This Missouri administrative regulation sets out the privileges and requirements for licensed shooting areas. Included are the regulations for game bird hunting areas and big game hunting preserves.
MISSOURI CODE OF STATE REGULATIONS
TITLE 3 - DEPARTMENT OF CONSERVATION
DIVISION 10 - CONSERVATION COMMISSION
CHAPTER 9 - WILDLIFE CODE: CONFINED WILDLIFE: PRIVILEGES, PERMITS, STANDARDS
The Missouri Administrative Code titles are current through June 30, 2007.
3 CSR 10-9.565 Licensed Hunting Preserve: Privileges
PURPOSE: This rule sets out the privileges and requirements for licensed shooting areas.
(1) Licensed hunting preserves are subject to inspection by an agent of the department at any reasonable time. Animal health standards and movement activities shall comply with all state and federal regulations. Any person holding a licensed hunting preserve permit may release on his/her licensed hunting preserve only legally obtained and captive-reared: pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed animals) for shooting throughout the year, under the following conditions:
(A) Game Bird Hunting Preserve.
1. A game bird hunting preserve shall be a single body of land not less than one hundred sixty (160) acres and no more than six hundred forty (640) acres in size. Game bird hunting preserves may be dissected by public roads, and shall be posted with signs specified by the department.
2. Only legally obtained and captive-reared: pheasants, exotic partridges, quail, and mallard ducks may be used on game bird hunting preserves.
3. Permits for game bird hunting preserves will not be issued:
A. For areas within five (5) miles of any location where there is an ongoing department game bird release program or where the most recent release of department game birds has been made less than five (5) years prior to receipt of the application.
B. In any location where those activities are considered by the department as likely to further jeopardize any species currently designated by Missouri or federal regulations as threatened or endangered wildlife.
C. For preserves using captive-reared mallard ducks, within five (5) miles of the following areas:
(I) Bob Brown Conservation Area
(II) Clarence Cannon National Wildlife Refuge
(III) Columbia Bottom Conservation Area
(IV) Coon Island Conservation Area
(V) Duck Creek Conservation Area
(VI) Eagle Bluffs Conservation Area
(VII) Fountain Grove Conservation Area
(VIII) Four Rivers Conservation Area
(IX) Grand Pass Conservation Area
(X) B. K. Leach Memorial Conservation Area
(XI) Marais Temps Clair Conservation Area
(XII) Mingo National Wildlife Refuge
(XIII) Montrose Conservation Area
(XIV) Nodaway Valley Conservation Area
(XV) Otter Slough Conservation Area
(XVI) Schell-Osage Conservation Area
(XVII) Settle's Ford Conservation Area
(XVIII) Squaw Creek National Wildlife Refuge
(XIX) Swan Lake National Wildlife Refuge
(XX) Ted Shanks Conservation Area
(XXI) Ten Mile Pond Conservation Area
4. Mallard ducks must be held in covered facilities that meet standards specified in 3 CSR 10-9.220, and may be possessed, released, and used on game bird hunting preserves only under the following conditions:
A. Mallard ducks may be taken, possessed, transported, and stored only as provided in this Code and federal regulations.
B. Mallard ducks must be physically marked prior to six (6) weeks of age by removal of the hind toe from the right foot, or by tattooing of a readily discernible number or letter or combination thereof on the web of one (1) foot.
C. Mallard ducks may be temporarily released for the sole purpose of flight training beginning one (1) hour after sunrise each day. Covered facilities must be designed to recapture such ducks, and a reasonable effort must be made to re-capture them by one (1) hour after sunset each day.
D. Mallard ducks may be released and taken only from September 1 through February 15 by hunting methods from one (1) hour after sunrise to one (1) hour before sunset, and only non-toxic shot may be used. Covered facilities must be designed and managed to re-capture any unharvested mallard ducks, and a reasonable effort must be made to re-capture ducks by one (1) hour after sunset each day.
E. Ducks which are not captive-reared may not be hunted on preserves using captive-reared mallard ducks, and all waterfowl except captive-reared mallard ducks must be flushed from the immediate hunting area prior to hunting activity.
5. Any person taking or hunting game birds on a licensed hunting preserve shall have in his/her possession a valid small game hunting permit or licensed hunting preserve hunting permit, except that persons fifteen (15) years of age or younger, when accompanied by a properly licensed adult hunter, and residents sixty-five (65) years of age and older, may hunt without permit. Licensed hunting preserve hunting permits may be issued to persons without requiring display of a hunter education certificate card for use on game bird hunting preserves; provided s/he is hunting in the immediate presence of a properly licensed adult hunter age eighteen (18) or older who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967.
6. Game birds, other than captive-reared mallard ducks, may be taken in any number on a hunting preserve and may be possessed and transported from the preserve only when accompanied by a receipt listing the date, number, and species taken, and name of the hunting preserve; or when accompanied by an approved transportation sticker for each game bird taken. Transportation stickers must be purchased from the department by the hunting preserve permit holder.
7. Captive-reared mallard ducks may be taken in any number on a hunting preserve and may be possessed and transported from the preserve only when accompanied by a receipt listing the date, number, and species taken, and the hunting preserve permit holder's name and address. In addition, the marked foot must remain attached to mallard ducks.
8. The hunting preserve permit holder may exercise privileges provided in 3 CSR 10-9.353 for game birds held under this permit in propagation or holding facilities within or directly adjacent to the game bird hunting preserve. Propagation or holding facilities may be separated from the hunting preserve by a public road, but must be directly adjacent. Any such propagation or holding facilities shall meet standards specified in 3 CSR 10-9.220. Other propagation or holding facilities not contained within or directly adjacent to the hunting preserve are not covered under the privileges of this rule.
NOTE: (See rule 3 CSR 10-7.440, and for federal regulations on migratory waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal Regulations.)
(B) Big Game Hunting Preserve.
1. A big game hunting preserve for ungulates shall be a fenced single body of land, not dissected by public roads, and not less than three hundred twenty (320) acres and no more than three thousand two hundred (3,200) acres in size. The hunting preserve shall not be cross-fenced into portions of less than three hundred twenty (320) acres. The hunting preserve shall be fenced so as to enclose and contain all released game and exclude all hoofed wildlife of the state from becoming a part of the enterprise and posted with signs specified by the department. Fence height shall meet standards specified in 3 CSR 10-9.220. Fencing for hogs shall be constructed of twelve (12) gauge woven wire, at least five feet (5′) high, and topped with one (1) strand of electrified wire. An additional two feet (2′) of such fencing shall be buried and angled underground toward the enclosure interior. A fence of equivalent or greater strength and design to prevent the escape of hogs may be substituted with written application and approval by an agent of the department.
2. The permittee may exercise privileges provided in 3 CSR 10-9.353 only for species held within breeding enclosure(s) contained within or directly adjacent to the big game hunting preserve. Any such breeding enclosure(s) shall meet standards specified in 3 CSR 10-9.220. Breeding enclosures may be separated from the hunting preserve by a public road, but must be directly adjacent. Other breeding enclosures not contained within or directly adjacent to the hunting preserve are not covered under the privileges of this rule.
3. Any person taking or hunting ungulates on a big game hunting preserve shall have in his/her possession a valid licensed hunting preserve hunting permit. The permittee shall attach to the leg of each ungulate taken on the hunting preserve a locking legseal furnished by the department, for which the permittee shall pay ten dollars ($10) per one hundred (100) seals. Any packaged or processed meat shall be labeled with the licensed hunting preserve permit number.
4. Animal health standards and movement activities shall comply with all state and federal regulations. (Refer to Missouri Department of Agriculture for applicable Chronic Wasting Disease rules and regulations.)
5. Big game hunting preserve permittees shall report escaped animals immediately to an agent of the department.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000. [FNa] This rule previously filed as 3 CSR 10-10.765. Original rule filed Jan. 19, 1972, effective Feb. 1, 1972. Amended: Filed June 3, 1976, effective Sept. 12, 1976. Amended: Filed July 20, 1977, effective Jan. 1, 1978. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Amended: Filed Jan. 30, 1984, effective June 11, 1984. Amended: Filed March 5, 1985, effective June 14, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed June 9, 1993, effective Jan. 1, 1994. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. Emergency amendment filed March 11, 2002, effective March 21, 2002, terminated Aug. 27, 2002. Amended: Filed March 11, 2002, effective July 30, 2002. Emergency amendment filed Aug. 14, 2002, effective Aug. 24, 2002, expired Feb. 10, 2003. Amended: Filed Aug. 14, 2002, effective March 30, 2003. Amended: Filed Aug. 30, 2002, effective June 30, 2003. Amended: Filed Oct. 9, 2003, effective March 30, 2004. Amended: Filed March 4, 2004, effective Aug. 30, 2004. Amended: Filed Aug. 30, 2004, effective Jan. 30, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 2, 2006, effective March 30, 2007. Amended: Filed March 19, 2007, effective April 1, 2007. Amended: Filed Oct. 10, 2008, effective April 30, 2009. Amended: Filed March 23, 2009, effective March 1, 2010.
[FNa] Original authority: 252.240, RSMo 1972, amended 1984.