Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.07-002 - 2007 Entire Updated Code Book

Current through Register Vol. 49, No. 6, June, 2024
Section 01.00
		  General Information.
01.00-A
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)