Mo. Code Regs. tit. 3 § 10-4.111

Current through Register Vol. 49, No. 19, October 1, 2024
Section 3 CSR 10-4.111 - Endangered Species

PURPOSE: This amendment adds to the state endangered species list two (2) crayfish species found in the St. Francis River watershed and a freshwater mussel species found in the Black, Current, Spring, and St. Francis river watersheds that have undergone significant declines and received federal listing as threatened species.

(1) The importation, transportation, sale, purchase, taking, or possession of any endangered species of wildlife, or hides or other parts thereof, or the sale or possession with intent to sell of any article made in whole or in part from the skin, hide, or other parts of any endangered species of wildlife is prohibited; provided, that this rule shall not apply to legally acquired wildlife held under permit or held by a public zoo or museum or to articles manufactured before January 1, 1973. Endangered wildlife taken legally outside Missouri may be imported, transported, or possessed, but may not be sold or purchased without written approval of the director.
(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 plant is prohibited.
(3) For the purpose of this rule, endangered species of wildlife and plants shall include the following native species designated as endangered in Missouri:
(A) Mammals: gray bat, Ozark big-eared bat, Indiana bat, northern long-eared bat, black-tailed jackrabbit, spotted skunk;
(B) Birds: northern harrier, interior least tern, Swainson's warbler, snowy egret, king rail, Bachman's sparrow, American bittern, greater prairie-chicken;
(C) Reptiles: western chicken turtle, Blanding's turtle, yellow mud turtle, Mississippi green watersnake, eastern massasauga, prairie massasauga;
(D) Amphibians: eastern hellbender, Ozark hellbender;
(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;
(F) Mussels: Curtis pearlymussel, Higgins' eye, pink mucket, fat pocketbook, ebonyshell, elephant ear, winged mapleleaf, sheepnose, snuffbox, scaleshell, spectaclecase, Neosho mucket, rabbitsfoot, salamander mussel, slippershell mussel, western fanshell;
(G) Crayfish: Big Creek crayfish, Caney Mountain Cave crayfish, coldwater crayfish, Spring River crayfish, St. Francis River crayfish;
(H) Other Invertebrates: American burying beetle, Hine's emerald dragonfly, Tumbling Creek cavesnail; and
(I) Plants: small whorled pogonia, Mead's milkweed, decurrent false aster, Missouri bladderpod, geocarpon, running buffalo clover, pondberry, eastern prairie fringed orchid, western prairie fringed orchid, Virginia sneezeweed.
(4) To provide essential protection to endangered species, the director may establish refuges not to exceed one (1) square mile for not more than sixty (60) days.

3 CSR 10-4.111

AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed Aug. 15, 1973, effective Dec. 31, 1973. Amended: Filed July 13, 1976, effective Dec. 31, 1976. Amended: Filed June 27, 1977, effective Jan. 1, 1978. Amended: Filed Aug. 4, 1978, effective Jan. 1, 1979. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Amended: Filed July 31, 1981, effective Jan. 1, 1982. Amended: Filed Aug. 1, 1983, effective Jan. 1, 1984. Amended: Filed Aug. 3, 1984, effective Jan. 1, 1985. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed Aug. 8, 1989, effective Jan. 1, 1990. Amended: Filed May 10, 1990, effective Jan. 1, 1991. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed April 28, 1992, effective Jan. 15, 1993. Amended: Filed April 27, 1994, effective Jan. 1, 1995. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. Amended: Filed May 6, 1998, effective March 1, 1999. Amended: Filed May 10, 1999, effective March 1, 2000. Amended: Filed Dec. 18, 2000, effective May 30, 2001. Amended: Filed Dec. 19, 2001, effective May 30, 2002. Amended: Filed Aug. 30, 2002, effective Jan. 30, 2003. Amended: Filed May 9, 2003, effective Oct. 30, 2003. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed April 17, 2006, effective Nov. 30, 2006. Amended: Filed Oct. 10, 2008, effective March 30, 2009.
Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014
Amended by Missouri Register January 17, 2017/Volume 42, Number 02, effective 3/1/2017
Amended by Missouri Register January 15, 2020/Volume 45, Number 2, effective 2/29/2020
Amended by Missouri Register July 1, 2020/Volume 45, Number 13, effective 8/31/2020
Amended by Missouri Register July 1, 2021/Volume 46, Number 13, effective 8/31/2021
Amended by Missouri Register July 3, 2023/Volume 48, Number 13, effective 8/31/2023
Amended by Missouri Register January 16, 2024/volume 49, Number 02, effective 2/29/2024.

*Original authority: 252.240, RSMo 1972, amended 1984.