rules of department of conservation · robin carnahan (2/28/07) code of state regulations 1...

CODE OF STATE REGULATIONS 1ROBIN CARNAHAN (2/28/07)Secretary of State

Rules of

Department of ConservationDivision 10—Conservation Commission

Chapter 9—Wildlife Code: Confined Wildlife: Privileges,Permits, Standards

Title Page

3 CSR 10-9.105 General Provisions .............................................................................3

3 CSR 10-9.106 Confined Wildlife Permits: How Obtained, Replacements ..............................6

3 CSR 10-9.110 General Prohibition; Applications ..........................................................6

3 CSR 10-9.220 Wildlife Confinement Standards ............................................................8

3 CSR 10-9.230 Class I Wildlife ...............................................................................11

3 CSR 10-9.240 Class II Wildlife ..............................................................................11

3 CSR 10-9.350 Class I Wildlife Breeder Permit ...........................................................11

3 CSR 10-9.351 Class II Wildlife Breeder Permit ..........................................................11

3 CSR 10-9.353 Privileges of Class I and Class II Wildlife Breeders ...................................11

3 CSR 10-9.359 Class I and Class II Wildlife Breeder: Records Required .............................13

3 CSR 10-9.415 Wildlife Rehabilitation Permit .............................................................13

3 CSR 10-9.420 Wildlife Hobby Permit ......................................................................15

3 CSR 10-9.425 Wildlife Collector’s Permit .................................................................15

3 CSR 10-9.430 Bird Banding ..................................................................................15

3 CSR 10-9.440 Resident Falconry Permit ...................................................................15

3 CSR 10-9.442 Falconry .......................................................................................16

3 CSR 10-9.560 Licensed Hunting Preserve Permit ........................................................17

3 CSR 10-9.565 Licensed Hunting Preserve: Privileges ...................................................17

3 CSR 10-9.566 Licensed Hunting Preserve: Records Required .........................................19

3 CSR 10-9.570 Hound Running Area Operator and Dealer Permit .....................................19

3 CSR 10-9.575 Hound Running Area: Privileges, Requirements .......................................19

2 CODE OF STATE REGULATIONS (2/28/07) ROBIN CARNAHAN

Secretary of State

3 CSR 10-9.605 Wildlife Collector’s Permit (Moved to 3 CSR 10-9.425) .............................20

3 CSR 10-9.610 Bird Banding (Moved to 3 CSR 10-9.430) ..............................................20

3 CSR 10-9.615 Wildlife Rehabilitation Permit (Moved to 3 CSR 10-9.415) ...........................20

3 CSR 10-9.620 Wildlife Hobby Permit (Moved to 3 CSR 10-9.420) ...................................20

3 CSR 10-9.625 Field Trial Permit ............................................................................20

3 CSR 10-9.627 Dog Training Area Permit ..................................................................20

3 CSR 10-9.628 Dog Training Area: Privileges .............................................................20

3 CSR 10-9.630 Confined Wildlife Permits: How Obtained, Replacements(Rescinded March 1, 2003) ................................................................23

3 CSR 10-9.640 Licensed Trout Fishing Area Permit ......................................................23

3 CSR 10-9.645 Licensed Trout Fishing Area Permit: Privileges, Requirements ......................23


Chapter 9—Wildlife Code: Confined Wildlife: Privileges, Permits, Standards 3 CSR 10-9

Title 3—DEPARTMENT OFCONSERVATION

Division 10—Conservation CommissionChapter 9—Wildlife Code: Confined

Wildlife: Privileges, Permits, Standards

3 CSR 10-9.105 General Provisions

PURPOSE: This rule establishes general pro-visions for the chapter, to be consistent withthe format of other chapters.

(1) Any person holding wildlife in captivityin any manner shall have in his/her posses-sion the prescribed permit or evidence ofexemption. Renewal of permits is conditionedon compliance with provisions of this Code.

(2) Confined wildlife held under permit with-in the provision of this Chapter shall includeonly those species listed on the followingApproved Confined Wildlife Species List:


Secretary of State

3 CSR 10-9—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission

Approved Confined Wildlife Species List

Species Code No. Common Name Scientific Name

Class I Wildlife BreedersGame Birds

Grouse, Blue Dendragapus obscurusGrouse, Greater Sage- Centrocercus urophasianusGrouse, Gunnison Sage- Centrocercus minimusGrouse, Ruffed Bonasa umbellusGrouse, Sharp-tailed Tympanuchus phasianellusGrouse, Spruce Falcipennis canadensisPartridge, Gray Perdix perdixPheasant, Ring-necked (all subspecies) Phasianus colchicusPtarmigan, Rock Lagopus mutusPtarmigan, White-tailed Lagopus leucurusPtarmigan, Willow Lagopus lagopusQuail, Bobwhite (all subspecies) Colinus virginianusQuail, California Callipepla californicaQuail, Gamble’s Callipepla gambeliiQuail, Mountain Oreortyx pictusQuail, Scaled Callipepla squamataTurkey, Wild (all subspecies) Melagris gallopava

MammalsArmadillo, Nine-banded Dasypus novemcinctusBadger Taxidea taxusBeaver Castor canadensisBobcat Lynx rufusChipmunk, Eastern Tamias striatusCoyote Canis latransDeer, Mule Odocoileus hemionusDeer, White-tailed Odocoileus virginianusFox, Gray Urocyon cinereoargenteusFox, Red Vulpes vulpesGroundhog (Woodchuck) Marmota monaxMink Mustela visonMuskrat Ondatra zibethicusOpossum Didelphis virginianaOtter, River Lontra canadensisRabbit, Eastern Cottontail Sylvilagus floridanusRabbit, Swamp Sylvilagus aquaticusRaccoon Procyon lotorSquirrel, Eastern Gray Sciurus carolinensisSquirrel, Fox Sciurus nigerSquirrel, Franklin’s Ground Spermophilus frankliniiSquirrel, Thirteen-lined Ground Spermophilus tridecemlineatusSquirrel, Southern Flying Glaucomys volansWeasel, Least Mustela nivalisWeasel, Long-tailed Mustela frenata

AmphibiansSalamanders

Newt, Central Notophthalmus viridescensSalamander, Tiger Ambystoma tigrinum

Frogs and ToadsBullfrog Rana catesbeianaFrog, Green (Bronze) Rana clamitansFrog, Southern Leopard Rana sphenocephalaToad, American Bufo americanusTreefrog, Eastern (Cope’s) Gray Hyla versicolor/chrysoscelisTreefrog, Green Hyla cinerea




ReptilesTurtles

Cooter, River Pseudemys concinnaSlider, Red-eared Trachemys scripta elegansSoftshell, Smooth Apalone muticaSoftshell, Spiny Apalone spiniferaTurtle, Ornate Box Terrapene ornateTurtle, Alligator Snapping Macrochelys temminckiiTurtle, Common Map Graptemys geographicaTurtle, Common Musk (Stinkpot) Sternotherus odoratusTurtle, Common Snapping Chelydra serpentineTurtle, Mississippi Mud Kinosternon subrubrumTurtle, Southern Painted Chrysemys picta dorsalisTurtle, Three-toed Box Terrapene carolina triunguisTurtle, Western Painted Chrysemys picta belli

LizardsLizard, Eastern Collared Crotaphytus collarisLizard, Prairie (Fence) Sceloporus consobrinus (undulates)Lizard, Slender Glass Ophisaurus attenuatusLizard, Texas Horned Phrynosoma cornutumSkink, Five-lined Eumeces fasciatus

SnakesBullsnake Pituophis catenifer sayiKingsnake, Prairie Lampropeltis calligasterKingsnake, Speckled Lampropeltis getula holbrookiSnake, Black Rat Elaphe obsoleta obsoletaSnake, Eastern Garter Thamnophis sirtalis sirtalisSnake, Eastern Hog-nosed Heterodon platirhinosSnake, Great Plains Rat Elaphe guttata emoryiSnake, Red Milk Lampropeltis triangulum syspilaSnake, Red-sided Garter Thamnophis sirtalis parietalisSnake, Western Hog-nosed (Dusty and Plains) Heterodon nasicus

Class II Wildlife BreedersBear, Black (& hybrids) Ursus americanusCopperhead Agkistrodon contortrixCottonmouth Agkistrodon piscivorusLion, Mountain (& hybrids) Puma concolorRattlesnake, Pygmy Sistrurus miliariusRattlesnake, Timber (Canebrake) Crotalus horridusWolf, Gray (& hybrids) Canis lupus

Game Bird Hunting PreservesPartridges, Exotic (all species) All speciesPheasants (all species) All speciesQuail (all species) All species

Big Game Hunting PreservesAntelope, Pronghorn Antilocapra americanaBoar, Wild (including feral hogs, razorback hogs,European boars and other pig species)

Caribou (Reindeer) Rangifer tarandusDeer, Fallow Dama damaDeer, Mule Odocoileus hemionusDeer, Red Cervus speciesDeer, Sika Cervus nipponDeer, White-tailed Odocoileus virginianusElk Cervus elaphusGoat, Mountain Oreamnos americanusMoose Alces alcesSheep, Bighorn Ovis canadensisSheep, Dall Ovis dalliUngulates (other species) deer, antelope deer, goats, sheep,

etc.


Secretary of State



Wildlife HobbyBadger Taxidea taxusBeaver Castor canadensisBobcat Lynx rufusCoyote Canis latransFox, Gray Urocyon cinereoargenteusFox, Red Vulpes vulpesGroundhog (Woodchuck) Marmota monaxMink Mustela visonMuskrat Ondatra zibethicusOpossum Didelphis virginianaOtter, River Lontra canadensisPheasant, Ring-necked (all subspecies) Phasianus colchicusQuail, Bobwhite (all subspecies) Colinus virginianusRabbit, Eastern Cottontail Sylvilagus floridanusRabbit, Swamp Sylvilagus aquaticusRaccoon Procyon lotorSquirrel, Eastern Gray Sciurus carolinensisSquirrel, Fox Sciurus nigerWeasel, Least Mustela nivalisWeasel, Long-tailed Mustela frenata

Wildlife Collector’s PermitSpecies and numbers of each are limited to those specified on the permit.

Resident Falconry PermitBirds of prey as permitted under 3 CSR 10-9.422.

Hound Running Area Operator and Dealer Permit

Coyote Canis latransFox, Gray Urocyon cinereoargenteusFox, Red Vulpes vulpes

Field Trial PermitDucks, Mallard Anas platyrhynchosPartridges, Exotic (all species)Pheasants (all species)Quail (all species)

Dog Training Area PermitPartridges, Exotic (all species)Pheasants (all species)Quail (all species)

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed June 9, 1993,effective Jan. 1, 1994. Amended: Filed April25, 1996, effective March 1, 1997. Amended:Filed Sept. 29, 2004, effective Feb. 28, 2005.Amended: Filed Sept. 14, 2005, effective Feb.28, 2006. Amended: Filed Oct. 2, 2006, efec-tive Feb. 28, 2007.

3 CSR 10-9.106 Confined Wildlife Permits:How Obtained, Replacements

PURPOSE: This rule moves the language in3 CSR 10-9.630 to the beginning of Chapter9 for easier reference and better organiza-tion.

Confined wildlife permits and replacementsfor them may be issued only through thedepartment office in Jefferson City uponreceipt of proper application and the required

permit fee. A service fee of three dollars ($3)is required for a replacement confinedwildlife permit.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.630. Original rule filed May 9,2002, effective March 1, 2003.

3 CSR 10-9.110 General Prohibition;Applications

PURPOSE: This rule prohibits the pursuit,taking, possession or any use of wildlifeexcept as provided in the Code.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rule

would be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Possession of Native Species.(A) A maximum of five (5) specimens of

any native wildlife not listed in 3 CSR 10-4.110(4) or 3 CSR 10-9.240, except endan-gered species, bats, hellbenders, and alligatorsnapping turtles, may be taken and possessedalive by a resident of Missouri without per-mit, but these animals shall not be bought orsold. Bones, skins, shells and other parts ofsuch wildlife may be possessed for personaluse without permit, but these wildlife parts in


any form shall not be bought or sold. Wildlifeheld under this subsection may not be trans-ported (or shipped) from the state.

(B) Native invertebrates listed in the Jan-uary 2006 edition of the Missouri Speciesand Communities of Conservation ConcernChecklist may only be collected and held byholders of a Wildlife Collector’s Permit andonly as prescribed in 3 CSR 10-9.425. TheChecklist is adopted as a part of this Codeand by this reference is herein incorporated.A printed copy of this booklet can beobtained from the Missouri Department ofConservation, PO Box 180, Jefferson City,MO 65102-0180 and is online at www.mis-souriconservation.org. This rule does notincorporate any subsequent amendments oradditions to the Checklist.

(2) Except for federally-designated endan-gered species and species listed in 3 CSR 10-4.117 and 3 CSR 10-9.240, the followingmay be bought, sold, possessed, transportedand exhibited without permit: Asiatic clams(Corbicula species) taken from impound-ments that are not waters of the state; bison;amphibians, reptiles, and mammals not nativeto Missouri; and those birds (except ring-necked pheasants and gray partridge) notnative to the continental United States.

(3) Fish, tiger salamander larvae and crayfishmay be bought, sold, transported, propagat-ed, taken and possessed by any person with-out permit throughout the year in any numberor size and by any method providing—

(A) That person has in his/her possessiona dated, written statement showing the num-ber or weight of each species and the weightof extracted fish eggs (raw or processed) ofeach species, as proof that such animals orfish eggs were obtained from other thanwaters of the state or from a licensed com-mercial fisherman, provided that animals orfish eggs from outside the state were legallyobtained from a commercial source.

(B) That person shall keep a dated receiptthat includes the number or weight of eachspecies and the weight of extracted fish eggs(raw or processed) of each species, that weresold or given away and the name, address andsignature of the recipient. These receiptsshall be retained for three (3) years and shallbe made available for inspection by an autho-rized agent of the department at any reason-able time.

(C) That person is in compliance with allprovisions of this Code pertaining to impor-tation, purchase, or sale of endangeredspecies, and importation of live fish or viablefish eggs of the family Salmonidae.

(D) That the privileges of this section donot apply to taking or possession in, on or

from waters of the state, waters stocked bythe state, or waters subject to movements offishes into and from waters of the state,except:

1. Animals defined as live bait and pos-sessed under provisions of this section maybe possessed on the waters of the state for useas live bait except that bighead carp and sil-ver carp may not be used as live bait but maybe used as dead or cut bait.

2. Fish cultured by a commercial fishproducer that remain in a man-madeimpoundment following inundation by flood-ing from waters of the state as defined in thisCode shall be considered the property of theimpoundment owner; provided the remainingfish species are the same as were present inthe impoundment prior to inundation. Anyother fish species in the impoundment shallbe considered the property of the state andnot available for sale, and shall be returnedunharmed immediately to the waters of thestate when harvested.

3. With the written authorization of thedirector, a privately owned impoundment thatis entirely confined and located completelyupon lands owned or leased by a single per-son or by two (2) or more persons jointly oras tenants in common or by corporate share-holders, and that is designated as waters ofthe state, may be used for the commercialproduction of species listed in the ApprovedAquatic Species List in 3 CSR 10-9.110(3)(F) that were not stocked by the depart-ment, provided that:

A. The impoundment owner has inhis/her possession a dated, written statementshowing the number or weight of eachspecies stocked as proof that such animalswere legally obtained from other than watersof the state or from a licensed commercialfisherman.

B. The species being produced maybe harvested by the methods and under theconditions specified in the director’s writtenauthorization. All other species caught dur-ing culture activities must be returnedunharmed immediately to the water.

C. Statewide seasons, methods andlimits apply for all other species.

(E) That the privileges of this section applyonly to the following:

1. Species listed in the Approved Aquat-ic Species List (excluding transgenic organ-isms, but including all subspecies, varietiesand hybrids of the same bought, sold, trans-ported, propagated, taken and possessed forpurposes of aquaculture).

2. Species frozen or processed for saleas food products.

3. Species incapable of surviving infresh water.

4. Fish held only in aquaria, tanks orother containers having water discharged onlyinto septic systems or municipal waste treat-ment facilities that are designed and operatedaccording to guidelines of the MissouriDepartment of Natural Resources or thatentirely recirculate all of the water so thatnone of it shall drain into a water body.

5. Species other than fish held only inaquaria, tanks or other containers that havethe following specifications: all containersincluding the drain pipe or stand pipe must becompletely covered with an intact screen of amaximum mesh size of 1/16 inch square, andhaving water discharged only into septic sys-tems or municipal waste treatment facilitiesthat are designed and operated according toguidelines of the Missouri Department ofNatural Resources or that entirely recirculateall of the water so that none of it shall draininto a water body.

6. Species held only in a closed systemfrom which the escape of live organisms(including eggs, parasites and diseases) is notpossible. The species to be held and the sys-tem to be used must receive prior writtenapproval from the director.

(F) Approved Aquatic Species List.1. Fishes.

A. Shovelnose sturgeon (Scaphir-hynchus platorynchus)

B. Paddlefish (Polyodon spathula) C. Spotted gar (Lepisosteus oculatus) D. Longnose gar (Lepisosteus osseus) E. Shortnose gar (Lepisosteus plato-

stomus)F. Bowfin (Amia calva) G. American eel (Anguilla rostrata)H. Gizzard shad (Dorosomacepedi-

anum) I. Threadfin shad (Dorosoma pete-

nense) J. Rainbow trout (Oncorhynchus

mykiss)K. Golden trout (Oncorhynchus aqua-

bonita)L. Cutthroat trout (Oncorhynchus

clarkii) M. Brown trout (Salmo trutta) N. Brook trout (Salvelinus fontinalis) O. Coho salmon (Oncorhynchus

kisutch) P. Northern pike (Esox lucius) Q. Muskellunge (Esox masquinongy) R. Goldfish (Carassius auratus) S. Grass carp (Ctenopharyngodon

idella) T. Common carp (Cyprinus carpio) U. Bighead carp (Hypophthalmi-

chthys nobilis)V. Golden shiner (Notemigonus cryso-

leucas)



Secretary of State


W. Bluntnose minnow (Pimephalesnotatus)

X. Fathead minnow (Pimephalespromelas)

Y. River carpsucker (Cariodes car-pio)

Z. Quillback (Carpiodes cyprinus)AA. White sucker (Catostomus com-

mersoni)BB. Blue sucker (Cycleptus elonga-

tus)CC. Bigmouth buffalo (Ictiobus

cyprinellus) DD. Black bullhead (Ameirus melas) EE. Yellow bullhead (Ameirus natal-

is) FF. Brown bullhead (Ameirus nebulo-

sus)GG. Blue catfish (Ictalurus furcatus)HH. Channel catfish (Ictalurus punc-

tatus)II. Flathead catfish (Pylodictis oli-

varis) JJ. Mosquitofish (Gambusia affinis)KK. White bass (Morone chrysops) LL. Striped bass (Morone saxatilis)MM. Green sunfish (Lepomis cyanel-

lus) NN. Pumpkinseed (Lepomis gibbo-

sus) OO. Warmouth (Lepomis gulosus) PP. Orangespotted sunfish (Lepomis

humilis) QQ. Bluegill (Lepomis macrochirus) RR. Longear sunfish (Lepomis mega-

lotis)SS. Redear sunfish (Lepomis micro-

lophus) TT. Smallmouth bass (Micropterus

dolomieu) UU. Spotted bass (Micropterus punc-

tulatus) VV. Largemouth bass (Micropterus

salmoides)WW. White crappie (Pomoxis annu-

laris) XX. Black crappie (Pomoxis nigro-

maculatus) YY. Yellow perch (Perca flavescens) ZZ. Sauger (Sander canadensis)AAA. Walleye (Sander vitreus)BBB. Freshwater drum (Aplodinotus

grunniens)2. Crustaceans.

A. Freshwater prawn (Macrabrachium rosenbergii)

B. Pacific white shrimp (Litopenaeusvannamei)

C. Northern crayfish (Orconectes vir-ilis)

D. White river crayfish (Proca-marusacutus)

E. Red swamp crayfish (Procam bar-usclarkii)

F. Papershell crayfish (Orconectesimmunis)

3. Amphibians.A. Tiger salamander larvae (Amby-

stoma tigrinum)

(4) Live fish, their eggs and gametes of thefamily Salmonidae (trouts, char, salmon) maybe imported to the state only by the holder ofa salmonid importation permit and any otherappropriate state permit. An importation per-mit shall be required for each shipment andwill be issued at no charge. Application forthe salmonid importation permit are availablefrom the department. The application forsalmonid importation permit must bereceived not less than fifteen (15) nor morethan eighty (80) days prior to the proposeddate of shipment. Prior to permit issuance theimmediate source of the importation must becurrently certified as negative for viral hem-orrhagic septicemia, infectious pancreaticnecrosis, infectious hematopietic necrosis,Myxobolus cerebralis or other disease whichmay threaten fish stocks within the state,must have been certified negative for the pre-vious three (3) consecutive years and mustnot pose a threat of introducing unwantedspecies. Certification will only be acceptedfrom federal, state or industry personnelapproved by the department and only inaccordance with provisions on the permitapplication form. Fish, eggs and gametesimported under this permit are subject toinspection by authorized agents of the depart-ment and this inspection may include removalof reasonable samples of fish or eggs for bio-logical examination.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule was previously filed as3 CSR 10-4.110(5), (6) and (10). Original rulefiled June 26, 1975, effective July 7, 1975.Amended: Filed July 15, 1976, effective Dec.31, 1976. Amended: Filed April 20, 1978,effective Aug. 15, 1978. Amended: Filed July15, 1978, effective Oct. 12, 1978. Amended:Filed July 30, 1979, effective Jan. 1, 1980.Amended: Filed Aug. 1, 1980, effective Jan.1, 1981. Amended: Filed July 31, 1981, effec-tive Jan. 1, 1982. Amended: Filed July 27,1982, effective Jan. 1, 1983. Amended: FiledAug. 1, 1983, effective Jan. 1, 1984. Amend-ed: Filed Aug. 6, 1985, effective Jan. 1,1986. Amended: Filed Aug. 7, 1986, effectiveJan. 1, 1987. Amended: Filed July 30, 1987,effective Jan. 1, 1988. Amended: Filed Aug.8, 1989, effective Jan. 1, 1990. Amended:Filed May 10, 1990, effective Jan. 1, 1991.Amended: Filed May 10, 1991, effective Jan.1, 1992. Amended: Filed April 28, 1992,

effective Feb. 26, 1993. Emergency amend-ment filed Dec. 29, 1992, effective Jan. 9,1993, expired May 8, 1993. Amended: FiledDec. 29, 1992, effective June 7, 1993. Thisversion of rule filed June 9, 1993, effectiveJan. 31, 1994. Amended: Filed April 27,1994, effective Jan. 1, 1995. Amended: FiledMay 30, 1995, effective Jan. 1, 1996.Amended: Filed April 25, 1996, effectiveMarch 1, 1997. Amended: Filed June 5,1996, effective Dec. 30, 1996. Amended:Filed July 9, 1997, effective March 1, 1998.Amended: Filed May 6, 1998, effectiveMarch 1, 1999. Amended: Filed May 10,1999, effective March 1, 2000. Amended:Filed April 24, 2000, effective March 1,2001. Amended: Filed June 1, 2001, effectiveOct. 30, 2001. Amended: Filed May 9, 2002,effective March 1, 2003. Amended: Filed July31, 2002, effective June 30, 2003. Amended:Filed May 9, 2003, effective Oct. 30, 2003.Amended: Filed Oct. 9, 2003, effectiveMarch 30, 2004. Amended: Filed Oct. 8,2004, effective March 30, 2005. Amended:Filed April 20, 2005, effective Sept. 30, 2005.Amended: Filed Sept. 14, 2005, effective Feb.28, 2006. Amended: Filed April 17, 2006,effective Sept. 30, 2006. Amended: Filed Oct.2, 2006, effective Feb. 28, 2007.

3 CSR 10-9.220 Wildlife ConfinementStandards

PURPOSE: This rule establishes standards tobe followed by those holding wildlife in cap-tivity to assure the animals are confined inhumane and sanitary conditions and in waysthat prevent escape.

(1) Cages, pens or other enclosures for con-fining wild animals shall be well braced,securely fastened to the floor or ground, cov-ered with a top as required and constructedwith material of sufficient strength to preventescape. Animals must be confined at all timesin cages, pens or enclosures except in lead ordrag races or birds held under a falconry per-mit. Except for unweaned young, Class IIwildlife and bobcat, American badger, coy-ote, red fox and gray fox may not roam freelyanywhere within a residence or inhabiteddwelling. The following requirements shallbe met:

(A) Clean drinking water shall be availablein adequate amounts at all times. Semiaquat-ic animals, such as beaver and muskrat, shallbe provided a pool of sufficient water depthfor the animal to completely submerge.

(B) A shelter shall be provided for securi-ty and protection from inclement weather.Shade or an overhead structure shall be pro-vided in warm seasons.


(C) Captive wildlife shall be fed daily or asrequired with a diet appropriate to the speciesand the age, size and condition of the animal.Feeding containers shall be kept clean anduneaten food removed within a reasonabletime.

(D) Animal wastes shall be removed dailyand disposed of properly. If bedding is pro-vided, it shall be cleaned out and replacedevery two (2) weeks.

(2) Cages, pens or other enclosures for ClassI wildlife shall meet the following standards:

Space PerEach

Enclosure Additional EnclosureSpace Animal Height

Species (sq. ft.) (sq. ft.) (ft.)(A) American

Badger 30 6 4(B) Beaver 40 8 5(C) Bobcat 32 8 6(D) Coyote 80 25 6(E) E. Cotton-

tail Rabbit 15 3 3(F) Fox Squirrel 9 3 4(G) Gray Fox 40 8 5(H) Gray

Squirrel 9 3 4(I) Groundhog 12 3 5(J) Mink 9 3 2(K) Muskrat 12 5 3(L) Nine-Banded

Armadillo 12 4 2(M) Otter 36 6 4(N) Raccoon 24 6 5(O) Red Fox 40 8 5(P) Virginia

Opossum 12 3 3(Q) Weasel 9 3 2(R) White-Tailed

Deer 500 125 8

(3) Cages, pens or other enclosures for con-fining Class II wildlife shall be constructed toprevent direct physical contact with the pub-lic. At a minimum, this may be accomplishedby a secondary barrier of wire mesh nosmaller than eleven and one-half (11 1/2)gauge with openings of no more than nine (9)square inches, with a minimum distance ofthree feet (3') between animal cage and pub-lic and a minimum height of six feet (6').Doors shall remain locked at all times withappropriate locks and chains. Enclosuresshall be constructed with a den, nest box orconnected housing unit that can be closed offand locked with the animal inside, or be adivided cage with a door between the com-partments, to allow servicing and cleaning.The enclosure mesh size or spacing of barsshall be sufficient to prevent escape. A barri-er system of wet or dry moats or structures,as approved by the American Association ofZoological Parks and Aquariums, will meetthese requirements.

(A) Class II wildlife shall be confined incages, pens, enclosures or in buildings of suf-ficient strength with restraints affixed to allwindows, doors or other means of entry orexit.

(B) Cages, pens or other enclosures forClass II wildlife shall meet the standards out-lined in Appendix A of this rule, which isincluded herein.

(4) Care of captive turtles shall meet require-ments set out in section (1). At least ten (10)gallons of water shall be provided for eachadult aquatic turtle over four inches (4") inshell length, and three (3) gallons of watershall be provided for each hatchling or turtleunder four inches (4") in shell length. Atleast four (4) square feet of ground spaceshall be provided for each box turtle overthree inches (3") in shell length and one (1)square foot of ground space shall be providedfor each hatchling or turtle under three inch-es (3") in shell length.

(5) Mobile temporary exhibit and wildlifeauction/sale facilities may be used to confinewildlife for no more than fourteen (14) daysand shall meet the following criteria:

(A) Facilities shall be of sufficient size toensure that each animal or compatible groupsof animals can stand erect, turn about freelyand lie naturally. Facilities shall be designedto provide fresh air, be free from injuriousdrafts and engine exhaust fumes, and provideadequate protection from the elements. Thestructural strength of the facilities shall besufficient to contain the wildlife and to with-stand the normal rigors of transportation.

(B) Class I wildlife facilities shall containdoors that are locked when unattended, buteasily accessible at all times for emergencyremoval of the wildlife.

(C) Facilities for Class II wildlife and bob-cat, American badger, coyote, red fox andgray fox shall be designed to prevent directphysical contact by the public and construct-ed of steel or case hardened aluminum. Facil-ities must have at least two (2) openingswhich are easily accessible at all times foremergency removal of the wildlife. Doorsshall be locked at all times.

(D) Venomous reptiles shall only be trans-ported in a strong escape-proof enclosurecapable of withstanding a strong impact.Enclosures shall be locked and prominentlylabeled with the owner’s full name, address,telephone number, list of species being trans-ported, and a sign labeled VENOMOUS.

(6) Other wildlife native to Missouri not list-ed in sections (2) and (3) and in rule 3 CSR10-9.110, and birds native to the continentalUnited States, shall be cared for and confinedin facilities that provide comparable require-

ments for similar size animals as listed in thisrule.

(7) Requirements of this rule shall not applyto wildlife under the care of a veterinarian orrehabilitation center, or to animals legallyheld in circuses, publicly owned zoos, Amer-ican Zoo and Aquarium Association (AZA)accredited not-for-profit facilities, bona fideresearch facilities or on fur farms whose solepurposes are to sell pelts or live animals toother fur farms and whose facilities meetgenerally accepted fur farming industry stan-dards and adhere to provisions of sections(1), (3), and (5) of this rule.

(8) Other variations from requirements of thisrule shall be only as specifically authorizedby the director.



Secretary of State



AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule was previously filed as3 CSR 10-3.020. Original rule filed Nov. 2,1984, effective Feb. 11, 1985. Amended:Filed Aug. 6, 1985, effective Jan. 1, 1986.Amended: Filed May 10, 1991, effective Jan.1, 1992. Amended: Filed June 2, 1992, effec-tive Feb. 26, 1993. Amended: Filed June 9,1993, effective Jan. 31, 1994. Amended:Filed June 13, 1994, effective Jan. 1, 1995.Amended: Filed Oct. 12, 1994, effectiveMarch 30, 1995. Amended: Filed May 30,1995, effective Jan. 1, 1996. Amended: FiledJune 5, 1996, effective Dec. 30, 1996.Amended: Filed May 6, 1998, effectiveMarch 1, 1999. Amended: Filed May 9,2002, effective March 1, 2003. Amended:Filed Nov. 25, 2003, effective April 30, 2004.Amended: Filed Sept. 29, 2004, effectiveFeb. 28, 2005. Amended: Filed Sept. 14,2005, effective Feb. 28, 2006. Amended:Filed Oct. 2, 2006, effective Feb. 28, 2007.

3 CSR 10-9.230 Class I Wildlife

PURPOSE: This rule establishes a new cate-gory for certain wildlife—wildlife inherentlydangerous to humans and the provisions forprivate ownership of these species.

Class I wildlife shall include bullfrogs andgreen frogs and birds (including ring-neckedpheasants and gray partridge) native to thecontinental United States, and those speciesof mammals (except bison and those listed in3 CSR 10-9.240) and nonvenomous reptilesand amphibians native to Missouri. Elkdefined as livestock pursuant to the RevisedStatutes of Missouri section 277.020 that areheld separate so as to prevent comminglingwith mule deer and white-tailed deer areexempt from permit requirements.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed June 9, 1993,effective Jan. 31, 1994. Amended: Filed June5, 1996, effective Dec. 30, 1996. Amended:Filed May 10, 1999, effective March 1, 2000.Amended: Filed April 24, 2000, effectiveMarch 1, 2001. Amended: Filed Dec. 26,2002, effective May 30, 2003.

3 CSR 10-9.240 Class II Wildlife

PURPOSE: This rule identifies those speciesthat can only be held under provisions of aClass II wildlife breeder permit.

Class II wildlife shall include copperheads,cottonmouths, timber rattlesnakes, pygmy

rattlesnakes, massasauga rattlesnakes, moun-tain lions or mountain lion-hybrids, wolves orwolf-hybrids and black bears or black bear-hybrids.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed Oct. 6, 1993,effective Jan. 31, 1994. Amended: Filed June5, 1996, effective Dec. 30, 1996. Amended:Filed Sept. 29, 2004, effective Feb. 28, 2005.

3 CSR 10-9.350 Class I Wildlife BreederPermit

PURPOSE: This rule establishes a permit forwildlife breeders.

To exercise the privileges of a Class I wildlifebreeder. Fee: fifty dollars ($50).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-10.750. Original rule filed Aug. 18,1970, effective Dec. 31, 1970. Amended:Filed May 22, 1978, effective Sept. 15, 1978.Amended: Filed Aug. 29, 1980, effective Jan.1, 1981. Emergency amendment filed Nov. 2,1992, effective Jan. 1, 1993, expired Jan. 15,1993. Amended: Filed June 2, 1992, effectiveJan. 15, 1993. Amended: Filed June 9, 1993,effective Jan. 1, 1994.

3 CSR 10-9.351 Class II Wildlife BreederPermit

PURPOSE: This rule establishes a new per-mit for holders of wildlife classified as inher-ently dangerous to humans.

To exercise the privileges of both a Class Iand Class II wildlife breeder. Fee: two hun-dred fifty dollars ($250).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed June 9, 1993,effective Jan. 31, 1994. Amended: Filed May9, 2002, effective March 1, 2003. Amended:Filed Oct. 2, 2006, effective Feb. 28, 2007.

3 CSR 10-9.353 Privileges of Class I andClass II Wildlife Breeders

PURPOSE: This rule establishes privilegesand requirements for wildlife breeders. It hasbeen reorganized from an older version toprovide better organization and understand-ing; and to clarify that migratory waterfowlmay be reared and held in captivity as pro-vided in federal regulations but that such

waterfowl may only be hunted as provided in3 CSR 10-9.625 of this Code.

(1) Class I and Class II wildlife as defined in3 CSR 10-9.230 and 3 CSR 10-9.240, maybe exhibited, propagated, reared or held incaptivity by the holder of the appropriateClass I or Class II wildlife breeder permit ata specific location indicated on the permit.Applicants for a Class II permit must qualifyby passing with a score of at least eighty per-cent (80%) on a written examination provid-ed by the department.

(2) Such wildlife may be used, sold, givenaway, transported or shipped; provided, thatstate and federally-designated endangeredspecies may not be sold without the writtenapproval of the director; that skunks may notbe imported, bought, sold, transported, givenaway or otherwise disposed of; that live rac-coons, foxes and coyotes may not be import-ed; and that wildlife may be sold or givenaway only to the holder of the appropriatepermit, where required, except as provided insection (9) of this rule.

(3) A permit may be granted after satisfacto-ry evidence by the applicant that stock will besecured from a legal source other than thewild stock of this state and as provided in sec-tion (11) of this rule; that the applicant willconfine the wildlife in humane and sanitaryfacilities that meet standards specified in 3CSR 10-9.220; and that the applicant willprevent other wildlife of the state frombecoming a part of the enterprise.

(4) Cities, towns and counties may establishordinances further restricting or prohibitingownership of Class II wildlife, with approvalof the department. In instances where prohi-bitions apply, no permit will be issued by thedepartment. Persons possessing Class IIwildlife must comply with all requirements ofsection 578.023, RSMo.

(5) No Class I or Class II wildlife breederpermit is required for wildlife legally held bycircuses, publicly owned zoos, American Zooand Aquarium Association (AZA) accreditednot-for-profit facilities or bona fide researchfacilities; however, those wildlife may not beheld for personal use. Physical contactbetween humans and Class I and Class IIwildlife in circuses must be restricted to thehandlers, performers or other circus employ-ees.

(6) No Class I or Class II wildlife breederpermit is required for nonresidents possessinga valid permit issued in another state to


exhibit legally possessed wildlife at specialevents, not to exceed seven (7) consecutivedays; provided that:

(A) Notification is made to an agent of thedepartment prior to entry of wildlife into thestate.

(B) Exhibited wildlife may not be sold,offered for sale, or given away.

(C) All other provisions of this chaptershall apply, including mobile temporaryexhibit confinement standards as specified in3 CSR 10-9.220.

(7) No state permit shall be required of indi-viduals holding migratory waterfowl undervalid federal authorization; except that migra-tory waterfowl held in captivity may be hunt-ed only as provided in 3 CSR 10-9.625 of thisCode.

(8) No state permit shall be required for thepropagation, sale or display of birds of preyby persons holding a valid federal permit;provided that these birds may be used to takeor attempt to take wildlife only by personsholding a valid falconry permit.

(9) Wildlife, except skunks, foxes, coyotesand raccoons may be shipped, transported orconsigned to a wildlife breeder by nonresi-dents without a Missouri wildlife breederpermit, but that wildlife shall be accompa-nied by appropriate permit or other proof oflegality in the state of origin. Persons pur-chasing wildlife at consignment sales shallobtain a wildlife hobby or appropriatewildlife breeder permit prior to the purchase,except nonresidents may possess and trans-port purchased wildlife without permit forforty-eight (48) hours following close of thesale.

(10) Notification of the date and place of anypublic sale of consigned wildlife shall be pro-vided the conservation agent of the county inwhich the sale will be held not less than thir-ty (30) days prior to the sale.

(11) All elk, elk-hybrids, mule deer, andwhite-tailed deer, defined as Class I wildlifein 3 CSR 10-9.230, introduced into a Class Iwildlife breeder operation shall meet the fol-lowing requirements:

(A) Animals shall be tagged or marked ina method allowing each individual animal tobe uniquely identified.

(B) Animals imported into Missouri mustcome from a herd that is enrolled and hasachieved a status two (2) or higher in a Unit-ed States Department of Agriculture approvedor state-sponsored chronic wasting diseasemonitoring program—two (2) years of

surveillance, advancement, and successfulcompletion of program requirements.

(C) Animals from within Missouri mustcome from a herd comprised of animalsenrolled in a United States Department ofAgriculture approved or state-sponsoredchronic wasting disease monitoring program.

(12) Effective January 1 of each year, onehundred percent (100%) of all elk, elk-hybrids, mule deer, and white-tailed deer,defined as Class I wildlife in 3 CSR 10-9.230, over twelve (12) months of age thatdie of any cause within a Class I wildlifebreeder operation, shall be tested for chronicwasting disease at a federally approved labo-ratory, up to an annual total of ten (10) ani-mals in the aggregate, except:

(A) No testing is required for Class Iwildlife breeder operations that have notintroduced, during the past three (3) years,any elk, elk-hybrids, mule deer or white-tailed deer from a herd having a status lessthan three (3) as documented through a Unit-ed States Department of Agriculture approvedor state-sponsored chronic wasting diseasemonitoring program—three (3) years ofsurveillance, advancement, and successfulcompletion of program requirements.

(B) No testing is required for elk, elk-hybrids, mule deer, and white-tailed deerdocumented through Missouri’s chronicwasting disease monitoring program as froma status five (5) herd—five (5) years ofsurveillance, advancement, and successfulcompletion of program requirements.

(C) One hundred percent (100%) of all elk,elk-hybrids, mule deer and white-tailed deerthat are imported into Missouri that are froma herd having a status less than three (3) asdocumented through a United States Depart-ment of Agriculture or state-sponsored chron-ic wasting disease monitoring program thatdie of any cause within a Class I wildlifebreeder operation shall be tested for chronicwasting disease at a federally approved labo-ratory.

(13) All permits issued by the state veterinar-ian’s office allowing cervids to enter Mis-souri and all chronic wasting disease testresults must be kept by the permittee and aresubject to inspection by an agent of thedepartment at any reasonable time. All testresults documenting a positive case of chron-ic wasting disease shall be reported immedi-ately to an agent of the department.

(14) The holder of a Class I or Class IIwildlife breeder permit may exhibit wildlifeat locations other than those listed on the per-mit.

(15) Any sale, shipment or gift of wildlife bya Class I or Class II wildlife breeder shall beaccompanied by a written statement givinghis/her permit number and showing the num-ber of each species and the name and addressof the recipient. No wildlife of any kind maybe liberated unless specific permission hasbeen granted on written application to theconservation agent in the district where therelease is to be made.

(16) None of these privileges shall extend topermitting the act of hunting for such stockexcept that big game mammals may be killedfor purposes of herd management by the per-mit holder or his/her agents, but only withauthorization from an agent of the depart-ment.

(17) The holder of a Class I or Class IIwildlife breeder permit shall report escapedanimals immediately to an agent of thedepartment.

(18) The holder of a Class I wildlife breederpermit may sell legally acquired game birdeggs or dressed or processed quail, pheasantsand partridges at retail and to commercialestablishments under provisions of 3 CSR 10-10.743, provided all sales are accompaniedby a valid invoice and the required recordsare maintained by the wildlife breeder.

(19) Animal health standards and movementactivities shall comply with all state and fed-eral regulations.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule was previously filed as3 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, effec-tive Jan. 1, 1987. Emergency amendmentfiled Nov. 2, 1992, effective Jan. 1, 1993,expired Feb. 26, 1993. Amended: Filed June2, 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 May30, 1995, effective Jan. 1, 1996. Amended:


Secretary of State



Filed June 5, 1996, effective Dec. 30, 1996.Amended: Filed June 11, 1997, effectiveMarch 1, 1998. Amended: Filed May 6,1998, effective March 1, 1999. Emergencyamendment filed March 11, 2002, effectiveMarch 21, 2002, terminated Aug. 27, 2002.Amended: Filed March 11, 2002, effectiveJuly 30, 2002. Emergency amendment filedAug. 14, 2002, effective Aug. 24, 2002,expired Feb. 10, 2003. Amended: Filed May9, 2002, effective March 1, 2003. Amended:Filed Aug. 14, 2002, effective March 30,2003. Amended: Filed Dec. 30, 2003, effec-tive 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.

3 CSR 10-9.359 Class I and Class IIWildlife Breeder: Records Required

PURPOSE: This rule requires each wildlifebreeder to submit a report of his/her activi-ties.

Each Class I and Class II wildlife breedershall maintain a current record, by date, of alltransactions showing the place of origin andthe numbers and species of wildlife whichwere possessed, propagated, bought, sold,transported, shipped, given away, used, orwhich have died, on forms provided by thedepartment. These records and applicablestate and federal animal health records andpermits for each animal shall be maintainedon the premises of the wildlife breeder andshall be subject to inspection by an authorizedagent of the department at any reasonabletime.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule was previously filed as3 CSR 10-10.753. This version of rule filedAug. 16, 1973, effective Dec. 31, 1973.Amended: Filed July 30, 1979, effective Jan.1, 1980. Amended: Filed Aug. 6, 1985, effec-tive Jan. 1, 1986. Amended: Filed June 9,1993, effective Jan. 31, 1994. Amended:Filed June 11, 1997, effective March 1, 1998.Amended: Filed May 9, 2002, effectiveMarch 1, 2003. Amended: Filed Oct. 2,2006, effective Feb. 28, 2007.

3 CSR 10-9.415 Wildlife RehabilitationPermit

PURPOSE: This rule is being established toprovide specific authority for qualified indi-viduals or entities to hold wildlife for reha-bilitation.

(1) A permit to take, possess, transport andhold in captivity for rehabilitation, sick orinjured wildlife of Missouri origin. Wildlifemay not be propagated, sold, exhibited, givenaway, held more than one hundred twenty(120) days, released or otherwise disposed ofexcept as authorized by an agent of thedepartment. This permit may be issued onlyto individuals or organizations qualified torehabilitate wildlife through graduation froma school of veterinary medicine or other sub-stantive training and experience in wildliferehabilitation.

(2) Species authorized to be held are limitedto those specified on the permit. Any traps,nets or other devices used to take sick orinjured wildlife under this permit shall beattended daily, or be constantly attended if sostated on the permit, and labeled with thepermit holder’s full name and address. Thenames and addresses of persons assistingunder the direct supervision of the holder ofthe permit shall be submitted to the local con-servation agent in writing before assistancecan be rendered. This permit does not relievethe holder of full compliance with other pro-visions of the Code or other state and federalrequirements. The wildlife rehabilitation per-mit is not valid until signed.

(3) Animals held for rehabilitation mustremain at the location specified on the permitor a veterinarian’s premises except as other-wise authorized in writing by the director.The permit holder will confine the wildlifefor public safety in a humane and sanitarycondition acceptable to the Department ofConservation.

(4) Each permit holder shall maintain a cur-rent record, on forms furnished by the depart-ment, of each animal received, rehabilitated,destroyed or released. These records shall beavailable for inspection by an authorizedagent of the commission at any reasonabletime.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.615. Original rule filed Aug. 1,1980, effective Jan. 1, 1981. Amended: FiledJuly 31, 1981, effective Jan. 1, 1982. Amend-ed: Filed Aug. 29, 1983, effective Jan. 1,1984. Amended: Filed Dec. 4, 1984, effectiveMarch 11, 1985. Amended: Filed May 10,1990, effective Jan. 1, 1991. Amended: FiledSept. 10, 1991, effective Feb. 6, 1992.Changed to 3 CSR 10-9.415, effective Jan. 1,1994.



Secretary of State



3 CSR 10-9.420 Wildlife Hobby Permit

PURPOSE: This rule establishes a permit topossess certain forms of wildlife for personaluse but not for sale.

(1) A wildlife hobby permit authorizes theholder to purchase, possess and propagate notmore than fifty (50) ring-necked pheasantsand bobwhite quail, in the aggregate, for per-sonal use only and not for sale; and to holdin captivity not more than one (1) gamemammal purchased from a Missouri wildlifebreeder permit holder, except that Class IIwildlife, hoofed mammals and skunks maynot be held under this permit. Game mam-mals may be held in captivity but may not bepropagated or sold. This permit shall beobtained prior to receipt of wildlife. The per-mittee must furnish proof that game mam-mals and birds were legally obtained.Wildlife must be confined in humane andsanitary facilities that meet standards speci-fied in 3 CSR 10-9.220. Wildlife may be dis-posed of only in accordance with instructionsof an agent of the department but may not bereleased, sold or given away. The permittee issubject to all provisions of section 578.023,RSMo.

(2) Banded birds possessed under this permitmay be temporarily released and recapturedwhen training dogs. Any device used torecapture birds in accordance with this provi-sion must be labeled with the user’s fullname, address and wildlife hobby permitnumber and be attended daily. Fee: ten dol-lars ($10).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.620. Original rule filed Aug. 27,1975, effective Dec. 31, 1975. Amended:Filed July 13, 1976, effective Dec. 31, 1976.Amended: Filed Aug. 31, 1979, effective Jan.1, 1980. Amended: Filed Aug. 29, 1980,effective Jan. 1, 1981. Amended: Filed Aug.3, 1984, effective Jan. 1, 1985. Amended:Filed Aug. 7, 1986, effective Jan. 1, 1987.Amended: Filed Aug. 8, 1989, effective Jan.1, 1990. Amended: Filed May 10, 1990,effective Jan. 1, 1991. Emergency amendmentfiled Nov. 2, 1992, effective Jan. 1, 1993,expired Jan. 15, 1993. Amended: Filed June2, 1992, effective Jan. 15, 1993. Amended:Filed June 9, 1993, effective Jan. 1, 1994.Amended: Filed April 27, 1994, effective Jan.1, 1995. Amended: Filed June 11, 1997,effective March 1, 1998. Amended: FiledApril 24, 2000, effective March 1, 2001.

3 CSR 10-9.425 Wildlife Collector’s Permit

PURPOSE: This rule establishes a permitunder which wildlife may be taken for scien-tific purposes.

(1) A permit to collect, possess, mount orpreserve wildlife for scientific related pur-poses:

(A) Wildlife Collector’s Permit for Scien-tific Purposes. Wildlife collector’s permitsmay be granted to an authorized representa-tive of a university, college, school, incorpo-rated city, state or federal agency, publicly-owned zoo, or wildlife or researchorganization or other qualified individual;provided, that the collection shall be usedexclusively for scientific, educational ormuseum purposes. Fee: five dollars ($5).

(B) Wildlife Collector Permit for SpecialCollections of Wildlife. Wildlife collector’spermits may be issued to professionally qual-ified individuals who charge a fee for biolog-ical studies for specific projects where thepotential results are of sufficient public valueand interest to justify special collection ofwildlife. Fee: fifty dollars ($50).

(2) General Requirements for Permit Hold-ers. Species and numbers of each to be col-lected and collecting methods are limited tothose specified on the permit. Advance noti-fication shall be given to the conservationagent or Protection Division regional super-visor in the county or area as to where andwhen the collecting will be done. The permitholder’s name, address and wildlife collec-tor’s permit number shall be on all trappingand netting devices. The traps, nets or otherdevices used under this permit shall beattended at least daily, or be constantlyattended if so stated on the permit. The col-lected specimens shall be donated to a muse-um or educational institution or disposed ofin accordance with instructions of the direc-tor. Wildlife held under a wildlife collector’spermit may be propagated but shall not besold or exhibited commercially. When hold-ing live specimens, permit holders arerequired to adhere to wildlife confinementstandards set forth in 3 CSR 10-9.220. Thenames and addresses of persons collectingunder the direct supervision of the holder ofthe permit shall accompany the applicationfor the permit. Field collection must be con-ducted under the in-person supervision of thepermit holder. This permit does not relievethe holder of full compliance with other pro-visions of the Code or other state and federalrequirements.

(3) The wildlife collector’s permit is not validuntil signed by the permit holder. The permitis valid for one (1) year from January 1. The

permit holder shall submit a wildlife collec-tor’s permit report to the department withinthirty (30) days of the permit’s expirationdate. Issuance of permits for the followingyear shall be conditioned on compliance withthis Code, specified conditions of the permitand receipt of a satisfactory wildlife collec-tor’s permit report. Department volunteers,working on authorized wildlife collectionprojects, are exempt from the requirements ofthis section.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.605. Original rule filed Aug. 16,1973, effective Dec. 31, 1973. Amended:Filed Aug. 4, 1978, effective Jan. 1, 1979.Changed to 3 CSR 10-9.425, filed March 24,1993 and May 13, 1993, effective Jan. 1,1994. Amended: Filed May 9, 2002, effectiveJan. 1, 2003. Amended: Filed Sept. 29,2004, effective Feb. 28, 2005. Amended:Filed Oct. 2, 2006, effective Feb. 28, 2007.

3 CSR 10-9.430 Bird Banding

PURPOSE: This rule authorizes bird bandingby persons holding a federal permit.

Birds may be livetrapped for banding andreleased by persons holding a valid federalpermit.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.610. Original rule filed July 23,1974, effective Dec. 31, 1974. Changed to 3CSR 10-9.430, effective Jan. 1, 1994.

3 CSR 10-9.440 Resident Falconry Permit

PURPOSE: This rule establishes a permit forresidents of the state to engage in falconry.

To take, and possess alive, birds of prey andto use birds of prey to take other wildlife.Fee: sixty dollars ($60). This permit shallremain valid for three (3) years from date ofissuance.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-5.295. Original rule filed Aug. 15,1973, effective Dec. 31, 1973. Amended:Filed Aug. 3, 1984, effective Jan. 1, 1985.Changed to 3 CSR 10-9.440, effective Jan. 1,1994. Amended: Filed April 25, 1996, effec-tive March 1, 1997. Amended: Filed Sept.29, 2004, effective Feb. 28, 2005.



Secretary of State


3 CSR 10-9.442 Falconry

PURPOSE: This rule establishes provisionsfor hunting with birds of prey.

(1) Birds of prey may be taken, transported,possessed or used to take wildlife only byholders of a falconry permit, to be issuedonly to residents qualified by passing with ascore of at least eighty percent (80%) a writ-ten examination meeting federal standardsand whose facilities and equipment meetrequirements specified in this rule. Thebarter, sale, purchase, importation or expor-tation of raptors without a permit is prohibit-ed.

(2) Only designated types and numbers ofbirds of prey may be possessed and all thesebirds shall bear a numbered, nonreuseablemarker provided by the department. Birdsheld under a falconry permit may be used,without further permit, to pursue and takewildlife within the following seasons and baglimits:

(A) Cottontail and swamp rabbits may betaken from October 1 to March 31. Dailylimit: six (6) rabbits including no more thantwo (2) swamp rabbits; possession limit:twelve (12) rabbits including no more thanfour (4) swamp rabbits.

(B) Squirrels may be taken from the Satur-day before Memorial Day to February 1.Daily limit: two (2) squirrels; possessionlimit: four (4) squirrels.

(C) Quail may be taken from October 1 toJanuary 15. Daily limit: three (3) quail; pos-session limit: six (6) quail.

(D) Doves may be taken from September 1to December 16 from one-half (1/2) hourbefore sunrise to sunset. Daily limit: three (3)doves; possession limit: six (6) doves, exceptthat any waterfowl taken by falconers must beincluded within these limits.

(E) Ducks, mergansers and coots may betaken from one-half (1/2) hour before sunriseto sunset as follows: in the North Zone,September 9 through September 24 andOctober 28 through December 26, andFebruary 10 through March 10; in the Mid-dle Zone, September 9 through September24, November 4 through January 2, andFebruary 10 through March 10; and, in theSouth Zone, September 9 through September24, November 24 through January 22, andFebruary 10 through March 10. Daily limit:three (3) birds singly or in the aggregate,including doves; possession limit: six (6)birds singly or in the aggregate, includingdoves.

(F) Pheasants of either sex and gray par-tridge may be taken in the areas and during

the periods and within the bag and possessionlimits listed in 3 CSR 10-7.430.

(G) Other wildlife may be taken only with-in the specified seasons and bag limits, exceptthat nonmigratory game species may be takenoutside of the specified falconry seasons witha daily limit of one (1) per raptor per day.

(3) Nonresidents with valid Missouri huntingpermits may use birds of prey properlylicensed in other states to take wildlife duringthe open season; provided, that these proper-ly licensed falcons, without further permit,may be entered and used by nonresidents totake wildlife in any regional or national fal-conry field trial authorized by letter from thedirector.

(4) Applicants for permits shall submit anapplication with information including thenumber of raptors possessed and the species,age, sex, date of acquisition and source ofeach. Falconry permits are issued by classesas follows:

(A) Apprentice Class—Permittees shall beat least fourteen (14) years old and shall havea sponsor holding a general or master falcon-ry permit. A sponsor shall have no more thanthree (3) apprentices at any one (1) time. Anapprentice may possess only one (1) Ameri-can kestrel (Falco sparverius) or one (1) red-tailed hawk (Buteo jamaicensis) or one (1)red-shouldered hawk (Buteo lineatus) andmay obtain not more than one (1) replacement raptor during any twelve (12)-month period.

(B) General Class—Permittees shall be atleast eighteen (18) years old and shall have atleast two (2) years’ experience in falconry atthe apprentice level. A general falconer maynot possess more than two (2) raptors of thefamily Accipitridae, or of the family Fal-conidae, or the great horned owl (Bubo vir-ginianus) of the family Strigidae; but not toinclude any eagle or any threatened or endan-gered species. A general falconer shall notobtain more than two (2) raptors for replace-ments during any twelve (12)-month period.

(C) Master Class—Permittees shall have atleast five (5) years’ experience in falconry atthe general class level and shall not possessmore than three (3) raptors of the familyAccipitridae, or of the family Falconidae, orthe great horned owl (Bubo virginianus) ofthe family Strigidae; but not to include anygolden eagle (Aquila chrysaetos) except bywritten federal authorization, nor more thanone (1) threatened species, nor any endan-gered species. A master falconer shall notobtain more than two (2) raptors taken fromthe wild for replacements during any twelve(12)-month period.

(5) Applicants’ facilities for raptors shall beinspected and certified to meet the followingstandards. Applicants may utilize only one(1) facility (mews or weathering area) provid-ed it meets all requirements for protectiondescribed in this section.

(A) Indoor facilities (mews) shall be largeenough to allow easy access for caring for theraptors. Raptors shall be tethered or separat-ed by partitions and each bird shall be pro-vided enough area to allow it to fully extendits wings. There shall be adequate perches, asecure door easily closed and at least one (1)window protected on the inside by verticalbars spaced narrower than the width of thebird’s body. The floor shall be well drainedand shall permit easy cleaning.

(B) Outdoor (weathering area) facilitiesshall be fenced and covered with netting orwire or roofed, except for perches more thansix and one-half feet (6 1/2') high. Theenclosed area shall be large enough to ensurethat birds flying from a perch cannot strikethe fence. Raptors shall be provided adequateperches and protection from excessive sun,wind and inclement weather.

(6) Applicants for falconry permits shall pos-sess the following equipment:

(A) Jesses—at least one (1) pair of Alymerijesses or similar type constructed of pliableleather or suitable synthetic material for usewhen any raptor is flown free.

(B) Leashes and swivels—at least one (1)flexible, weather-resistant leash and one (1)strong swivel of acceptable falconry design.

(C) Bath container—a suitable containerfor each raptor two to six inches (2–6") deepand wider than the length of the raptor.

(D) Outdoor perches—a weathering areaperch of acceptable design for each raptor.

(E) Weighing device—a reliable scale orbalance suitable for weighing the raptors heldand graduated to increments of not more thanone-half (1/2) ounce (fifteen (15) grams).

(7) Raptors may be taken from the wild onlyas follows:

(A) Raptors shall be taken only in ahumane manner. Any device used to takebirds of prey shall be labeled with the nameand address of the user and shall be attendedby the user daily.

(B) Young birds not yet capable of flight(eyasses), except northern harriers (marshhawks), sharp-shinned hawks, Swainson’shawks, peregrine falcons, bald eagles, Mis-sissippi kites, barn owls, short-eared owlsand long-eared owls, may be taken only by ageneral or master falconer from May 1 toMay 7 and from June 1 to June 30, and nomore than two (2) eyasses, one (1) of which


may be a Cooper’s hawk, may be taken by afalconer during this period.

(C) First year (passage) birds may be takenfrom September 1 to January 21; providedthat permittees may retrap only their markedraptor at any time.

(D) Only American kestrels and greathorned owls may be taken when over one (1)-year old, except that raptors other than thoselisted in subsection (7)(B) of this rule, whentaken under a depredation or special purposefederal permit may be used by general andmaster falconer.

(E) Nonresidents who have valid falconrypermits issued by their state of residence,with written authorization of the director,may take from the wild and, when banded,possess and transport raptors under condi-tions and at those places and times as thedirector may specify; providing, that this per-son shall possess a valid Missouri nonresi-dent hunting permit. (Note: Persons trans-porting raptors so taken into another statealso must secure permission for the transferfrom the other state.)

(8) Special Provisions.(A) Persons lawfully possessing raptors

prior to December 31, 1976, in excess of thenumber permitted under this rule, or who failto meet the requirements of this rule, mayretain but not replace these raptors, whichshall be identified by permanent markers.

(B) No raptor shall be released to the wildwithout written authorization from theDepartment of Conservation. Markers shallbe removed from these birds and surrenderedto the department.

(C) Feathers from captive birds may beretained and exchanged by permittees onlyfor imping purposes.

(D) Permittees may trade or transfer rap-tors with other permittees only with a photo-copy of Federal Form 3-186A (MigratoryBird Acquisition/Disposition Report) submit-ted to the department within five (5) workingdays of the transfer and no money or otherconsideration may be involved, except thatpermittees may purchase, sell or barter onlycaptive-bred raptors marked with a seamless,numbered band, and that resident permitteesmay transfer raptors to other resident permit-tees for temporary holding provided a letterstating the names and addresses of both per-mittees and the raptor marker number is fur-nished to and in the possession of the permit-tee holding the raptor. The permitteetemporarily holding these raptors may exer-cise them.

(E) A permittee shall report by July 31each year a listing of all raptors possessed onJune 30, by species, marker number, sex, ageand the date and source of acquisition. The

same information shall be reported for rap-tors possessed or acquired since the previousreport but no longer possessed, with thesource and date acquired and the date andreason for termination of possession.

(F) Raptors that are bred in captivity andutilized for falconry shall not be treated asthreatened or endangered species for purpos-es of this rule.

(G) Except as provided in section (2), thepermittee shall leave any accidentally killedanimal where it lies, except that the raptormay feed upon the animal prior to leaving thesite of the kill.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-7.442. Original rule filed July 22,1974, effective Dec. 31, 1974. Amended:Filed July 13, 1976, effective Oct. 11, 1976.Amended: Filed April 20, 1978, effective July1, 1978. Emergency amendment filed July 28,1978, effective Sept. 1, 1978, expired Dec.29, 1978. Amended: Filed Aug. 4, 1978,effective Jan. 1, 1979. Amended: Filed Nov.1, 1978, effective Dec. 29, 1978. Amended:Filed July 27, 1982, effective Jan. 1, 1983.Amended: Filed Oct. 22, 1982, effective Dec.11, 1982. Amended: Filed April 25, 1983,effective Aug. 11, 1983. Amended: Filed Aug.29, 1983, effective Jan. 1, 1984. Amended:Filed Nov. 28, 1983, effective April 12, 1984.Amended: Filed Nov. 6, 1985, effective Dec.13, 1985. Amended: Filed Aug. 7, 1986,effective Jan. 1, 1987. Amended: Filed Sept.2, 1987, effective Oct. 11, 1987. Amended:Filed Sept. 12, 1988, effective Oct. 14, 1988.Emergency amendment filed Sept. 11, 1989,effective Sept. 22, 1989, expired Jan. 15,1990. Amended: Filed May 10, 1990, effec-tive Jan. 1, 1991. Emergency amendmentfiled Aug. 30, 1990, effective Oct. 1, 1990,expired Jan. 20, 1991. Amended: Filed Aug.30, 1990, effective Feb. 14, 1991. Emergencyamendment filed Sept. 10, 1991, effectiveSept. 21, 1991, expired Jan. 15, 1992.Amended: Filed Sept. 10, 1991, effective Feb.6, 1992. Emergency amendment filed Sept. 1,1992, effective Sept. 11, 1992, expired Jan.8, 1993. Amended: Filed Sept. 1, 1992,effective April 8, 1993. Amended: Filed Sept.10, 1993, effective Sept. 21, 1993. Amended:Filed April 21, 1993, effective Jan. 1, 1994.Changed to 3 CSR 10-9.442, effective Jan. 1,1994. Amended: Filed Aug. 30, 1994, effec-tive Sept. 9, 1994. Amended: Filed Aug. 30,1995, effective Sept. 10, 1995. Amended:Filed April 25, 1996, effective March 1,1997. Amended: Filed Aug. 27, 1996, effec-tive Sept. 6, 1996. Amended: Filed Aug. 29,1997, effective Sept. 9, 1997. Amended:Filed June 11, 1997, effective March 1, 1998.Amended: Filed Sept. 3, 1998, effective Sept.

15, 1998. Amended: Filed Sept. 1, 1999,effective Sept. 11, 1999. Amended: Filed Aug.28, 2000, effective Sept. 7, 2000. Amended:Filed Aug. 30, 2001, effective Sept. 15, 2001.Amended: Filed Aug. 30, 2002, effectiveSept. 10, 2002. Amended: Filed Sept. 5,2003, effective Sept. 19, 2003. Amended:Filed Aug. 30, 2004, effective Sept. 10, 2004.Amended: Filed Aug. 24, 2005, effectiveSept. 6, 2005. Amended: Filed Aug. 23,2006, effective Sept. 6, 2006.

3 CSR 10-9.560 Licensed Hunting PreservePermit

PURPOSE: This rule establishes a permit forlicensed shooting areas.

(1) To maintain and operate a licensed hunt-ing preserve and to propagate, hold in captiv-ity, hunt and sell only legally acquired pheas-ants, exotic partridges, quail and ungulates(hoofed animals).

(2) Any person applying to establish alicensed hunting preserve shall complete anapplication involving on-site inspections ofthe area prior to and following constructionactivities by an agent of the department todetermine that all provisions of this rule and3 CSR 10-9.565 are met before a permit isissued. Fees:

(A) Game Bird HuntingPreserve $100 valid for one (1) year

(B) Big Game HuntingPreserve $750 valid for three (3)

years

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This version of rule filed Jan. 19,1972, effective Feb. 1, 1972. This rule previ-ously filed as 3 CSR 10-10.760. Amended:Filed July 20, 1977, effective Jan. 1, 1978.Amended: Filed Jan. 30, 1984, effective June11, 1984. Amended: Filed Jan. 30, 1984,effective June 11, 1984. Amended: Filed June9, 1993, effective July 1, 1994. Amended:Filed May 9, 2002, effective March 1, 2003.Amended: Filed Oct. 2, 2006, effective Feb.28, 2007.

3 CSR 10-9.565 Licensed Hunting Pre-serve: Privileges

PURPOSE: This rule sets out the privilegesand requirements for licensed shooting areas.

(1) Licensed hunting preserves are subject toinspection by an agent of the department atany reasonable time. Animal health standardsand movement activities shall comply with allstate and federal regulations. Any personholding a licensed hunting preserve permit



Secretary of State


may release on his/her licensed hunting pre-serve only legally acquired pheasants, exoticpartridges, quail and ungulates (hoofed ani-mals) for shooting throughout the year, underthe following conditions:

(A) Game Bird Hunting Preserve.1. A game bird hunting preserve shall be

a single body of land not less than one hun-dred sixty (160) acres and no more than sixhundred forty (640) acres in size. Game birdhunting preserves may be dissected by publicroads, and shall be posted with signs speci-fied by the department

2. Only pheasants, exotic partridges andquail may be used on game bird hunting pre-serves.

3. Permits for game bird hunting pre-serves will not be issued:

A. For areas within five (5) miles ofany location where there is an ongoingdepartment game bird release program orwhere the most recent release of departmentgame birds has been made less than five (5)years prior to receipt of the application.

B. In any location where those activi-ties are considered by the department as like-ly to further jeopardize any species currentlydesignated by Missouri or federal regulationsas threatened or endangered wildlife.

4. Any person taking or hunting gamebirds on a licensed hunting preserve shallhave in his/her possession a valid small gamehunting permit or licensed hunting preservehunting permit, except that persons fifteen(15) years of age or younger, when accompa-nied by a properly licensed adult hunter, andresidents sixty-five (65) years of age andolder, may hunt without permit. Licensedhunting preserve hunting permits may beissued to persons without requiring display ofa hunter education certificate card for use ongame bird hunting preserves; provided s/he ishunting in the immediate presence of a prop-erly licensed adult hunter who has in his/herpossession a valid hunter education certificatecard.

5. Game birds may be taken in any num-ber on a hunting preserve and may be pos-sessed and transported from the preserve onlywhen accompanied by a receipt listing thedate, number and species taken, and name ofthe hunting preserve; or when accompaniedby an approved transportation sticker for eachgame bird taken. Transportation stickers mustbe purchased from the department by thehunting preserve permittee.

6. The permittee must release during theshooting season at least one (1) game bird peracre of hunting preserve, with at least one-half (1/2) of the birds to be bobwhite quail, ifquail are to be hunted outside the statewideseason.

7. The permittee may exercise privilegesprovided in 3 CSR 10-9.353 for game birdsheld under this permit in propagation or hold-ing facilities within or directly adjacent to thegame bird hunting preserve. Propagation orholding facilities may be separated from thehunting preserve by a public road, but mustbe directly adjacent. Any such propagation orholding facilities shall meet standards speci-fied in 3 CSR 10-9.220. Other propagation orholding facilities not contained within ordirectly adjacent to the hunting preserve arenot covered under the privileges of this rule.

(B) Big Game Hunting Preserve.1. The big game hunting preserve for

ungulates shall be a fenced single body ofland, not dissected by public roads, and notless than three hundred twenty (320) acresand no more than three thousand two hundred(3,200) acres in size. The hunting preserveshall not be cross-fenced into portions of lessthan three hundred twenty (320) acres. Thehunting preserve shall be fenced so as toenclose and contain all released game andexclude all hoofed wildlife of the state frombecoming a part of the enterprise and postedwith signs specified by the department. Fenceheight shall meet standards specified in 3CSR 10-9.220. Fencing for hogs shall beconstructed of twelve (12) gauge woven wire,at least five feet (5') high, and topped withone (1) strand of electrified wire. An addi-tional two feet (2') of such fencing shall beburied and angled underground toward theenclosure interior. A fence of equivalent orgreater strength and design to prevent theescape of hogs may be substituted with writ-ten application and approval by an agent ofthe department.

2. All elk, elk-hybrids, mule deer, andwhite-tailed deer introduced into a big gamehunting preserve shall meet the followingrequirements:

A. Animals shall be tagged or markedin a method allowing each individual animalto be uniquely identified.

B. Animals imported into Missourimust come from a herd that is enrolled andhas achieved a status two or higher in a Unit-ed States Department of Agriculture approvedor state-sponsored chronic wasting diseasemonitoring program—two (2) years ofsurveillance, advancement, and successfulcompletion of program requirements.

C. Animals from within Missourimust come from a herd comprised of animalsenrolled in a United States Department ofAgriculture approved or state-sponsoredchronic wasting disease monitoring program.

3. Effective January 1 of each year, onehundred percent (100%) of all elk, elk-hybrids, mule deer, and white-tailed deer

over twelve (12) months of age that die of anycause within a big game hunting preserveoperation, shall be tested for chronic wastingdisease at a federally approved laboratory, upto an annual total of ten (10) animals in theaggregate, except:

A. No testing is required for big gamehunting preserve operations that have notintroduced, during the past three (3) years,any elk, elk-hybrids, mule deer or white-tailed deer from a herd having a status lessthan three as documented through a UnitedStates Department of Agriculture approved orstate-sponsored chronic wasting disease mon-itoring program—three (3) years of surveil-lance, advancement, and successful comple-tion of program requirements.

B. No testing is required for elk, elk-hybrids, mule deer, and white-tailed deerdocumented through Missouri’s chronicwasting disease monitoring program as froma status five herd—five (5) years of surveil-lance, advancement, and successful comple-tion of program requirements.

C. One hundred percent (100%) of allelk, elk-hybrids, mule deer and white-taileddeer that are imported into Missouri that arefrom a herd having a status less than three asdocumented through a United States Depart-ment of Agriculture or state-sponsored chron-ic wasting disease monitoring program thatdie of any cause within a big game huntingpreserve shall be tested for chronic wastingdisease at a federally approved laboratory.

4. All permits issued by the state veteri-narian’s office allowing cervids to enter Mis-souri and all chronic wasting disease testresults must be kept by the permittee and aresubject to inspection by an agent of thedepartment at any reasonable time. All testresults documenting a positive case of chron-ic wasting disease shall be reported immedi-ately to an agent of the department.

5. The permittee may exercise privilegesprovided in 3 CSR 10-9.353 only for speciesheld within breeding enclosure(s) containedwithin or directly adjacent to the big gamehunting preserve. Any such breeding enclo-sure(s) shall meet standards specified in 3CSR 10-9.220. Breeding enclosures may beseparated from the hunting preserve by a pub-lic road, but must be directly adjacent. Otherbreeding enclosures not contained within ordirectly adjacent to the hunting preserve arenot covered under the privileges of this rule.

6. Any person taking or hunting ungu-lates on a big game hunting preserve shallhave in his/her possession a valid licensedhunting preserve hunting permit. The permit-tee shall attach to the leg of each ungulatetaken on the hunting preserve a locking legseal furnished by the department, for which


the permittee shall pay ten dollars ($10) perone hundred (100) seals. Any packaged orprocessed meat shall be labeled with thelicensed hunting preserve permit number.

7. Animal health standards and move-ment activities shall comply with all state andfederal regulations.

8. Big game hunting preserve permitteesshall report escaped animals immediately toan agent of the department.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-10.765. Original rule filed Jan. 19,1972, effective Feb. 1, 1972. Amended: FiledJune 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, effectiveJan. 1, 1986. Amended: Filed June 9, 1993,effective Jan. 1, 1994. Amended: Filed May30, 1995, effective Jan. 1, 1996. Amended:Filed April 25, 1996, effective March 1,1997. Emergency amendment filed March 11,2002, effective March 21, 2002, terminatedAug. 27, 2002. Amended: Filed March 11,2002, effective July 30, 2002. Emergencyamendment filed Aug. 14, 2002, effectiveAug. 24, 2002, expired Feb. 10, 2003.Amended: Filed Aug. 14, 2002, effectiveMarch 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, effectiveAug. 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, effectiveMarch 30, 2007.

3 CSR 10-9.566 Licensed Hunting Pre-serve: Records Required

PURPOSE: This rule requires that licensedhunting preserves maintain records on thepremises that would include information onspecies, purchase, sale, propagation, healthcertification, applicable permits and harvest,on a form furnished by the Department ofConservation.

(1) Big game hunting preserve permitteesshall keep a permanent record, by date, of thenumber of each species held, acquired, prop-agated, sold, released, the number of eachspecies taken on the preserve and the fullname, address, and permit number (if appli-cable) of each buyer, seller, shooter and/ortaker, on forms provided by the department.

(2) Game bird hunting preserve permitteesshall keep a permanent record of the numberof each species acquired, propagated, sold,released, the number of each species takenand the full name and address of the taker.

(3) These records and applicable state andfederal animal health records and permits foreach animal shall be maintained on thepremises of the licensed hunting preserve andshall be subject to inspection by an authorizedagent of the department at any reasonabletime.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Emergency rule filed March 11,2002, effective March 21, 2002, expired Sept.16, 2002. Original rule filed March 11, 2002,effective July 30, 2002. Amended: Filed Aug.30, 2002, effective March 1, 2003. Amended:Filed Sept. 29, 2004, effective Feb. 28, 2005.

3 CSR 10-9.570 Hound Running AreaOperator and Dealer Permit

PURPOSE: This rule establishes a permit foroperation of a running area for training orracing hounds.

To maintain and operate a hound running areaand to purchase, transport, propagate, hold incaptivity and sell to or release legallyacquired foxes and coyotes into a permittedhound running area. Fee: fifty dollars ($50).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed Sept. 29,1994, effective July 1, 1995. Amended: FiledMay 9, 2002, effective March 1, 2003.Amended: Filed Sept. 29, 2004, effective Feb.28, 2005.

3 CSR 10-9.575 Hound Running Area:Privileges, Requirements

PURPOSE: This rule sets out the privilegesand requirements for hound running areas.

(1) A permit may be granted after satisfacto-ry evidence by the applicant that his/her stockis from a legal source and that the foxes andcoyotes will be confined in humane and sani-tary facilities that meet standards specified in3 CSR 10-9.220. All stock acquired must befrom legal sources within the state.

(2) A hound running area shall be a singlebody of land as specified on the permit,fenced to enclose and contain all releasedfoxes and coyotes and to exclude all others,and posted with signs provided by the depart-ment. New areas approved after March 1,

2005 must be at least forty (40) acres in size.A minimum of one (1) dog-proof escape area(culvert, brush pile, fenced refuge or othersuitable structure) shall be provided per eachtwenty-five (25) acres, and be available foruse by foxes and coyotes any time dogs arepresent on the area. Escape areas shall not belocated immediately adjacent to each other.

(3) The holder of a Hound Running AreaOperator and Dealer Permit may obtain livefoxes and coyotes from a holder of a validtrapping permit as prescribed in 3 CSR 10-8.515(7). Permittees may also purchase foxesand coyotes from a holder of a Class IWildlife Breeder Permit or a holder of aHound Running Area Operator and DealerPermit. Foxes and coyotes may be held intemporary confinement facilities on thehound running area or another location spec-ified on the permit. These foxes and coyotesmay only be released into a permitted houndrunning area and must be individuallymarked with ear tags provided by the depart-ment for which the permittee shall pay fiftycents (50¢) per tag. These animals may notbe given away, released to the wild or export-ed, except with written authorization of thedirector.

(4) Foxes and coyotes in a hound running areamay be chased with dogs, but not with theintent to capture or kill.

(5) Prior to being chased, all newly-acquiredfoxes and coyotes shall be provided a mini-mum of seven (7) days to acclimate to thearea. Wildlife held under this permit are sub-ject to inspection by an agent of the depart-ment and this inspection may include removalof reasonable samples for biological examina-tion.

(6) Any person releasing dogs on a houndrunning area shall have in his/her possessiona valid Missouri small game hunting permit,except that Missouri residents fifteen (15)years of age and under and sixty-five (65)years of age and over are exempt from thisrequirement.

(7) The hound running area operator/dealershall keep an accurate permanent record onforms provided by the department of the sup-plier’s full name and address and number ofeach species held, captured, purchased, sold,propagated, released on the area or otherwisedisposed of. Ear tag numbers must also berecorded for each animal released into thearea. These records are subject to inspectionby an agent of the department at any reason-able time.



Secretary of State


AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed Sept. 29,1994, effective July 1, 1995. Amended: FiledJune 11, 1997, effective March 1, 1998.Amended: Filed April 30, 2001, effectiveSept. 30, 2001. Amended: Filed May 9, 2002,effective March 1, 2003. Amended: FiledOct. 9, 2003, effective March 30, 2004.Amended: Filed Sept. 29, 2004, effective Feb.28, 2005.

3 CSR 10-9.605 Wildlife Collector’s Permit(Moved to 3 CSR 10-9.425)

3 CSR 10-9.610 Bird Banding(Moved to 3 CSR 10-9.430)

3 CSR 10-9.615 Wildlife RehabilitationPermit(Moved to 3 CSR 10-9.415)

3 CSR 10-9.620 Wildlife Hobby Permit(Moved to 3 CSR 10-9.420)

3 CSR 10-9.625 Field Trial Permit

PURPOSE: This rule establishes a permit toconduct field trials and sets requirements forconducting these trials.

(1) To conduct a field trial on lands otherthan those owned or leased by the depart-ment, application for a permit must be madeto the department by a resident, and post-marked not less than ten (10) days prior to thetrial. The application shall specify location oftrial headquarters in Missouri, area where thetrial will be held, type of wildlife to bechased or pursued, approximate number ofhunters, approximate number of dogs andstarting and closing dates. A single trial per-mit shall not cover a period of more than ten(10) consecutive days. Fee: twenty dollars($20).

(2) Each permit holder shall record the namesand addresses of all participants for each trialheld, and shall maintain these records for one(1) year following the closing date of the trial.These records shall be subject to inspectionby an authorized agent of the department atany reasonable time.

(3) Future permits shall be conditioned oncompliance with this rule. Receipt by thedepartment of unresolved and repeated com-plaints from area landowners concerningoperation of the field trial may result in per-mit denial.

(4) A field trial permit does not authorizetrespass.

(5) Except as otherwise provided in this rule,permits will not be valid for hound field tri-als during or five (5) days prior to the springturkey or firearms deer hunting seasonsexcept on established field trial areas. Permitsfor raccoon field trails will be valid duringnighttime hours and provide for casting nomore than four (4) dogs at one time during orfive (5) days prior to the spring turkey hunt-ing season. In field trials under permit,wildlife not prohibited in 3 CSR 10-7.410may be chased by dogs under control but maybe pursued and taken only during the openseasons and only by persons possessing avalid hunting permit, except as provided insection (6) of this rule. The sponsoring orga-nization shall issue identification bearing thefield trial permit number to all persons with-out a valid hunting permit who enter dogs ina trial; provided, that this identification shallnot be required for trials held entirely on one(1) contiguous tract of land where an agent ofthe department is provided with a completelist of the names and addresses of all partici-pants before the trial.

(6) For game bird field trials:(A) Designated shooters, under the field

trial permit, may shoot only legally obtainedcaptive-reared quail, pheasants, exotic par-tridges and mallard ducks. The permit holdermay purchase quail and pheasants no morethan ten (10) days prior to a trial and holdthem no longer than ten (10) days after atrial.

(B) Quail, pheasants and exotic partridgesshall be marked with a permanent avian legband prior to release. Mallard ducks shall bemarked by removal of the hind toe from theright foot, or by tattooing a readily dis-cernible number or letter or combination onthe web of one (1) foot.

(C) Legally obtained quail, pheasants,exotic partridges and mallard ducks may betaken in any number during a field trial andmay be possessed and transported from thefield trial area by persons other than the fieldtrial permit holder only when accompaniedhunting by a receipt listing the date, numberand species, and name, address and permitnumber of the field trial permit holder. Inaddition, the marked foot must remainattached to mallard ducks.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed Aug. 27,1975, effective Dec. 31, 1975. Amended:

Filed July 30, 1979, effective Nov. 11, 1979.Amended: Filed Aug. 31, 1979, effective Jan.1, 1980. Amended: Filed Aug. 1, 1980, effec-tive Jan. 1, 1981. Amended: Filed Aug. 3,1984, effective Jan. 1, 1985. Amended: FiledAug. 6, 1985, effective Jan. 1, 1986. Amend-ed: Filed July 30, 1987, effective Jan. 1,1988. Amended: Filed May 10, 1990, effec-tive Jan. 1, 1991. Amended: Filed April 28,1992, effective Jan. 15, 1993. Amended:Filed June 9, 1993, effective July 1, 1994.Amended: Filed April 27, 1994, effective Jan.1, 1995. Amended: Filed May 30, 1995,effective Jan. 1, 1996. Amended: Filed May6, 1998, effective March 1, 1999. Amended:Filed April 24, 2000, effective March 1,2001. Amended: Filed April 30, 2001, effec-tive March 1, 2002. Amended: Filed May 9,2002, effective Oct. 30, 2002. Amended:Filed Oct. 9, 2003, effective March 30, 2004.Amended: Filed Sept. 29, 2004, effective Feb.28, 2005. Amended: Filed Oct. 2, 2006,effective March 30, 2007.

3 CSR 10-9.627 Dog Training Area Permit

PURPOSE: This rule establishes a permit tooperate a bird dog training area.

To operate a dog training area, and to pur-chase, hold, release and shoot on the trainingarea only legally acquired pheasants, exoticpartridge and quail. Fee: twenty dollars($20).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed Aug. 31, 1965,effective Dec. 31, 1965. Amended: Filed Aug.6, 1985, effective Jan. 1, 1986. Amended:Filed June 9, 1993, effective July 1, 1994.Amended: Filed April 27, 1994, effective Jan.1, 1995. Amended: Filed April 24, 2000,effective March 1, 2001. Amended: FiledAug. 30, 2002, effective March 1, 2003.Amended: Filed Oct. 2, 2006, effective Feb.28, 2007.

3 CSR 10-9.628 Dog Training Area: Privi-leges

PURPOSE: This rule clarifies the privilegesand responsibilities under this permit by cre-ation of a new rule, and clarifies that morethan one (1) dog training area permit may beissued for the same tract of land.

(1) A dog training area permit is required tooperate a dog training area, and to purchase,hold, release and shoot on the training areaonly legally acquired pheasants, exotic par-tridge and quail. Receipts for all game birdspurchased or held must be maintained, and



are subject to inspection by an authorizedagent of the department at any reasonabletime. Game birds held for more than twenty-four (24) hours must be confined in facilitiesthat meet standards specified in 3 CSR 10-9.220.

(2) Dog training areas shall be a single tractof land not more than forty (40) acres in sizeand posted with signs, which sign is includedherein, specified by the department. Multipledog training area permits may be issued for asingle tract of land.

(3) Shooting privileges shall be limited to theindividual permittee and not more than two(2) training assistants, whose names shall belisted on the permit application and specifiedin the permit. All shooters shall possess theprescribed hunting permit.

(4) Game birds taken on a dog training areamay be possessed and transported from thearea only when accompanied by a receipt list-ing the date, number and species taken, andthe dog training area permittee’s name andpermit number; or when accompanied by anapproved transportation sticker for each gamebird taken. Transportation stickers must bepurchased from the department by the dogtraining area permittee. Legally acquiredgame birds may be taken in any numbers onsuch areas.


Secretary of State




AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. This rule previously filed as 3CSR 10-9.627. Original rule filed Aug. 30,2002, effective March 1, 2003. Amended:Filed Oct. 9, 2003, effective March 30, 2004.Amended: Filed Oct. 2, 2006, effectiveMarch 30, 2007.

3 CSR 10-9.630 Confined Wildlife Permits:How Obtained, Replacements(Rescinded March 1, 2003)

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed July 30, 1979,effective Jan. 1, 1980. Amended: Filed Aug.1, 1980, effective Jan. 1, 1981. Amended:Filed June 9, 1993, effective July 1, 1994.Rescinded: Filed May 9, 2002, effectiveMarch 1, 2003.

3 CSR 10-9.640 Licensed Trout FishingArea Permit

PURPOSE: This rule establishes a LicensedTrout Fishing Area Permit.

To maintain and operate a licensed trout fish-ing area, and to stock legally acquired trout.Fee: one hundred dollars ($100).

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed April 24,2000, effective July 1, 2001.

3 CSR 10-9.645 Licensed Trout FishingArea Permit: Privileges, Requirements

PURPOSE: This rule delineates the privi-leges and requirements associated with theLicensed Trout Fishing Area Permit.

(1) A representative of the department shallinspect each proposed licensed trout fishingarea to determine that it meets all require-ments of this rule before a permit is issued.

(2) Permits will not be issued for water areaswhere:

(A) The department manages trout popula-tions that are maintained by stocking or natu-ral reproduction.

(B) The release of trout is likely to jeopar-dize any wildlife designated as a state or fed-eral threatened or endangered species.

(C) There is not year-round trout habitat.

(3) A permittee may release legally acquiredrainbow trout or brown trout for fishing andharvest throughout the year, under the fol-lowing conditions:

(A) The immediate source of the trout tobe stocked must be currently certified as neg-ative for viral hemorrhagic septicemia, infec-tious pancreatic necrosis, infectioushematopoietic necrosis, Myxobolus cerebralisor other diseases which may threaten fishstocks within the state, must have been certi-fied negative for the previous three (3) con-secutive years and must not pose a threat ofintroducing unwanted species. Certificationwill only be accepted from federal, state orindustry personnel approved by the depart-ment and only in accordance with provisionsof the fish importation permit regulations(see 3 CSR 10-9.110(4)).

(B) The permittee shall keep an accuraterecord of all trout of each species releasedinto and taken from the licensed trout fishingarea. These records shall be subject toinspection by an authorized agent of thedepartment at any reasonable time. The per-mittee shall provide each customer or guestwith a receipt indicating the date and numberof trout taken. Customers or guests mustretain this receipt during transport and stor-age of the trout.

(4) Customers or guests may fish for and takerainbow trout and brown trout in any numberswithin the licensed trout fishing area withoutadditional permits.

(5) A Licensed Trout Fishing Area Permit isnot required for stocking trout into animpoundment that is not subject to movementof fishes to and from waters of the state andis entirely confined and located completelyupon lands owned or leased by a single per-son or by two (2) or more persons jointly oras tenants in common or by corporate share-holders.

AUTHORITY: sections 40 and 45 of Art. IV,Mo. Const. Original rule filed April 24,2000, effective March 1, 2001. Amended:Filed May 9, 2002, effective March 1, 2003.Amended: Filed April 20, 2005, effectiveSept. 30, 2005.

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