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 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines words and terms used in
				  the Code.
(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.