Proposed Regulation Changes

The Missouri Department of Conservation follows the Secretary of State’s established process for making changes to the Code of State Regulations. This process calls for state agencies to conduct a 30-day public comment period for each proposed rule, amendment, or rescission and to consider those comments prior to filing a final order of rulemaking.

Only those comments received during the formal public comment period will be reported to the Secretary of State.

3 CSR 10- 4.111: Endangered Species
This amendment adds the grotto sculpin to the list of species considered to be threatened with extinction in Missouri.

The commission proposes to amend subsection (3)(E) of this rule.

(3) For the purpose of this rule, endangered species of wildlife and plants shall include the following native species designated as endangered in Missouri:

  (E) Fishes: lake sturgeon, pallid sturgeon, taillight shiner, Neosho madtom, spring cavefish, harlequin darter, goldstripe darter, cypress minnow, central mudminnow, crystal darter, swamp darter, Ozark cavefish, Niangua darter, Sabine shiner, mountain madtom, redfin darter, longnose darter, flathead chub, Topeka shiner, grotto sculpin.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed Aug. 15, 1973, effective Dec. 31, 1973.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10- 6.550: Other Fish
This amendment adds the prohibition of the use of live bighead and silver carp as bait.

The commission proposes to amend section (3) of this rule.

(3) Fish taken under this rule may be used as bait; except that bowfin[,] or parts thereof (including eggs), live bighead carp, and live silver carp may not be used as bait.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed June 13, 1994, effective Jan. 1, 1995.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Thursday, May 15, 2014
3 CSR 10-10.735: Sale of Live Bait
This amendment corrects a reference to a related rule.

The commission proposes to amend section (2) of this rule.

(2) Live bait may not be sold if obtained from the waters of the state except when taken by a licensed commercial fisherman from commercial waters. Live bait purchased or obtained from a licensed commercial fisherman or other legal sources must be species listed in the Approved Aquatic Species List (3 CSR 10-9.110(3)[(F)](H)).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed Oct. 2, 2006, effective Feb. 28, 2007. For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-11.115: Closings
This amendment provides greater convenience to users for determining when the water elevation has reached 239’ at Hornersville Swamp Access by accessing elevation readings on the internet. Currently, area users must travel to the area to read the Hornersville Swamp Access gage.

The commission proposes to amend subsection (4)(C) of this rule.

(4) The following department areas are closed during high waters:

  (C) On Hornersville Swamp Conservation Area, all public use is prohibited, except fishing and waterfowl hunting by boat when the water level is at or above two hundred thirty-nine feet (239’) on the [Hornersville](Ditch 81 Ext. (Upstream of Big Lake Northend CS – Above Trash Rack (BL110))) gage.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-11.205: Fishing, Methods and Hours
This amendment removes the Ronald and Maude Hartell Conservation Area from this rule.

The commission proposes to remove section (7) and renumber subsequent sections of this rule.

[(7) On Ronald and Maude Hartell Conservation Area, fishing is permitted only on designated waters. Only flies, artificial lures, and soft plastic baits (unscented) may be used and fish must be returned to the water unharmed immediately after being caught except by holders of a special use permit.]

[(8)](7) On Lost Valley Fish Hatchery, fishing is permitted only on designated waters from 9:00 a.m. to 4:00 p.m. Tuesday through Saturday. Fishing is restricted to persons fifteen (15) years of age or younger and not more than one (1) pole and line may be used by any one (1) person at any time.

[(9)](8) On Binder Community Lake, fishing is permitted only from 3:00 a.m. to 11:00 p.m. daily.

[(10)](9) Seining or trapping live bait, including tadpoles, is prohibited on all lakes and ponds, except as otherwise provided in this chapter.

  (A) Seining or trapping live bait, excluding all frogs and tadpoles, in compliance with 3 CSR 10-6.605 is permitted on designated lakes and ponds on the following department areas:

    1. Atlanta Conservation Area;

    2. B.K. Leach Memorial Conservation Area;

    3. Bob Brown Conservation Area;

    4. Eagle Bluffs Conservation Area;

    5. Fountain Grove Conservation Area;

    6. Grand Pass Conservation Area;

    7. Long Branch Lake Management Lands;

    8. Locust Creek Conservation Area;

    9. Nodaway Valley Conservation Area;

    10. Rebel’s Cove Conservation Area; and

    11. Ted Shanks Conservation Area.

[(11)](10) On Mule Shoe Conservation Area, seining or trapping live bait, including tadpoles, is prohibited on streams and the discharge channels of impoundments.

[(12)](11) The taking of crayfish, is prohibited on the following areas:

  (A) Caney Mountain Conservation Area

  (B) Dan and Maureen Cover Prairie Conservation Area

  (C) George and Vida Martin Access

  (D) Turnback Cave (Paris Springs Access)

[(13)](12) Salvage seining of other fish as designated in 3 CSR 10-6.550 may be permitted seasonally for personal use with a special use permit.

[(14)](13) On Wire Road Conservation Area, other fish as designated in 3 CSR 10-6.550 may be taken by snagging, snaring, or grabbing from March 15 through May 15.

[(15)](14) On Blind Pony Lake Conservation Area, Hunnewell Lake Conservation Area, Blackwell Lake (Indian Trail Conservation Area), and Lost Valley Hatchery, bait transported or held in containers with water is prohibited.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Thursday, May 15, 2014
3 CSR 10-11.210: Fishing, Daily and Possession Limits
This amendment establishes a daily limit for black bass at the Ronald and Maude Hartell Conservation Area and adds several lakes to the four daily aggregate section for white bass, striped bass, and their hybrids.

The commission proposes to add subsection (2)(K), (4)(B), (4)(E), (4)(F), and (4)(G), and re-letter subsequent subsections of this rule.

(2) The daily limit for black bass shall be two (2) on the following department areas or individually named lakes:

  (K) Ronald and Maude Hartell Conservation Area

  [(K)](L) J. N. “Turkey” Kearn Memorial Wildlife Area

  [(L)](M) Lake Paho Conservation Area

  [(M)](N) Lone Jack Lake Conservation Area

  [(N)](O) Maple Leaf Lake Conservation Area

  [(O)](P) Port Hudson Lake Conservation Area

  [(P)](Q) James A. Reed Memorial Wildlife Area

  [(Q)](R) Schell Lake (Schell-Osage Conservation Area)

  [(R)](S) Weldon Spring Conservation Area

 

(4) The daily limit for white bass, striped bass, and their hybrids in the aggregate shall be four (4) on the following department areas or individually-named lakes:

  (B) Belcher Branch Lake Conservation Area

  [(B)](C) Harmony Mission Lake (Harmony Mission Conservation Area)

  [(C)](D) Lake Paho Conservation Area

  (E) Limpp Community Lake

  (F) Little Compton Lake (Little Compton Lake Conservation Area)

  (G) Nodaway County Community Lake

  [(D)](H) Perry County Community Lake

  [(E)](I) James A. Reed Memorial Wildlife Area

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-11.215: Fishing, Length Limits
This amendment establishes a length limit for black bass at the Ronald and Maude Hartell Conservation Area; adds several lakes to the twenty inch (20”) minimum length limit for white bass, striped bass, and their hybrids; and establishes a minimum length limit for flathead catfish for several lakes.

The commission proposes to add paragraph (2)(B)6., renumber subsequent paragraphs, add subsection (3)(B), re-letter subsequent subsections, amend section (5), and add new section (6) of this rule.

(2) On lakes and ponds, except as listed below, black bass more than twelve inches (12") but less than fifteen inches (15") total length must be returned to the water unharmed immediately after being caught.

  (B) Black bass less than eighteen inches (18") total length must be returned to the water unharmed immediately after being caught on the following department areas or individually named lakes:

    6. Ronald and Maude Hartell Conservation Area

    [6.]7. Happy Holler Lake Conservation Area

    [7.]8. Lake Paho Conservation Area

    [8.]9. Port Hudson Lake Conservation Area

(3) White bass, striped bass, and their hybrids less than twenty inches (20") total length must be returned to the water unharmed immediately after being caught on the following department areas or individually named lakes:

  (B) Belcher Branch Lake Conservation Area

  [(B)](C) Harmony Mission Lake (Harmony Mission Conservation Area)

  [(C)](D) Lake Paho Conservation Area

  (E) Limpp Community Lake

  (F) Little Compton Lake (Little Compton Lake Conservation Area)

  (G) Nodaway County Community Lake

  [(D)](H) Perry County Community Lake

  [(E)](I) James A. Reed Memorial Wildlife Area

(5) On Lake Girardeau Conservation Area, [all] crappie less than nine inches (9") total length must be returned to the water unharmed immediately after being caught.

(6) On Limpp Community Lake and Little Compton Lake, flathead catfish less than twenty-four inches (24”) total length must be returned to water unharmed immediately after being caught.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-12.110: Use of Boats and Motors
This amendment corrects an improper reference to Williams Creek Lake at Watkins Mill State Park.

The commission proposes to amend subsection (6)(T) of this rule.

(6) Outboard motors in excess of ten (10) horsepower may be used but must be operated at slow, no-wake speed on the following areas:

  (T) Watkins [Woolen ]Mill State Park [and Historic Site ](Williams Creek Lake);

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-12.140: Fishing, Daily and Possession Limits
This amendment corrects an improper reference to Williams Creek Lake at Watkins Mill State Park.

The commission proposes to amend subsection (2)(BB) of this rule.

(2) The daily limit for black bass is two (2) on the following lakes:

  (BB) Watkins Mill State Park [Lake](Williams Creek Lake);

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
3 CSR 10-12.145: Fishing, Length Limits
This amendment corrects an improper reference to Williams Creek Lake at Watkins Mill State Park.

The commission proposes to amend paragraph (2)(A)33. of this rule.

(2) Black bass more than twelve inches (12") but less than fifteen inches (15") total length must be returned to the water unharmed immediately after being caught, except as follows:

  (A) Black bass less than fifteen inches (15") total length must be returned to the water unharmed immediately after being caught on the following lakes:

    33. Watkins Mill State Park [Lake](Williams Creek Lake); and

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed April 30, 2001, effective Sept. 30, 2001.  For intervening history, please consult the Code of State Regulations. Amended: Filed March 17, 2014.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Tom A. Draper, Deputy Director, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Thursday, May 15, 2014
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