Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.08-009 - Updated Code Book

Current through Register Vol. 49, No. 6, June, 2024
AMENDMENT NO. 35
Be it Enacted by the People of the State of Arkansas.
That the following shall be an amendment to the
			 Constitution:
Section 1. The control,
		  management, restoration, conservation and regulation of birds, fish, game and
		  wildlife resources of the State, including hatcheries, sanctuaries, refuges,
		  reservations, and all property now owned, or used for said purposes and the
		  acquisition and establishment of same, the administration of the laws now
		  and/or hereafter pertaining thereto, shall be vested in a Commission to be
		  known as the Arkansas State Game and Fish Commission, to consist of eight
		  members. Seven of whom shall be active and one an associate member who shall be
		  the Head of the Department of Zoology at the University of Arkansas, without
		  voting power.
Section 2.
		  Commissioners shall have knowledge of and interest in wildlife conservation.
		  All shall be appointed by the Governor. The first members of the Commission
		  shall be appointed by the Governor for terms as follows: One for one year, one
		  for two years, one for three years, one for four years, one for five years, one
		  for six years, and one for seven years. Each Congressional District must be
		  represented on the Commission.
Section
		  3. Upon the expiration of the foregoing terms of the said
		  Commission, a successor shall be appointed by the Governor for a term of seven
		  years, which term of seven years shall thereafter be for each member of the
		  Commission. No Commissioner can serve more than one term and none can succeed
		  himself.
Section 4. Each
		  Commissioner shall take the regular oath of office provided in the Constitution
		  and serve without compensation other than actual expenses while away from home
		  engaged entirely on the work of the Commission.
Section 5. A Commissioner may be removed by
		  the Governor only for the same causes as apply to other Constitutional
		  Officers, after a hearing which may be reviewed by the Chancery Court for the
		  First District with right of appeal therefrom to the Supreme Court, such review
		  and appeal to be without presumption in favor of any finding by the Governor or
		  the trial court.
Section 6.
		  Vacancies on the Commission due to resignation or death shall be filled by
		  appointment of the Governor for the unexpired term within thirty days from date
		  of such vacancy; upon failure of the Governor to fill the vacancy within thirty
		  days, the remaining Commissioners shall make the appointment for the unexpired
		  term. A Chairman shall be elected annually from the seven members of the
		  Commission to serve one year.
Section
		  7. The Commission shall elect an Executive Secretary whose salary
		  shall not exceed that of limitations placed on other constitutional
		  departments; and other executive officers, supervisor, personnel, office
		  assistants, wardens, game refuge keepers, and hatchery employees, whose
		  salaries and expenditures must be submitted to the Legislature and approved by
		  an Act covering specific items in the biennial appropriation as covered by
		  Article XVI, Section 4 of the Constitution.
Section 8. No person shall be employed by the
		  Commission who shall be related to any of the Commissioners or any other State
		  officers within the third degree of relationship by blood or marriage. All
		  employed personnel may make arrest for violation of the game and fish laws.
The fees, monies or funds arising from all sources by the
			 operation and transaction of the said Commission and from the application and
			 administration of the laws and regulations pertaining to birds, game, fish and
			 wildlife resources of the State and the sale of property used for said purposes
			 shall be expended by the Commission for the control, management, restoration,
			 conservation and regulation of the birds, fish and wildlife resources of the
			 State, including the purchases of other acquisitions of property for said
			 purposes and for the administration of the laws pertaining thereto and for no
			 other purposes. All monies shall be deposited in the Game Protection Fund with
			 the State Treasurer and such monies as are necessary including an emergency
			 fund shall be appropriated by the Legislature at each legislative session for
			 the use of the Game and Fish Commission as hereto set forth. No monies other
			 than those credited to the Game Protection Fund can be appropriated.
All money to the credit of or that should be credited to the
			 present Game Protection Fund shall be credited to the new Game Protection Fund
			 and any appropriation made by the Legislature out of the Game Protection Fund
			 shall be construed to be for the use of the new Commission and out of the new
			 Game Protection Fund.
The books, accounts and financial affairs of the Commission shall
			 be audited by the State Comptroller as that department deems necessary, but at
			 least once a year.
Resident hunting and fishing licenses, each, shall be One and
			 50/100 Dollars annually, and shall not exceed this amount unless a higher
			 license fee is authorized by an Act of Legislature.
The Commission shall have the exclusive power and authority to
			 issue licenses and permits, to regulate bag limits and the manner of taking
			 game and fish and furbearing animals, and shall have the authority to divide
			 the State into zones, and regulate seasons and manner of taking game, and fish
			 and furbearing animals therein, and fix penalties for violations. No rules or
			 regulations shall apply to less than a complete zone, except temporarily in
			 case of extreme emergency.
Said Commission shall have the power to acquire by purchase,
			 gifts, eminent domain, or otherwise, all property necessary, useful or
			 convenient for the use of the Commission in the exercise of any of its duties,
			 and in the event the right of eminent domain is exercised, it shall be
			 exercised in the same manner as now or hereafter provided for the exercise of
			 eminent domain by the State Highway Commission. All laws now in effect shall
			 continue in force until changed by the Commission. All contracts and agreements
			 now in effect shall remain in force until the date of their expiration.
This amendment shall not repeal, alter or modify the provisions
			 of any existing special laws under the terms of which a County Game Commission
			 has been created:
The Commission shall be empowered to spend such monies as are
			 necessary to match Federal grants under the Pittman-Robertson or similar acts
			 for the propagation, conservation and restoration of game and fish.
The amendment shall become effective July 1, 1945. (Proposed by
			 Initiated Petition. Voted upon at General Election November 7, 1944. For 115,
			 214; Against 72,797)
01.00-B
DUTIES AND AUTHORITIES OF WILDLIFE OFFICERS
. Wildlife officers shall be
		  commissioned by the Commission and shall, concurrently with the sheriffs,
		  constables and other peace officers throughout the State, have the right to
		  apprehend persons detected violating any of the laws of the State enacted for
		  the protection of game, fish, furbearing animals and other wildlife, and to
		  take such offenders before any court having jurisdiction in the county where
		  such offense is committed. Such persons shall also serve all processes issued
		  by a court of competent jurisdiction relating to the enforcement of all laws
		  pertaining to game, fish, furbearing animals and other wildlife of the State;
		  to go upon any property outside of private dwellings, posted or otherwise, in
		  the performance of their duties; to carry firearms while performing duties, and
		  may with or without a warrant according to law, conduct searches.
Special Agents and National Wildlife Refuge and National Park
			 Service Employees who have been authorized to enforce laws and regulations
			 administered by the U.S. Department of the Interior, Fish and Wildlife Service,
			 may be commissioned as Wildlife Officers by the Arkansas Game and Fish
			 Commission, upon proper oath or affirmation and issuance of proper credentials,
			 and shall have authority to make arrests, searches and seizures for violations
			 of State game and fish laws and regulations. They shall serve without
			 compensation in the discharge of these duties. Arkansas Wildlife Officers may
			 be appointed as U.S. Deputy Game Wardens with the U.S. Department of the
			 Interior, Fish and Wildlife Service and shall have authority as conferred upon
			 them by that agency. They shall serve without compensation in the discharge of
			 these duties.
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:
AQUACULTURE SPECIES
- Any species listed on the
			 Approved Aquaculture Species List (available from the Fisheries Division) and
			 species not listed but allowed under Unlisted or Restricted Species Possession
			 Permits.
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, 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 from 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, bullhead catfish, 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) , 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 attraction for wildlife to, on or over any areas where
			 hunters are attempting to take them.
BIG GAME
- Alligator, 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 (see Code 41.12 for minimum length
			 limits).
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.
CARCASS
- The body of a dead
			 animal
.
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.
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.
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 taking or attempting to take such game animals or
			 wildlife through the possession or use of any killing device.
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.
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 the state
			 of Arkansas.
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, Non-Resident 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.
DEFERRED HUNTER EDUCATION
- Shall be a term whose
			 abbreviation DHE (DHE) when dealer imprinted on an Arkansas hunting license/
			 permit defers completion of hunter education certification while said license/
			 permit is valid.
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
			 (Picoides borealis), ivory-billed woodpecker (Campephilus principalis).
REPTILES:
American alligator (Alligator mississippiensis). Currently listed
			 as threatened due only to similarity in appearance to the American crocodile (
			 Crocodylus acutus).
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. Electronic pulse
			 ignition muzzleloaders are considered to be loaded if the ignition circuit is
			 charged.
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 fish farmer.
FISH FARMER (AQUACULTURIST)
- Any person, firm,
			 partnership or corporation engaged in the propagation or rearing of aquaculture
			 species for sale.
FREEFLOATING FISHING DEVICE
- Any 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 (civet cat), striped 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
- 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
- Any person, firm or
			 corporation engaged, for pay or other consideration, who provides pen-raised
			 birds for harvest by hunters.
GAME BIRDS
- Turkey, quail, pheasant, chuckar, 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, striped bass hybrid, crappie, catfish, trout, bream, sunfish,
			 goggle-eye, walleye, northern pike, muskellunge, sauger, paddlefish and
			 pickerel.
GEOCACHE
- Items in a container (cache) placed or
			 hidden for individuals to subsequently find using a Global Positioning
			 Satellite (GPS) receiver device.
GEOCACHING
- An outdoor sport, similar to "high-tech
			 treasure hunting", involving use of a Global Positioning Satellite (GPS)
			 receiver device to find a cache.
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)
LENGTH LIMITS - MINIMUM LENGTH LIMIT
:The shortest
			 length of a fish of a designated species that can be kept.
MAXIMUM LENGTH
			 LIMIT
: The maximum length of a fish of a designated species that can be
			 kept.
PROTECTED LENGTH LIMIT
: 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. All fish not meeting the length limit requirements for a
			 particular water or species must be immediately released into the water where
			 caught.
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.
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.
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 the state of Arkansas.
NIGHT
- thirty (30) minutes after sunset to thirty
			 (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,birds and fish.
NON-RESIDENT
- Any person not defined as
			 resident.
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
- Having or holding wildlife,
			 or any property in one's power; the exercise of dominion over property.
			 Possession includes actual possession, which means physical occupancy or
			 control over property, and constructive possession, which means control or
			 dominion over property without actual possession or custody of the
			 property.
PROPAGATE or PROPAGATION
- To cause plants or
			 animals to breed or multiply.
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.
REAR OR REARING
- To maintain plants or animals in
			 order to increase their size or developmental stage.
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 physically inhabits a bona
			 fide residence within Arkansas for a period of time, no less than 60 days, and
			 declares themselves to be a full-time resident of Arkansas. Additional facts to
			 be considered in establishing proof of current Arkansas residency are:
(1) Possession of a valid current Arkansas
		  issued Driver's License or Arkansas issued I.D. card.
(2) Possession of a valid Arkansas vehicle
		  registration in their name and displaying current Arkansas license tags on
		  their vehicle.
(3) Other
		  documentation may be taken into consideration to verify proof of Arkansas
		  residency.
Possession of Arkansas real estate and/or proof of payment of
			 associated services or utilities do not qualify the owner/renter as a resident
			 if they live out of state.
EXCEPTIONS
:
(A) The following students, carrying proof of
		  full-time enrollment in schools, colleges or universities while hunting or
		  fishing in Arkansas, are eligible to purchase annual or trip resident license
		  privileges:
(1) Residents of Arkansas
		  enrolled as full-time students in colleges and universities outside of
		  Arkansas.
(2) Non-residents
		  enrolled as full-time students in colleges and universities in
		  Arkansas.
(3) Non-resident foreign
		  exchange students attending school in Arkansas.
(4) Resident foreign exchange students
		  attending school outside of Arkansas.
(B) The following military personnel are
		  eligible to purchase annual or trip resident license privileges:
(1) Active-duty military personnel assigned
		  to duty stations in Arkansas.
(2)
		  Active-duty military personnel who were Arkansas residents at the time of
		  entering service, regardless of where currently stationed.
(C) Proof of at least one (1) year residency
		  must be provided when applying for the following 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.
(D) Proof of at least three (3) years
		  residency must be provided when applying for the following licenses: 65 Plus
		  Lifetime License.
The Director or his representative shall make the final
			 determination as to the resident status of any license applicant.
ROUGH FISH
- Gars, bowfin, bullhead catfish, common
			 carp, asian carp
(grass carp, bighead carp, silver carp), suckers (including
			 buffalo) and drum.
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 DECOYS
- Electronic,
			 mechanically-operated, wind-powered or manually-powered devices that simulate
			 wing movement, except for kite devices.
SMALL GAME
- Furbearers, migratory game 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.
SPORTFISH
- See game fish definition above.
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.
TRAP or TRAPPING
- To use a device, such as a
			 clamp-like apparatus that closes, noose or cable restraint device (snare), for
			 the purpose of catching and holding animals.
TROUT
- Any members of the Salmonidae family
			 including rainbow trout,
brown trout, brook trout, lake trout and cutthroat trout.
WATERFOWL
- All wild 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)",
"Special Use Area (SUA)", "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.
01.00-D
CONFISCATION AND SEIZURE
.
(A) Any
		  wildlife, including but not limited to game animals, birds and fish,
that is taken, transported or sold in violation of any Commission
			 Code regulation is declared to be contraband and may be seized under authority
			 of this Commission Code. Upon conviction of the offender, or sooner if the
			 court having jurisdiction so orders, title to the wildlife shall be forfeited
			 to the Arkansas Game and Fish Commission and such wildlife released or disposed
			 of in accordance with Commission policy.
(B) Any equipment, including but not limited
		  to guns, archery equipment, traps, tackle, nets, boats, lights, motors,
		  vehicles and other fishing or hunting gear or devices, used in connection with
		  a violation of any of the following Commission Code regulations is declared to
		  be contraband and may be seized under authority of this Commission Code:
02.14
Bear Hunting Season.
02.21
Elk Hunting Season.
02.23
Alligator Hunting Season.
03.14
Special Guide License Requirements.
04.03
Hunting Wild Turkey Over Bait Prohibited.
04.06
Wild Turkey Hen Restrictions.
06.04
Taking of Doe Deer Prohibited
07.04
Modern Firearms Prohibited During Muzzleloading Deer
						Seasons.
08.03
Possession of Firearms While Archery and Crossbow Hunting
						Prohibited.
11.04
Hunting or Fishing After Revocation of License
						Prohibited.
11.05A
Revocation of Commercial Wildlife Permit
						Privileges.
15.37
Wildlife Importation.
15.38
Importation of Certain Wildlife Prohibited.
17.03
Legal Bull Elk Requirements
17.04
Taking of Antlerless Elk Prohibited
18.01
Hunting Wildlife in Closed Season Prohibited
18.02
Night Hunting Prohibited.
18.03
Selling Wildlife Restrictions.
18.04
Hunting From Road Prohibited.
18.05
Taking Wildlife at Night From a Boat Prohibited.
18.14
Taking of Alligator Prohibited.
18.20
Taking of Raptors Prohibited.
19.12
Endangered Species Protected.
20.06
Cutting Devices Prohibited on Commission Owned WMAs, WDAs
						and SUAs.
25.09
Guiding Prohibited on All Commissioned-Owned or
						Controlled WMAs, WDAs and WRAs.
26.02
Restrictions on Method of Taking Alligator.
32.01
Taking Fish With Electrical Devices, Firearms,
						Explosives, Toxic, Stupefying Or Killing Substances Prohibited.
32.02
Trapping Fish Prohibited.
39.01
Aquatic Turtle Harvest Permit Requirements.
39.01(A)
Aquatic Turtle Dealer Permit Requirements.
39.01(B)
Non-Resident Aquatic Turtle Dealer Permit
						Requirements.
39.01(C)
Aquatic Turtle Farmer Permit Requirements.
39.02
Commercial Aquatic Turtle Harvest Restrictions.
39.03
Aquatic Turtle Tackle Tagging.
39.04
Aquatic Turtle Tackle Restrictions.
39.07(A)
Take or Possession of Alligator Snapping Turtles
						Prohibited.
39.07(B)
Take of Chicken Turtles Prohibited.
39.08
Importation of Alligator Snapping Turtles and Chicken
						Turtles Prohibited.
39.09
Alligator Snapping Turtle Breeder/Dealer Permit
						Requirements.
41.05(A)
Resident Roe Taker/Seller Permit Requirements.
41.05(B)
Resident Roe Buyer/Exporter and Non-Resident Roe
						Buyer/Exporter Permit Requirements.
41.05(C)
Roe Buyer/Exporter Reporting Requirements.
41.08 Ille
gal Commercial Tackle Prohibited.
41.13
Commercial Fishing by Non-Resident Prohibited.
41.39
Paddlefish and Sturgeon Harvest Season.
Upon conviction of the offender, the court having jurisdiction
			 may order title to the equipment forfeited to the Arkansas Game and Fish
			 Commission and such equipment disposed of in accordance with Commission policy.
			 Equipment confiscated may be advertised and sold at public auction with the
			 proceeds of the sale to be deposited in the Game Protection Fund.
(C) Procedural matters regarding
		  seizure and forfeiture of contraband not otherwise addressed herein shall be
		  governed by the provisions of Rule 15 (Disposition of Seized Things) of the
		  Arkansas Rules of Criminal Procedure, as amended.
01.00-E
TRANSPORTING WILDLIFE ACROSS
		  STATE LINES
. Wildlife, or parts thereof, taken in violation of State
		  Laws or regulations and transported across state lines is a violation of
		  Federal Laws.
01.00-F
PRIMA
		  FACIE EVIDENCE
. The possession of any tackle or killing device in
		  fields, forests, along streams or in any location known to be game cover, may
		  be considered along with other evidence as prima facie evidence that the
		  possessor is hunting or fishing.
01.00-G
RIGHT TO SEEK
		  RESTITUTION
. The Arkansas Game and Fish Commission has the authority and
		  right to seek civil and criminal monetary restitution, by whatever means
		  appropriate, for the purpose of establishing a method by which it can recover
		  the lost value of destroyed wildlife, in addition to those penalties currently
		  in effect.
01.00-H
MAXIMUM
		  PENALTY UPON CONVICTION
.
Upon conviction, courts of competent jurisdiction are authorized
			 to impose a monetary fine within the stated penalty range for violation of any
			 Arkansas Game and Fish Commission regulation. Further, all such courts shall be
			 authorized to revoke hunting and fishing privileges as a penalty for conviction
			 of any Game and Fish Commission regulation and to order the incarceration of
			 convicted violators for up to one (1) year.
01.00-I
MINIMUM PENALTY
. A
		  minimum penalty of $100.00 shall be imposed upon all game and fish violations
		  with the following exceptions: 03.02 Fishing License Requirements; 06.07 Hunter
		  Orange Clothing Requirements; 09.01 Hunting Dog Requirements; 31.09 Yo-Yo
		  Fishing Restrictions; and 43.01-43.02 Boating (As prescribed under Title 27).
01.00J
POINT SYSTEM FOR
		  HUNTING AND/OR FISHING VIOLATIONS
Upon the accumulation of 12 points for hunting and/or fishing
			 violations within a three year period, the individual will be ineligible to
			 apply for any Commission deer, turkey and elk permit hunts for the following
			 three-years. The accumulation of 18 points for hunting and/or fishing
			 violations within a three-year period may result in the revocation of all
			 hunting and/or fishing licenses and the privileges attached thereto for one
			 year, and the accumulation of 30 points within a five year period may result in
			 the loss of all licenses and privileges for three years. A revocation of
			 hunting and/or fishing licenses and privileges occurring for a third time
			 during an individual's lifetime may result in the lifetime revocation of all
			 hunting and/or fishing licenses and privileges. Any person who forfeits bond,
			 pleads guilty or nolo contendere, or is found guilty of violating any hunting
			 or fishing regulation shall be assigned points as follows:
CODE NO
.
TYPE OF VIOLATION
POINTS
02.13A
Alligator, Deer, Turkey and Bear Tagging
						Requirements
12
02.13B
Big Game Checking Requirements
12
02.14
Bear Hunting Season
18
02.21
Elk Hunting Season
30
02.23
Alligator Hunting Season
18
03.08
Counterfeiting License
18
03.13
Special Guide License Requirements
18
04.03
Hunting Wild Turkey Over Bait Prohibited
18
09.03
Dogs Prohibited During Deer Season
12
11.04
Hunting or Fishing After Revocation of License
						Prohibited
30
11.08
Hunting, Fishing, Trapping, Releasing Hunting Dogs or
						Pursuing Wildlife With Dogs Without Landowner/Lessee Permission
						Prohibited.
9
11.09
Hunting/Fishing Endangerment Prohibited. Assessment of
						additional points dependent upon severity of violation. A conviction for
						violating this regulation may result in the assessment of additional violation
						points up to and including lifetime revocation of privileges when associated
						with the following occurrences:
12
With Property Damage 18
With Personal Injury 30
With Human Fatality Lifetime
16.05
Shooting Bears in Dens Prohibited
18
16.07
Hunting Bear Over Bait
9
17.03
Legal Bull Elk Requirements
18
17.04
Taking of Antlerless Elk Prohibited
18
18.01
Hunting Wildlife in Closed Season
30
18.02
Night Hunting
30
18.03
Selling Wildlife Restrictions **A conviction for
						violating this regulation May result in the lifetime revocation of all hunting
						and/or fishing licenses.
**
18.04
Hunting from Road Prohibited
18
18.14
Taking of Alligators Prohibited
18
18.20
Taking of Raptors Prohibited
18
19.12
Endangered Species
30
25.09
Guiding Prohibited on all Commission Owned or Controlled
						WMAs (Guides)
18
25.09
Guiding Prohibited on all Commission Owned or Controlled
						WMAs (Guided Hunters)
09
31.07
Sale of Game Fish
18
32.01
Taking Fish with Electrical Devices, Firearms,
						Explosives, Toxic or Killing Substances 30
36.03
Sale of Bullfrogs
18
38.01
Mussel Shell Taker, Buyer and Seller License and
						Reporting Requirements
18
39.01
Aquatic Turtle Harvest Permit Requirements
18
39.01(A)
Aquatic Turtle Dealer Permit Requirements
18
39.01(C)
Aquatic Turtle Farmer Permit Requirements
18
39.02
Commercial Aquatic Turtle Harvest Restrictions
9
39.04
Aquatic Turtle Tackle Restrictions
9
39.05
Aquatic Turtle Harvest and Dealer Reporting
						Requirements.
9
39.06
Possession of Sportfish by Aquatic Turtle Harvest
						Permittees Prohibited
9
39.07(A)
Take or Possession of Alligator Snapping Turtles
						Prohibited.
18
39.07(B)
Take of Chicken Turtles Prohibited
9
39.08
Importation of Alligator Snapping Turtles and Chicken
						Turtles Prohibited.
18
39.09
Alligator Snapping Turtle Breeder/Dealer Permit
						Requirements.
18
41.05 (A)
Resident Roe Taker/Seller Permit Requirements
18
41.05 (B)
Resident Roe Buyer/Exporter and Non-Resident Roe
						Buyer/Exporter Permit Requirements
18
41.05 (C)
Roe Buyer/Exporter Reporting Requirments
18
41.13
Commercial Fishing by NonResident Prohibited
18
41.30
Paddlefish and Sturgeon Possession Restrictions on White
						River, Arkansas River and Border Waters.
18
41.33
Cutting or Mutilation of Paddlefish and Sturgeon
						Prohibited
30
41.39
Paddlefish and Sturgeon Harvest Restrictions
18
44.06
Commercial Fishing for Certain Fish Prohibited in Lower
						Ouachita River
18
*All Others
06
*Boating regulations are not included in points toward
			 revocation.
The following violations shall result in a double assessment of
			 the respective point value for the violation committed upon final court
			 disposition:
1) Any violation of
		  harvest regulations committed by a Guide License holder.
2) Any violation of trout harvest regulations
		  in a trout catch and release area.
3) Any violation of bass harvest regulations
		  on lakes designated as Trophy Bass Management Areas (Lakes Monticello, Lower
		  White Oak, Columbia, SWEPCO, Pickthorne and Austelle).
4) Adults 21 years or older when accompanying
		  youth under 16.
01.00-K
SUSPENSION, REVOCATION OR DENIAL OF LICENSES, PERMITS, TAGS AND
		  STAMPS
. The Director of the Arkansas Game and Fish Commission, through
		  his authorized representative, may suspend or revoke the license, permit, tag
		  or stamp of any holder, and may deny the application of any applicant, without
		  a preliminary hearing, upon a showing through the Commission's records or other
		  sufficient evidence that the holder or applicant has:
(1) Accumulated points for hunting and/or
		  fishing violations in excess of the amounts set forth in Section
		  01:00-J;
(2) Made a material
		  misrepresentation or practiced fraud or deceit in an attempt to obtain a
		  license, permit, tag or stamp;
(3)
		  Permitted a fraudulent or unlawful use of his license, permit, tag or stamp;
		  or
(4) Under either federal law or
		  another state's law, (a) has received a lifetime revocation of his or her
		  hunting and/or fishing privileges, or (b) been convicted within the past three
		  (3) years of a hunting and/or fishing violation, which, if the conviction had
		  been pursuant to Arkansas law, would have been grounds for suspension or
		  revocation.
Upon suspension or revocation of any license, permit, tag or
			 stamp, or denial of any application, the Director, or his authorized
			 representative, shall notify the holder or applicant in writing. Any holder or
			 applicant desiring a hearing shall notify the Commission in writing within
			 twenty (20) days after receipt of the suspension, revocation or denial notice.
			 Upon receipt of the hearing request, the Commission shall appoint a hearing
			 officer and notify the holder or applicant of the date, time and location of
			 the hearing. The Commission shall cause an official record to be made of the
			 proceedings. Hearings shall be conducted in an informal manner and without
			 necessity of adherence to the rules of evidence required in judicial
			 proceedings. Parties shall have the right to be represented by counsel, to
			 submit evidence in open hearing, compel the attendance of witnesses and to
			 cross-examine any witness at the hearing. Irrelevant, immaterial or unduly
			 repetitious evidence shall be excluded by the hearing officer. Notice may be
			 taken of generally recognized technical or scientific facts within the
Commission's specialized knowledge, and the Commission's
			 experience, technical competence and specialized knowledge may be utilized in
			 the evaluation of the evidence. Based upon the evidence in the record of the
			 proceedings, the hearing officer shall affirm, rescind, or modify the
			 suspension or revocation of the license, permit, tag or stamp, or the denial of
			 the application. Decisions of the hearing officer shall be final and shall
			 include findings of fact, conclusions of law and the final order. The parties
			 shall be served either personally or by mail with a copy of the final
			 decision.
01.00-L
REWARD SYSTEM
. The Director of the Arkansas Game and Fish 09-99
		  Commission, through his authorized representative and according to policy, may
		  pay cash rewards in an amount up to one thousand dollars ($1,000) for
		  information resulting in the issuance of citations for certain violations of
		  Arkansas Game and Fish Commission regulations.