PURPOSE: This rule delineates the privileges and requirements associated with the Licensed Trout Fishing Area Permit. (1) A representative of the department shall inspect each proposed licensed trout fishing area to determine that it meets all requirements of this rule before a permit is issued. (2) Permits will not be issued for water areas where: (A) The department manages trout populations that are maintained by stocking or natural reproduction. (B) The release of trout is likely to jeopardize any wildlife designated as a state or federal threatened or endangered species. (C) There is not year-round trout habitat. (3) A permittee may release legally-acquired rainbow trout or brown trout for fishing and harvest throughout the year, under the following conditions: (A) The immediate source of the trout to be stocked must be currently certified as negative for viral hemorrhagic septicemia, infectious pancreatic necrosis, infectious hematopoietic necrosis, Myxobolus cerebralis, or other diseases which may threaten fish stocks within the state, must have been certified negative for the previous three (3) consecutive years, and must not pose a threat of introducing unwanted species. The immediate source of trout to be stocked must be certified as currently free of Salmincola spp. except that this requirement will not apply to trout stocked from a trout production facility contiguous with the licensed trout fishing area. Certification will only be accepted from federal, state, or industry personnel approved by the department and only in accordance with provisions of fish importation permit regulations (see 3 CSR 10-9.110(4)). (B) The permittee shall keep an accurate record of all trout of each species released into and taken from the licensed trout fishing area. These records shall be subject to inspection by an authorized agent of the department at any reasonable time. The permittee shall provide each customer or guest with a receipt indicating the date and number of trout taken. Customers or guests must retain this receipt during transport and storage of the trout. (4) Customers or guests may fish for and take rainbow trout and brown trout in any numbers within the licensed trout fishing area without additional permits. (5) A Licensed Trout Fishing Area Permit is not required for stocking trout into an impoundment that is not subject to movement of fishes to and from waters of the state and is entirely confined and located completely upon lands owned or leased by a single person or by two (2) or more persons jointly or as tenants in common or by corporate shareholders. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.240, RSMo 2000. [FNa] Original rule filed April 24, 2000, effective March 1, 2001. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed April 20, 2005, effective Sept. 30, 2005. Amended: Filed Sept. 25, 2009, effective March 1, 2010. [FNa] . Original authority: 252.240, RSMo 1972, amended 1984.
Citation: 3 Mo. Code of State Regulations 10-9.645