Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.19-001 - Captive Wildlife Regulations

Current through Register Vol. 49, No. 6, June, 2024
01.00-C
DEFINITION OF TERMS
For the purposes of the Arkansas State Game and Fish 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.
AGFC LICENSE
			 SYSTEM
- The point-of-sale system that the
			 Commission uses to sell and dispense
Commission-issued licenses, permits, stamps,
			 tags,
and other privileges to the
			 public.
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 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 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, 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 DEER
- A doe or a buck having
less than
2 inches of hardened bone antler.
ANTLERLESS ELK
- Any elk (male or female) not
			 meeting requirements to be a legal bull elk.
AQUACULTURE SPECIES
- Any species listed on the
			 Approved
Aquaculture Species List (
Addendum J
			 1.00
) and species not listed but allowed under Unlisted or
			 Restricted Species Possession Permits.
AQUATIC WILDLIFE
- All aquatic species, including
			 aquatic snails, aquatic turtles, crayfish (crawfish and crawdads), fish
			 (including minnows), frogs, mussels and salamanders.
ARKANSAS RIVER BOUNDARY (Sportfishing Only)
- The
			 Arkansas Post Canal from Norrell
Lock and Dam No. 1 to the Arkansas River and the Arkansas River
			 from Wilbur D. Mills Dam No. 2
upstream to the Oklahoma state line, including all lakes, bays
			 and tributary streams accessible by boat from the main channel except:
Big Bayou Meto upstream from Arkansas Highway 11;
Plum Bayou upstream from U.S. Highway 79;
Little Maumelle River upstream from Pinnacle Mountain State
			 Park;
Maumelle River upstream from Lake Maumelle Dam;
Fourche LaFave upstream from Arkansas Highway 113;
Palarm Creek upstream from Interstate 40;
Cadron Creek upstream from the weir;
Point Remove Creek upstream from Arkansas Highway 113;
Petit Jean River upstream from Pontoon Boat Ramp at Arkansas
			 Highway 154;
Illinois Bayou upstream from Russellville Waterworks Dam; Big
			 Piney and Little Piney creeks upstream from Arkansas Highway 359;
Horsehead Creek upstream from Interstate 40;
Mulberry River upstream from Interstate 40;
Frog Bayou upstream from Arkansas Highway 162 and Lee Creek
			 upstream from Lee Creek Dam,
[BULLET]
And from the first non-navigable shoal for
			 streams entering the Arkansas River along the right bank descending from the
			 Oklahoma state line to Lake Dardanelle Dam.
ARTIFICIAL LURE OR FLY
- Terminal fishing tackle
			 made entirely of rubber, wood,
metal, glass, feathers, hair, synthetic fibers or plastic, with
			 hook attached.
BAITFISH
- Minnows, logperch, gizzard and threadfin
			 shad, gar (other than alligator gar),
bullhead catfish, crayfish, drum, bowfin under 6 inches, skipjack
			 herring, brook and inland silversides, bigmouth, smallmouth and black buffalo,
			 river carpsucker, banded and Ozark sculpin, bream 4 inches and under, and bream
			 over 4 inches that are caught by hook and line.
BAITING
- The direct or indirect placing, exposing,
			 depositing, distributing or scattering of salt, grain or other feed that could
			 serve as a lure or
attractant
for wildlife to, on or
			 over any areas where hunters are attempting to take them.
BIG GAME
- Alligator, black bear, deer, elk and
			 turkey.
BLACK BASS
- Largemouth bass, redeye bass,
			 smallmouth bass and spotted bass.
BLOCKING OUT
- The removal of the head and/or tail
			 associated with the processing of a commercial fish. The blocked-out carcass
			 (bullet) must be at least the minimum length required for the body of water
			 where the commercial fish was harvested
(
Code 30.11
).
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 (
Code
			 34.07
).
BREAM
- A species of the genus Lepomis, including
			 bluegill, redear,
warmouth and other sunfish.
BUCK
- A male deer (see LEGAL BUCK
			 definition).
BUCK DEER SEASON
- A deer season in which no deer
			 other than legal buck deer may be taken.
BUY
- To purchase, barter, exchange or trade,
			 including 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.
CARCASS
- The body of a dead animal.
CASE
- A container specifically designed to hold a
			 firearm which completely encloses the firearm by being zipped, snapped,
			 buckled, tied or otherwise fastened with no portion of the firearm
			 exposed.
CATCH-AND-RELEASE
- The requirement that fish of a
			 designated species must be immediately released into the water where
			 caught.
CERVID
- A member of the Family Cervidae including
			 without limitation deer, reindeer, moose, elk and caribou.
CHASE FOR PLEASURE
- To search for, pursue or chase
			 game animals or other wildlife with the use of dogs for recreational purposes
			 only, with no intent of hunting such game animals or wildlife.
CHECKING WILDLIFE
- The
accurate and
			 complete
reporting of specific information to the Commission
			 concerning harvest of alligator, bear, deer, elk and turkey by one of the
			 following methods: phoning a designated number to report bear, deer or turkey
			 harvests,
or
electronically through the Commission's
			 on-line deer
,
bear, elk, alligator
and turkey checking
			 Web site or mobile applications.
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.
CITES TAG
- a permit that allows shipping of certain
			 animal pelts outside the
State of Arkansas and assures compliance with the Convention on
			 the
International Trade of Endangered Species.
CLEAN
- Having no meat matter or tissue attached to
			 the carcass.
COMPUTER-ASSISTED HUNTING
- The use of a computer or
			 any other device,
equipment or software to remotely control the aiming and
			 discharge of a firearm, bow or crossbow to kill wildlife located in
			 Arkansas.
COMMERCIAL FISH
- Bowfin (over 6 inches),
			 paddlefish, shovelnose, sturgeon, and all species of buffalo, catfish, carp,
			 drum, gar, and sucker family (except silver redhorse).
COMMERCIAL FISHERMAN
- Any person who fishes with
			 tackle designated as commercial tackle requiring a license and/or tag issued by
			 the
Commission.
COMMERCIAL TACKLE
- Properly licensed tackle used to
			 catch aquatic wildlife for commercial purposes.
COMMERCIAL WILDLIFE HUNTING RESORT
- A facility,
			 location,
business, or operation that offers, for pay or other
			 consideration, an opportunity to hunt native wildlife, other than pen-raised
			 game birds, held in captivity.
Includes all contiguous land, and structures, other
			 appurtenances, and improvements on the land, used for the hunting
			 activities.
COMMERCIAL WILDLIFE PERMIT
- Any or all of the
			 following permits: Alligator
Farmer/Dealer, Alligator Snapping Turtle Breeder/Dealer, Resident
			 Shell Taker and Seller,
Shell Buyer, Non-Resident Shell Buyer, Resident Roe Taker/Seller,
			 Resident Roe
Buyer/Exporter, Non-Resident Roe Buyer, Resident Fur Dealer,
			 Non-Resident Fur Dealer,
Special Commercial Quail, Game Bird Shooting Resort, Commercial
			 Wildlife Hunting
Resort, Wildlife Breeder/Dealer and Wildlife Importation.
COMMISSION
- The Arkansas State Game and Fish
			 Commission, unless otherwise designated.
CONSERVATION CARD-
A physical card that the
			 Commission issues to a person and that is linked to that person's AGFC
			 licenses, permits, stamps, and tags. Before engaging in an activity requiring
			 an AGFC license, permit, stamp, or tag, the cardholder must purchase and verify
			 issuance and valid expiration date of all required AGFC licenses, permits,
			 stamps, and tags via
www.agfc.com or 1-800-364 -GAME. The card itself is not a license
			 and conveys no independent right or privilege beyond the extent of any license,
			 permit, stamp, or tag that has been linked to the card by purchase and has not
			 been suspended, revoked, or expired.
DEFERRED HUNTER EDUCATION (DHE)
- Designates a
			 holder of a valid
Arkansas hunting license/permit who has deferred completion of
			 the hunter education program.
DISABLED
- Any individual who is 100 percent
			 permanently and totally disabled as declared by one or more of the following
			 federal agencies: the U.S. Social Security
Administration, the U.S. Department of Veteran's Affairs or the
			 U.S. Railroad Retirement Board.
DOE
- A female deer.
DISABLED VETERAN:
(a) any individual whom the United States
		  Department of Veterans Affairs (VA) has rated 100% permanently and totally
		  disabled as a result of his or her U.S. military service;
(b) any individual whom the VA has rated
		  permanently disabled as a result of his or her U.S. military service and who
		  received the Purple Heart medal as a result of his or her service- connected
		  disability.
DOE DEER SEASON
- A deer season in which a doe may
			 be taken.
DROWNING SET
- Any leg-hold trap that uses one or
			 more of the following techniques to retain the target animal in water of
			 suitable depth for drowning: a slide wire with lock, a tangle stake or a
			 drowning weight.
DUCKS
(includes the following species) - All species
			 of teal, merganser, whistling duck and scaup; American wigeon, American black
			 duck, bufflehead, canvasback, gadwall, common goldeneye, mallard, mottled duck,
			 northern shoveler, redhead, ring-necked duck, ruddy duck,
northern pintail and wood duck.
EDIBLE PORTIONS
- portions of the following animals
			 are considered edible as stated below:
(a)
Game Mammals
: front
		  quarters, hind quarters, loins and tenderloins.
(b)
Game Fish
: fillets of
		  fish.
(c)
Game Birds
:
		  breasts.
(d)
Frogs
:
		  hind legs.
(e)
Alligators
: tails, legs, flanks, loins and tenderloins.
EITHER-SEX
- A male or a female.
EITHER-SEX DEER SEASON
- A deer season in which a
			 doe or a legal buck may be taken.
EMERGENCY CONDITION
- Any condition
			 involving:
(a) imminent peril to the
		  health, safety, or welfare of the public or the wildlife resources of the
		  State; or
(b) immediate action
		  mandated by federal law or regulation.
ENCLOSE
- To surround wildlife 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
- A wildlife species or
			 subspecies endangered or threatened with extinction listed, or proposed as a
			 candidate for listing, by the
U.S. Fish and Wildlife Service or any native species or
			 subspecies listed as endangered by the Commission (
Addendum
			 P1.00
).
FALCONRY
- The caring for and training of raptors
			 for pursuit of wild game, and hunting wild game with raptors. It includes the
			 taking of raptors from the wild to use in the sport and caring for training and
			 transporting raptors held for falconry.
FEDERAL WATERS
- Waters designated by federal law as
			 federally controlled or under the jurisdiction of a department or agency of the
			 United
States Government.
FEE LAKE
- A lake in which there is a fee for
			 fishing rights. All persons 16 years of age and older must possess an Arkansas
			 fishing license. Daily limits apply.
FEEDING WILDLIFE
- The direct or indirect placing,
			 exposing, depositing, distributing or scattering of salt, grain or other fed
			 that serves or could serve as a lure, attractant, or supplemental food source
			 for wildlife.
FERAL HOG
- Any hog, including but not limited to
			 Russian and European wild boar, any
Old World swine, or the family Tayassuidae, including without
			 limitation peccary, javelin, and New World swine, which is roaming freely and
			 is living in a wild or feral state, and is not conspicuously identified as
			 required under §§
									2-34-101 and
			 §§
									2-34-102.
FIREARM
- Any device designed, made, or adapted to
			 expel a projectile through a barrel, including without limitation modern guns,
			 air guns and muzzleloaders (see LOADED FIREARM).
FISH OR FISHING
- To lure, attract, collect or
			 pursue fish species or aquatic wildlife for the purpose of taking or attempting
			 to take such species by any method.
FISH DEALER
- Any person who sells live fish,
			 including baitfish.
FISH FARM
- Waters and adjacent premises confined
			 within a pond, tank or lake not connected with public waters, and under
			 management of a fish farmer.
FISH FARMER (AQUACULTURIST)
- A person, firm,
			 partnership or corporation engaged in the propagation or rearing of aquaculture
			 species for sale.
FREEFLOATING FISHING DEVICE
- A floating fishing
			 device unanchored or unattached to a stationary object.
FURBEARERS
- Badger, beaver, bobcat, coyote, gray
			 fox, red fox, mink, muskrat, nutria,
opossum, raccoon, river otter, spotted skunk, striped skunk and
			 weasel.
GAFF
- To take or attempt to take fish with a hand-
			 held or handled hook.
GAME ANIMALS
- Alligator, black bear, bobcat,
			 coyote, deer, elk, gray fox, red fox, mink,
opossum, eastern cottontail rabbit, swamp rabbit, raccoon, gray
			 squirrel and fox squirrel.
GAME BIRD SHOOTING RESORT
-A facility, location,
			 business, or operation that offers, for pay or other consideration, an
			 opportunity to hunt captive-raised game birds.
Includes all contiguous land, and structures, other
			 appurtenances, and improvements on the land, used for the hunting
			 activities.
GAME BIRDS
- Turkey, quail, pheasant, chukar
			 Eurasian collared dove and all birds classified by the U.S. Fish and Wildlife
			 Service as migratory game birds.
GAME FISH
- Alligator gar, black bass, white bass,
			 striped bass, hybrid striped bass,
crappie, catfish, trout, bream, goggle-eye, walleye,
			 muskellunge,
sauger, saugeye, paddlefish and pickerel.
GEOCACHE
- Items in a container (cache) placed or
			 hidden for individuals to subsequently find using a Global Positioning System
			 (GPS) receiver.
GEOCACHING
- An outdoor sport, similar to "high-tech
			 treasure hunting," involving use of a Global Positioning System (GPS) receiver
			 to find a cache.
GUIDE
- A 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.
HACKING
- The temporary release of a raptor held for
			 falconry to the wild so that it must survive on its own.
HARASS
- An intentional or negligent act which
			 creates the likelihood of injury to wildlife by annoying it to such an extent
			 as to significantly disrupt normal behavioral pattern which include but are not
			 limited to, breeding, feeding, or sheltering.
HAZARDOUS WAKE
- Wash or wake upon an approaching,
			 passing or stationary vessel,
including but not limited to a wake that causes other vessels to
			 take on water, or a wash or wake that is sufficient to toss occupants of other
			 vessels about in a manner to cause injury or the risk of injury.
HARVEST/HARVESTING -
To reduce to possession.
HEN TURKEY
- Female turkey with or without a
			 beard.
HIGH-FENCE ENCLOSURE
- An enclosure that contains an
			 area of at least 500 contiguous acres, with at least 60 percent 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 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 60 percent 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
- Taking or attempting to take
			 wildlife by any method including but not limited to searching, pursuing,
			 chasing, tracking, luring, or attracting.
HUNTING INCIDENT
- When bodily injury above basic
			 first aid or death occurs due to an activity directly related to a hunting
or trapping
excursion in the field. Examples of such
			 activities would include discharge of a firearm, bow, or crossbow and falls
			 from an elevated platform (tree stand, tower stand, or elevated duck
			 blind).
HUNTING PARTY
- Two or more persons hunting
			 together.
HYBRID RAPTORS
- A raptor produced from a
			 cross-breeding birds of two different taxa, one or both of which are listed in
			 50 CFR
			 10.13, and any offspring of such
			 raptors.
IMPORT OR IMPORTATION
- To ship, convey, carry,
			 transport, bring or introduce into Arkansas anything from outside its
			 borders.
IMPRINT
- A bird that is hand-raised in isolation
			 from other raptors from two weeks of age until it has fledged and will be
			 considered to be an imprinted bird for its entire life.
JAKE
- Sub-adult male turkey having all these
			 characteristics: longer central tail feathers, outermost one or two wing
			 feathers lacking white barring all the way to the tip and a beard 6 inches or
			 less in length.
KILLING DEVICE
- Any firearm, bow and arrow,
			 crossbow, compressed gas or spring-powered pistol or rifle, blowgun, speargun,
			 hand-thrown spear, slingshot, irritant gas device, explosive device, or any
			 other implement designed to discharge a projectile 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 male deer may be considered legal
			 under the following rules as applied by this Code:
(a)
Antlered Buck:
A male deer with two inches, or more, of
		  hardened bone antler.
(b)
Buck of Choice
: A male
		  deer.
(c)
Button Buck
:
		  A male deer
with
less than
two
		  inches
of hardened boned antler.
(d)
Three-point Rule
: A male
		  deer having both antlers under two inches (including button buck) or at least
		  one antler with at least three points, each a minimum of one inch long,
		  including the tip of the main beam. (
Code
		  21.03
).
(d)
12/15 Rule
:
1) A male deer
		  having both antlers under two inches (including button buck) or
2) a male deer having an inside spread of at
		  least 12 inches or more in width,
3)
		  a male deer having at least one main beam 15 inches or more in length
		  (
Code 21.03
).
(e)
15/18 Rule
:
1) A male deer having both antlers under two
		  inches (including button buck) or
2)
		  a male deer having an inside spread of at least 15 inches or more in
		  width
3) a male deer having at least
		  one main beam 18 inches or more in length (
Code
		  21.03
).
(f)
WMA Special Restrictions
: Special restrictions may apply on
		  certain WMAs (
Code 21.03
).
LEGAL BULL ELK
- An elk having at least one antler
			 visible above the hair line.
LEGAL TURKEY
- A turkey may be considered legal
			 under the following rules as applied by this Code:
(a) Hunters 16 years and older a legal turkey
		  is an adult gobbler or bearded hen.
(b) Hunters 6 to 15 years of age is an adult
		  gobbler, bearded hen or jake.
LENGTH LIMITS
-
(a)
Minimum Length Limit
: The
		  shortest length of a fish of a designated species that can be kept.
(b)
Maximum Length Limit
: The
		  maximum length of a fish of a designated species that can be kept.
(c)
Protected Length
: A
		  species/size limit that prohibits anglers from keeping fish within a designated
		  size group. Unless otherwise specified, all fish are measured from the front of
		  the lower jaw with the mouth closed to the tip of the tail with tail lobes
		  pressed together when laid flat on a rule, on its side. All fish not meeting
		  the length limit requirements for a particular water or species must be
		  immediately released into the water where caught.
LIMITS
-
(a)
Daily Limit
: the maximum
		  number of a species allowed to be taken during a specific 24-hour time period
		  (midnight to midnight, unless otherwise specified).
(b)
Seasonal Limit
: the maximum
		  number of a species allowed to be taken during a specific season.
(c)
Possession Limit
: the
		  maximum number of species allowed to be possessed at any time. Any fish or
		  wildlife, excluding migratory game birds, legally taken for personal
		  consumption and stored in processed form within a residence of the possessor
		  shall not count toward the possession limit.
LITTER
- All waste which has been discarded or
			 otherwise disposed of, including, but not limited to, convenience food and
			 beverage packages or containers, trash, garbage, all other product packages or
			 containers, and other post-consumer solid wastes as referenced in State
Law, or discarded game animal carcasses.
LOADED FIREARMS
- Firearms are considered loaded if
			 shells or cartridges are in the chamber, magazine or cylinder. Percussion cap
			 muzzleloading firearms are considered loaded if the percussion cap is on the
			 nipple. Flintlock muzzleloading firearms are considered loaded if there is
			 powder in the flashpan. Electronic pulse ignition muzzleloaders are considered
			 loaded if the ignition circuit is charged.
MEDICALLY SIGNIFICANT VENOMOUS REPTILE SPECIES: The following
			 reptiles,
including their taxonomic successors, subspecies, or hybrids
			 thereof, are designated as medically significant:
Daboia
			 russelii
,
Dendroaspis spp.
,
Naja spp.,
			 Oxyuranus
spp.
,
Pseudonaja spp., Notechis spp.,
			 Pseudechis spp., Boulengerina spp., Echis spp.,
Bothrops spp., Aspidelaps spp., Atheris spp., Proatheris
			 spp., Dispholidus spp.,
Pseudohaje spp., Atropoides spp., Crotalus spp., Lachesis
			 spp., Walterinnesia spp.,
Calliophis spp.
or
Maticora spp.,
			 Bungarus spp., Ophryacus spp., Porthidium spp.,
Deinagkistrodon spp., Azemiops spp., Bitis spp., Gloydius
			 spp.
,
Protobothrops spp.
,
Vipera spp., Ophiophagus spp., Vermicella spp.
,
Eristocophis spp.
,
Cerrophidion
spp.
,
Ovophis spp.
,
Trimeresurus spp.
,
Tropidolaemus spp.
,
Sistrurus spp.
,
Agkistrodon spp.
,
Bothrocophias
			 spp.
,
Bothriechis spp.
,
Hypnale
			 spp.
,
Bothriopsis
spp.
,
Calloselasma spp.
,
Mixcoatlus spp.
,
Cerastes spp.
,
Pseudocerastes spp.
,
Micrurus spp.
,
Micruroides spp. and
subfamily Hydrophiinae
and Heloderma spp.
MIGRATORY BIRDS
- All birds protected by the Federal
			 Migratory Bird
Treaty Act of 1918 and subsequent amendments.
MIGRATORY GAME BIRDS
- Coots, crows, doves, Eurasian
			 collared dove, ducks,
gallinules or moorhens, geese, rails, snipe and woodcock.
MILITARY RETIREE -
Any individual at least 60 years
			 old who is entitled to retired pay as a result of his or her United States
			 military service.
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
- A designation made by the
			 Commission based upon a satisfactory showing that a person has a permanent
			 physical condition,
verified by a physician duly licensed to practice medicine by a
			 state medical board, which severely impairs the person's mobility and prevents
			 him or her from being able to engage in hunting or fishing activities without
			 the use of an ATV or similar specialized device for transportation.
NATIVE WILDLIFE
- Those species and sub-species of
			 wildlife that have established, naturally reproducing, free-ranging, wild
			 populations within Arkansas.
NIGHT
- The time period 30 minutes after sunset to
			 30 minutes before sunrise.
NOODLING
- The taking of fish by the use of a
			 pole-mounted breakaway hook that detaches at the time of the strike or catch,
			 or snare type device, with an attached line manipulated by hand when a person
			 is in or under the water.
NONGAME WILDLIFE
- All wildlife other than
			 furbearing or game animals, game birds and game fish.
NON-NATIVE WILDLIFE
- Any wildlife not defined as
			 native wildlife.
NONRESIDENT
- A person not defined as a
			 resident.
NUISANCE WILDLIFE
- Any wildlife creating a problem
			 by committing damage to personal property or crops.
OPEN SEASON
- A time frame established by the
			 Commission during which a designated species may be lawfully taken.
PEN-RAISED QUAIL
- Quail raised or hatched in
			 captivity.
PERSON
- Any individual, firm, corporation,
			 association, partnership or other legal entity in singular or plural as the
			 context requires. All pronouns shall include the masculine, feminine and
			 neuter.
PORTABLE HUNTING STAND
- Any device or structure
			 used for the purpose of hunting that can be carried in its entirety
and erected by hand
including but not limited to tripod stands, lean-to stands,
			 lock-on stands, ladder stands, and climbing stands (Box stands are not portable
			 hunting stands).
PORTABLE POP
-
UP BLIND
- A structure
			 used to conceal a person that can be collapsed and carried in its entirety by
			 one person.
POSSESS OR POSSESSION
- Having or holding wildlife,
			 or any property in one's power; the exercise of dominion over property.
			 Possession includes actual possession (physical occupancy or control over
			 property) and constructive possession (control or dominion over property
			 without actual possession or custody of the property).
PRIMATE
- A live individual animal of the taxonomic
			 order Primates,
excluding humans.
PROPAGATE OR PROPAGATION
- To allow plants or
			 animals to breed or multiply.
PUBLIC ROAD
- The traveled portion and the shoulders
			 on each side of any road maintained for public travel by a city, county, state,
			 or federal government and includes all structures within the limits of the
			 right-of-way of any such road.
PUBLIC WATERS
- Waters that members of the public
			 have a legal right to access and use for recreational purposes, including all
			 legally navigable waters.
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
- Migratory bird of the Order Falconiformes,
			 Accipitriformes or the
Order Strigiformes.
REAR OR REARING
- To maintain plants or animals to
			 increase their size or development.
REHABILITATION
- 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.
RESIDENCE
- Any dwelling such as a house,
			 manufactured home, or apartment that is permanently fixed in place and is
			 owned, leased, or rented fully or in part by an individual. This term does not
			 include tents; temporary lodging or rental units such as hotels, motels,
			 resorts, or commercial campgrounds; recreational vehicles; mobile travel
			 trailers; or, motor vehicles.
RESIDENT
-
(a) A natural person
whose
		  domicile currently is in Arkansas and has been for at least sixty (60)
		  consecutive
days.
"Domicile" means the one and only
		  place where a person has physically established a true, fixed and permanent
		  home, and to where, whenever the person is briefly and temporarily absent, the
		  person intends to return. Children younger than 18 are presumed to have the
		  same resident status as their custodial parent or legal guardian unless
		  otherwise documented. A person is not considered a resident under this Code if
		  the person
(i)
Resides in the state only for a special or temporary
purpose, but not limited to, engaging in hunting,
			 fishing, or trapping, or
(ii)
Has been issued any resident
		  license, permit, or tag
(except ones that are designated as non-expiring) to
			 hunt, fish or trap in another state or
country that is still valid in
that state or country.
(b) The following persons
also qualify as a "resident" under
this Code:
(i) Residents of Arkansas enrolled as
		  full-time students in colleges and universities outside of Arkansas.
(ii) Nonresidents enrolled as full-time
		  students in colleges and universities in Arkansas.
(iii) Nonresident foreign exchange students
		  attending school in Arkansas.
(iv)
		  Resident foreign exchange students attending school outside of
		  Arkansas.
(v) Active-duty military
		  personnel assigned to duty stations in Arkansas.
(vi) Active-duty military personnel who were
		  Arkansas residents at the time of entering service, regardless of where
		  currently stationed.
(vii) Members
		  of the National Guard who are assigned to an Arkansas Guard Unit.
(c)
Applicants for
		  Commission-issued resident, licenses, permits, and tags have the burden of
		  proving they qualify as a "resident" under thisC ode.Facts that may be
		  considered in establishing proof of current Arkansas residency for the purpose
		  of purchasing Commission-issued resident licenses, permits and tags include but
		  not limited to:
(i)
Possession of a valid Arkansas driver's license or official,
		  state-issued Arkansas identification card,*
(ii)
Possession of a valid
		  Arkansas vehicle registration in the applicant's name and display of current
		  Arkansas license tags on the applicant's vehicle.*
(iii)
Two documents bearing the
		  applicant's current name, address, not issued by himself or herself, including
		  but not limited to:
1.
Arkansas voters registration card,* and
2.
Income tax returns issued by
		  the Internal Revenue Service and/or the State of
		  Arkansas.
(iv)
Documentation from a college or university in
		  Arkansas verifying that the applicant currently is enrolled as a full-time
		  student; *Items marked with a * must have been issued at least sixty (60) days
		  prior to the license, permit, or tag application.
(d)
Additionally, to be eligible to be issued any of the following
		  resident licenses, permits, or tags, an Arkansas resident must provide prooft
		  hat he or she has qualified as a resident" under this Code for at least the
		  past one (1) continuous year;
(i)
All Non-Expiring Lifetime
		  Licenses and Permits (D1.01);
(ii)
Resident Special Guide
		  License (3.14);
(iii)
Alligator Farmer/Dealer Permit (33.01);
(iv)
Alligator Snapping Turtle
		  Breeder/Dealer Permit (34.02);
(v)
Commercial Fisherman's
		  Permit & Sportfishing License (30.01);
(vi)
Commercial Fisherman's
		  Helper Permit (30.01);
(vii)
Junior/Senior Commercial
		  Fishing Permit (31.01);
(viii)
Resident Shell
		  Taker/Seller's License (31.01);
(ix)
Shell Taker Helper Permit
		  (31.01);
(x)
ShellB uyer's License (31.01);
(xi)
Resident Fish Dealer License
		  (31.01);
(xii)
Resident Roe Taker/Seller Permit (30.17);
(xiii)
Resident Roe Taker/Helper
		  Permit (30.17); and
(xiv)
Resident Roe Buyer/Exporter
		  Permit (30.18)
(d) The director or his representative shall
		  make the final determination as to
whether a license, permit, or
		  tag applicant qualifies as a "resident" under this Code.
ROUGH FISH
- Gars, bowfin, bullhead catfish, common
			 carp, Asian carp (grass carp, bighead carp, silver carp), suckers (including
			 buffalo), drum and yellow bass.
SEINE
- A fishing net that hangs vertically in the
			 water where the ends can be drawn together to entrap fish.
SEINING
- The act of moving a seine by boat or human
			 power to capture fish.
SELL OR SALE
- To exchange or deliver for money or
			 its equivalent; to offer for sale, barter, exchange or trade or the act of
			 selling, bartering, consigning, 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.
SIMULATED WING MOVEMENT DECOY -
Any electric,
			 mechanically-operated, wind-powered, or manually-powered apparatus or device
			 that simulates wing movement, including any device that spins one or more
			 fixed- or stationary-winged decoys around a central axis.
SMALL GAME
- Furbearers, migratory game birds,
			 quail, rabbit and squirrel.
SNAG
- To take fish or other aquatic animals using
			 conventional rod-and-reel tackle by a repeated drawing motion rather than
			 enticement by live bait or artificial lure, regardless of what terminal tackle
			 is attached to the fishing line.
SNAGLINE
- Commercial tackle consisting of a
			 horizontal line with hooks or drops less than 24 inches apart.
SPORTFISH
- See GAME FISH for definition.
TACKLE
- An apparatus or device used to take
			 wildlife.
TAKE
- To shoot, kill, injure, trap, net, snare,
			 spear, catch, capture or reduce to possession.
TAXIDERMY
- The art of preparing, stuffing and/or
			 mounting wildlife and parts thereof.
TRAP OR TRAPPING
- A device to catch and hold
			 wildlife.
TROUT
- Any members of the Salmonidae family
			 including rainbow trout, brown trout, brook trout, lake trout, cutthroat trout,
			 salmon and char.
VESSEL
- Every description of watercraft, other than
			 a seaplane on the water, used or capable of being used as a means of
			 transportation, including motorboats and personal watercraft.
WATERFOWL
- All species of coots, ducks, geese and
			 swans.
WATERS OF THE STATE
- All streams, lakes, ponds,
			 sloughs, bayous, marshes or any other waters either permanent or intermittent
			 located wholly or partially within Arkansas. Provided, however, "waters of the
			 state" shall not include pay lakes and fish farms or any waters that are
			 confined within a pond, tank, or lake, situated entirely on the premises of a
			 single private owner and which, except under abnormal fiood conditions, are not
			 connected with any of other fiowing stream or body of water that extends beyond
			 the premises of such owner.
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.
WILDLIFE CHECK METHODS
- The following are the
			 official wildlife check methods:
(a)
(b) the Commission on-line deer,
		  elk, bear and turkey checking Web site and mobile applications;
(c) Commission online alligator checking
		  website;
(d) The designated bear
		  checking telephone number or the designated deer,
bear
and turkey checking telephone number.
WILDLIFE MANAGEMENT AREA (WMA)
- Designated areas
			 owned or controlled by the Commission and distinguished by certain markers and
			 considered a separate zone with regard to wildlife regulations
			 including:
wildlife management area (WMA), waterfowl rest area (WRA),
			 wildlife demonstration area (WDA), special use area (SUA) and state
			 park-conservation area (SP-CA).
YOUTH
-
(a)
		  for sections of this Code pertaining to big game, "youth" means any individual
		  not less than 6 years old or more than 15 years old.
(b) for all other sections of this Code,
		  "youth" means an individual less than 16 years of age.
ZONE
- An
		  area defined by the Commission where hunting and/or fishing activities are
		  regulated.