Mo. Code Regs. tit. 3 § 10-9.565

Current through Register Vol. 49, No.12, June 17, 2024

Section 3 CSR 10-9.565 - Licensed Hunting Preserve: Privileges

PURPOSE: This amendment clarifies the transportation sticker fee for individuals operating under a Licensed Hunting Preserve Permit. This amendment also increases the leg seals and transportation sticker fee for individuals operating under a Licensed Hunting Preserve Permit to reflect a more current cost adjustment based on changes in the Consumer Price Index.

(1) Licensed hunting preserves are subject to inspection by an agent of the department at any reasonable time. Animal health standards and movement activities shall comply with all state and federal regulations. Any person holding a licensed hunting preserve permit may release on his/her licensed hunting preserve only legally obtained and captive-reared: pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed animals) specifically authorized by the Approved Confined Wildlife Species List in 3 CSR 10-9.105(7) for game bird hunting preserves and big game hunting preserves for hunting throughout the year, under the following conditions:

(A) Game Bird Hunting Preserve.

1. A game bird hunting preserve shall be a single body of land not less than one hundred sixty (160) acres and no more than six hundred forty (640) acres in size. Game bird hunting preserves may be dissected by public roads, and shall be posted with signs specified by the department.

2. Only legally obtained and captive-reared: pheasants, exotic partridges, quail, and mallard ducks may be used on game bird hunting preserves.

3. Permits for game bird hunting preserves will not be issued-

A. For areas within five (5) miles of any location where there is an ongoing department game bird release program or where the most recent release of department game birds has been made less than five (5) years prior to receipt of the application;

B. In any location where those activities are considered by the department as likely to further jeopardize any species currently designated by Missouri or federal regulations as threatened or endangered wildlife; and

C. For preserves using captive-reared mallard ducks, within five (5) miles of the following areas:

(I) Brown (Bob) Conservation Area;

(II) Clarence Cannon National Wildlife Refuge;

(III) Columbia Bottom Conservation Area;

(IV) Coon Island Conservation Area;

(V) Duck Creek Conservation Area;

(VI) Eagle Bluffs Conservation Area;

(VII) Fountain Grove Conservation Area;

(VIII) Four Rivers Conservation Area;

(IX) Grand Pass Conservation Area;

(X) Leach (B. K.) Memorial Conservation Area;

(XI) Loess Bluffs National Wildlife Refuge;

(XII) Mara is Temps Clair Conservation Area;

(XIII) Mingo National Wildlife Refuge;

(XIV) Montrose Conservation Area;

(XV) Nodaway Valley Conservation Area;

(XVI) Otter Slough Conservation Area;

(XVII) Schell-Osage Conservation Area;

(XVIII) Settle's Ford Conservation Area;

(XIX) Shanks (Ted) Conservation Area;

(XX) Swan Lake National Wildlife Refuge; and

(XXI) Ten Mile Pond Conservation Area;

4. Mallard ducks must be held in covered facilities that meet standards specified in 3 CSR 10-9.220, and may be possessed, released, and used on game bird hunting preserves only under the following conditions-

A. Mallard ducks may be taken, possessed, transported, and stored only as provided in this Code and federal regulations;

B. Mallard ducks must be physically marked prior to six (6) weeks of age by removal of the hind toe from the right foot, or by tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot;

C. Mallard ducks may be temporarily released for the sole purpose of flight training beginning one (1) hour after sunrise each day. Covered facilities must be designed to re-capture such ducks, and a reasonable effort must be made tore-capture them by one (1) hour after sunset each day;

D. Mallard ducks may be released and taken only from September 1 through February 15 by hunting methods from one (1) hour after sunrise to one (1) hour before sunset, and only non-toxic shot may be used. Covered facilities must be designed and managed to re-capture any unharvested mallard ducks, and a reasonable effort must be made to re-capture ducks by one (1) hour after sunset each day; and

E. Ducks which are not captive-reared may not be hunted on preserves using captive-reared mallard ducks, and all waterfowl except captive-reared mallard ducks must be flushed from the immediate hunting area prior to hunting activity.

5. Any person taking or hunting game birds on a licensed hunting preserve shall have in his/her possession a valids mall game hunting permit or licensed hunting preserve hunting permit, except that persons fifteen (15) years of age or younger, when accompanied by a properly licensed adult hunter, and residents sixty-five (65) years of age and older, may hunt without permit. Licensed hunting preserve hunting permits may be issued to persons without requiring display of a hunter education certificate card for use on game bird hunting preserves; provided s/he is hunting in the immediate presence of a properly licensed adult hunter age eighteen (18) or older who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967.

6. Game birds, other than captive-reared mallard ducks, may be taken in any number on a hunting preserve and maybe possessed and transported from the preserve only when accompanied by a receipt listing the date, number, and species taken, and name of the hunting preserve; or when accompanied by an approved transportation sticker for each game bird taken. Transportation stickers must be purchased from the department by the hunting preserve permit holder, for which the permittee shall pay thirteen dollars ($13) per one hundred (100) stickers.

7. Captive-reared mallard ducks may be taken in any number on a hunting preserve and may be possessed and transported from the preserve only when accompanied by a receipt listing the date, number and species taken, and the hunting preserve permit holder's name and address. In addition, the marked foot must remain attached to mallard ducks.

8. The hunting preserve permit holder may exercise privileges provided in 3 CSR 10-9.353 for game birds held under this permit in propagation or holding facilities within or directly adjacent to the game bird hunting preserve. Propagation or holding facilities may be separated from the hunting preserve by a public road, but must be directly adjacent. Any such propagation or holding facilities shall meet standards specified in 3 CSR 10-9.220. Other propagation or holding facilities not contained within or directly adjacent to the hunting preserve are not covered under the privileges of this rule; NOTE: (See rule 3 CSR 10-7.440, and for federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)

(B) Big Game Hunting Preserve.

1. A big game hunting preserve for ungulates shall be a fenced single body of land, not dissected by public roads, and not less than three hundred twenty (320) acres and no more than three thousand two hundred (3,200) acres in size. The hunting preserve shall not be cross-fenced into portions of less than three hundred twenty (320) acres. The hunting preserve shall be fenced so as to enclose and contain all released game and exclude all hoofed wildlife of the state from becoming a part of the enterprise and posted with signs specified by the department. Fence requirements shall meet standards specified in 3 CSR 10-9.220. Fencing for hogs shall be constructed of twelve (12) gauge woven wire, at least five feet (5') high, and topped with one (1) strand of electrified wire. An additional two feet (2') of such fencing shall be buried and angled underground toward the enclosure interior. A fence of equivalent or greater strength and design to prevent the escape of hogs may be substituted with written application and approval by an agent of the department.

2. Breeding enclosure(s) contained within or directly adjacent to the big game hunting preserve must obtain a separate Class III Wildlife Breeder Permit for those species (including their hybrids) listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 for Class III wildlife breeders. Any animal entering a big game hunting facility may not reenter a breeding facility. All cervids entering a big game hunting preserve must maintain one (1) of the identification requirements contained in 3 CSR 10-9.354(6)(A). Any natural additions must meet one (1) of these identification requirements upon harvest or death for record-keeping purposes. For the purposes of the identification requirement of this paragraph, an animal has entered a big game hunting preserve when it has physically entered the preserve or when the animal has been identified on the Movement Certificate required by this rule, and the big game hunting preserve permittee has used the department-provided database to transfer the animal into their inventory on the same day as movement to the preserve.

3. Any person taking or hunting ungulates on a big game hunting preserve shall have in his/her possession a valid licensed hunting preserve hunting permit. The permittee shall attach to the leg of each ungulate taken on the hunting preserve a locking leg seal furnished by the department, for which the permittee shall pay eleven dollars ($11) per one hundred (100) seals. Any packaged or processed meat shall be labeled with the licensed hunting preserve permit number.

4. The holder of a Big Game Hunting Preserve Permit may only receive animals and conduct hunts if they maintain hunt qualified status. Big Game Hunting Preserve Permit holders will attain and maintain hunt-qualified status if they maintain inventory records (including identification requirements) as required in this chapter, submit Chronic Wasting Disease samples as required in this chapter, and maintain all fences as required in this chapter. A Big Game Hunting Preserve Permit holder will lose hunt-qualified status if, after issuance of a notice of discrepancy by the department indicating violations of any of the requirements of this paragraph, the permit holder fails to correct the deficiency within thirty (30) days, or longer if approved by a conservation agent pursuant to a corrective action plan. Hunt-qualified status will be reinstated when the permit holder receives notice from the department that the discrepancy has been corrected. Receiving animals or conducting hunts in violation of this paragraph or maintaining non-hunt-qualified status for ninety (90) consecutive days or more shall be sufficient cause for permit suspension or revocation.

5. The holder of a Big Game Hunting Preserve Permit must test mortalities of male cervids over twelve (12) months of age for Chronic Wasting Disease (CWD), a transmissible spongiform encephalopathy as provided in this rule. Samples must be collected by an accredited veterinarian or department-certified collector. Samples must be submitted to a diagnostic laboratory approved by the United States Department of Agriculture (USDA) for CWD testing within thirty (30) days of death. The department reserves the right to require additional sampling and testing during disease investigations or morbidity/ mortality events. Animal health standards and movement activities shall comply with all state and federal regulations.

6. For purposes of this section, eligible mortalities mean mortalities of all male cervids at least 12 months of age occurring between April 1 of the previous permit year and March 31 of the current permit year. Any new permit holder or permit holder as of July 1, 2021, that failed to test one hundred percent (100%) of all mortalities during the previous permit year shall have Tier 1 status, and shall test one hundred percent (100%) of eligible mortalities. Any permit holder as of July 1,2021, who can demonstrate they tested one hundred percent (100%) of all mortalities during the previous permit year or any Tier 1 permit holder that submits the required valid samples of eligible mortalities during the previous year shall have Tier 2 status, and shall test fifty percent (50%) of eligible mortalities.

7. At least eighty percent (80%) of required tests as described in the previous paragraph must produce valid sample results by the diagnostic laboratory. To be considered a sample that produced a valid test result, the sample must have been suitable, testable, and not rejected by the diagnostic laboratory for any other reason. If less than eighty percent (80%) of samples are valid, then the permit holder must provide sufficient samples to achieve the eighty percent (80%) requirement. Replacement samples may consist of either post-mortem samples at a 1:1 ratio, or ante-mortem samples at a 3:1 ratio from other animal(s) of similar age and time in the facility. For purposes of this rule, an ante-mortem CWD test is not valid unless it is performed by an accredited veterinarian on retropharyngeal lymph node, rectal mucosa, or tonsillart issue with at least six lymphoid follicles submitted within thirty (30) days of collection on an animal that is at least eighteen (18) months of age and has not been source of ante-mortem testing within the prior twenty-four (24) months.

8. Samples in which the infectious CWD prion is detected will be considered CWD-suspect pending confirmation at the USDA National Veterinary Services Laboratory. Any facility with a CWD-suspect or confirmed positive sample will immediately be quarantined by the state wildlife veterinarian, and no movement certificates allowing movement into the facility will be issued except as authorized by the state wildlife veterinarian in accordance with an approved herd disease response plan. Additionally, any facility that is or has been in possession of a deer that was in a CWD-suspect or CWD-confirmed positive facility shall be quarantined, and no movement certificates allowing movement into the facility will be issued until it is determined that the facility is note pidemio logically linked to the CWD suspect or confirmed positive deer or is determined upon further testing that the suspect deer is not a confirmed positive.

9. Big game hunting preserve permittees shall report escaped animals and entry of any free-ranging cervids into the facility immediately to a conservation agent.

10. The holder of a Big Game Hunting Preserve Permit must ensure that all CWD test results required by this section are submitted to the state wildlife veterinarian by the USDA approved diagnostic laboratory within seven (7) days of completion of testing. In the event of confirmed positive results from a Chronic Wasting Disease test, the permit holder shall comply with a herd disease response plan approved by the department. The plan may include, but not be limited to, quarantine requirements, testing and depopulation, premises cleaning and disinfection, additional fencing requirements, and restocking guidelines. Failure to comply with an approved herd disease response plan may result in the suspension or revocation of permit privileges.

11. All Class III cervids listed on the Approved Confined Species List in 3 CSR 10-9.105 for Class III wildlife breeders acquired by a holder of a Big Game Hunting Preserve Permit must be individually identified on a Movement Certificate issued by the department. A Movement Certificate must be completed by the breeder and list the official identification, age, gender, species, complete address of both the origin and destination, and the complete name, address, and permit number of all parties to the transaction. The original form must accompany the shipment and a copy shall be maintained for at least five (5) years by the permit holders, unless otherwise documented in a department-provided database. All other cervids and ungulates acquired by a holder of a Big Game Hunting Preserve Permit must be individually identified on a Breeder's Movement Certificate issued by the Missouri Department of Agriculture. A Breeder's Movement Certificate must be completed by the breeder and contain complete and accurate information including the official identification, age, gender, species, complete address of birth, origin, and destination, and complete address and name of buyer and seller. The Breeder's Movement Certificate must accompany the shipment and a copy maintained for at least five (5) years by the permit holder. The source of all Class III cervids listed on the Approved Confined Wildlife Species List in 3 CSR 10-9.105 for Class III wildlife breeders must be a Class III breeder facility. The source of all other cervids must be a herd that is enrolled in a United States Department of Agriculture approved Chronic Wasting Disease herd certification program.

12. New permits for big game hunting preserves will not be issued for a period of five (5) years within twenty-five (25) miles of a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department except as follows:

A. New permits may be issued during this time period for the existing location of a big game hunting preserve with a valid permit; and

B. New permits may be issued during this time period for a big game hunting preserve located more than ten (10) miles and less than twenty-five (25) miles from a location where Chronic Wasting Disease-positive animal(s) have been confirmed by the department, provided-

(I) The perimeter of the preserve is enclosed by a double fence having a minimum distance of ten feet (10') between the interior and exterior fences;

(II) The interior and exterior fences are constructed and maintained in accordance with 3 CSR 10-9.220;

(III) For preserves subject to double fencing requirements as a condition of their permit, all applicable measurements for determining compliance with the minimum acreage requirements of this rule will be based on the interior fence; and

(IV) No animal may be confined, pursued, or taken in the area between the interior and exterior fences on preserves subject to double fencing requirements as a condition of their permit.

13. Live cervids imported into the state shall not be held in a licensed big game hunting preserve. Only cervids born inside the state of Missouri may be propagated, held in captivity, and hunted on big game hunting preserves. Prior to accepting any cervid, the big game hunting preserve must obtain evidence that the cervid was born inside the state of Missouri, such as relevant portions of the breeder's herd certification inventory and movement certificates. The big game hunting preserve shall maintain such documentation for five (5) years and provide to the department upon request.

14. Within thirty (30) days from the revocation or expiration of a licensed Big Game Hunting Preserve Permit for any reason and prior to the removal of any fencing, the permit holder must remove all animals from the premises either by depopulation with approval by a conservation agent, or transfer to a licensed big game hunting preserve with approval by the state wildlife veterinarian. Facilities with a CWD positive within the past five (5) years must depopulate upon revocation or expiration of their permit.

3 CSR 10-9.565

AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* This rule previously filed as 3 CSR 10-10.765. Original rule filed Jan. 19, 1972, effective Feb. 1, 1972. Amended: Filed June 3, 1976, effective Sept. 12, 1976. Amended: Filed July 20, 1977, effective Jan. 1, 1978. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Amended: Filed Jan. 30, 1984, effective June 11 , 1984. Amended: Filed March 5, 1985, effective June 14, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed June 9, 1993, effective Jan. 1, 1994. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. 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 Aug. 14, 2002, effective March 30, 2003. Amended: Filed Aug. 30, 2002, effective June 30, 2003. Amended: Filed Oct. 9, 2003, effective March 30, 2004. Amended: Filed March 4, 2004, effective Aug. 30, 2004. Amended: Filed Aug. 30, 2004, effective Jan. 30, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 2, 2006, effective March 30, 2007. Amended: Filed March 19, 2007, effective April 1, 2007. Amended: Filed Oct. 10, 2008, effective April 30, 2009. Amended: Filed March 23, 2009, effective March 1, 2010.

Amended by Missouri Register December 1, 2014/Volume 39, Number 23, effective 1/29/2015

Amended by Missouri Register June 15, 2015/Volume 40, Number 12, effective 7/31/2015

Amended by Missouri Register August 17, 2020/Volume 45, Number 16, effective 9/30/2020

Amended by Missouri Register July 1, 2021/Volume 46, Number 13, effective 8/31/2021

Amended by Missouri Register January 17, 2023/Volume 48, Number 2, effective 2/28/2023

Amended by Missouri Register October 16, 2023/volume 48, Number 20, effective 11/30/2023.

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