Missouri Register Volume 46 Number 1, January 4, 2021

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by  Missouri Secretary of State, Administrative Rules Division

Volume 46, Number 1
Pages 1–34
January 4, 2021
S A L U S P O P U L I S U P R E M A L E X E S T O
“The welfare of the people shall be the supreme law.”
J o h n R . A s h c r o ft
Secretary of State
M I S S O U R I

R E G I S T E R
The Missouri Register is an official publication of the state of Missouri, under the authority granted to
the secretary of state by sections 536.015 and 536.033, RSMo. Reproduction of rules is allowed; how-
ever, no reproduction shall bear the name Missouri Register or “official” without the express permission
of the secretary of state.
The Missouri Register is published semi-monthly by
S S
ECRETARY OF TATE
John R. Ashcroft
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
[phone]
EDITOR-IN-CHIEF
CURTIS W. TREAT
·
MANAGING EDITOR
JOHN C. STEGMANN
·
EDITOR
VONNE KILBOURN
·
ASSOCIATE EDITOR
JENNIFER ALEX MOORE
·
PUBLICATION SPECIALIST
JACQUELINE D. WHITE
·
ADMINISTRATIVE AIDE
TAMMY WINKELMAN
ISSN 0149-2942
The Missouri Register and Code of State Regulations (CSR) are available on the Internet. The Register address is
sos.mo.gov/adrules/moreg/moreg and the CSR is sos.mo.gov/adrules/csr/csr. The Administrative Rules Division may be contacted by
email at [email protected].
The secretary of state’s office makes every effort to provide program accessibility to all citizens without regard to disability. If you desire
this publication in alternate form because of a disability, please contact the Division of Administrative Rules, PO Box 1767, Jefferson City,
MO 65102, [phone]. Hearing impaired citizens should contact the director through Missouri relay, [phone].
M R
ISSOURI EGISTER
January 4, 2021 Vol. 46 No. 1 Pages 1–34
II TT II ::
NN HHIISS SSSSUUEE
EMERGENCY RULES SOURCE GUIDES
Department of Commerce and Insurance RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . . .20
State Board of Pharmacy . . . . . . . . . . . . . . . . . . . . . . . .5 EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . . .25
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .27
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . .7 REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
PROPOSED RULES
Department of Conservation
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . .10
Department of Commerce and Insurance
State Board of Pharmacy . . . . . . . . . . . . . . . . . . . . . . . .12
State Committee of Psychologists . . . . . . . . . . . . . . . . . .13
ORDERS OF RULEMAKING
Department of Agriculture
State Milk Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
Department of Commerce and Insurance
Behavior Analyst Advisory Board . . . . . . . . . . . . . . . . . .15
State Board of Optometry . . . . . . . . . . . . . . . . . . . . . . .16
IN ADDITIONS
Public Defender Commission
Office of State Public Defender . . . . . . . . . . . . . . . . . . .17
Department of Health and Senior Services
Missouri Health Facilities Review Committee . . . . . . . . . .17
Department of Commerce and Insurance
Missouri Board for Respiratory Care . . . . . . . . . . . . . . . .17
DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . .18
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
September 1, 2020 October 1, 2020 October 31, 2020 November 30, 2020
September 15, 2020 October 15, 2020 October 31, 2020 November 30, 2020
October 1, 2020 November 2, 2020 November 30, 2020 December 30, 2020
October 15, 2020 November 16, 2020 November 30, 2020 December 30, 2020
November 2, 2020 December 1, 2020 December 31, 2020 January 30, 2021
November 16, 2020 December 15, 2020 December 31, 2020 January 30, 2021
December 1, 2020 January 4, 2021 January 29, 2021 February 28, 2021
December 15, 2020 January 15, 2021 January 29, 2021 February 28, 2021
January 4, 2021 February 1, 2021 February 28, 2021 March 30, 2021
January 15, 2021 February 16, 2021 February 28, 2021 March 30, 2021
February 1, 2021 March 1, 2021 March 31, 2021 April 30, 2021
February 16, 2021 March 15, 2021 March 31, 2021 April 30, 2021
March 1, 2021 April 1, 2021 April 30, 2021 May 30, 2021
March 15, 2021 April 15, 2021 April 30, 2021 May 30, 2021
April 1, 2021 May 3, 2021 May 31, 2021 June 30, 2021
April 15, 2021 May 17, 2021 May 31, 2021 June 30, 2021
Documents will be accepted for filing on all regular workdays from 8:00 a.m. until 5:00 p.m. We encourage early filings to facilitate the timely publication of the
Missouri Register. Orders of Rulemaking appearing in the Missouri Register will be published in the Code of State Regulations and become effective as listed in the
chart above. Advance notice of large volume filings will facilitate their timely publication. We reserve the right to change the schedule due to special circumstances.
Please check the latest publication to verify that no changes have been made in this schedule. To review the entire year’s schedule, please check out the website at
sos.mo.gov/adrules/pubsched.
HOW TO CITE RULES AND RSMO

RULES
The rules are codified in the Code of State Regulations in this system–

Title Division Chapter Rule
3 CSR 10- 4 .115
Department Code of Agency General area Specific area
State Division regulated regulated
Regulations

and should be cited in this manner: 3 CSR 10-4.115.

Each department of state government is assigned a title. Each agency or division in the department is assigned a division
number. The agency then groups its rules into general subject matter areas called chapters and specific areas called rules.
Within a rule, the first breakdown is called a section and is designated as (1). Subsection is (A) with further breakdown
into paragraphs 1., subparagraphs A., parts (I), subparts (a), items I. and subitems a.

The rule is properly cited by using the full citation, for example, 3 CSR 10-4.115 NOT Rule 10-4.115.

Citations of RSMo are to the Missouri Revised Statutes as of the date indicated.

Code and Register on the Internet

The Code of State Regulations and Missouri Register are available on the Internet.

The Code address is sos.mo.gov/adrules/csr/csr

The Register address is sos.mo.gov/adrules/moreg/moreg

These websites contain rulemakings and regulations as they appear in the Code and Registers.
Emergency Rules
January 4, 2021 MISSOURI
Vol. 46, No. 1 REGISTER
ACIP’s standard immunization schedule. HHS’ Declaration indicates
Rules appearing under this heading are filed under the “key components of the [federal COVID-19] response are rapidly
authority granted by section 536.025, RSMo. An emer- expanding COVID-19 testing across America, expanding access to
gency rule may be adopted by an agency if the agency finds childhood vaccinations to help address a decrease in childhood vac-
that an immediate danger to the public health, safety, or wel- cination rates due to the COVID-19 pandemic, and expanding access
fare, or a compelling governmental interest requires emer- to COVID-19 vaccines when they become available.” Simultaneously,
gency action; follows procedures best calculated to assure Missouri pharmacies have reported a significant increase in non-
fairness to all interested persons and parties under the cir- COVID related vaccine demand and have requested authorization to
utilize pharmacy technicians to help meet immunization needs.
cumstances; follows procedures which comply with the pro-
Licensees indicated additional immunization capacity will be espe-
tections extended by the Missouri and the United States
cially needed once mass vaccination efforts begin for COVID-19 vac-
Constitutions; limits the scope of such rule to the circum-
cine and during the 2020-2021 influenza season. In line with HHS’
stances creating an emergency and requiring emergency
Declaration and licensee requests, the proposed emergency amend-
procedure, and at the time of or prior to the adoption of such
ment would allow pharmacy technicians to administer medication
rule files with the secretary of state the text of the rule togeth-
and HHS authorized vaccines pursuant to a medical prescription
er with the specific facts, reasons, and findings which support order, provided the pharmacy technician is under supervision of a
its conclusion that there is an immediate danger to the public Missouri-licensed pharmacist qualified to administer medication.
health, safety, or welfare which can be met only through the Absent an emergency amendment, Missouri pharmacies would be
adoption of such rule and its reasons for concluding that the prohibited from delegating medication administration to pharmacy
procedure employed is fair to all interested persons and par- technicians under the rule, which will detrimentally impact the public
ties under the circumstances. safety, health and welfare of Missouri citizens. As a result, the
Rules filed as emergency rules may be effective not less Missouri State Board of Pharmacy finds there is an immediate danger
than ten (10) business days after filing or at such later to the public health, safety, and/or welfare and a compelling govern-
date as may be specified in the rule and may be terminated mental interest that requires this emergency action. A proposed
amendment, which covers this same material, will be published in
at any time by the state agency by filing an order with the sec-
this issue of the Missouri Register. The scope of this emergency
retary of state fixing the date of such termination, which order
amendment is limited to the circumstances creating the emergency
shall be published by the secretary of state in the Missouri
and complies with the protections extended in the Missouri and
Register as soon as practicable.
United States Constitutions. The Missouri State Board of Pharmacy
All emergency rules must state the period during which
believes this emergency amendment is fair to all interested persons
they are in effect, and in no case can they be in effect and parties under the circumstances. This emergency amendment was
more than one hundred eighty (180) calendar days or thirty filed November 25, 2020, becomes effective December 11, 2020, and
(30) legislative days, whichever period is longer. Emergency expires June 8, 2021.
rules are not renewable, although an agency may at any time
adopt an identical rule under the normal rulemaking proce- (2) Except as otherwise provided by law, a pharmacist may not dele-
dures. gate medication administration to another person, except to an intern
pharmacist or qualified pharmacy technician who has met the qual-
ifications under subsections (3)(B)–(E) and is working under the
Title 20—DEPARTMENT OF COMMERCE AND direct supervision of a pharmacist who has met the qualifications to
INSURANCE administer drugs pursuant to a medical prescription order.
Division 2220—State Board of Pharmacy (A) For purposes of this rule, a “qualified pharmacy techni-
Chapter 6—Pharmaceutical Care Standards cian” is defined as a currently registered Missouri pharmacy
technician who:
EMERGENCY AMENDMENT 1. Holds an active pharmacy technician certification issued
by a certification entity accredited by the National Commission
20 CSR 2220-6.040 Administration by Medical Prescription for Certifying Agencies,
Order. The board is amending sections (2), (6), and (7) and adding 2. Has an initial and, if applicable, annual documented
new section (9). assessment of competency in medication administration; and
3. Has assisted in the practice of pharmacy as a registered
PURPOSE: This emergency rule would allow pharmacy technicians pharmacy technician in the state of Missouri for a minimum of
to administer vaccines as authorized by the U.S. Department of one (1) year.
Health and Human Services during the COVID-19 pandemic. (B) Proof of an intern’s or qualified pharmacy technician’s com-
pliance with subsections (3)(B)–(E) must be maintained by both the
EMERGENCY STATEMENT: On January 31, 2020, the U.S. supervising pharmacist and the intern pharmacist/qualified pharma-
Department of Health and Human Services (HHS) declared a public cy technician for a minimum of two (2) years.
health emergency in response to the nationwide COVID-19 pandemic.
The Governor of Missouri declared a similar State of Emergency on (6) Record Keeping.
March 13, 2020, finding that COVID-19 poses a serious health risk (A) Pharmacists administering or supervising administration of
for Missouri residents. In response to the COVID-19 pandemic, HHS medication pursuant to this rule shall ensure the following records are
issued an emergency Declaration under the federal Public Readiness manually or electronically maintained separate from the prescription
and Emergency Preparedness Act (PREP Act) on October 20, 2020, files of a pharmacy for each administration:
to authorize qualified pharmacy technicians acting under the super- 1. The name, address, and date of birth of the patient;
vision of a pharmacist to administer FDA- authorized or FDA- 2. The date, route, and anatomic site of the administration;
licensed COVID-19 vaccines to persons ages three (3) or older, and 3. The medication name and dose. For vaccines and biologics,
to administer FDA-authorized or FDA-licensed ACIP-recommended the manufacturer, expiration date, and lot number must also be doc-
vaccines to persons ages three (3) through eighteen (18) according to umented and recorded;
5
January 4, 2021
Page 6 Emergency Rules Vol. 46, No. 1
4. For vaccines, the name and address of the patient’s primary
health care provider, as identified by the patient or an indication that
a primary health care provider was not provided;
5. The identity of the administering pharmacist, or if applicable,
the administering intern pharmacist or qualified pharmacy techni-
cian and his/her supervising pharmacist; and
6. If applicable, the nature of an adverse reaction and who was
notified.
(7) Notification Requirements. Pharmacists administering or super-
vising administration of medication under this rule, shall ensure:
[(A) The patient’s primary health care provider, if provided
by the patient, is notified of the following within fourteen
(14) days of administering a vaccine:
1. The identity of the patient;
2. The vaccine administered;
3. The route of administration;
4. The anatomic site of the administration;
5. The dose administered; and
6. The date of administration;]
(A) For vaccines, a pharmacist shall inform the patient that the
administration of the vaccine will be entered into the ShowMeVax
system, as administered by the Department of Health and Senior
Services. The patient shall attest to the inclusion of such informa-
tion in the system by signing a form provided by the pharmacist.
Entry into ShowMeVax must occur within fourteen (14) days. If
the patient indicates that he or she does not want such informa-
tion entered into the ShowMeVax system, the pharmacist must
provide a written report within fourteen (14) days of administra-
tion of a vaccine to the patient’s primary health care provider, if
provided by the patient, containing:
1. The identity of the patient;
2. The identity of the vaccine or vaccines administered;
3. The route of administration;
4. The anatomic site of the administration;
5. The dose administered; and
6. The date of administration;
(B) The prescriber is notified within twenty-four (24) hours after
learning of an adverse event or reaction experienced by a patient fol-
lowing administration. Notification is mandatory and cannot be
waived. Vaccine adverse events or reactions must also be reported
to the Vaccine Adverse Event Reporting System (VAERS) or its
successor, within thirty (30) days; and
(9) A qualified pharmacy technician administering medication
pursuant to this rule must be supervised by a Missouri-licensed
pharmacist who is authorized to administer medication pursuant
to this rule and who is physically present at the location when the
medication is administered.
AUTHORITY: section[s 338.140 and] 338.280, RSMo 2016, and
sections 338.010.1 and 338.140, RSMo Supp. [2017] 2020.
Emergency rule filed May 1, 2008, effective May 11, 2008, expired
Feb. 18, 2009. Original rule filed May 1, 2008, effective Nov. 30,
2008. Amended: Filed Dec. 15, 2017, effective June 30, 2018.
Emergency amendment filed Nov. 25, 2020, effective Dec. 11, 2020,
expires June 8, 2021. A proposed amendment covering this same
material is published in this issue of the Missouri Register.
PUBLIC COST: This emergency amendment will not cost state agen-
cies or political subdivisions more than five hundred dollars ($500)
in the time the emergency is effective.
PRIVATE COST: This emergency amendment will not cost private
entities more than five hundred dollars ($500) in the time the emer-
gency is effective.
January 4, 2021 Executive Orders MISSOURI
Vol. 46, No. 1 REGISTER
The Secretary of State shall publish all executive orders beginning January 1, 2003, pursuant to section 536.035.2, RSMo.
EXECUTIVE ORDER
20-19
WHEREAS, COVID-19 is a novel acute respiratory illness that is spread through close contact between persons
and respiratory transmissions and is highly contagious; and
WHEREAS, I have been advised by the Missouri Department of Health and Senior Services and the State
Emergency Management Agency that COVID-19 continues to pose a serious health risk for the citizens of the
State of Missouri. The spread of COVID-19 and the identification of additional cases in Missouri continues, and
steps are being taken to prevent a substantial risk to public health and safety; and
WHEREAS, Executive Order 20-02 was issued on March 13, 2020; extended on April 24, 2020 until June 15,
2020, through Executive Order 20-09; and extended on June 11, 2020 until December 30, 2020, through Executive
Order 20-12 declaring a State of Emergency within the State of Missouri; and
WHEREAS, Executive Order 20-04 was issued on March 19, 2020; extended in its entirety on May 4, 2020 until
June 15, 2020 through Executive Order 20-10; and extended in part on June 11, 2020 until December 30, 2020,
through Executive Order 20-12 ordering the temporary suspension of certain statutory and regulatory provisions
related to telemedicine and motor carriers, and vesting state agencies and executive boards and commissions with
authority to waive or suspend statutory or regulatory requirements, subject to approval from the Governor's
Office, where strict compliance would hinder the State's response to COVID-19, and to ease licensing
requirements to eliminate barriers to the provision of health care services and other professions; and
WHEREAS, Executive Order 20-05 was issued on March 23, 2020; extended on May 4, 2020 until June 15, 2020
through Executive Order 20-10; and extended on June 11, 2020 until December 30, 2020, through Executive
Order 20-12 ordering the temporary suspension of prohibitions on the sale of unprepared foods by restaurants;
and
WHEREAS, Executive Order 20-06 was issued on March 26, 2020; extended on May 4, 2020 until June 15, 2020,
through Executive Order 20-10; extended on June 11, 2020 until September 15, 2020, through Executive Order
20-12, and extended on September 15, 2020 until December 30, 2020, through Executive Order 20-16 ordering
and directing the Adjutant General of the State of Missouri, or his designee, to forthwith call and order into active
service such portions of the organized militia as he deems necessary to aid the executive officials of Missouri, to
protect life and property, and further ordered and directing that the Adjutant General or his designee, and through
him, the commanding officer of any unit or other organization of such organized militia so called into active
service take such action and employ such equipment may be necessary in support of civilian authorities, and
provide such assistance as may be authorized and directed by the Governor; and
WHEREAS, Executive Order 20-14 was issued on September 3, 2020, ordering the temporary suspension of any
physical appearance requirements as stated in Chapter 474 and authorizing the use of audio-visual technology
with criteria established in the Order until December 30, 2020; and
WHEREAS, the state of emergency, and Executive Orders 20-02, 20-04, 20-05, and 20-06, as extended through
other Executive Orders listed above, and Executive Order 20-14, will expire on December 30, 2020, unless
extended in whole or in part; and
7
January 4, 2021
Page 8 Executive Orders Vol. 46, No. 1
WHEREAS, an invocation of chapter 44, RSMo, is still required to ensure the protection, safety, and welfare of
the citizens of Missouri; and
WHEREAS, resources of the State of Missouri continue to be needed to combat the public health threat caused
by COVID-19 and to aid in Missouri's recovery to this emergency; and
WHEREAS, I find it necessary to extend the state of emergency and extend Executive Order 20-04, in part, and
Executive Orders 20-02, 20-05, 20-06, and 20-14 in whole.
NOW, THEREFORE, I, MICHAEL L. PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue of
the authority vested in me by the Constitution and the laws of the State of Missouri declare that a state of
emergency continues to exist in the State of Missouri and direct the Missouri State Emergency Operations Plan
to continue to remain activated. I therefore, extend until March 31, 2021 the state of emergency originally
contained in Executive Order 20-02, as extended by Executive Orders 20-09 and 20-12.
I also extend until March 31, 2021 the order suspending certain statutory and regulatory provisions related to
telemedicine and motor carriers, and vesting state agencies and executive boards and commissions with authority
to waive or suspend statutory or regulatory requirements, subject to my approval, where strict compliance would
hinder the State's response to CO VID-19, and to ease licensing requirements to eliminate barriers to the provision
of health care services and other professions contained in Executive Order 20-04, as extended by Executive Orders
20-10 and 20-12. The provision in Executive Order 20-04 which suspended the provisions of subsection 3 of
section 161.210, RSMo, and 5 CSR 20-400.330, 500-560, 590-610, and 640 relating to teacher certification with
regard to qualifying scores on exit examinations and culminating clinical experience in terms of semester hours,
weeks, and number of placements was terminated on June 11, 2020 through Executive Order 20-12 and is not
revived by this Order. All other provisions in Executive Order 20-04 remain in full force and effect. All statutory
and regulatory waivers currently in effective will remain in effect through the duration of the state of emergency
unless rescinded by the state agency, executive board, or commission, subject to approval of the Governor's
Office.
I extend until March 31, 2021 the order allowing the temporary suspension of prohibitions on the sale of
unprepared foods by restaurants contained in Executive Order 20-05, as extended by Executive Orders 20-10 and
20-12.
I extend until March 31, 2021 the order to the Adjutant General of the State of Missouri, to forthwith call and
order into active service such portions of the organized militia as he deems necessary to aid the executive officials
of Missouri, to protect life and property contained in Executive Order 20-06, as extended by Executive Orders
20-10, 20-12, and 20-16.
I extend until March 31, 2021 the order temporarily suspending any physical appearance requirements as stated
in Chapter 474 and authorizing the use of audio-visual technology with criteria contained in Executive Order 20-
14.
This order shall terminate on March 31, 2021, unless extended in whole or in part.
January 4, 2021
Vol. 46, No. 1 Missouri Register Page 9
IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be affixed the Great Seal of the
State of Missouri, in the City of Jefferson, on this 19th
day of November, 2020.
MICHAEL L. PARSON
GOVERNOR
ATTEST:
JOHN R. A CROFT
SECRETARY OF STATE
Proposed Rules
MISSOURI January 4, 2021
REGISTER Vol. 46, No. 1
(A) In Southeast Missouri no person shall take, attempt to take, or
Under this heading will appear the text of proposed rules pursue wildlife, except waterfowl, during the fall deer and turkey sea-
and changes. The notice of proposed rulemaking is son(s) in:
required to contain an explanation of any new rule or any 1. Zone 1 (Scott County) when the Mississippi River level is at
change in an existing rule and the reasons therefor. This is set or above [thirty-three feet (33’)] thirty-five feet (35') on the
out in the Purpose section with each rule. Also required is a Thebes, IL, gauge. Zone 1 fall deer and turkey season boundary shall
citation to the legal authority to make rules. This appears fol- be that portion of Missouri east of a line running west from the
lowing the text of the rule, after the word “Authority.” Illinois border at Commerce access in the town of Commerce to
Entirely new rules are printed without any special symbol- North Water Street; south on North Water Street to Mo. Hwy. E;
ogy under the heading of proposed rule. If an existing west on Mo. Hwy. E to Mo. Hwy. N; south on Mo. Hwy. N to
rule is to be amended or rescinded, it will have a heading of County Hwy. 351; south on County Hwy. 351 to Mo. Hwy. NN;
proposed amendment or proposed rescission. Rules which south on Mo. Hwy. NN to the Scott County line; east on the Scott
are proposed to be amended will have new matter printed in County line to the Illinois border.
boldface type and matter to be deleted placed in brackets. 2. Zone 2 (Mississippi County) when the Mississippi River level
An important function of the Missouri Register is to solicit is at or above [forty-one feet (41’)] forty-three feet (43') on the
and encourage public participation in the rulemaking Cairo, IL, gauge. Zone 2 fall deer and turkey season boundary shall
process. The law provides that for every proposed rule, be that portion of Missouri east of a line running west from the
amendment, or rescission there must be a notice that anyone Illinois border on the Mississippi County line to Mo. Hwy. NN;
south on Mo. Hwy. NN to County Hwy. 222; east on County Hwy.
may comment on the proposed action. This comment may
222 to Mo. Hwy. N; south on Mo. Hwy. N to Mo. Hwy. 62; east on
take different forms.
If an agency is required by statute to hold a public hearing Mo. Hwy. 62 to Mo. Hwy. 77; south on Mo. Hwy. 77 to Mo. Hwy.
D; west on Mo. Hwy. D to County Hwy. 329; south on County Hwy.
before making any new rules, then a Notice of Public
329 to County Hwy. 318; west on County Hwy. 318 to Mo. Hwy.
Hearing will appear following the text of the rule. Hearing
DD; south on Mo. Hwy. DD to County Hwy. 331; south on County
dates must be at least thirty (30) days after publication of the
Hwy. 331 to Mo. Hwy. 80; west on Mo. Hwy. 80 to Mo. Hwy. AA;
notice in the Missouri Register. If no hearing is planned or
south on Mo. Hwy. AA to Mo. Hwy. FF; south on Mo. Hwy. FF to
required, the agency must give a Notice to Submit
Mo. Hwy. 77; south on Mo. Hwy. 77 to Mo. Hwy. A; east on Mo.
Comments. This allows anyone to file statements in support
Hwy. A to the Kentucky border.
of or in opposition to the proposed action with the agency
3. Zone 3A (New Madrid and Mississippi counties) when the
within a specified time, no less than thirty (30) days after pub-
Mississippi River level is at or above thirty-four feet (34') on the
lication of the notice in the Missouri Register.
New Madrid, MO, gauge. Zone 3A fall deer and turkey season
An agency may hold a public hearing on a rule even boundary shall be that portion of Missouri south of a line running
though not required by law to hold one. If an agency west from the Kentucky border on U.S. Hwy. A to Mo. Hwy. 77;
allows comments to be received following the hearing date, north on Mo. Hwy. 77 to Mo. Hwy. 102; west on Mo. Hwy. 102 to
the close of comments date will be used as the beginning day County Hwy. 521; west on County Hwy. 521 to Mo. Hwy. 102;
in the ninety- (90-) day-count necessary for the filing of the north on Mo. Hwy. 102 to County Hwy. 526; west on County Hwy.
order of rulemaking. 526 to County Hwy. 727; south on County Hwy. 727 to Mo. Hwy.
If an agency decides to hold a public hearing after planning P; South on Mo. Hwy. P to Mo. Hwy. WW; west on Mo. Hwy. WW
not to, it must withdraw the earlier notice and file a new to Mo. Hwy. U; west on Mo. Hwy. U to Interstate 55; south on
notice of proposed rulemaking and schedule a hearing for a Interstate 55 to Mo. Hwy. M; east on Mo. Hwy. M to Mo. Hwy. KK;
date not less than thirty (30) days from the date of publication west on Mo. Hwy. KK to Mo. Hwy. 162; east on Mo. Hwy. 162 to
of the new notice. the Tennessee border.
4. Zone 3B (New Madrid and Mississippi counties) when the
Mississippi River level is at or above thirty-six feet (36') on the New
Proposed Amendment Text Reminder:
Madrid, MO, gauge. Zone 3B fall deer and turkey season boundary
Boldface text indicates new matter.
shall be that portion of Missouri south of a line continuing from Zone
[Bracketed text indicates matter being deleted.]
3A on a line running north on Mo. Hwy. U to Mo. Hwy. P; east on
Title 3—DEPARTMENT OF CONSERVATION Mo. Hwy. P to Mo. Hwy. BB; north on Mo. Hwy. BB to Mo. Hwy.
Division 10—Conservation Commission OO; east on Mo. Hwy. OO to the toe of the protected side of the
Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Corps of Engineers secondary levee; north on the Corps of Engineers
Limits secondary levee to Mo. Hwy. 80; east on Mo. Hwy. 80 to Mo. Hwy.
AA; south on Mo. Hwy. AA to Mo. Hwy. FF; south on Mo. Hwy.
PROPOSED AMENDMENT FF to Mo. Hwy. 77; south on Mo. Hwy. 77 tying back into Zone 3A.
5. Zone 3C (New Madrid and Mississippi counties) when the
3 CSR 10-7.405 General Provisions. The commission proposes to Mississippi River level is at or above forty feet (40') on the New
amend paragraphs (4)(A)1., (4)(A)2., (4)(B)1., and (4)(B)2. of this Madrid, MO, gauge. Zone 3C fall deer and turkey season boundary
rule. shall be that portion of Missouri south of a line continuing from Zone
3B on a line running north on Mo. Hwy. V to Mo. Hwy. 80; east on
PURPOSE: This amendment modifies the Mississippi River levels Mo. Hwy. 80 to the toe of the protected side of the Corps of
that will trigger closing hunting during the spring turkey hunting sea- Engineers secondary levee; north on the Corps of Engineers sec-
son and the fall deer and turkey hunting seasons in Southeast ondary levee to Mo. Hwy. 77; south on Mo. Hwy. 77 to Mo. Hwy.
Missouri in Zones 1 and 2. D; west on Mo. Hwy. D to County Hwy. 329; south on County Hwy.
329 to Mo. Hwy. DD; south on Mo. Hwy. DD to County Hwy. 331;
(4) Wildlife, except waterfowl, may not be pursued or taken while south on County Hwy. 331 to Mo. Hwy. 80; west on Mo. Hwy. 80
trapped or surrounded by floodwaters or while fleeing from floodwa- to Mo. Hwy. AA tying back into Zone 3B.
ters or fire. 6. Zone 4 (Pemiscot County) when the Mississippi River level
10