Title; Authority

PURPOSE: This rule defines the Wildlife Code, provides that its rules are severable and establishes enforcement authority. The rules of the Conservation Commission and statutory laws not inconsistent therewith shall constitute the Wildlife Code of Missouri, designated as the “Code.” The rules of the Conservation Commission are severable and if any rule or portion of this Code is held invalid, the remainder shall not be affected. The boldface caption for any rule does not affect the meaning of the rule. All authorized agents of the department and all duly constituted peace officers are authorized to enforce the provisions of this Code. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed Aug. 18, 1967, effective Dec. 31, 1967. Amended: Filed July 30, 1987, effective Jan. 1, 1988. Marsh v. Bartlett 343 Missouri 526, 121 SW2d 737 (1938). As regards administrative authority found in the Wildlife Code, violations of the Code are not unconstitutional delegations of legislative power because punished as offenses. “Regulatory” authority of the Conservation Commission includes ordinarily the means to adjust, order or govern by rule or established mode; direct or manage according to certain standards or rules. Schley v. Conservation Commission of Missouri, 329 SW2d 736 (Mo. 1959). Rules promulgated by the Missouri Conservation Commission, especially those bearing criminal penalties, are subject to the same rule of definiteness as statutes.