If you take a look at a calendar for 1999, you will see that the new year began almost an entire month ago. However, if you hunt or fish in Missouri, you will have yet another new year that is still more than a month in the future.
Monday, March 1, marks the beginning of the new sport hunting and fishing permit year in Missouri. That is also the date for the implementation of new regulations that pertain to all forms of wildlife in the state.
These rules and regulations are issued annually by the Missouri Department of Conservation (MDC) and are printed in the Wildlife Code of Missouri. Commonly referred to as the code, this pocket-sized book contains most of the specific regulations that govern the taking of wild species in Missouri. Detailed information for some species (such as season, dates and limits for waterfowl) are not available in time to print them in the code book so separate information pamphlets are issued as needed.
This year, the Wildlife Code contains a total of 58 changes from last year's edition. That probably sounds like an unusually high number of changes but actually, it is about average.
Next month we will talk about some of those 58 regulation changes but maybe it would be beneficial to first back off and discuss wildlife regulations in general.
Why do we have laws anyway? What purpose do they serve? Who makes the laws? These are some questions that we will address this month.
First, why do we have wildlife laws? Contrary to what some think, laws are not created just so game wardens have something to do! Actually, most wildlife related regulations will fall into one (or more) of three general categories.
The first category of game laws would be those that protect the resource. An example would be the closing of hunting seasons while newly born young are not capable of surviving on their own. This is why you cannot legally hunt deer (for example) before October. By waiting until deer fawns are weaned, you won't run the risk of taking a doe (female) that is still nursing young. To do otherwise would result in the eventual starvation of the dependent fawn.
A second category of game laws are those designed to allow all hunters and fishermen an equal harvest opportunity. These include both daily and possession limits. For example, firearms turkey hunters may not take more than one (1) turkey per day or more than two (2) turkeys per season. This ensures that successful hunters will not be in direct competition with other hunters who have not yet taken a bird.
The third category of game laws is actually intended for the protection of people. An example would be the requirement that firearms deer hunters wear a bright orange vest and hat while hunting. Deer are color blind. They see the world in shades of black, white and gray. The bright orange clothing doesn't warn the deer of a hunter's presence and help it to escape. Rather, the high visibility of the clothing makes one hunter aware of the presence of other hunters resulting in a safer situation.
Where do wildlife laws come from? Who makes them?
Well, from a purely technical standpoint, the laws are issued by the four (4) Missouri citizens who comprise the Missouri Conservation Commission. Every rule or regulation that MDC enforces must be approved by these four individuals. However, a proposed regulation is closely examined, discussed and sometimes debated before the four commissioners ever consider it.
The group responsible for the consideration of proposed rules is known as the Regulations Committee. It is comprised of MDC employees from each of the various divisions within the Department (Fisheries, Forestry, Wildlife, Protection/Enforcement, etc.). These committee members meet on a monthly basis to discuss the merits of proposed regulations. These proposals for new regulations, or revision of existing rules, come from various sources.
A regulation proposal may come directly from a member of the committee, it may come from another member of MDC or it may come from an individual citizen or group of citizens. You, as a private citizen, have the ability to make written suggestions to the regulation committee for the establishment of new regulations or for the amendment of existing rules.
Regardless of the source of a proposed regulation change (MDC employee or private citizen) the procedure is the same. The committee examines the proposal, researches, discusses and eventually votes on it. If a majority of the committee members vote in favor of the change, then it is presented to the four conservation commissioners for their consideration and vote.
Once again, if a majority vote in favor, the proposal is printed in the Missouri Register and a time period is allowed for public comment. If no negative comments are received, the proposal becomes law. If negative comments are received, the commission addresses them before resubmitting the proposal.
The rules and regulations in the Wildlife Code are written based upon sound biological principles and research, acceptance by society and legal doctrine.
Acceptance by society plays a major part in the establishment and continuance of any law. Most regulations exist because the majority of people agree that following the regulation is the right thing to do. Not just because it would be illegal to do otherwise but because it is the ethical thing to do.
So, the next time you read a regulation, you will maybe know a little bit more about why and how it became law. As stated previously, we will discuss some specific regulations in a future column. That way, you will be better prepared to enjoy the other new year in a safe, confident, knowledgeable manner
Gene Myers is a Missouri Department of Conservation officer in Cape Girardeau County.
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