998. Amended: Filed April 24, 2000, effective March 1, 2001. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed May 9, 2003, effective Oct. 30, 2003. Amended: Filed Oct. 9, 2003, effective March 30, 2004. Amended: Filed July 16, 2004, effective Dec. 30, 2004. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed April 20, 2005, effective Sept. 30, 2005. Amended: Filed June 8, 2005, effective Nov. 30, 2005. Amended: Filed Dec. 20, 2005, effective May 30, 2006. Amended: Filed Oct. 2, 2006, effective Feb. 28, 2007. Amended: Filed Oct. 10, 2008, effective April 30, 2009. Amended: Filed March 23, 2009, effective March 1, 2010. Amended: Filed April 19, 2010, effective Sept. 30, 2010. Amended: Filed Sept. 30, 2010, effective March 1, 2011 . Amended: Filed Sept. 12, 2011 , effective March 1, 2012. Amended: Filed Sept. 27, 2013, effective March 1, 2014. Amended by Missouri Register January 15, 2016/Volume 41, Number 02, effective 3/1/2016Amended by Missouri Register August 1, 2016/Volume 41, Number 15, effective 9/30/2016Amended by Missouri Register June 15, 2018/Volume 43, Number 12, effective 7/31/2018Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 3/1/2019Amended by Missouri Register January 15, 2020/Volume 45, Number 2, effective 2/29/2020Amended by Missouri Register October 15, 2020/Volume 45, Number 20, effective 11/30/2020Amended by Missouri Register May 3, 2021/Volume 46, Number 09, effective 6/30/2021Amended by Missouri Register April 17, 2023/Volume 48, Number 8, effective 5/31/2023*Original authority: 252.240, RSMo 1972, amended 1984.
Op. Atty. Gen. No. 5, Turner (11-6-69). It is within the authority of the Conservation Commission to promulgate rules regarding the method and manner taking all wildlife, including predatory animals.