3 CSR 10-9.565 - Licensed Hunting Preserve: Privileges
(1) Licensed hunting preserves are subject to
inspection by an agent of the department at any reasonable time. Animal health
standards and movement activities shall comply with all state and federal
regulations. Any person holding a licensed hunting preserve permit may release
on his/her licensed hunting preserve only legally obtained and captive-reared:
pheasants, exotic partridges, quail, mallard ducks, and ungulates (hoofed
animals) specifically authorized by the Approved Confined Wildlife Species List
in 3 CSR 109.105(7) for game bird hunting preserves and big game hunting
preserves for hunting throughout the year, under the following conditions:
(A) Game Bird Hunting Preserve.
1. A game bird hunting preserve shall be a
single body of land not less than one hundred sixty (160) acres and no more
than six hundred forty (640) acres in size. Game bird hunting preserves may be
dissected by public roads, and shall be posted with signs specified by the
department.
2. Only legally
obtained and captive-reared: pheasants, exotic partridges, quail, and mallard
ducks may be used on game bird hunting preserves.
3. Permits for game bird hunting preserves
will not be issued-
A. For areas within five
(5) miles of any location where there is an ongoing department game bird
release program or where the most recent release of department game birds has
been made less than five (5) years prior to receipt of the
application;
B. In any location
where those activities are considered by the department as likely to further
jeopardize any species currently designated by Missouri or federal regulations
as threatened or endangered wildlife; and
C. For preserves using captive-reared mallard
ducks, within five (5) miles of the following areas:
(I) Brown (Bob) Conservation Area;
(II) Clarence Cannon National Wildlife
Refuge;
(III) Columbia Bottom
Conservation Area;
(IV) Coon Island
Conservation Area;
(V) Duck Creek
Conservation Area;
(VI) Eagle
Bluffs Conservation Area;
(VII)
Fountain Grove Conservation Area;
(VIII) Four Rivers Conservation
Area;
(IX) Grand Pass Conservation
Area;
(X) Leach (B. K.) Memorial
Conservation Area;
(XI) Loess
Bluffs National Wildlife Refuge;
(XII) Mara is Temps Clair Conservation
Area;
(XIII) Mingo National
Wildlife Refuge;
(XIV) Montrose
Conservation Area;
(XV) Nodaway
Valley Conservation Area;
(XVI)
Otter Slough Conservation Area;
(XVII) Schell-Osage Conservation
Area;
(XVIII) Settle's Ford
Conservation Area;
(XIX) Shanks
(Ted) Conservation Area;
(XX) Swan
Lake National Wildlife Refuge; and
(XXI) Ten Mile Pond Conservation
Area;
4.
Mallard ducks must be held in covered facilities that meet standards specified
in 3 CSR
10-9.220, and may be possessed, released, and used on
game bird hunting preserves only under the following conditions-
A. Mallard ducks may be taken, possessed,
transported, and stored only as provided in this Code and federal
regulations;
B. Mallard ducks must
be physically marked prior to six (6) weeks of age by removal of the hind toe
from the right foot, or by tattooing of a readily discernible number or letter
or combination thereof on the web of one (1) foot;
C. Mallard ducks may be temporarily released
for the sole purpose of flight training beginning one (1) hour after sunrise
each day. Covered facilities must be designed to re-capture such ducks, and a
reasonable effort must be made tore-capture them by one (1) hour after sunset
each day;
D. Mallard ducks may be
released and taken only from September 1 through February 15 by hunting methods
from one (1) hour after sunrise to one (1) hour before sunset, and only
non-toxic shot may be used. Covered facilities must be designed and managed to
re-capture any unharvested mallard ducks, and a reasonable effort must be made
to re-capture ducks by one (1) hour after sunset each day; and
E. Ducks which are not captive-reared may not
be hunted on preserves using captive-reared mallard ducks, and all waterfowl
except captive-reared mallard ducks must be flushed from the immediate hunting
area prior to hunting activity.
5. Any person taking or hunting game birds on
a licensed hunting preserve shall have in his/her possession a valids mall game
hunting permit or licensed hunting preserve hunting permit, except that persons
fifteen (15) years of age or younger, when accompanied by a properly licensed
adult hunter, and residents sixty-five (65) years of age and older, may hunt
without permit. Licensed hunting preserve hunting permits may be issued to
persons without requiring display of a hunter education certificate card for
use on game bird hunting preserves; provided s/he is hunting in the immediate
presence of a properly licensed adult hunter age eighteen (18) or older who has
in his/her possession a valid hunter education certificate card or was born
before January 1, 1967.
6. Game
birds, other than captive-reared mallard ducks, may be taken in any number on a
hunting preserve and maybe possessed and transported from the preserve only
when accompanied by a receipt listing the date, number, and species taken, and
name of the hunting preserve; or when accompanied by an approved transportation
sticker for each game bird taken. Transportation stickers must be purchased
from the department by the hunting preserve permit holder, for which the
permittee shall pay thirteen dollars ($13) per one hundred (100)
stickers.
7. Captive-reared mallard
ducks may be taken in any number on a hunting preserve and may be possessed and
transported from the preserve only when accompanied by a receipt listing the
date, number and species taken, and the hunting preserve permit holder's name
and address. In addition, the marked foot must remain attached to mallard
ducks.
8. The hunting preserve
permit holder may exercise privileges provided in
3 CSR
10-9.353 for game birds held under this permit in
propagation or holding facilities within or directly adjacent to the game bird
hunting preserve. Propagation or holding facilities may be separated from the
hunting preserve by a public road, but must be directly adjacent. Any such
propagation or holding facilities shall meet standards specified in
3 CSR
10-9.220. Other propagation or holding facilities not
contained within or directly adjacent to the hunting preserve are not covered
under the privileges of this rule; NOTE: (See rule
3 CSR
10-7.440, and for federal regulations on migratory
waterfowl, see Title 50, Parts 20 and 21 of the Code of Federal
Regulations.)
(B) Big
Game Hunting Preserve.
1. A big game hunting
preserve for ungulates shall be a fenced single body of land, not dissected by
public roads, and not less than three hundred twenty (320) acres and no more
than three thousand two hundred (3,200) acres in size. The hunting preserve
shall not be cross-fenced into portions of less than three hundred twenty (320)
acres. The hunting preserve shall be fenced so as to enclose and contain all
released game and exclude all hoofed wildlife of the state from becoming a part
of the enterprise and posted with signs specified by the department. Fence
requirements shall meet standards specified in
3 CSR
10-9.220. Fencing for hogs shall be constructed of
twelve (12) gauge woven wire, at least five feet (5') high, and topped with one
(1) strand of electrified wire. An additional two feet (2') of such fencing
shall be buried and angled underground toward the enclosure interior. A fence
of equivalent or greater strength and design to prevent the escape of hogs may
be substituted with written application and approval by an agent of the
department.
2. Breeding
enclosure(s) contained within or directly adjacent to the big game hunting
preserve must obtain a separate Class III Wildlife Breeder Permit for those
species (including their hybrids) listed on the Approved Confined Wildlife
Species List in 3 CSR 10-9.105 for Class III
wildlife breeders. Any animal entering a big game hunting facility may not
reenter a breeding facility. All cervids entering a big game hunting preserve
must maintain one (1) of the identification requirements contained in
3 CSR
10-9.354(6)(A). Any natural additions
must meet one (1) of these identification requirements upon harvest or death
for recordkeeping purposes. For the purposes of the identification requirement
of this paragraph, an animal has entered a big game hunting preserve when it
has physically entered the preserve or when the animal has been identified on
the Movement Certificate required by this rule, and the big game hunting
preserve permittee has used the department-provided database to transfer the
animal into their inventory on the same day as movement to the
preserve.
3. Any person taking or
hunting ungulates on a big game hunting preserve shall have in his/her
possession a valid licensed hunting preserve hunting permit. The permittee
shall attach to the leg of each ungulate taken on the hunting preserve a
locking leg seal furnished by the department, for which the permittee shall pay
eleven dollars ($11) per one hundred (100) seals. Any packaged or processed
meat shall be labeled with the licensed hunting preserve permit
number.
4. The holder of a Big Game
Hunting Preserve Permit may only receive animals and conduct hunts if they
maintain hunt-qualified status. Big Game Hunting Preserve Permit holders will
attain and maintain hunt-qualified status if they maintain inventory records
(including identification requirements) as required in this chapter, submit
Chronic Wasting Disease samples as required in this chapter, and maintain all
fences as required in this chapter. A Big Game Hunting Preserve Permit holder
will lose hunt-qualified status if, after issuance of a notice of discrepancy
by the department indicating violations of any of the requirements of this
paragraph, the permit holder fails to correct the deficiency within thirty (30)
days, or longer if approved by a conservation agent pursuant to a corrective
action plan. Hunt-qualified status will be reinstated when the permit holder
receives notice from the department that the discrepancy has been corrected.
Receiving animals or conducting hunts in violation of this paragraph or
maintaining non-hunt-qualified status for ninety (90) consecutive days or more
shall be sufficient cause for permit suspension or revocation.
5. The holder of a Big Game Hunting Preserve
Permit must test mortalities of male cervids over twelve (12) months of age for
Chronic Wasting Disease (CWD), a transmissible spongiform encephalopathy as
provided in this rule. Samples must be collected by an accredited veterinarian
or department-certified collector. Samples must be submitted to a diagnostic
laboratory approved by the United States Department of Agriculture (USDA) for
CWD testing within thirty (30) days of death. The department reserves the right
to require additional sampling and testing during disease investigations or
morbidity/mortality events. Animal health standards and movement activities
shall comply with all state and federal regulations.
6. For purposes of this section, eligible
mortalities mean mortalities of all male cervids at least 12 months of age
occurring between April 1 of the previous permit year and March 31 of the
current permit year. Any new permit holder or permit holder as of July 1, 2021,
that failed to test one hundred percent (100%) of all mortalities during the
previous permit year shall have Tier 1 status, and shall test one hundred
percent (100%) of eligible mortalities. Any permit holder as of July 1, 2021,
who can demonstrate they tested one hundred percent (100%) of all mortalities
during the previous permit year or any Tier 1 permit holder that submits the
required valid samples of eligible mortalities during the previous year shall
have Tier 2 status, and shall test fifty percent (50%) of eligible
mortalities.
7. At least eighty
percent (80%) of required tests as described in the previous paragraph must
produce valid sample results by the diagnostic laboratory. To be considered a
sample that produced a valid test result, the sample must have been suitable,
testable, and not rejected by the diagnostic laboratory for any other reason.
If less than eighty percent (80%) of samples are valid, then the permit holder
must provide sufficient samples to achieve the eighty percent (80%)
requirement. Replacement samples may consist of either postmortem samples at a
1:1 ratio, or ante-mortem samples at a 3:1 ratio from other animal(s) of
similar age and time in the facility. For purposes of this rule, an ante-mortem
CWD test is not valid unless it is performed by an accredited veterinarian on
retropharyngeal lymph node, rectal mucosa, or tonsillar tissue with at least
six (6) lymphoid follicles submitted within thirty (30) days of collection on
an animal that is at least eighteen (18) months of age and has not been source
of antemortem testing within the prior twenty-four (24) months.
8. Samples in which the infectious CWD prion
is detected will be considered CWD-suspect pending confirmation at the USDA
National Veterinary Services Laboratory. Any facility with a CWD-suspect or
confirmed positive sample will immediately be quarantined by the state wildlife
veterinarian, and no movement certificates allowing movement into the facility
will be issued except as authorized by the state wildlife veterinarian in
accordance with an approved herd disease response plan. Additionally, any
facility that is or has been in possession of a deer that was in a CWD-suspect
or CWD-confirmed positive facility shall be quarantined, and no movement
certificates allowing movement into the facility will be issued until it is
determined that the facility is not epidemiologically linked to the CWD-suspect
or confirmed positive deer or is determined upon further testing that the
suspect deer is not a confirmed positive.
9. Big game hunting preserve permittees shall
report escaped animals and entry of any free-ranging cervids into the facility
immediately to a conservation agent.
10. The holder of a Big Game Hunting Preserve
Permit must ensure that all CWD test results required by this section are
submitted to the state wildlife veterinarian by the USDA-approved diagnostic
laboratory within seven (7) days of completion of testing. In the event of
confirmed positive results from a Chronic Wasting Disease test, the permit
holder shall comply with a herd disease response plan approved by the
department. The plan may include but not be limited to quarantine requirements,
testing and depopulation, premises cleaning and disinfection, additional
fencing requirements, and restocking guidelines. Failure to comply with an
approved herd disease response plan may result in the suspension or revocation
of permit privileges.
11. All Class
III cervids listed on the Approved Confined Species List in
3 CSR
10-9.105 for Class III wildlife breeders acquired by a
holder of a Big Game Hunting Preserve Permit must be individually identified on
a Movement Certificate issued by the department. A Movement Certificate must be
completed by the breeder and list the official identification, age, gender,
species, complete address of both the origin and destination, and the complete
name, address, and permit number of all parties to the transaction. The
original form must accompany the shipment and a copy shall be maintained for at
least five (5) years by the permit holders, unless otherwise documented in a
department-provided database. All other cervids and ungulates acquired by a
holder of a Big Game Hunting Preserve Permit must be individually identified on
a Breeder's Movement Certificate issued by the Missouri Department of
Agriculture. A Breeder's Movement Certificate must be completed by the breeder
and contain complete and accurate information including the official
identification, age, gender, species, complete address of birth, origin, and
destination, and complete address and name of buyer and seller. The Breeder's
Movement Certificate must accompany the shipment and a copy maintained for at
least five (5) years by the permit holder. The source of all Class III cervids
listed on the Approved Confined Wildlife Species List in
3 CSR
10-9.105 for Class III wildlife breeders must be a
Class III breeder facility. The source of all other cervids must be a herd that
is enrolled in a state of Missouri administered Chronic Wasting Disease herd
certification program.
12. New
permits for big game hunting preserves will not be issued for a period of five
(5) years within twenty-five (25) miles of a location where Chronic Wasting
Disease-positive animal(s) have been confirmed by the department except as
follows:
A. New permits may be issued during
this time period for the existing location of a big game hunting preserve with
a valid permit; and
B. New permits
may be issued during this time period for a big game hunting preserve located
more than ten (10) miles and less than twenty-five (25) miles from a location
where Chronic Wasting Disease-positive animal(s) have been confirmed by the
department, provided-
(I) The perimeter of
the preserve is enclosed by a double fence having a minimum distance of ten
feet (10') between the interior and exterior fences;
(II) The interior and exterior fences are
constructed and maintained in accordance with
3 CSR
10-9.220;
(III) For preserves subject to double fencing
requirements as a condition of their permit, all applicable measurements for
determining compliance with the minimum acreage requirements of this rule will
be based on the interior fence; and
(IV) No animal may be confined, pursued, or
taken in the area between the interior and exterior fences on preserves subject
to double fencing requirements as a condition of their permit.
13. Live cervids
imported into the state shall not be held in a licensed big game hunting
preserve. Only cervids born inside the state of Missouri may be propagated,
held in captivity, and hunted on big game hunting preserves. Prior to accepting
any cervid, the big game hunting preserve must obtain evidence that the cervid
was born inside the state of Missouri, such as relevant portions of the
breeder's herd certification inventory and movement certificates. The big game
hunting preserve shall maintain such documentation for five (5) years and
provide to the department upon request.
14. Within thirty (30) days from the
revocation or expiration of a licensed Big Game Hunting Preserve Permit for any
reason and prior to the removal of any fencing, the permit holder must remove
all animals from the premises either by depopulation with approval by a
conservation agent, or transfer to a licensed big game hunting preserve with
approval by the state wildlife veterinarian. Facilities with a CWD positive
within the past five (5) years must depopulate upon revocation or expiration of
their permit.
Notes
*Original authority: 252.240, RSMo 1972, amended 1984.
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