Owner May Protect Property; Public Safety

PURPOSE: This rule establishes provisions for capturing or killing wildlife that is damaging private property to prevent further damage. (1) Subject to federal regulations governing the protection of property from migratory birds (including raptors), any wildlife except white-tailed deer, mule deer, elk, turkeys, black bears, mountain lions, and any endangered species which beyond reasonable doubt is damaging property may be captured or killed by the owner of the property being damaged, or by his/ her representative, at any time and without permit, but only by shooting or trapping except by written authorization of an agent of the department but, for avian control, only by written authorization of the director or his/her designee. Wildlife may be so controlled only on the owner’s property to prevent further damage. (2) Except as otherwise authorized by an agent of the department— (A) Use of traps shall be in compliance with 3 CSR 10-8.510. (B) Wildlife so captured or killed must be reported to an agent of the department within twenty-four (24) hours. (3) Wildlife captured or killed shall be disposed of only in accordance with the instructions of an agent of the department. (4) White-tailed deer, mule deer, elk, turkeys, and endangered species that are causing damage may be killed only with the permission of an agent of the department and by methods authorized by him/her. (5) Black bears that are causing damage may be killed only with the permission of an agent of the department and by methods authorized by him/her, except that they may be killed without prior permission if they are attacking or killing livestock or domestic animals, or attacking humans. Black bears killed under this rule must be reported immediately to an agent of the department and the intact black bear carcass, including pelt, must be surrendered to the agent within twenty-four (24) hours. (6) Mountain lions may be killed without prior permission if they are attacking or killing livestock or domestic animals, or if they are threatening human safety. Any mountain lion killed under this rule must be reported immediately to an agent of the department and the intact mountain lion carcass, including pelt, must be surrendered to the agent within twenty-four (24) hours. (7) In addition to the other provisions of this rule, and subject to federal regulations governing the protection of property from migratory birds (including raptors), any wildlife except white-tailed deer, mule deer, elk, turkeys, black bears, moun tain lions, and endangered species may be captured or killed to prevent damage to property when other property protection measures have been unsuccessful or there is good reason to be lieve such measures are impractical or would be unsuccessful, but only with the permission of an agent of the department by methods authorized by him/her. AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const., and section 252.040, RSMo 2016.* Original rule filed Aug. 15, 1973, effective Dec. 31, 1973. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Amended: Filed July 30, 1987, effective Jan. 1, 1988. Amended: Filed Aug. 9, 1988, effective Jan. 1, 1989. Amended: Filed Aug. 8, 1989, effective Jan. 1, 1990. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed April 27, 1994, effective Jan. 1, 1995. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed May 10, 1999, effective March 1, 2000. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed March 19, 2007, effective Aug. 30, 2007. Amended: Filed Sept. 27, 2007, effective Feb. 29, 2008. Amended: Filed May 31, 2011, effective Oct. 30, 2011. Amended: Filed Sept. 27, 2013, effective March 1, 2014. Amended: Filed Aug. 26, 2019, effective Feb. 29, 2020. Amended: Filed April 4, 2025, effective Oct. 30, 2025. *Original authority: 252.040, RSMo 1945, amended 1989.