PURPOSE: This rule specifies the types of traps that are permitted and the restrictions on their use. (1) Traps shall have smooth or rubber jaws only, and may include foot-hold traps, Conibear® or other killing-type traps, foot-enclosing-type traps, cage-type traps, colony traps with openings no greater than six inches (6″) in height and six inches (6″) wide, or snares (as defined in 3 CSR 10-20.805) set under water only, and cable restraint devices (as defined in 3 CSR 10-20.805). Use of pit-falls, deadfalls, snares set in a dry land set, and nets are prohibited. (2) Traps, snares, and cable restraint devices shall be plainly labeled, on durable material, with the user's full name and address or Conservation Number. Wildlife held in traps, snares, or cable restraint devices may be killed or removed only by the user. Conibear® or other killing-type traps set under water and colony traps set under water shall be attended and wildlife removed at least once every forty-eight (48) hours. All other traps, snares, and cable restraint devices must be attended daily and wildlife removed or released. Traps may not be set in paths made or used by persons or domestic animals, and Conibear® or other killing-type traps may not be set along public roadways, except under water in permanent waters. Except as provided in 3 CSR 10-4.130, only cage-type traps or foot-enclosing-type traps may be set within one hundred fifty feet (150′) of any residence or occupied building located within the established boundaries of cities or towns containing ten thousand (10,000) or more inhabitants. Homes, dens, or nests of furbearers shall not be molested or destroyed. Traps may be used in conjunction with electronic calls. (3) Use of Conibear® or Other Killing-Type Traps. (A) No Conibear® or other killing-type traps with a jaw spread greater than five inches (5″) shall be used in any dry land set. (B) Conibear® or other killing-type traps with a jaw spread not greater than eight inches (8″) may be set six feet (6′) or more above ground level in buildings. (C) Conibear® or other killing-type traps of any size may be set under water. Conibear® or other killing-type traps having no food, scent, or visual lure placed within one foot (1′) of the trap may be partially exposed above water provided the hinges are fully submerged. (4) Use of Snares and Cable Restraint Devices. (A) Snares (except as provided in subsection (4)(B)) must be set under water. Snares(as defined in 3 CSR 10-20.805) must have a loop fifteen inches (15″) or less in diameter when set and must have a stop device that prevents the snare from closing to less than two and one-half inches (2 1/2″) in diameter. (B) Furbearers may be taken by trapping through the use of cable restraint devices during specified seasons (3 CSR 10-8.515). Cable restraint devices (as defined in 3 CSR 10-20.805) must have a loop size of twelve inches (12″) in diameter or smaller when set, and the bottom of set restraint cable loop must be at least six inches (6″) or greater above the ground. Cable restraint devices must be anchored solid or staked in a location not allowing entanglement (such as rooted, woody vegetation greater than one-half inch (1/2″) in diameter), and shall not be capable of extending to within twelve inches (12″) of a fence, nor shall be set using a drag, or used with a kill-pole. Cable restraint devices may not be used within one hundred fifty feet (150′) of any residence, occupied building, or a driveway leading to a residence. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016. [FNa] Original rule filed Sept. 20, 1957, effective Dec. 31, 1957. Amended: Filed July 13, 1976, effective Dec. 31, 1976. Amended: Filed June 13, 1977, effective Dec. 1, 1977. Amended: Filed June 27, 1980, effective Oct. 11, 1980. Amended: Filed June 30, 1982, effective Oct. 11, 1982. Amended: Filed May 10, 1990, effective Jan. 1, 1991. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed June 9, 1993, effective Jan. 1, 1994. Amended: Filed April 27, 1994, effective Jan. 1, 1995. Amended: Filed May 30, 1995, effective Jan. 21, 1996. Amended: Filed June 11, 1997, effective March 1, 1998. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed Oct. 9, 2003, effective March 30, 2004. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 2, 2006, effective Feb. 28, 2007. Amended: Filed March 23, 2009, effective March 1, 2010. Amended: Filed Sept. 30, 2010, effective March 1, 2011. Amended: Filed Aug. 2, 2012, effective Jan. 30, 2013. Amended: Filed Feb. 26, 2015, effective Aug. 30, 2015. Amended: Filed Aug. 29, 2017, effective March 1, 2018. [FNa] . Original authority: 252.040, RSMo 1945, amended 1989. Current with amendments included in the Missouri Register, Volume 43, Number 5, dated March 1,2018.
Citation: 3 Mo. Code of State Regulations 10-8.510