Missouri Statute | Act | Code |Conservation, Resources And Development| US Code - US Statute | Chapter 252 Department Of Conservation--fish And Game

1. There is hereby created a department of conservation to be
headed by a conservation commission of four members appointed by the
governor, by and with the advice and consent of the senate, not more than
two of whom shall be of the same political party. The members shall have
the qualifications, serve the terms and receive the expense reimbursement
provided in Article IV, Constitution of Missouri. The commission shall
appoint a director of the department of conservation who with its
approval shall appoint assistants and other employees.

2. All the powers, duties and functions of the conservation commission,
chapters 252, 254, RSMo, and others, are transferred by type I transfer
to the department of conservation. (L. 1973 1st Ex. Sess. S.B. 1 § 3)

Effective 5-2-74

*Transferred 1986; formerly section 3, Reorganization Act of 1974,
Appendix B

This law shall be known and may be cited as "The Wildlife and
Forestry Law". (L. 1945 p. 664 § 2)

As used in sections 252.010 to 252.240, unless the context
otherwise requires:

(1) The word "commission" shall mean and include the conservation
commission as established by the Constitution of Missouri; and the words
"rules and regulations" shall mean those made by said commission pursuant
thereto;

(2) The word "person" shall mean any individual, male or female, singular
or plural, of whatever age, and this term shall include and refer to any
owner, grantee, lessee, licensee, permittee, firm, association,
copartnership, corporation, municipality or county, as the context may
require;

(3) The word "wildlife" shall mean and include all wild birds, mammals,
fish and other aquatic and amphibious forms, and all other wild animals,
regardless of classification, whether resident, migratory or imported,
protected or unprotected, dead or alive; and shall extend to and include
any and every part of any individual species of wildlife. (L. 1945 p. 664
§ 3)

The ownership of and title to all wildlife of and within the
state, whether resident, migratory or imported, dead or alive, are hereby
declared to be in the state of Missouri. Any person who fails to comply
with or who violates this law or any such rules and regulations shall not
acquire or enforce any title, ownership or possessory right in any such
wildlife; and any person who pursues, takes, kills, possesses or disposes
of any such wildlife or attempts to do so, shall be deemed to consent
that the title of said wildlife shall be and remain in the state of
Missouri, for the purpose of control, management, restoration,
conservation and regulation thereof. (RSMo 1939 § 8883, A.L. 1945 p. 664
§ 4)

Prior revisions: 1929 § 8224; 1919 § 5581; 1909 § 6508

No wildlife shall be pursued, taken, killed, possessed or
disposed of except in the manner, to the extent and at the time or times
permitted by such rules and regulations; and any pursuit, taking,
killing, possession or disposition thereof, except as permitted by such
rules and regulations, are hereby prohibited. Any person violating this
section shall be guilty of a misdemeanor except that any person violating
any of the rules and regulations pertaining to record keeping
requirements imposed on licensed fur buyers and fur dealers shall be
guilty of an infraction and shall be fined not less than ten dollars nor
more than one hundred dollars. (L. 1945 p. 664 § 26, A.L. 1989 H.B. 293)

CROSS REFERENCE:

Hunting or trapping on land without consent of owner, penalty, RSMo
569.140, 569.150

(1953) Shooting of dummy deer made of stuffed deer hide and placed in a
field by conservation commission agents at time in which deer hunting was
not permitted held not crime under this section. State v. Guffey (A.),
262 S.W.2d 152.

(1954) Person holding fishing license had right to float, wade and fish
in public waters of river which was non-navigable stream without being
trespasser on lands of owner of the bed of the stream. Elder v. Delcour,
364 Mo. 835, 269 S.W.2d 17.

(2001) Municipal ordinance requiring hunters and trappers to obtain
permission from government owners of land and rights-of-way was not
prohibited by section; Conservation Commission does not have exclusive
authority to regulate location of allowable hunting, fishing, and
trapping. Miller v. City of Town & Country, 62 S.W.3d 431 (Mo.App. E.D.).

Any person hunting deer during a firearms deer-hunting season
shall wear a cap or hat, and a shirt, vest or coat with the outermost
color of daylight fluorescent orange, blaze orange or hunter orange,
which must be plainly visible from all sides while being worn. Any person
violating rules and regulations adopted pursuant to this section shall be
guilty of an infraction. (L. 1990 H. B. 1669 § 252.041 subsec. 1, A.L.
1993 H.B. 306)

The commission may suspend, revoke or deny a hunting permit or
privilege for a maximum of five years when a person, while hunting,
inflicts injury by firearm or other weapon to another person who is
mistaken for game. No suspension, revocation or denial shall occur until
an opportunity has been afforded for a hearing before the commission. Any
person who is determined by the commission to have inflicted injury by
firearm or other weapon shall be required to successfully complete a
department-approved hunter safety course before his or her hunting permit
or privilege shall be restored. The commission's proceeding shall be a
contested case pursuant to chapter 536, RSMo, and any person aggrieved by
a final decision shall be entitled to judicial review as provided in
chapter 536, RSMo. (L. 1990 H.B. 1669 § 252.041 subsec. 2, A.L. 1998 S.B.
596, A.L. 1999 S.B. 328, et al.)

1. No motor vehicle shall be operated within the boundary of any
land owned, leased or managed by the Missouri conservation commission
except upon roads, thoroughfares or areas specifically designated for
travel by the commission. Except as otherwise specifically posted by the
commission, or established by other governmental authority, the speed
limit within any land owned, leased or managed by the Missouri
conservation commission shall be forty-five miles per hour.

2. Except as otherwise provided in this subsection, swimming, camping,
shooting, fires, fireworks, use of firearms, digging, cutting or removal
of vegetation, tree stands, horses, pets, cave exploring, entry on areas
closed to public use, bicycling, the operation and parking of all land
and water conveyances, trailers, and aircraft are permitted only where,
when, and in the manner specifically authorized by the commission on all
wildlife refuges, wildlife management areas, state forests, natural
areas, lakes, fishing accesses and all land and waters owned, leased or
managed by the commission. Upon providing reasonable prior notification
to the commission, a public utility, rural electric cooperative or
railroad may cut or remove vegetation from, and construct and maintain
utility services on, easement areas granted by the commission and other
areas covered pursuant to the terms of existing agreements. Reasonable
prior notification shall take into account weather conditions and work
schedules, and shall not be required for the restoration of essential
utility services.

3. No person shall discard solid waste, garbage, refuse or other
materials on any lands or waters described in this section. No person
shall discard solid waste, garbage, refuse or other materials in a solid
waste receptacle located on lands described in this section if the
discarded materials were generated outside the boundaries of such lands.
(L. 1979 S.B. 163, A.L. 1993 H.B. 306, A.L. 1996 S.B. 661)

All moneys payable under the provisions of sections 252.010 to
252.240 shall be promptly transmitted to the division of taxation and
collection in the department of revenue, which shall deposit the same in
the state treasury to the credit of the conservation commission. The
state treasurer shall report on the first day of each month to the
commission the exact amount of money in the commission's funds. (RSMo
1939 § 8963, A.L. 1945 p. 664 § 11)

Prior revisions: 1929 § 8307; 1919 § 5657; 1909 § 6588

(1962) Fees for the sale of licenses issued by the state conservation
commission by a county clerk held to be received in his individual
capacity and therefore was not in violation of the constitutional
provision which requires officers in counties of one hundred thousand to
be compensated only by salaries. Walsh v. County of St. Louis (Mo.), 353
S.W.2d 779.

It is hereby declared to be the duty of every person holding a
license or permit issued pursuant to any such rules and regulations to
submit the same for inspection by any agent of the commission, or by any
sheriff, marshal or constable or any deputy thereof. Any person holding
such license or permit and refusing to submit the same when a proper
demand is made therefor shall be deemed guilty of a misdemeanor. (RSMo
1939 § 8917, A.L. 1945 p. 664 § 15)

Prior revisions: 1929 § 8257; 1919 § 5606; 1909 § 6580

When there is reasonable grounds to believe that a person has
committed or is in the process of committing a violation of the laws or
rules and regulations pertaining to wildlife and forestry resources of
the state, any commission or department employee who has been trained and
certified as an investigative assistant by the director may:

(1) Detain the person in a reasonable manner and for a reasonable length
of time for the purpose of investigating and reporting such a violation
to law enforcement officers; and

(2) Contact law enforcement officers and assist with criminal proceedings
against such person. (L. 1996 S.B. 661)

It shall be the duty of all sheriffs, marshals, constables and
their deputies and of all other peace officers and of all prosecuting
attorneys and their assistants, within their respective counties, and the
city of St. Louis, to aid diligently in enforcing the provisions of the
law and all such rules and regulations. (RSMo 1939 § 8928, A.L. 1945 p.
664 § 7)

Prior revisions: 1929 § 8268; 1919 § 5617; 1909 § 6545

Every authorized agent of the commission shall have the same
power to serve criminal process as sheriffs and marshals, only in such
cases as are violations of this law and rules and regulations of the
commission, and have the same right as sheriffs and marshals to require
aid in the execution of such process. Any such agent may arrest, without
warrant, any person caught by him or in his view violating or who he has
good reason to believe is violating, or has violated this law or any such
rules and regulations, and take such person forthwith before a associate
circuit judge or any court having jurisdiction, who shall proceed without
delay to hear, try and determine the matter as in other criminal cases.
(RSMo 1939 § 8870, A.L. 1945 p. 664 § 6)

Prior revisions: 1929 § 8210; 1919 § 5569; 1909 § 6565

(1974) Held this section does not authorize warrantless arrest of
passenger in car by conservation agent when driver allegedly made assault
with vehicle on another agent. Helming v. Adams (A.), 509 S.W.2d 159.

1. All authorized agents of the commission who have attained
proper certification as peace officers in accordance with the provisions
of chapter 590, RSMo, and all authorized agents of the commission who
attain proper certification as instructors under chapter 590, RSMo, are
hereby declared to be officers of the state of Missouri and shall be so
deemed and taken in all courts having jurisdiction of offenses against
the laws of this state.

2. All such agents shall have full power and authority as now or
hereafter vested by law in peace officers when working with and at the
special request of the sheriff of any county, or the chief of police of
any city, or under the direction of the superintendent of the state
highway patrol; except that the authorized agent of the commission who is
working in any county as provided in this section and section 252.225 and
at the request of any agency other than that of the county sheriff's
department shall notify immediately the sheriff or the sheriff's designee
of the county where the request originated.

3. All authorized agents may arrest, without warrant or process of any
kind, any person who they have probable cause to believe has committed or
is in the process of committing any violation of the laws of the state of
Missouri, on all lands owned, operated, managed, or leased by the
commission, or when such probable cause is established incidental to the
enforcement of the laws of the state of Missouri which such agents have
been authorized by statute to enforce on all lands not owned, operated,
managed, or leased by the commission.

4. All authorized agents shall also be declared to be peace officers of
the state of Missouri and shall have jurisdiction and may arrest, without
warrant or process of any kind, any person who they have probable cause
to believe has committed or is in the process of committing a violation
of section 569.055, 569.065, 569.067, 569.100, 569.120, 569.140, or
569.150, RSMo, except that no arrest without warrant may be made on any
lands not owned, operated, managed or leased by the commission for
violations of section 569.100, 569.120, 569.140, or 569.150, RSMo, except
upon the complaint of the landowner upon whose land such alleged
violation occurred and no arrest may be made without a warrant for the
commission of a misdemeanor committed outside the presence of the agent.

5. In addition to the powers prescribed in this section, all persons
certified as peace officers in accordance with the provisions of chapter
590, RSMo, and authorized agents of the conservation commission as
provided in subsection 1 of this section may arrest on view, and without
a warrant, at any place within this state, any person the certified
officer or agent sees asserting physical force for the purpose of causing
or creating a substantial risk of death or serious injury to any person.
(L. 1981 S.B. 112, A.L. 1990 H.B. 1669, A.L. 1994 H.B. 1398, A.L. 1997
H.B. 424)

Effective 7-7-97

1. It is hereby made the duty of every warehouse, merchant, or
common carrier, or agent, servant or employee thereof, to permit any
agent of the commission to examine any package in the possession of said
warehouse or common carrier, or agent, servant or employee thereof, which
the said commission agent shall suspect or have reason to believe
contains any wildlife not lawfully transported or had in possession, or
when any such agent of the commission shall suspect or have reason to
believe that the said package is falsely labeled.

2. Any person who shall refuse any such commission agent or any officer
charged with the enforcement of this law and such rules and regulations
permission to examine or open any such package or shall impede such
action by any such commission agent or officer shall be deemed guilty of
a misdemeanor and shall be fined not less than fifty dollars nor more
than one hundred and fifty dollars. Neither the commission nor any such
agent or officer shall be liable for damages on account of any search,
examination or seizure made in accordance with the provisions of sections
252.010 to 252.240. (RSMo 1939 § 8953, A.L. 1945 p. 654 § 24)

Prior revisions: 1929 § 8297; 1919 § 5647; 1909 § 6564

1. Any authorized agent of the commission, sheriff, marshal or
their deputies, may make complaint and cause proceedings to be commenced
against any person for the violation of this law or of any such rules and
regulation and such officer shall not be obligated to furnish security
for costs.

2. He may search, without warrant, any creel, container, gamebag, hunting
coat, or boat in which he has reason to believe wildlife is unlawfully
possessed or concealed; and at any and all times may seize any wildlife
in the possession or control of any person violating or who there is good
reason to believe has violated this law or any of the rules or
regulations of the commission; provided, however, that he shall first
obtain a search warrant to enter and search an occupied dwelling and
outbuildings immediately adjacent thereto, cold storage locker plant,
motor vehicle, or sealed freight or express car for such purposes and
then only in the daytime, and in the search of a cold storage locker
plant every precaution shall be exercised to prevent contamination of
foods stored therein. Any circuit judge, or associate circuit judge
having jurisdiction, shall issue to such agent, sheriff, or marshal, a
search warrant upon his complaint being made on oath in writing that the
affiant has reasonable and probable cause to believe that wildlife is
possessed or concealed in such occupied dwellings and outbuildings
immediately adjacent thereto, cold storage locker plant, motor vehicle,
or sealed freight or express car contrary to this law or to any such
rules and regulations.

3. Any person who shall resist such search or interfere with such agent
or officer in the execution of a search warrant shall be deemed guilty of
a misdemeanor. (L. 1945 p. 664 § 5)

In case of a violation of this law or of any of the rules and
regulations of the conservation commission by a corporation, a warrant of
arrest may be read to the president, secretary or manager in this state
or any general or local agent thereof in the county where the action is
pending; and upon return of such warrant so served the corporation shall
be deemed in court and subject to the jurisdiction thereof, and any fine
imposed may be collected by execution against the property of such
corporation; but this section shall not be construed to exempt any agent
or employee of such corporation from prosecution. (RSMo 1939 § 8946, A.L.
1945 p. 664 § 8)

Prior revisions: 1929 § 8290; 1919 § 5640; 1909 § 6529

Prosecutions for violations of this law and for violations of
any such laws, rules and regulations shall be commenced within one year
from the date of any such violation, either by indictment, complaint or
information. (RSMo 1939 § 8949, A.L. 1945 p. 664 § 25)

Prior revisions: 1929 § 8293; 1919 § 5643; 1909 § 6533

Whenever upon conviction the person convicted fails to pay the
fine and costs imposed upon him, he shall be committed to the jail of the
county or of the city of St. Louis or to some workhouse and shall there
be kept confined one day for each two dollars of the fine, and not more
than twenty days for costs adjudged against him, unless otherwise paroled
by the judge of the circuit or criminal courts of the state as otherwise
provided by law in criminal cases. (RSMo 1939 § 8947, A.L. 1945 p. 664 §
9)

Prior revisions: 1929 § 8291; 1919 § 5641; 1909 § 6530

It shall be the duty of every associate circuit judge or clerk
of the court before whom any prosecution under sections 252.010 to
252.240 is commenced, or shall go on appeal and within twenty days after
the trial or dismissal thereof, to report in writing the result thereof
and the amount of fine collected, if any, to the commission. (RSMo 1939 §
8961, A.L. 1945 p. 664 § 10)

Prior revisions: 1929 § 8305; 1919 § 5655; 1909 § 6586

1. It shall be the duty of any person owning, operating or using
any dam existing or which may hereafter be constructed across any river,
stream or creek in this state, to erect or cause to be erected and
maintained in connection therewith a durable and efficient fishway or
such other device as the commission may deem necessary to enable fish to
have free passage up and down said waters at all times. Such fishway or
device shall be of a kind, and shall be placed, operated and maintained
in a manner, approved by the commission.

2. Whenever in the opinion of the commission the height or character of
the dam or the condition of the river or stream makes the installation of
such ladders or devices thereon impractical or unnecessary, it is
authorized to require the establishment and maintenance of a fish
hatchery by such person, for the purpose of stocking the waters above and
below such dam, the plans, adequacy and methods of operation of such
hatchery to be subject to the approval of the commission. The commission
may at any time take fish from said hatchery for distribution to the
public waters of the state and such hatchery shall be operated under the
supervision of the commission.

3. Any person who shall violate any of the provisions of this section or
who shall refuse to establish and maintain such hatchery in lieu of
establishing a fishway, when required to do so by the commission, shall
be deemed guilty of a misdemeanor and fined not less than one hundred
dollars, nor more than three hundred dollars for each such violation.

4. In respect to corporations, the duties and liabilities imposed by this
section shall devolve and be imposed upon the president, secretary or
manager in this state or any general or local agent thereof. (RSMo 1939
§§ 8938, 8939, A.L. 1945 p. 664 § 21)

Prior revisions: 1929 §§ 8279, 8283; 1919 §§ 5629, 5633; 1909 §§ 6552,
6556

CROSS REFERENCES: Dam without chute a nuisance, RSMo 236.230 Judgment
authorizing erection of dam to provide for free passage of fish, RSMo
236.180

Any person who shall obtain or cause to be issued any
certificate, license, or privilege from this state or any political
subdivision thereof, or from any licensing or certifying organization
authorized to certify or license by the laws of this state, by any
deceit, shall, upon conviction, be deemed guilty of a misdemeanor. (RSMo
1939 § 8919, A.L. 1945 p. 664 § 16, A.L. 1953 p. 316)

Prior revisions: 1929 § 8259; 1919 § 5608; 1909 § 6582

It shall be unlawful for any person to solicit by
correspondence, printed cards, circulars, shipping tags, advertisement or
otherwise, any illegal shipments, consignments or delivery of wildlife,
contrary to the laws and rules and regulations of this state, or in any
manner to aid or abet a conspiracy to violate this law or any of such
laws, rules and regulations. Any person violating this section shall upon
conviction thereof be deemed guilty of a misdemeanor and shall be fined
not less than ten dollars nor more than one hundred dollars. (RSMo 1939 §
8942, A.L. 1945 p. 664 § 22)

Prior revisions: 1929 § 8286; 1919 § 5636

Any person to whom is consigned any wildlife, the taking,
transportation, sale or possession of which is at any time or at all
times prohibited or not permitted by such laws, rules and regulations,
shall upon receipt of same immediately notify the commission or any of
its authorized agents, and safely keep such wildlife in his possession or
under control, subject to the order of the commission. Any person
violating this section shall be deemed guilty of a misdemeanor and upon
conviction shall be fined not less than five dollars, nor more than fifty
dollars. (RSMo 1939 § 8940, A.L. 1945 p. 664 § 23)

Prior revisions: 1929 § 8284; 1919 § 5634; 1909 § 6523

Any person who shall have in his possession or under his control
any wildlife, except in the manner, to the extent and at the time or
times permitted by the provisions of this chapter and the rules and
regulations of the commission, shall be deemed guilty of a misdemeanor;
and any agent of the commission, and any sheriff or marshal or deputy
thereof is hereby permitted and authorized to take and confiscate any
such wildlife from any person so possessing or controlling the same.
(RSMo 1939 § 8906, A.L. 1945 p. 664 § 17)

Prior revisions: 1929 § 8247; 1919 § 5597; 1909 § 6524

It shall be unlawful for any person to place or cause to be
placed or erected any seine, screen, net, weir, fish dam or other
obstruction in or across any of the waters, rivers, creeks, ponds,
streams, sloughs or other watercourse within the jurisdiction of this
state in such a manner as will obstruct the free passage of fish up and
down and through such water or watercourses. Any person violating any of
the provisions of this section shall be deemed guilty of a misdemeanor
and be fined upon conviction not less than ten dollars nor more than one
hundred dollars and costs of prosecution. (RSMo 1939 § 8924, A.L. 1945 p.
664 § 18)

Prior revisions: 1929 § 8264; 1919 § 5613; 1909 § 6535

It shall be unlawful for any person to cause any deleterious
substance to be placed, run or drained into any of the waters of this
state in quantities sufficient to injure, stupefy or kill fish which may
inhabit the same at or below the point where any substance was thrown,
run or drained into such waters; provided that it shall not be a
violation of this section for any person engaged in industry, to cause or
permit any water subject to his control or used in any branch of such
industry to be so discharged under such precautionary measures as have
been specifically approved by the commission. Any person violating any of
the provisions of this section shall be deemed guilty of a misdemeanor.
(RSMo 1939 § 8925, A.L. 1945 p. 664 § 19)

Prior revisions: 1929 § 8265; 1919 § 5614; 1909 § 6536

1. It shall be unlawful for any person to place any explosive
substance or preparation in any of the waters of this state, whereby any
fish which may inhabit said waters may be killed, injured or destroyed;
and no person, by any such means, shall kill, catch or take any fish from
said waters; provided, however, that explosive substances or preparations
may be used in said waters, but only with the permission and under the
supervision of the commission.

2. Any person violating any of the provisions of this section shall be
deemed guilty of a felony, and upon conviction shall be fined not less
than two hundred dollars, nor more than one thousand dollars, or by
imprisonment in the state penitentiary for not more than two years, or by
both such fine and imprisonment, for each such offense. (RSMo 1939 §
8926, A.L. 1945 p. 664 § 20)

Prior revisions: 1929 § 8266; 1919 § 5615; 1909 § 6537

1. The department of conservation may maintain a telephone
service operating at all times, capable of receiving and recording
reports of violations of sections 252.010 to 252.240, and of the
conservation commission's rules and regulations. This service shall
receive reports over a single, statewide toll-free number.

2. All reports and records made pursuant to this section and maintained
by the department pursuant to this section shall be confidential.
Information shall not be made available to any individual or institution
except to:

(1) Appropriate staff of the department;

(2) A grand jury, prosecuting attorney or law enforcement officer
involved in the investigation of a violation of sections 252.010 to
252.240, or the commission rules and regulations or in other court
proceedings regarding violations of sections 252.010 to 252.240 or the
commission's rules and regulations;

(3) Any person engaged in a bona fide research purpose, with the
permission of the director of the department of conservation; provided,
however, that no information identifying any person mentioned in the
report shall be made available to the researcher; and

(4) Any person who is the subject of a report of a violation under this
section.

3. Any person who violates the provisions of this section, or who permits
or encourages the unauthorized dissemination of information contained in
reports and records made pursuant to this section shall be guilty of a
class A misdemeanor.

4. Any person convicted of filing a false report shall be guilty of a
class B misdemeanor and may be fined up to five hundred dollars.

5. All information which concerns a person who is the subject of a report
under this section and which is made available to another person or
institution outside the department of conservation shall also be
disclosed to the subject of the report when such information is
disseminated, except that the department may obscure or remove the name
and other identifying information of the person who made the report. (L.
1990 H.B. 1669)

Effective 7-9-90

1. Individual hunting, fishing and trapping permit records
maintained by the department of conservation, including address,
telephone number, personal identifying characteristics, date of birth and
unique identification numbers shall be available to:

(1) Any court;

(2) Any law enforcement agency;

(3) The U.S. Fish and Wildlife Service or its successor agency as
provided by federal regulation for migratory bird surveys;

(4) Any state department, division, agency, bureau, board, commission,
employee or agent thereof in the performance of any statutory or
constitutional duty;

(5) Any political subdivision;

(6) Any agency of another state; and

(7) The holder of the permit.

2. Such information shall be inaccessible to all other persons when the
holder of the permit has so requested in writing. Individual credit card
numbers are closed records and shall not be released pursuant to section
610.021, RSMo. (L. 1998 S.B. 596)

1. Except as provided in subsection 2 of this section, any
person violating any of the provisions of sections 252.010 to 252.240
wherein other specific punishment is not provided, and any person
violating any of such rules and regulations relating to wildlife, shall
be guilty of a class A misdemeanor.

2. Any person violating any rules and regulations relating to wildlife
shall be guilty of a class B misdemeanor unless such rules and
regulations pertain to the provisions of sections 252.010 to 252.043 or
sections 252.050 to 252.241. (RSMo 1939 § 8967, A.L. 1945 p. 664 § 27,
A.L. 1997 H.B. 424)

Prior revisions: 1929 § 8311; 1919 § 5661

The sale, taking for sale or possession for sale of any species
of fish or wildlife, or parts thereof, which shall include eggs, which
have been taken or possessed in violation of the rules and regulations of
the commission, is prohibited. Any person violating the provisions of
this section shall be guilty of a class A misdemeanor for the first
offense if the sale amounts to less than five hundred dollars. Any person
violating the provisions of this section shall be guilty of a class D
felony for the second and subsequent offense if the sale amounts to less
than five hundred dollars. Any person violating the provisions of this
section shall be guilty of a class C felony for the first and all
subsequent offenses if the sale amounts to five hundred dollars or more.
"Sale" means the exchange of an amount of money, other negotiable
instruments, or property of value received by the person or persons
selling the prohibited species. "Sale", for purposes of this section,
shall also mean the intention to exchange an amount of money, other
negotiable instruments or property of value for a prohibited species. For
the purposes of this section "property" is defined by section 570.010,
RSMo, and value shall be ascertained as set forth in section 570.020,
RSMo. (L. 1989 H.B. 214, A.L. 1993 H.B. 306, A.L. 2002 H.B. 1888)

1. The importation, transportation, or sale of any endangered
species of fish or wildlife, or hides or other parts thereof, or the sale
or possession with intent to sell any article made in whole or in part
from the skin, hide or other parts of any endangered species of fish or
wildlife is prohibited. For the purposes of this section, "endangered
species" shall mean those species of fish and wildlife designated by the
department of conservation, by rule filed with the secretary of state,
and those species listed by the United States Department of the Interior,
as threatened or endangered.

2. The exportation, transportation, or sale of any endangered species of
plant, or parts thereof, or the sale of or possession with intent to sell
any product made in whole or in part from any parts of any endangered
species of plants is prohibited, unless authorized by regulation. For
purposes of this section, "endangered species of plants" shall mean those
species of plants which are designated as rare or endangered by the
department of conservation or listed in the "United States List of
Endangered and Threatened Wildlife and Plants" pursuant to the Endangered
Species Act of 1973, Public Law 93-205 (87 STAT 884) as amended, or
listed in the "Appendices on the Convention of International Trade in
Endangered Species of Wild Fauna and Flora".

3. Such rule shall take effect sixty days after it has been filed with
the secretary of state.

4. Any publicly owned and operated zoo shall be exempt from the
provisions of this section. The provisions of this section shall not
apply to legally acquired wildlife held under permit or to wildlife
legally taken in another state or to articles manufactured before January
1, 1973.

5. The collecting, digging, or picking of any rare or endangered plant
without the permission of the property owner is prohibited.

6. Any person violating the provisions of this section is guilty of a
class B misdemeanor. (L. 1972 H.B. 790 §§ 1, 2, 4, A.L. 1984 H.B. 1079)

1. No person shall hunt or fish during a period when any permit
or privilege allowing such person to hunt or fish is suspended, revoked,
or denied by any court of this state or by the conservation commission
during the term of such suspension, revocation, or denial.

2. Violation of subsection 1 of this section is a class A misdemeanor.

3. The penalties prescribed by this section shall be in addition to, and
not in lieu of, any other penalties prescribed by law. (L. 1993 H.B. 306
§ 1)

1. Any political subdivision, elementary or secondary school, or
any charitable, religious, fraternal or other not-for-profit organization
may prepare or serve wild game, provided that there shall be no charge
for the wild game served, in connection with:

(1) The organization's meetings;

(2) A fund-raising event; or

(3) Meals provided to indigent persons free of charge or at a reduced
rate.

2. Except for venison donated or distributed pursuant to section 537.115,
RSMo, an organization preparing or serving wild game shall visibly post
at the entrance to the dining area a sign bearing the following message:
"Public Notice: The wild game served at this facility has not been
subject to state or federal inspection". The words of the message shall
be written or printed in letters of not less than three-fourths of an
inch high and three-fourths of an inch wide, and shall be readable.

3. Any individual or group of individuals may donate wild game, or
collect and transport wild game to an organization pursuant to subsection
1 of this section, provided such wild game has been legally taken
according to law and the rules and regulations relating to wildlife. Any
wild game donated shall be accompanied by the name, address and phone
number of the individual making such donation and shall be affixed to the
individual package or the container holding more than one package.

4. In accordance with the rules and regulations relating to wildlife, any
wild game that is captured or killed to prevent private property damage
may be donated to any charitable organization approved by the department
of conservation. The department shall maintain a list of approved
organizations and shall make the list available upon request.

5. For purposes of this section, "wild game" shall include, but not be
limited to, bear, deer, elk, hares, moose, rabbits, fox squirrels, black
and gray squirrels, muskrat and game birds, except migratory birds
regulated by the federal government, as defined by the rules and
regulations relating to wildlife. (L. 1998 S.B. 596)

1. The department of conservation may recruit, train and utilize
the services of volunteers, whose services may supplement the programs
administered by the department of conservation.

2. Volunteers recruited, trained or utilized by the department of
conservation shall comply with applicable rules and policies of the
department of conservation.

3. The department shall:

(1) Provide necessary staff for the management and development of
volunteer programs;

(2) Develop opportunities for citizen involvement in department-
administered programs;

(3) Develop and provide to all volunteers written rules governing the job
descriptions, recruitment, screening, training, responsibility, use and
supervision of volunteers;

(4) Educate volunteers regarding their duties and responsibilities;

(5) Provide for the recognition of volunteers who have offered
exceptional service to the department.

4. Volunteers or persons functioning within the scope and purpose of the
designated authority and specifically authorized by the department
director shall be unpaid employees and shall be accorded the protection
of the legal expense fund and liability provisions.

5. Reimbursement for transportation and other necessary expenses may be
furnished to the volunteers whose presence on special assignment is
determined to be necessary by the department. Such expenses shall be
reimbursed from the regular appropriations of the department. Volunteers
specifically authorized by the department director may use state vehicles
in the performance of department-related functions, subject to the rules
and regulations governing the use of state vehicles by paid staff.

6. As used in this section, "volunteer" means any person who, of the
person's own free will, performs any assigned duties for the department
with no monetary or material compensation.

7. Any person serving as a volunteer may be terminated from service in
such capacity by the director of the department. (L. 1997 H.B. 424)

1. The conservation commission may enter into an interstate
wildlife violators compact with any one or more states.

2. The commission may adopt such rules as are necessary for the
implementation of the compact. (L. 1998 S.B. 596)

1. Sections 252.300 to 252.333 shall be known and may be cited
as "The Missouri Economic Diversification and Afforestation Act of 1990".

2. It is the intent of sections 252.300 to 252.333 to address
environmental, economic, and social programs with a long-term, integrated
strategy that will result in soil conservation, improved water and air
quality, enhanced wildlife habitat, increased job opportunities, and
reduced social problems, to the benefit of all citizens of the state of
Missouri. (L. 1990 H.B. 1653 § 1)

The department may develop and implement, in cooperation with
the University of Missouri college of agriculture, the University of
Missouri center for agroforestry, the University of Missouri extension
service, the Missouri department of natural resources, private industry
councils and the Missouri department of agriculture, an agroforestry
program. The program shall be designed to encourage the development of a
state program of agroforestry, and shall encourage soil conservation and
diversifications of the state's agricultural base through the use of
trees planted in an agroforestry configuration to accommodate alley
cropping, forested-riparian buffers, silvopasture and windbreaks. (L.
1990 H.B. 1653 § 2, A.L. 1993 S.B. 84, A.L. 2001 H.B. 904 merged with
S.B. 462)

As used in sections 252.300 to 252.333, the following terms
shall mean:

(1) "Alley cropping", planting rows of trees at wide spacings and
cropping the alleyways;

(2) "Conservation reserve program", the conservation reserve program
authorized by the Federal Food Security Act of 1985, as amended, (Title
XII, P.L. 99-198), or its successor program;

(3) "Department", the Missouri department of conservation;

(4) "Director", the director of the Missouri department of conservation;

(5) "Eligible land", agricultural land which is susceptible to soil
erosion that has a recent cropping history, marginal pastureland, land
surrounding livestock enclosures and riparian zones;

(6) "Eligible practices", single or multiple rows of trees, alone or
combined with other plants such as grass, conventional row crops or
horticulture crops, and animals located at intervals of distance within
or around fields, around livestock enclosures, and along streams and
rivers, specifically designed to provide production and environmental
enhancement benefits in accordance with the practices identified in
section 252.303;

(7) "Enhancement phase", the period of time, not to exceed ten years,
immediately following the establishment phase, during which payments are
made by the state of Missouri to landowners who use their eligible land
for agroforestry purposes as required by the department;

(8) "Establishment phase", the period of time during which eligible land
is being prepared for planting trees and developing agroforestry
practices, as determined by the director of the department;

(9) "Forested-riparian buffers", a combination of trees and other
vegetation established parallel to streams and rivers;

(10) "Silvopasture", combining trees with forage and livestock;

(11) "Windbreaks", planting single or multiple rows of trees for
protection and enhanced production of crops and animals. (L. 1990 H.B.
1653 § 3, A.L. 1993 S.B. 84, A.L. 2001 H.B. 904 merged with S.B. 462)

1. The director may enter into agreements with individual
landowners to make incentive payments during the enhancement phase to
landowners. Recipients of such payments shall utilize the land for which
such payment is made for agroforestry purposes as required by the
director pursuant to sections 252.300 to 252.333.

2. The amount of state incentive payment made to a landowner per acre of
eligible land shall be an amount which, when added to any cash or in-kind
net income produced by crops raised on the land, is substantially equal
to the amount per acre previously paid or which would have been paid to
the landowner under the federal conservation reserve program.

3. If an application made pursuant to section 252.315 is approved by the
director, the director shall develop a schedule of annual payments to be
made by the state.

4. The state shall not make any payment to a landowner to maintain the
use of eligible land during the enhancement phase for agroforestry
purposes after ten years have elapsed since the first such incentive
payment is made. (L. 1990 H.B. 1653 § 4, A.L. 1993 S.B. 84, A.L. 2001
H.B. 904 merged with S.B. 462)

The state payments provided for in sections 252.309, 252.330,
and 252.333 may be made from funds available to the department of
conservation, soil conservation funds made available by the department of
natural resources from the tax imposed by sections 47(a), 47(b) and 47(c)
of article IV of the Constitution of Missouri, funds appropriated by the
general assembly for that purpose, grants, bequests or gifts, or any
combination thereof. (L. 1990 H.B. 1653 § 5)

1. To participate in the program, the landowner shall make
application to the director in writing. The written application shall
show the number of acres to be placed in the program and that the land
which is to be placed in the agroforestry program meets the eligibility
requirements of this section. The application shall also contain a
detailed plan of the landowner's proposal to meet the requirements of
sections 252.300 to 252.333, including the type and number of trees to be
planted, established, or managed, the type of compatible grass, other
crops and such other information as may be deemed necessary. The number
of trees required to satisfy eligibility may vary with agroforestry
practice, but in each case shall be a sufficient number to guarantee the
success of the practice and shall be consistent with standards
established for each practice.

2. The director shall review each application. In reviewing the
application the director shall determine the type or types of soil
located in the area of the land proposed to be included in the
agroforestry program and shall apply the land capability classification
system to determine the potential or limitations of the land for
inclusion in the program. Before the director acts upon the application,
an on-site inspection shall be made by a representative of the department
of conservation or its approved agent. The inspecting representative
shall attest to the efficacy of the agroforestry plan to be used, the
number of acres to be placed under agroforestry management, the species
and number of trees to be planted, established, or managed, and other
crop components of the proposed program. After the report of the on-site
inspector and the review by the director, the director shall determine
the landowner's eligibility to participate in the agroforestry program
and shall determine the amount of cost sharing, including in-kind and
labor components, for the landowner. If the director fails to approve an
application, the aggrieved landowner may request a hearing before the
conservation commission or its authorized representative within thirty
days of notice to the landowner of the failure of the conservation
department to approve the application, or the landowner may proceed under
the provisions of section 536.150, RSMo, as if the act of the
conservation department was one not subject to administrative review. If
an action is brought pursuant to section 536.150, RSMo, venue shall be in
Cole County. (L. 1990 H.B. 1653 § 6, A.L. 1993 S.B. 84, A.L. 2001 H.B.
904 merged with S.B. 462)

1. All land participating in the agroforestry program shall be
inspected annually by a representative of the director, to ensure that
the land continues to comply with the requirements of sections 252.300 to
252.333 and that practice specifications are being maintained in
accordance with applicable rules and regulations.

2. If the annual inspection determines that the land is no longer in
compliance with the provisions of sections 252.300 to 252.333 or with the
rules and regulations promulgated pursuant to the provisions of sections
252.300 to 252.333, the director shall notify the landowner of that fact
and shall detail the specifics in which the land fails to meet the
requirements. The landowner may respond to the notice within thirty days
of receipt, either by contesting the inspection report or by providing
the director with a proposal to correct the problems which form the basis
of the notice. If the landowner contests the findings of the annual
inspection, the aggrieved landowner may request a hearing before the
conservation commission or its authorized representative or the landowner
may proceed under the provisions of section 536.150, RSMo, as if the act
of the conservation department was one not subject to administrative
review. If an action is brought pursuant to section 536.150, RSMo, venue
shall be in Cole County. If the landowner provides the director with a
proposal to correct the problems which form the basis of the notice, the
director shall review the proposal and, if the director finds such
proposal acceptable, shall allow the landowner to implement the proposal
to correct the alleged problems and shall not suspend the annual payment
to the landowner under the provisions of sections 252.300 to 252.333. If
the landowner is unable or unwilling to correct the alleged problems in a
manner acceptable to the director, the landowner shall not receive the
subsequent payments due under the provisions of sections 252.300 to
252.333. (L. 1990 H.B. 1653 § 7)

The University of Missouri center for* agroforestry and
extension service, in consultation with the director, shall establish
agroforestry demonstration areas, and develop and deliver the educational
components of sections 252.300 to 252.333. (L. 1990 H.B. 1653 § 8, A.L.
2001 H.B. 904 merged with S.B. 462)

*Word "of" appears in original rolls.

1. The director may promulgate rules and regulations necessary
to carry out the provisions of sections 252.300 to 252.333. Before
promulgating any such rule, the director shall seek the advice and
comments of the University of Missouri college of agriculture, the
University of Missouri center for agroforestry, the University of
Missouri extension service, the Missouri department of natural resources,
private industry councils, the Missouri department of economic
development and the Missouri department of agriculture. The director may
seek advice and comments before promulgating rules and regulations from
the United States Department of Agriculture and any other entities deemed
advisable by the director. No rule or portion of a rule promulgated under
the authority of this chapter shall become effective unless it has been
promulgated pursuant to the provisions of chapter 536, RSMo.

2. The Missouri department of conservation may contract with the division
of soil and water conservation of the Missouri department of natural
resources for any administrative functions required under the provisions
of sections 252.300 to 252.333. (L. 1990 H.B. 1653 § 9, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3, A.L. 2001 H.B. 904 merged with S.B. 462)

1. The department of conservation and the department of economic
development and the University of Missouri college of agriculture shall,
by each of the dates specified in subsection 2 of this section, jointly
produce a report on the agroforestry program which:

(1) Provides a status report on the afforestation aspects of the
agroforestry program by presenting a forecast of anticipated economic
developments from the afforestation in the state as a result of the
agroforestry program;

(2) Suggests public or private sector initiatives that will potentially
serve to maximize the economic benefits for related new development and
expansion of existing businesses resulting from the agroforestry program;

(3) Suggests methods to promote the development of wood and other
forestry related products;

(4) Suggests public or private sector initiatives or methods which will
result in significant increases in job opportunities and employment.

2. The report shall be submitted to the governor and to the general
assembly by January thirty-first of each of the following years: 1996,
2001, 2006, 2011, 2016, 2021, and 2026. (L. 1990 H.B. 1653 § 10)

During the establishment phase, the director may pay for the
planting of trees on eligible land which is used for agroforestry
pursuant to sections 252.300 to 252.333. Such payment shall be limited to
expenses which are determined to be reasonable and necessary by the
director, but shall not exceed seventy-five percent of the cost of
establishment. (L. 1990 H.B. 1653 § 11, A.L. 2001 H.B. 904 merged with
S.B. 462)

The director may make incentive payments for agroforestry
purposes of land enrolled in this program. The duration of such payments
shall not exceed ten years. The director may also expend funds to plant
trees on such land. Such expenditures may include both planting and
associated practices as determined by the director. (L. 1990 H.B. 1653 §
12, A.L. 1993 S.B. 84, A.L. 2001 H.B. 904 merged with S.B. 462)

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