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CASE STUDY - SMITHVILLE LAKE, MO

SMITHVILLE LAKE, MISSOURI

Smithville Lake is a 7,190-acre reservoir on the Little Platt branch of the Platte River in Clay County, Missouri. It provides water supply for Smithville and Plattsburg, MO, and Kansas City has reserved a portion for its water supply. The lake is administered by the US Army Corps of Engineers, primarily for flood control. Only 30 miles from Kansas City, the lake offers fishing, water skiing, and other outdoor recreation.

Local governments in Missouri may exercise only those authorities granted by the Missouri Constitution and State legislature. Some cities and counties have "home rule" status conferring them with broader authority over local affairs.

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MAJOR ESTIMATED PATHWAYS OF AIS INTRODUCTION TO SMITHVILLE LAKE
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PATHWAY - AVIATION
SUB-PATHWAY
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/
REGULATION
FEDERAL LAW/
REGULATION
LOCAL AUTHORITY
RECOMMENDATION

Planes/Helicopters

City of Smithville

None found.

Cities are authorized to operate aiports (MO ST 305.170). Airport Authority may regulate, to the extent not regulated by federal law or regulations, the navigation of the aircraft over the airport authority and "use of airport or related facility" (MO ST 305.310(3)).

None found. City of Smithville does not own or operate an airport.

N/A

Clay County Commission

Counties are authorized to operate airports (MO ST 305.180). Airport Authority may regulate, to the extent not regulated by federal law or regulations, the navigation of the aircraft over the airport authority and "use of airport or related facility" (MO ST 305.310(3)).

Clay County owns and operates the Midwest National Air Center. Chapter 155 of the Clay County Code of Ordinances: Airport Rules. Operators are required to comply with all federal, state and local laws, ordinances and regulations. (Sec. 155.22).

Add provision to Clay County Code and airport tenant leases to address invasive species.

Seaplanes

Unknown

Seaplane operations contrary to the prohibitions or restrictions established by the District Commander (pursuant to part 328 of this title) are prohibited. (36 C.F.R. 327.49(f)(2)). District Engineer shall "Establish such restrictions on seaplane operations as he deems necessary or desirable in accordance with these regulations for other areas." 36 C.F.R. 328.6(a)(2)).

None found.

None found.

Consider initiating discussions with the Corps of Engineers and state agencies to identify options for mitigating AIS risks from seaplanes.

Except as otherwise provided in this part or by Federal law or regulation, state and local laws and ordinances shall apply on project lands and waters. (36 C.F.R. 327.26)(a)).

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PATHWAY - WATER
SUB-PATHWAY
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/
REGULATION
FEDERAL LAW/
REGULATION
LOCAL AUTHORITY
RECOMMENDATION

Hull/Surface Fouling or Recreational Vessels/
Houseboats

Clay County Parks, Recreation, Historic Sites

Vessels shall not be attached or anchored to structures such as locks, dams, buoys or other structures unless authorized by the District Commander. All vessels when not in actual use shall be removed from project lands and waters unless securely moored or stored at designated areas approved by the District Commander. (36 C.F.R. 327.39(h)).

All boating on Smithville Lake Waterfowl Refuge is closed from October 15 through January 31 in units designated by posting. (Mo. Code Regs. Ann. tit. 3, § 10-12.110)

None found.

Consider adding provision to Clay County codes to address hull/surface fouling risks.

Stowaways

Smithville Parks and Recreations, Clay County Parks

All vessels or other watercraft shall be operated in accordance with applicable Federal, state and local laws. (36 C.F.R. 327.3(k)).

Prohibited species, which include black carp and round goby, may not be imported, exported, transported, sold, purchased, or possessed alive in Missouri without permission from Department of Conservation (3 Mo. Code of State Regulations 10-4.117).

Clay County Parks: All boats must possess either a Season Boat Pass, a Season Combo Pass or purchase a daily boat pass upon entering the parks. 

Add provisions to city and county codes to address AIS risks from boats.

Anglers

Smithville Parks and Recreations, Clay County Parks

Fishing is permitted except in swimming areas, on boat ramps or other areas designated by the District Commander. (36 C.F.R. § 327.8(c)).

All fishing on Smithville Lake Waterfowl Refuge is closed from October 15 through January 31 in units designated by posting. (Mo. Code Regs. Ann. tit. 3, § 10-12.130).

City of Smithville: None found. (No Lake-related facilities listed on website). Clay County Ordinance Sec. 90.05 requires a special use permit for fishing tournaments.

Add provision to city and county codes to addresses AIS risks from fishing.

Fish Escapes/Releases

City of Smithville, Clay County

None found.

No fish may be "liberated into the wild" except as permitted by state regulations. (3 MO ADC 10-4.110). With landowner permission, any species listed in the Approved Aquatic Species List in 3 CSR 10-9.110 may be released into privately owned impoundments which are designated as waters of the state by virtue of having been stocked by the state, or because they are owned jointly, or as tenants in common or by corporate shareholders. Statewide seasons, methods, and limits for all species will apply to these waters. (Mo. Code Regs. Ann. tit. 3, § 10-4.110). 

None found.

Add provisions to city and county codes to prohibit the release of fish into Smithville Lake and other waters.

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SUB-PATHWAY
PATHWAY - LAND
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/
REGULATION
FEDERAL LAW/
REGULATION
LOCAL AUTHORITY
RECOMMENDATION

Cars, Buses, Trucks, ATVs, Recreational Boat Trailers

City of Smithville, Clay County

None found.

County Commissioner duty to control noxious weeds. (MO ST 263.200). Each county weed board shall "inform itself of the origin, nature and appearance of noxious weeds and the manner in which they are spread, and shall follow recommendations of the University of Missouri college of agriculture as to the best and approved method to control and prevent the spread of noxious weeds." (MO ST 263.456).

None found.

Add provisions to city and county codes to address invasive species risks from vehicles.

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SUB-PATHWAY
PATHWAY - NON-FOOD
RESPONSIBLE CITY/COUNTY DEPT.
STATE LAW/
REGULATION
FEDERAL LAW/
REGULATION
LOCAL AUTHORITY
RECOMMENDATION

Bait

City of Smithville, Clay County

None found.

None found.

Add provisions to city and county codes to address invasive species risks from bait and reinforce state law.

Any person, group, or business that sells live bait must register annually with the state as a live bait dealer. (Mo. Code Regs. Ann. tit. 3, § 10-10.735). Live bait, when purchased or obtained from a source other than the MO waters or a licensed commercial fisherman, must be species listed in the Approved Aquatic Species List (3 CSR 10-9.110) and may be possessed in any number. Bighead carp and silver carp may not be used as live bait but may be used as dead or cut bait. (Mo. Code Regs. Ann. tit. 3, § 10-6.605).

Pet/Aquarium

City of Smithville Administration Department

None found.

State license require to operate a pet shop (MO ST 273.327). Listed prohibited species may not be imported, transported, sold, or possessed alive without permission. (3 MO ADC 10.-4.117).

City of Smithville Code Section 610.020: Every person, firm or corporation who shall maintain, operate or conduct any of the businesses or trades listed in Section 610.130 or exercise any of the privileges specified in this Section shall obtain a occupation license to do so and pay the license fee or tax. (Pet/aquarium stores are not listed specifically, but does say "Merchants, retail and wholesale.")

Consider implementing city policies or procedures that reinforces or seeks to verify the license requirement or adopting a local ordinance requiring a business license for pet stores. Implement targeted AIS education for pet store owners that highlights state and local restrictions on possession and release.

Aquaculture

City of Smithville, Clay County

None found.

Species on the Approved Aquatic Species list can be cultured in the state. 3 MO ADC 10-9.110 (List includes several invasive species including carp). Listed prohibited species may not be imported, transported, sold, or possessed alive without permission. (3 MO ADC 10.-4.117).

None found.

Evaluate the invasive species risks from aquaculture within the local jurisdictions and consider adding provisions to city and county codes to address identified risks.