Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 9 - Wildlife Code: Confined Wildlife: Privileges, Permits, Standards › Section 3 CSR 10-9.353 - Privileges of Class I and Class II Wildlife Breeders

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendments to this rule clarify the
				  requirements for holding wildlife in confinement and improve the organization
				  of Chapter 9 of the Wildlife Code; modify the privileges of Class II wildlife
				  breeders related to black bears and black bear-hybrids, mountain lions and
				  mountain lion-hybrids, and wolves to prohibit the addition of new animals to
				  Class II breeding operations currently holding these species; removes the
				  permit exemption for non-residents exhibiting wildlife at special events; and
				  removes the wildlife exhibition privilege (excluding gamebirds, amphibians,
				  reptiles, and at consignment sales) from the privileges granted to Class I and
				  Class II wildlife breeders. This rule establishes privileges and requirements
				  for wildlife breeders. It has been reorganized from an older version to provide
				  better organization and understanding, and to clarify that migratory waterfowl
				  may be reared and held in captivity as provided in federal regulations but that
				  such waterfowl may only be hunted as provided in
				  3 CSR
				  10-9.625 of this Code. It also removes permit
				  exemptions, which have been moved to 3 CSR 109.350 and
				  3 CSR
				  10-9.351. Finally, it moves all provisions related to
				  cervids to the new Class III wildlife breeder privileges section at 3 CSR
				  10-9.354.
(1) Class I and
				Class II wildlife as defined in
				3 CSR
				10-9.230 and
				3 CSR
				10-9.240, may be held in confinement by the holder of
				the appropriate Class I or Class II wildlife breeder permit at a specific
				location indicated on the permit. Class I wildlife may also be propagated or
				reared at a specific location listed on the permit, and Class I and Class II
				gamebirds, amphibians, and reptiles may be propagated, reared, or exhibited by
				the holder of the appropriate Class I or Class II wildlife breeder permit at a
				specific location listed on the permit. Applicants for a Class II Wildlife
				Breeder permit must qualify by passing with a score of at least eighty percent
				(80%) on a written examination provided by the department.
(2) Such wildlife may be possessed, used,
				sold, given away, transported, or shipped; provided, the provisions of 3 CSR
				10-9.223 are followed and that state and federally-designated endangered
				species may not be sold without the written approval of the director; that
				black bears and black bear-hybrids, mountain lions and mountain lionhybrids,
				and wolves may not be sold or given away to the holder of a Class II wildlife
				breeder permit; and that wildlife may be sold or given away only to the holder
				of the appropriate permit, where required, except as provided in section (5) of
				this rule.
(3) A permit may be
				granted after satisfactory evidence by the applicant that stock will be secured
				from a legal source other than the wild stock of this state; that the applicant
				will confine the wildlife in humane and sanitary facilities that meet standards
				specified in 3 CSR 10-9.220; and that the
				applicant will prevent other wildlife of the state from becoming a part of the
				enterprise.
(4) Cities, towns, and
				counties may establish ordinances further restricting or prohibiting ownership
				of Class II wildlife, with approval of the department. In instances where
				prohibitions apply, no permit will be issued by the department. Persons
				possessing Class II wildlife must comply with all requirements of section
				578.023,
				RSMo.
(5) Wildlife, except skunks,
				foxes, coyotes, and raccoons may be shipped, transported, or consigned to a
				wildlife breeder by nonresidents without a Missouri wildlife breeder permit,
				but that wildlife shall be accompanied by appropriate permit or other proof of
				legality in the state of origin. Persons purchasing wildlife at consignment
				sales shall obtain a wildlife hobby or appropriate wildlife breeder permit
				prior to the purchase, except nonresidents may possess and transport purchased
				wildlife without permit for forty-eight (48) hours following close of the
				sale.
(6) Notification of the date
				and place of any public sale of consigned wildlife shall be provided to the
				conservation agent of the county in which the sale will be held not less than
				thirty (30) days prior to the sale.
(7) All black bears and black bear-hybrids, mountain
				lions and mountain lion-hybrids, and wolves defined as Class II wildlife in
				3 CSR
				10-9.240 and introduced into a Class II wildlife
				breeder operation and/or currently held under such permit are subject to the
				following requirements:
(A) Animals shall be
				permanently tagged or marked with an identification number via a subcutaneous
				microchip Passive Integrated Transponder tag (PIT tag) provided by the
				department implanted along the animal's back between the shoulder blades, which
				uniquely identifies each individual animal;
(B) A blood or tissue sample sufficient for
				DNA analysis for each animal shall be submitted to the department upon request;
				and
(C) The holder of a Class II
				wildlife breeder permit shall report the death, sale, or transfer of any animal
				within three (3) days to a conservation agent, including the identification
				number from the animal's subcutaneous microchip. Microchips shall not be reused
				in other animals.