Mo. Code Regs. tit. 3 § 10-9.353
Current through Register Vol. 49, No. 11, June 3, 2024
Section 3 CSR 10-9.353 - Privileges of Class I and Class II Wildlife BreedersPURPOSE: The amendments to this rule clarify the requirements for holding wildlife in confinement and improve the organization of Chapter 9 of the Wildlife Code; modify the privileges of Class II wildlife breeders related to black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves to prohibit the addition of new animals to Class II breeding operations currently holding these species; removes the permit exemption for non-residents exhibiting wildlife at special events; and removes the wildlife exhibition privilege (excluding gamebirds, amphibians, reptiles, and at consignment sales) from the privileges granted to Class I and Class II wildlife breeders. This rule establishes privileges and requirements for wildlife breeders. It has been reorganized from an older version to provide better organization and understanding, and to clarify that migratory waterfowl may be reared and held in captivity as provided in federal regulations but that such waterfowl may only be hunted as provided in 3 CSR 10-9.625 of this Code. It also removes permit exemptions, which have been moved to 3 CSR 109.350 and 3 CSR 10-9.351. Finally, it moves all provisions related to cervids to the new Class III wildlife breeder privileges section at 3 CSR 10-9.354.
(1) Class I and Class II wildlife as defined in 3 CSR 10-9.230 and 3 CSR 10-9.240, may be held in confinement by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location indicated on the permit. Class I wildlife may also be propagated or reared at a specific location listed on the permit, and Class I and Class II gamebirds, amphibians, and reptiles may be propagated, reared, or exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at a specific location listed on the permit. Applicants for a Class II Wildlife Breeder permit must qualify by passing with a score of at least eighty percent (80%) on a written examination provided by the department.(2) Such wildlife may be possessed, used, sold, given away, transported, or shipped; provided, the provisions of 3 CSR 10-9.223 are followed and that state and federally-designated endangered species may not be sold without the written approval of the director; that black bears and black bear-hybrids, mountain lions and mountain lionhybrids, and wolves may not be sold or given away to the holder of a Class II wildlife breeder permit; and that wildlife may be sold or given away only to the holder of the appropriate permit, where required, except as provided in section (5) of this rule.(3) A permit may be granted after satisfactory evidence by the applicant that stock will be secured from a legal source other than the wild stock of this state; that the applicant will confine the wildlife in humane and sanitary facilities that meet standards specified in 3 CSR 10-9.220; and that the applicant will prevent other wildlife of the state from becoming a part of the enterprise.(4) Cities, towns, and counties may establish ordinances further restricting or prohibiting ownership of Class II wildlife, with approval of the department. In instances where prohibitions apply, no permit will be issued by the department. Persons possessing Class II wildlife must comply with all requirements of section 578.023, RSMo.(5) Wildlife, except skunks, foxes, coyotes, and raccoons may be shipped, transported, or consigned to a wildlife breeder by nonresidents without a Missouri wildlife breeder permit, but that wildlife shall be accompanied by appropriate permit or other proof of legality in the state of origin. Persons purchasing wildlife at consignment sales shall obtain a wildlife hobby or appropriate wildlife breeder permit prior to the purchase, except nonresidents may possess and transport purchased wildlife without permit for forty-eight (48) hours following close of the sale.(6) Notification of the date and place of any public sale of consigned wildlife shall be provided to the conservation agent of the county in which the sale will be held not less than thirty (30) days prior to the sale.(7) All black bears and black bear-hybrids, mountain lions and mountain lion-hybrids, and wolves defined as Class II wildlife in 3 CSR 10-9.240 and introduced into a Class II wildlife breeder operation and/or currently held under such permit are subject to the following requirements: (A) Animals shall be permanently tagged or marked with an identification number via a subcutaneous microchip Passive Integrated Transponder tag (PIT tag) provided by the department implanted along the animal's back between the shoulder blades, which uniquely identifies each individual animal;(B) A blood or tissue sample sufficient for DNA analysis for each animal shall be submitted to the department upon request; and(C) The holder of a Class II wildlife breeder permit shall report the death, sale, or transfer of any animal within three (3) days to a conservation agent, including the identification number from the animal's subcutaneous microchip. Microchips shall not be reused in other animals.(8) The holder of a Class I or Class II wildlife breeder permit may exhibit wildlife at the locations of wildlife consignment sales for the purpose of sale. Class I and Class II gamebirds, amphibians, and reptiles may be exhibited by the holder of the appropriate Class I or Class II wildlife breeder permit at locations other than those listed on the permit.(9) Any sale, shipment, or gift of wildlife by a Class I or Class II wildlife breeder shall be accompanied by a written statement giving the breeder permit number and showing the number of each species and the name and address of the recipient.(10) The holder of a Class I wildlife breeder permit may sell legally acquired game bird eggs or dressed or processed quail, pheasants, and partridges at retail and to commercial establishments under provisions of 3 CSR 10-10.743, provided all sales are accompanied by a valid invoice, and the required records are maintained by the wildlife breeder.(11) No Class I or II wildlife may be liberated unless specific permission has been granted on written application to the conservation agent in the county where the release is to be made. AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* This rule was previously filed as 3 CSR 10-10.755. Original rule filed Aug. 18, 1970, effective Dec. 31, 1970. Amended: Filed July 20, 1977, effective Jan. 1, 1978. Amended: Filed May 22, 1978, effective Sept. 15, 1978. Amended: Filed Feb. 28, 1980, effective June 12, 1980. Amended: Filed Aug. 29, 1980, effective Jan. 1, 1981. Amended: Filed April 6, 1981, effective July 11 , 1981. Amended: Filed July 31, 1981, effective Jan. 1, 1982. Amended: Filed July 27, 1982, effective Jan. 1, 1983. Amended: Filed Nov. 28, 1983, effective April 12, 1984. Amended: Filed Aug. 3, 1984, effective Jan. 1, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed Aug. 7, 1986, effective Jan. 1, 1987. Emergency amendment filed Nov. 2, 1992, effective Jan. 1, 1993, expired Feb. 26, 1993. Amended: Filed June 2, 1992, effective Feb. 26, 1993. Amended: Filed June 9, 1993, effective Jan. 31, 1994. Amended: Filed April 27, 1994, effective Jan. 1, 1995. Amended: Filed Sept. 29, 1994, effective July 1, 1995. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed June 5, 1996, effective Dec. 30, 1996. Amended: Filed June 11 , 1997, effective March 1, 1998. Amended: Filed May 6, 1998, effective March 1, 1999. Emergency amendment filed March 11 , 2002, effective March 21, 2002, terminated Aug. 27, 2002. Amended: Filed March 11 , 2002, effective July 30, 2002. Emergency amendment filed Aug. 14, 2002, effective Aug. 24, 2002, expired Feb. 10, 2003. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed Aug. 14, 2002, effective March 30, 2003. Amended: Filed Dec. 30, 2003, effective May 30, 2004. Amended: Filed Aug. 30, 2004, effective Jan. 30, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Rescinded and readopted: Filed Oct. 2, 2006, effective March 30, 2007. Amended: Filed March 19, 2007, effective April 1, 2007. Amended: Filed Sept. 27, 2007, effective Feb. 29, 2008. Amended: Filed Oct. 10, 2008, effective April 30, 2009. Amended: Filed March 23, 2009, effective March 1, 2010. Amended: Filed Sept. 25, 2009, effective March 1, 2010. Amended: Filed March 12, 2010, effective Aug. 30, 2010. Amended by Missouri Register December 1, 2014/Volume 39, Number 23, effective 1/29/2015Amended by Missouri Register June 15, 2015/Volume 40, Number 12, effective 7/31/2015Amended by Missouri Register August 17, 2020/Volume 45, Number 16, effective 9/30/2020Amended by Missouri Register July 1, 2021/Volume 46, Number 13, effective 8/31/2021*Original authority: 252.240, RSMo 1972, amended 1984.