Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 20 - Wildlife Code: Definitions › Section 3 CSR 10-20.805 - Fishing, Length Limits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The proposed amendment defines bicycle,
				  electric bicycle, and the fishing method of snagging as used in the Wildlife
				  Code, and also creates a minimum length limit of thirty-two inches (32") for
				  paddlefish in the commercial fish definition.
(1) For the purpose of this Code the
				following definitions shall govern unless a different meaning is stated or
				clearly evident from the context.
(2) Antlered deer: A deer having at least one
				(1) antler not less than three inches (3") long.
(3) Antlered elk: An elk having at least one
				(1) antler not less than six inches (6") long.
(4) Arm of lake: An inlet or bay of a water
				impoundment, including all impounded tributaries, smaller arms, and coves
				thereof other than those specifically excepted.
(5) Atlatl: A rod or narrow board-like device used to
				launch, through a throwing motion of the arm, a dart five to eight feet (5'-
				8') in length.
(6) Backwater: Any
				flowing or nonflowing water lying exclusively within the floodplain of a river
				and connected to that river at any water level below official flood stage, as
				designated by the U.S. Army Corps of Engineers for the portion of the river
				where backwater is occurring. Backwater shall not include tributary streams and
				ditches, but may include side channels, chutes, sloughs, bayous, oxbows, and
				blew holes.
(7) Bicycle: Every
				vehicle propelled solely by human power upon which any person may ride, having
				two (2) tandem wheels, or two (2) parallel wheels and one (1) or two (2)
				forward or rear wheels, all of which are more than fourteen inches (14") in
				diameter, except scooters and similar devices; also includes electric bicycles
				as defined in this rule.
(8) Bow:
				A device drawn and held by hand and not fastened to a stock nor to any other
				mechanism that maintains the device in a drawn position. This definition
				includes longbows, recurve bows, and compound bows.
(9) Cable restraint device: A device for the
				live-capture of certain furbearers in a non-water set by use of a cable loop
				made of stranded steel cable, not greater than five feet (5') long (not
				including extensions), with a diameter of not less than five sixty-fourths inch
				(5/64") and equipped with a commercially manufactured breakaway rated at three
				hundred fifty pounds (350 lbs.) or less, a relaxing-type lock, a stop device
				that prevents it from closing to less than two and one-half inches (2 1/2") in
				diameter, and an anchor swivel, but shall not be equipped with a
				compression-type choke spring, or be otherwise mechanically-powered.
(10) Cervid: All species of the deer family
				(family Cervidae) including those commonly known as white-tailed, mule, fallow,
				sika, red, musk, Pere David's deer, moose, caribou, reindeer, elk, or wapiti,
				and all deer-hybrids.
(11) Chase
				or chased: The act of using dogs to follow wildlife or feral swine for the
				purpose of recreation or dog training, but not for the purpose of catching or
				taking that wildlife or feral swine.
(12) Circus: A scheduled staged event in which
				entertainment includes performances by trained wildlife, either native or
				nonnative to the continental United States, and in which physical contact
				between wildlife and humans is restricted to the handlers, performers, or other
				circus employees.
(13) Closed
				season: That period of time during which the pursuit or taking of wildlife is
				prohibited by this Code.
(14)
				Commercial establishment: Any place of business, owned or operated by any
				person or group of persons, or business concern of any kind, where ordinary
				trade or business practices are conducted. This term shall include, but is not
				restricted to, any club, association, or society where meals, lodging, or other
				services or facilities are furnished for a consideration, price, or
				fee.
(15) Commercial fish: All
				fish except endangered species as listed in
				3 CSR
				10-4.111(3), alligator gar, and game
				fish as defined in this rule. Includes those species for which sale is
				permitted when legally obtained. For purposes of this Code, packaged salt water
				species or freshwater species not found in waters of this state, when the
				processed fish are truly labeled as to content, point of origin, and name and
				address of the processor, are exempt from restrictions applicable to native
				commercial fish. Commercial fish include crayfish taken from waters open to
				commercial fishing. In the Mississippi River and that part of the St. Francis
				River which forms the boundary between the states of Arkansas and Missouri,
				commercial fish also include channel, blue, and flathead catfish at least
				fifteen inches (15") in total length. In the Mississippi River only, commercial
				fish also include paddlefish at least thirty-two inches (32") in length
				(measured from eye to fork of tail) and shovelnose sturgeon twenty-four inches
				to thirty-two inches (24"-32") in length (measured from tip of snout to fork of
				tail) upstream from Melvin Price Locks and Dam.
(16) Commercial waters: The flowing portions of the
				Missouri River, the Mississippi River except in Sand Chute below the mouth of
				the Salt River in Pike County, and that part of the St. Francis River which
				forms a boundary between the states of Arkansas and Missouri, and also waters
				which exist temporarily through overflow from the Mississippi River east of the
				Missouri Pacific Railroad between Cape Girardeau and Scott City, and east of
				the Mississippi River mainline and setback levees between Commerce and the
				Arkansas state line.
(17)
				Commission: The Conservation Commission as specified in Section 3,
				Reorganization Act of 1974, pursuant to Article IV, Section 40(a) of the
				Constitution of Missouri (see also Article IV, Section 12).
(18) Crossbow: A device for discharging quarrels or
				bolts, formed of a bow set crosswise on a stock, usually drawn by means of a
				mechanism and discharged by release of a trigger.
(19) Days or dates: All days and dates shall be
				inclusive. A day shall begin or end at midnight, unless otherwise
				specified.
(20) Department: The
				Department of Conservation as specified in Section 3, Reorganization Act of
				1974, pursuant to Article IV, Section 40(a) of the Constitution of Missouri
				(see also Article IV, Section 12).
(21) Director: The director of the Department of
				Conservation.
(22) Ditch: Any
				artificial drainageway, tributary to a stream or body of water, and containing
				sufficient water to support fish.
(23) Domicile: The place where a person has his/her
				true, fixed, and permanent home and principal establishment and to which
				whenever s/he is absent s/he has the intention of returning. It is his/her
				legal residence, as distinguished from his/her temporary place or abode; or
				his/her home, as distinguished from a place to which business or pleasure may
				temporarily call him/her.
(24)
				Drowning set: Trap or snare sets constructed with a solid fiber or steel rod or
				cable, anchored at each end, having a drowning lock attached to the trap or
				snare allowing the trap or snare to only slide one (1) way, and located in
				water at a depth sufficient for drowning.
(25) Electric Bicycle: Any two (2)- or three
				(3)-wheeled device equipped with fully operable pedals, a saddle or seat for
				the rider, and an electric motor of not more than seven hundred fifty (750)
				watts, and which meets one of the following three classes:
(A) "Class 1 electric bicycle," an electric
				bicycle equipped with a motor that provides assistance only when the rider is
				pedaling, and that ceases to provide assistance when the bicycle reaches a
				speed of twenty (20) miles per hour;
(B) "Class 2 electric bicycle," an electric
				bicycle equipped with a motor that may be used exclusively to propel the
				bicycle, and that is not capable of providing assistance when the bicycle
				reaches the speed of twenty (20) miles per hour; or
(C) "Class 3 electric bicycle," an electric
				bicycle equipped with a motor that provides assistance only when the rider is
				pedaling, and that ceases to provide assistance when the bicycle reaches the
				speed of twenty-eight (28) miles per hour.