Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Division 01 - Legal Division › Rule 002.01.22-002 - 01.00-C -Definition of Terms

Current through Register Vol. 49, No. 6, June, 2024
For the purposes of the Arkansas State Game and Fish Code of
				Regulations, the following terms shall be construed, respectively, to mean and
				include:
ACTIVE DUTY MILITARY
- Members of active duty,
				including members of the National Guard and Reserves on active duty (other than
				for training), may participate.
ADULT GOBBLER
- Male turkeys having at least 1 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 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 Chapter J1.00) 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 (Sport fishing 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; and o 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, spotted sucker, black
				redhorse, golden redhorse, 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 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 online 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 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, 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.
DEER MANAGEMENT ASSISTANCE PROGRAM
-An AGFC program
				that provides education and technical assistance to private landowners, clubs,
				leases, government agencies, corporations, municipalities and other land
				managers interested in managing deer populations.
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% 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.
DISABLED VETERAN
- Any individual who is a
				resident of Arkansas and a military veteran, who has been determined by the
				United States Department of Veterans Affairs (VA) to have a:
A. 100% total and permanent service-connected
			 disability rating (applies to licenses VLF, VLH, VLC, VLD, and VLT in Addendum
			 D1.01); or
B. 70%or higher
			 service-connected disability rating (applies to license VLL in Addendum D1.01);
			 or
C. 50%or higher
			 service-connected disability rating and is a recipient of the Purple Heart
			 medal (applies to license VLL in Addendum D1.01).
DOE
- A female deer.
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
- All species of teal, merganser, whistling
				duck, 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.
ELECTRIC BICYCLE
- A bicycle equipped with fully
				operable pedals and an electric motor of less than seven hundred fifty watts
				(750 W) that meets one of the following classifications:
* "Class 1 electric bicycle" means an electric bicycle equipped
				with a motor that provides assistance only when the operator is pedaling and
				that ceases to provide assistance when the electric bicycle reaches the speed
				of twenty miles per hour (20 m.p.h.).
* "Class 2 electric bicycle" means an electric bicycle equipped
				with a motor that may be used exclusively to propel the electric bicycle and
				that is not capable of providing assistance when the electric bicycle reaches
				the speed of twenty miles per hour (20 m.p.h.).
* "Class 3 electric bicycle" means an electric bicycle equipped
				with a motor that provides assistance only when the operator is pedaling and
				that ceases to provide assistance when the electric bicycle reaches the speed
				of twenty-eight miles per hour (28 m.p.h.).
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 that is 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 Chapter
				P1.00).
EVISCERATED
- Internal organs, excluding the brain
				and gills, have been removed.
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 feed
				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 Arkansas Code
				Annotated §
								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,
				structures, other appurtenances, and improvements on the land used for the
				hunting activities.
GAME BIRDS
- Turkey, northern bobwhite 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, largemouth bass,
				spotted bass, smallmouth bass, bluegill, longear sunfish, redear sunfish, green
				sunfish, warmouth, Ozark bass, rock bass, shadow bass, white bass, striped
				bass, black crappie, white crappie, blue catfish, channel catfish, flathead
				catfish, brook trout, brown trout, cutthroat trout, rainbow trout, tiger trout,
				walleye, sauger, paddlefish, shovelnose sturgeon, and hybrids of these
				species.
GAME FISH PARTS
- Any part of a game fish
				including muscle (fillets), organs (guts), skin, fins, bones, blood, gametes
				(including fresh or frozen eggs or milt).
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 that causes 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
- 2 or more persons hunting
				together.
HYBRID RAPTORS
- A raptor produced from
				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 2 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:
A. Longer central tail
			 feathers,
B. Outermost one or two
			 wing feathers lacking white barring all the way to the tip, and
C. 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
- Mountain Lion (
Puma
				concolor),
Tigers (
Panthera tigris
), African Lions
				(
Panthera leo
), or any hybrid thereof, and all species of
				bears (family
Ursuidae
)
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 2 inches, or more, of hardened bone antler.
B.
Buck of Choice:
A male
			 deer.
C.
Button Buck:
A male deer with less than 2 inches of hardened boned antler.
D.
3-point Rule:
A male deer
			 having both antlers under 2 inches (including button buck) or at least 1 antler
			 with at least 3 points, each a minimum of 1 inch long, including the tip of the
			 main beam. (Code 21.03).
E.
12/15 Rule:
1. A male deer having
			 both antlers under 2 inches (including button buck),
2. A male deer having an inside spread of at
			 least 12 inches or more in width, or
3. A male deer having at least one main beam
			 15 inches or more in length (Code 21.03).