Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.05-013 - Hunting and Fishing Regulations: Emergency Approval of the Prohibition of the Importation of Cervid Carcasses, Parts and Products; 2006 Fisheries Regulations, Lower White Oak Lake; Ivory-billed Woodpecker Code Approvals; 2006 Spring Turkey Seasons and Regulations Approval; 2005-2006 Waterfowl Code Approvals

Current through Register Vol. 49, No. 6, June, 2024
Wildlife Management Division October 21, 2005
Emergency Approval of the Importation of Cervid
			 Carcasses, Parts and Products
Presented by Cory Gray
Attached are proposed code changes to minimize the risk of
			 Chronic Wasting Disease (CWD) being brought into Arkansas through cervid
			 carcasses. These codes are being presented at this meeting for an emergency
			 approval. These codes will be presented at the November meeting with a minute
			 order for ratification approval.
Doyle Shook, Chief
Wildlife Management Division
01.00-C
DEFINITION OF TERMS
.
		  For the purposes of the Arkansas Game and Fish Commission Code of Regulations,
		  the following terms shall be construed, respectively, to mean and include:
ADULT GOBBLER
- Male turkeys having at least one of
			 the following characteristics:
a) tail
		  feathers which are the same length,
b) wing feathers that have white barring all
		  the way to the tip or
c) a beard
		  more than six (6) inches in length.
ALLIGATOR DEALER
- Any person, firm or corporation
			 engaging in the sale, purchase, barter, or exchange of an American alligator
			 (Alligator mississippiensis) or other crocodilian species, or any part, nest or
			 eggs thereof in the State of Arkansas.
ALLIGATOR FARMER
- Any person, firm or corporation
			 possessing an American alligator (Alligator mississippiensis) or other
			 crocodilian species, or any part, nest or eggs thereof in the State of Arkansas
			 for the purpose of propagation production or rearing.
ALLIGATOR SNAPPING TURTLE DEALER -
Any person, firm
			 or corporation engaged in the sale or purchase of alligator snapping turtles.
ALLIGATOR SNAPPING TURTLE BREEDER -
Any person, firm
			 or corporation possessing alligator snapping turtles for the purpose of
			 propagation, production or rearing or sale.
ANIMAL
- An organism of the animal kingdom, as
			 distinguished from the plant kingdom, including any part, product, egg, or
			 offspring thereof.
ANTLERLESS ELK
- Any elk (male or female) not
			 meeting requirements to be a legal bull elk
AQUATIC WILDLIFE -
Aquatic Snails, Aquatic Turtles,
			 Crayfish (Crawfish, Crawdads), Fish (including Minnows), Frogs, Mussels and
			 Salamanders.
ARKANSAS RIVER BOUNDARY (Sportfishing Only)
: The
			 Arkansas Post Canal from Lock and Dam #1 to the Arkansas River and the Arkansas
			 River from Dam #2 upstream to the Oklahoma state line including all lakes, bays
			 and tributary streams accessible by boat from the main channel except that
			 portion of Big Bayou Meto upstream from Hwy 11, Plum Bayou upstream from Hwy
			 79, Little Maumelle River upstream form Pinnacle State Park, Maumelle River
			 upstream from Lake Maumelle Dam, Fouche LaFave upstream from Hwy 113, Palarm
			 Creek upstream from Interstate 40, Cadron Creek upstream from the weir, Point
			 Remove Creek upstream from Hwy 113, Petit Jean River upstream from Pontoon Boat
			 Ramp at Hwy 154, Illinois Bayou upstream from Russellville Waterworks Dam, Big
			 Piney and Little Piney Creeks upstream from Hwy 359, Horsehead Creek upstream
			 from Interstate 40, Mulberry River upstream from Interstate 40, Frog Bayou
			 upstream from Hwy 162 and Lee Creek upstream from Lee Creek Dam, and from the
			 first non-navigable shoal for streams entering the Arkansas River along the
			 left bank ascending from Lake Dardanelle Dam to the Oklahoma State Line.
ARTIFICIAL LURE/FLY
- Terminal fishing tackle made
			 by the method of fly tying, or made entirely of rubber, wood, metal, glass,
			 feathers, hair, synthetic fibers, or plastic, with hook attached.
BAG LIMIT
- The number of species allowed to be
			 taken in a time period - 24 hours (12 o'clock midnight to 12 o'clock midnight)
			 unless otherwise specified.
BAITFISH
- Minnows (including bluntnose minnows,
			 bullhead minnows, chubs, crayfish, dace, fatheads, common carp under 6 inches,
			 small goldfish, shiners and stonerollers), logperch (also called sand pike or
			 zebra minnows), shad, gar (other than alligator gar), drum, bowfin under 6
			 inches, skipjack herring, silversides (brook and inland), buffalo (bigmouth,
			 smallmouth and black), river carpsucker, sculpin (banded and Ozark) and bream
			 4" and under.
BAITING
- The direct or indirect placing, exposing,
			 depositing, distributing, or scattering of salt, grain, or other feed that
			 could serve as a lure or attraction for wildlife to, on, or over any areas
			 where hunters are attempting to take them.
BIG GAME -
Bear, deer, elk and turkey.
BLACK BASS
: Largemouth bass, redeye bass, smallmouth
			 bass, and spotted bass.
BONUS DEER:
A harvested deer that is not included in
			 a hunter's statewide bag limit.
BOX TYPE TURTLE TRAP -
A floating trap designed to
			 capture aquatic turtles, but does not permit capture of fish (see Code 39.04
			 for restrictions).
BREAM
- Any species of the genus Lepomis, including
			 bluegill, redear, warmouth and other sunfish.
BUCK
- A male deer (See LEGAL BUCK
			 definition).
BUCK DEER SEASON
- Any deer season whereby no deer
			 other than legal buck deer may be taken.
BULL ELK (legal)
- Any elk having at least one
			 antler visible above the hair line.
BUY -
To purchase, barter, exchange, or trade and
			 includes any offer to purchase, barter, exchange, or trade.
CAPTIVITY or HOLD CAPTIVE
- The holding of living
			 wildlife in a controlled environment that is manipulated by man for the purpose
			 of exercising ownership, possession or control of the wildlife, and that has
			 boundaries designed to prevent selected species from entering or leaving the
			 controlled environment.
CASE
- A container specifically designed for the
			 purpose of housing a gun which completely encloses such gun by being zipped,
			 snapped, buckled, tied or otherwise fastened with no portion of the gun
			 exposed.
CARCASS - The body of a dead animal.
CATCH-AND-RELEASE -
The requirement that fish of a
			 designated species musts be immediately released into the water where
			 caught.
CERVID - A member of the family Cervidae
CHRONIC WASTING DISEASE (CWD) - Fatal disease affecting the
			 brain of cervids that belongs to a group of diseases called transmissible
			 spongiform encephalopathies.
CHUMMING -
To dislodge or deposit any substance not
			 attached to a hook which may attract fish.
CITY, COUNTY, STATE, OR FEDERALLY MAINTAINED ROAD
-
			 Any road graded or otherwise repaired by any city, county, state, or federal
			 agency in the state of Arkansas.
CLEAN - Having no meat matter or tissue attached to the
			 carcass part. COMMERCIAL FISH
- Bowfin (over 6 inches), buffalo,
			 catfish, carp, drum, gar, paddlefish, sucker family, white amur and sturgeon.
COMMERCIAL FISHERMAN
- Any person who fishes with tackle
			 designated as commercial tackle requiring a license and/or tag issued by the
			 Commission.
COMMERCIAL WILDLIFE PERMIT(S)
- Shall be a term
			 construed to identify each and/or all of the following permits: Alligator
			 Farmer/Dealer Permit, Alligator Snapping Turtle Breeder/Dealer Permit, Resident
			 Shell Taker and Seller Permit, Shell Buyer Permit, Non Resident Shell Buyer
			 Permit, Resident Roe Taker/Seller Permit, Resident Roe Buyer/Exporter Permit,
			 Non-Resident Roe Buyer Permit, Resident Fur Dealer Permit, NonResident Fur
			 Dealer Permit, Special Commercial Quail Permit, Game Bird Shooting Resort
			 Permit, Wildlife Hunting Resort Permit, Wildlife Breeder/Dealer Permit and
			 Wildlife Translocation Permit.
COMMISSION
- The Arkansas State
			 Game and Fish Commission, unless otherwise designated.
DISABLED
- Any individual who is 100% permanently
			 and totally disabled as declared by the following federal agencies: the United
			 States Social Security Administration, the United Department of Veteran's
			 Affairs, or the United States Railroad Retirement Board.
DOE
- A
			 female deer.
DOE DEER SEASON
- Any deer season whereby a doe may
			 be taken.
DROWNING SET
- Any leg hold trap that utilizes one
			 or more of the following techniques to retain the target animal in water of
			 suitable depth for drowning. These are:
(1) a slide wire with lock;
(2) tangle stake; or
(3) drowning weight.
DUCKS
(includes the following species) -
All species of Teal, Merganser, Whistling Duck and Scaup; American
			 Wigeon, American Black Duck, Bufflehead, Canvasback, Gadwall, Goldeneye,
			 Mallard, Mottled Duck, Northern Shoveler, Redhead, Ring-necked Duck, Ruddy
			 Duck, Northern Pintail and Wood Duck.
EITHER-SEX
- A male or a
			 female.
EITHER-SEX DEER SEASON
- Any deer season whereby a
			 doe or a legal buck may be taken.
ENCLOSE -
To surround species of wildlife on all
			 sides using man-made barriers, including but not limited to fencing, walls,
			 structures or other devices, so that the wildlife are not free to leave a
			 particular environment.
ENCLOSURE
- Any area surrounded by a
			 man-made barrier, including but not limited to fencing, walls, structures or
			 other devices that prevent wildlife from leaving a particular environment.
ENDANGERED SPECIES
- Any wildlife species or subspecies endangered
			 or threatened with extinction listed by the U. S. Department of Interior and
			 the following native species hereby designated in Arkansas: MAMMALS:
Gray bat (
Myotis grisescens
), Indiana
			 bat (
Myotis sodalis
), Ozark big-eared bat
			 (
Corynorhinus townsendii ingens.
BIRDS:
Bald eagle (
Haliaeetus leucocephalus
),
			 least tern (
Sterna antillarum
), Bachman's warbler
			 (
Vermivora bachmanii
), red-cockaded woodpecker
			 (
Dendrocopos borealis
)
REPTILES:
American alligator (
Alligator
			 mississippiensis
),
FISHES:
Ozark cavefish (
Amblyopsis rosae
),
			 leopard darter (
Percina pantherina
),
pallid sturgeon (Scaphirhyncus albus)
;
MOLLUSKS:
Scaleshell mussel, Curtis' pearly mussel, (Epioblasma
florentina curtisi
), fat pocketbook pearly mussel
			 (
Potamilus capax
), pink mucket mussel
			 (
Lampsilis abrupta
), turgid blossom mussel
			 (
Epioblasma turgidula
), speckled pocketbook mussel
			 (
Lampsilis streckeri
), Arkansas fatmucket mussel
			 (
Lampsilis powelli
), winged mapleleaf mussel
(Quadrula fragosa)
, Magazine Mountain shagreen land
			 snail (
Inflectarius magazinensis
); scaleshell mussel
			 (
Leptodea leptodon
), Ouachita rock pocketbook mussel
			 (
Arkansia wheeleri
);
ARTHROPODS:
Cave crayfish (
Cambarus zophonastes
) and
			 (
Cambarus aculabrum
;
INSECTS:
American burying beetle (
Nicrophorus
			 americanus
);
PLANTS:
Geocarpon minimum
(no common name),
			 pondberry, (
Lindera melissifolia
), Missouri bladderpod
			 (
Lesquerella filiformis
), Harperella
			 (
Ptilimnium nodosum
), Eastern prairie fringed orchid
			 (
Platanthera leucophaea
), running buffalo clover
			 (
Trifolium stoloniferum
);
FEE LAKE
- A lake in which there is a charge for
			 fishing privileges. All persons 16 years of age and older must possess an
			 Arkansas fishing license.
Daily limits apply.
FERAL HOG -
Any hog (Sus scrofa), including Russian
			 and European wild boar, which is roaming freely upon public lands and is living
			 in a wild or feral state.
FIREARMS, LOADED
- Firearms shall be considered to
			 be loaded if shells or cartridges are in either the chamber, magazine, or
			 cylinder;
percussion cap muzzle-loading firearms are considered loaded if
			 the percussion cap is on the nipple; flintlock muzzle-loading firearms are
			 considered to be loaded if there is powder in the flashpan.
FISH or FISHING
- To lure, attract, collect, or
			 pursue fish species or aquatic wildlife for the purpose of taking or attempting
			 to take such fish species or aquatic wildlife by any method.
FISH FARM
- Waters and adjacent premises confined
			 within a pond, tank, or lake not connected with public waters, and under
			 management by a commercial fish farmer.
FISH FARMER
- Any person, firm, partnership or
			 corporation engaged in the propagation and/or production of crawfish, fish
			 and/or minnows for sale.
FREE FLOATING FISHING DEVICE
- Any floating fishing
			 device unanchored or unattached to a stationary object.
FURBEARERS
- Badger, beaver, bobcat, civet cat,
			 coyote, gray fox, red fox, mink, muskrat, nutria, opossum, raccoon, river
			 otter, skunk, and weasel.
GAFFING FISH
- Taking or attempting to take fish
			 with a hand held or handled hook prior to being caught on hook and line.
GAME ANIMALS
- Black bear, bobcat, coyote, deer,
			 elk, fox, mink, opossum, rabbit, raccoon, and squirrel.
GAME BIRDS
- Turkey, quail, pheasant, chuckar, and
			 all birds classified by the U. S. Fish and Wildlife Service as migratory game
			 birds.
GAME BIRD SHOOTING RESORT
- Any person, firm, or
			 corporation engaged, for pay or other consideration, who provides pen-raised
			 birds for harvest by hunters.
GAME FISH -
Alligator gar, black bass, white bass,
			 striped bass, striped bass hybrid, crappie, catfish, trout, bream, sunfish,
			 goggle-eye, walleye, northern pike, muskellunge, sauger, paddlefish, and
			 pickerel.
GUIDE
- Any person who provides, for monetary or any
			 other compensation, that person's personal services for the purpose of
			 assisting others to locate, pursue, catch or hunt wildlife.
HIGH FENCE ENCLOSURE
- An enclosure that contains an
			 area of at least 500 contiguous acres, with at least sixty percent (60%) of the
			 acreage in forested cover that has been classified as timberland by the local
			 county tax assessor, that has a perimeter fence at least eight (8) feet high,
			 with no cross fencing that has the effect of reducing the size of the area to
			 less than 500 contiguous acres with at least sixty percent (60%) of the acreage
			 in forested cover as herein provided.
HOGGING -
the taking of fish by the use of hands
			 only in or under the water.
HUNT or HUNTING
- To search for, pursue, chase,
			 track, lure, attract, or lie in wait of game animals or other wildlife for the
			 purpose of taking or attempting to take such game animals or wildlife by any
			 method.
HUNTING PARTY -
Two or more persons hunting
			 together.
IMPORT
- To land on, bring into, or introduce into
			 any place within the jurisdiction of the State of Arkansas.
IMPORTATION -
To ship, convey, carry or transport
			 wildlife into or through the state by any means.
JAKE
- Sub-adult turkeys having all of following
			 characteristics:
a) longer central
		  tail feathers,
b) outermost 1 or 2
		  wing feathers lacking white barring all the way to the tip and
c) a beard six (6) inches or less in length.
KILLING DEVICE
- Any firearm, bow and arrow,
			 crossbow, pellet gun, or any other device capable of killing wildlife.
LARGE CARNIVORE -
Tigers (
Panthera
			 tigris
), African Lions (
Panthera
leo) , or any hybrid
			 thereof and all species of bears.
LEGAL BUCK
- A buck having both antlers under two
			 inches (including button buck) or at least one antler with at least three
			 points including the main beam, each a minimum of one inch long. (Ref: Code
			 21.03)
MIGRATORY BIRDS -
All birds protected by the federal
			 Migratory Bird Treaty Act of 1918 and subsequent amendments.
MIGRATORY GAME BIRDS
- Coots, crows, doves, ducks,
			 gallinules or moorhens, geese, rails, snipe and woodcock.
MINIMUM LENGTH LIMIT -
The shortest length of a
			 fish, of a designated species, measured from the front of the lower jaw with
			 the mouth closed to the tip of the tail with tail lobes pressed together, that
			 an angler may keep. All fish not meeting the minimum length requirement for a
			 particular water or species must be immediately released into the water where
			 caught.
MINNOWS
- Small nongame fish commonly used for bait
			 including bluntnose minnows, bullhead minnows, chubs, dace, fatheads, common
			 carp under 6 inches, goldfish, shiners, and stonerollers.
MOBILITY IMPAIRED
- Individuals who are mobility
			 impaired in accordance with criteria on the Game and Fish application for the
			 mobility impaired card.
NATIVE WILDLIFE
- Those species and sub-species of
			 wildlife that have established, naturally reproducing, free-ranging, wild
			 populations within the state of Arkansas.
NIGHT
- Thirty (30) minutes after sunset to thirty
			 (30) minutes before sunrise.
NONGAME WILDLIFE
- All wildlife other than
			 furbearing or game animals, birds and fish. NON-RESIDENT - Any person not
			 defined as resident.
NOODLING
- The taking of fish by the use of hook or
			 snare type device,
with or without an attached line no longer than 4 feet in length,
			 manipulated by hand when a person is in or under the water.
NUISANCE WILDLIFE
- Any wild animal creating a
			 problem by committing damage to personal property (Depredation Permit
			 available).
NUISANCE FURBEARING ANIMALS
- Beaver, muskrat, and
			 nutria.
OPEN SEASON
- that season during which protected
			 wildlife may be lawfully taken. PEN-RAISED
QUAIL
- Quail that are
			 hatched from eggs of quail raised in captivity in pens or cages.
PERSON
- Any individual, firm, corporation,
			 association, or partnership in singular or plural as the context
			 requires.
POSSESS or POSSESSION
- To have under control. The
			 manual or ideal custody of wildlife or anything that may be the subject of
			 property, for one's use and enjoyment, either as owner or as the proprietor of
			 a qualified right in it, and either held personally or by another who exercises
			 it in one's place and name. Possession includes the act or state of possessing
			 and that condition of facts under which one can exercise his power over a
			 corporeal thing at his pleasure to the exclusion of all other persons.
			 Possession includes constructive possession, which means not actual but assumed
			 to exist, where one claims to hold by virtue of some title, without having
			 actual custody.
PROTECTED SLOT LIMIT -
A species/size limit which
			 prohibits anglers from keeping fish within a designated size group, and
			 requires fish of that size and species to be immediately released into the
			 water where caught.
PROTECTED WILDLIFE -
All wildlife in the state
			 unless a declared open season has been established by the Commission.
PUT AND TAKE PAY LAKE
- Private waters open to
			 public fishing for a fee, after being licensed by the Commission and where no
			 fishing license or daily limit of fish is imposed.
RAPTOR
- Any migratory bird of the Order
			 Falconiformes or the Order
Strigiformes and Ciconiiformes Family Cathartidae.
REHABILITATION -
The practice of providing medical
			 treatment or other care to orphaned, sick or injured wild animals that have
			 come into human possession with the goal of returning the animal to the
			 wild.
RESIDENT
- Any person who has established a bona
			 fide or actual residence of at least 60 days prior to applying for a license,
			 and who declares intentions of becoming a citizen of Arkansas. Also, the
			 following students, carrying proof of full-time enrollment in schools, colleges
			 or universities while hunting or fishing in Arkansas, are eligible to purchase
			 a resident license:
(1) Resident
		  foreign exchange students attending school outside of Arkansas.
(2) Non-resident foreign exchange students
		  attending school in Arkansas.
(3)
		  Residents of Arkansas enrolled as full-time students in colleges and
		  universities outside of Arkansas.
(4) Non-residents enrolled as full-time
		  students in colleges and universities in Arkansas.
Possession of Arkansas real estate by persons living outside the
			 state does not qualify the owner as a resident.
Servicemen and women stationed (permanently assigned) in Arkansas
			 are granted resident privileges for hunting and fishing. Servicemen and women
			 who were Arkansas residents at the time of entering service are also granted
			 resident privileges for hunting and fishing, regardless where stationed. 65
			 Plus Lifetime Licenses, $1,000 Sportsman's permit, Resident Disabled 3-Year
			 Licenses, Special Guide License, Alligator Farmer/Dealer Permit, Alligator
			 Snapping Turtle Breeder/Dealer Permit, Commercial Fisherman's Permit &
			 Sportfishing License, Commercial Fisherman's Helper Permit, Junior/Senior
			 Commercial Fishing Permit, Resident Shell Taker/Seller Permit, Shell Taker
			 Helper Permit, Shell Buyer, Resident Fish Dealer, Resident Roe Taker/Seller
			 Permit, Resident Roe Taker Helper Permit and Resident Roe Buyer/Exporter
			 Permit: Any person who has established a bona fide or actual residence of at
			 least 12 months (one year) prior to applying for a license, and has declared
			 citizenship in Arkansas. 65 Plus Lifetime Licenses: Any person who has
			 established a bona fide or actual residence of at least 36 months (three years)
			 prior to applying for a license, and has declared citizenship in
			 Arkansas.
The Director or his representative shall make the final
			 determination as to resident status of any license applicant.
ROUGH FISH
- Gars, bowfin, common carp, asian carp
			 (grass carp, bighead carp, silver carp), suckers (including buffalo),
			 freshwater eel and drum.
SELL
- To exchange or deliver for money or its
			 equivalent; to offer for sale, barter, exchange, or trade or the act of
			 selling, bartering, exchanging or trading.
SHELL BUYER
- Anyone who buys mussels or mussel
			 parts from a Taker. An agent purchasing for a licensed buyer is not a
			 buyer.
SMALL GAME -
Furbearers, migratory birds, quail,
			 rabbit and squirrel.
SNAGGING
- A method of taking fish using
			 conventional rod and reel tackle where the fish is impaled by the forceful
			 retrieval of one or more hooks.
SNAGLINE
- Commercial tackle consisting of a
			 horizontal line with hooks or drops less than 24 inches apart.
SPINNING/FLAPPING WING DECOYS -
Electronic,
			 mechanically-operated, wind-powered or manually-powered spinning or flapping
			 blade devices that simulate wing movement.
TACKLE
- Any rod, reel, pole, line, net, yo-yo,
			 seine, or any other apparatus or device used to take fish.
TAKE
- To shoot, kill, injure, trap, net, snare,
			 spear, catch, capture, or reduce to possession.
TAXIDERMY
- The art of preparing, stuffing and/or
			 mounting of wildlife and parts thereof.
TRANSLOCATION
- To ship, convey, carry or transport
			 wildlife from one location to another by any means, including importation,
			 exportation, interstate and intrastate movement.
TROUT
- Any members of the Salmonidae family
			 including rainbow trout, brown trout, brook trout, lake trout and cutthroat
			 trout.
WATERFOWL
- All species of ducks, geese and swans.
WATERS OF THE STATE
- All streams, lakes, sloughs,
			 bayous, marshes, or any other water wholly or partially within the State. Pay
			 lakes and fish farms are excluded from the above.
WILD
- To be
			 living in a state of nature and not domesticated.
WILDLIFE
- All
			 wild birds, mammals, fish, reptiles, amphibians and other wild aquatic forms,
			 and all other wild animals, regardless of classification, whether resident,
			 migratory or imported, protected or unprotected, dead or alive, and shall
			 extend to and include any and every part of any individual species of wildlife,
			 including animals living in a captive state and which lack a genetic
			 distinction from members of the same species living in the wild.
WILDLIFE CHECK STATION -
An official wildlife check
			 station is a Commission designated (1) county check station, (2) Commission
			 employee, (3) deer camp or (4) Commission on-line checking web site
http://www.agfc.com
.
WILDLIFE HUNTING RESORT
- A Wildlife Hunting Resort
			 is any facility, location, business or operation that is engaged in offering
			 the opportunity to hunt or attempt to hunt captive wildlife other than
			 pen-raised game birds.
WILDLIFE MANAGEMENT AREA (WMA)
- Designated areas
			 set aside by the Commission and distinguished by certain markers and considered
			 a separate zone with regard to wildlife regulations. (Referred to as "WMA",
			 "Waterfowl Rest Area (WRA)", "Wildlife Demonstration Area (WDA)", "Field Trail
			 Area (FTA)", "State Park-Conservation Area (SP-CA)" or "National Wildlife
			 Refuge (NWR)".
ZONE
- Any area defined or delineated by the
			 Commission where hunting and/or fishing activities are regulated for that
			 specific area.