Mo. Code Regs. tit. 3 § 10-7.431

Current through Register Vol. 47, No. 1, January 3, 2022
Section 3 CSR 10-7.431 - Deer Hunting Seasons: General Provisions

PURPOSE: This amendment simplifies the Wildlife Code by eliminating unnecessary verbiage. Due to confusion regarding eligibility for no-cost permits and challenges faced with enforcement of the current regulation, the Department of Conservation will no longer offer lessees the same privileges as landowners.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The current Fall Deer & Turkey Hunting Regulations and Information booklet is hereby incorporated in this Code by reference. This booklet is published annually in August 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.
(2) Deer shall mean white-tailed deer and mule deer. Antlered deer shall mean deer with at least one (1) antler at least three inches (3") long, except as provided in 3 CSR 10-7.435. Deer may be pursued, taken, killed, possessed, or transported only as permitted in this Code.
(3) Persons hunting or pursuing deer must possess a prescribed deer hunting permit. Resident landowners can qualify for no-cost permits.
(4) Deer may be pursued or taken only from one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset.
(5) Deer Hunting Methods.
(A) Archery: longbows, recurve bows, compound bows, crossbows, and atlatl.
(B) Muzzleloader: muzzleloading or cap-and-ball firearms, .40 caliber or larger, not capable of being loaded from the breech.
(C) Any legal method: archery and muzzleloader methods; atlatl; shotguns; handguns or rifles firing expanding-type centerfire ammunition; and air-powered guns, .40 caliber or larger, charged only from an external high compression power source (external hand pump, air tank, or air compressor).
(D) Prohibited, in use or possession:
1. Methods restricted by local ordinance;
2. Self-loading firearms with capacity of more than eleven (11) cartridges in magazine and chamber combined with the exception of concealable firearms, as defined in Chapter 571, RSMo. Firearms possessed under this exception may not be used to take wildlife while deer hunting.;
3. Ammunition propelling more than one (1) projectile at a single discharge, such as buckshot;
4. Full hard metal case projectiles;
5. Fully automatic firearms; and
6. Electronic calls or electronically activated calls.
(6) A person may take only two (2) antlered deer during the archery and firearms deer hunting seasons combined, with no more than one (1) antlered deer taken during the firearms deer season. Only one (1) antlered deer may be taken during the archery deer season prior to the November portion of the firearms deer hunting season. Deer taken at managed deer hunts are not included in this limit.
(7) Deer may not be hunted, pursued, taken, or killed-
(A) While in a stream or other body of water;
(B) From a boat with a motor attached;
(C) With the aid of a motor-driven land conveyance or aircraft;
(D) With the aid of dogs, in use or possession;
(E) With the aid of artificial light or night vision equipment;
(F) Within any area enclosed by a fence greater than seven feet (7') in height that could contain or restrict the free range of deer. Exceptions are provided in other rules or by written authorization of the director; and
(G) With the aid of bait (grain or other feed placed or scattered so as to constitute an attraction or enticement to deer). Scents and minerals, including salt, are not regarded as bait; however, mineral blocks with food additives are prohibited. An area is considered baited for ten (10) days following complete removal of bait. A person shall be in violation of this provision if they take or attempt to take deer by the aid of bait, where the person knows or reasonably should know the area is or has been baited. It is illegal to place bait in a way that causes others to be in violation of the baiting rule.
(8) During the firearms deer hunting season and during managed firearms deer hunts on those areas where such hunts are held, all persons hunting any game, and also adult mentors accompanying them, must wear a cap or hat and a shirt, vest, or coat of the color commonly known as hunter orange, which must be plainly visible from all sides. Camouflage orange garments do not meet this requirement. The following are exempt from this requirement:
(A) Migratory game bird hunters;
(B) Archery permittees during the alternative methods portion;
(C) All hunters in counties closed during the antlerless portion;
(D) Hunters using archery methods while hunting within municipal boundaries where discharge of firearms is prohibited;
(E) Hunters on federal or state public hunting areas and during managed hunts where deer hunting is restricted to archery methods; and
(F) Hunters of small game and/or furbearers during the alternative methods portion.
(9) Hunters who kill or injure a deer must make a reasonable effort to retrieve and tag it, but this does not authorize trespass.
(10) Hunters who take a deer shall void their permit immediately by notching the month and date of harvest and shall keep the deer separate or distinctly identifiable from deer taken or possessed by another. When the deer is not personally attended and prior to reporting through the Telecheck Harvest Reporting System, the voided permit or proper label shall be attached to the deer. Deer may be possessed and transported only by the taker until reported through the Telecheck Harvest Reporting System. All deer taken shall be accurately reported by the taker or in the taker's immediate presence through the Telecheck Harvest Reporting System by 10:00 p.m. on the day taken. The Telecheck confirmation number shall be recorded immediately on the deer hunting permit. The deer shall remain intact or as a field-dressed carcass until the deer is reported through the Telecheck Harvest Reporting System. All deer shall be reported through the Telecheck Harvest Reporting System prior to processing or being removed from the state. After reporting through the Telecheck Harvest Reporting System, deer may be possessed, transported, and stored by anyone when labeled with the permit or any label that includes the full name and address of the taker, date taken, and Telecheck confirmation number.
(11) Deer (or parts thereof) reported in accordance with established procedures, when labeled with the full name and address of the taker, the date taken, and the Telecheck confirmation number of the deer, may be possessed, transported, and stored by anyone. Commercially processed deer meat may be donated to not-for-profit charitable organizations under guidelines established by the director.

3 CSR 10-7.431

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 29, 2004, effective May 15, 2004. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed June 8, 2005, effective July 15, 2005. Amended: Filed May 23, 2006, effective July 1, 2006. Amended: Filed May 21, 2007, effective July 1, 2007. Amended: Filed Aug. 14, 2007, effective Jan. 30, 2008. Amended: Filed Sept. 27, 2007, effective Feb. 29, 2008. Amended: Filed Oct. 10, 2008, effective April 30, 2009. 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 May 25, 2012, effective Oct. 30, 2012. Amended: Filed Dec. 19, 2012, effective May 30, 2013. Amended: Filed Sept. 27, 2013, effective March 1, 2014.
Amended by Missouri Register June 15, 2015/Volume 40, Number 12, effective 7/31/2015
Amended by Missouri Register January 15, 2016/Volume 41, Number 02, effective 3/1/2016
Amended by Missouri Register July 3, 2017/Volume 42, Number 13, effective 6/1/2017
Amended by Missouri Register October 2, 2017/Volume 42, Number 19, effective 11/30/2017
Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 3/1/2019

*Original authority: 252.240, RSMo 1972, amended 1984.