Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.12-015 - Proposed Miscellaneous Code Revision

Current through Register Vol. 49, No. 6, June, 2024
Proposed Miscellaneous Code Revisions
Committee:
Regulations
Date:
September
			 19, 2012
Explanation:
[BULLET] Code 05.32-The current language used in deals only with
			 a person violating an AGFC regulation involving the consumptive use (illegally
			 taking, attempting to take, possessing, buying, or selling of wildlife). There
			 are several regulations where Officers could apply this and it be the correct
			 code to charge a person with. The examples below involve a person who drives a
			 vehicle for another person, but does not ever get out of the vehicle to be
			 actively involved with committing a violation of the regulation. A person
			 drives a vehicle never getting out and the passenger (1) dumps trash or litter
			 on a WMA, (2) unloads ATV's for subjects to ride on a WMA and picks them up
			 later at another location, (3) is pulling a trailer loaded with feral hogs that
			 are released by the passenger on a WMA. This proposed change will allow the
			 driver to be charged with Aiding, Accompanying or Abetting Prohibited in these
			 violations which has a Class 1 Penalty and carries 6 violation points.
[BULLET] Code 06.11-This code will ban the use of all military
			 ball and full metal jacket ammunition for hunting any type of wildlife. This
			 type of ammunition is not designed for hunting and does not expand to create a
			 clean and humane taking of wildlife with a firearm. It will include all full
			 metal jacket ammunition and military ammunition such as tracers, and armor
			 piercing. Currently it is banned for deer and bear hunting but not for
			 furbearer and elk. By creating this code it will be banned for the taking of
			 all wildlife and also prohibit a hunter from having this type of ammunition in
			 their possession. It will be referenced in the deer, bear, furbearer, and elk
			 codes also attached, (codes also affected 06.02, 06.07, 06.09 and 06.10)
[BULLET] Codes/Addenda 05.05, 17.01, 20.10, G1.01 -Oneida Victor
			 Ltd Inc. recently contacted the state of Arkansas requesting that the word
			 "Conibear" be removed from all state laws and regulations in order to protect
			 their ability to defend this trademarked term. The Conibear was one of the
			 first models of body-gripping traps to reach the market and many states,
			 including Arkansas, used that term when describing such traps in their
			 regulations. In order to comply with this request we are proposing that
			 "Conibear" be replaced with "body-gripping trap" in applicable codes.
[BULLET] Addenda C1.01-When the 2012-2013 General Hunting
			 Regulations package was approved during the April 2012 Commission meeting,
			 there was a typographical error for the modern gun permit hunt on Wedington
			 WMA. The Code of Regulations says December 10-11, 2012. However, the correct
			 date is November 10-11, 2012. Attached is a proposed code for consideration to
			 change the month to November.
[BULLET] Code 20.07-ln order to collect hunter use data from the
			 Sweet Sixteen WMAs, hunters are required to obtain a free use permit prior to
			 any hunting or trapping activity on these WMAs. This proposed code modification
			 will eliminate the need for youth hunters, less than 16 years of age, to obtain
			 this permit. Many youth hunters do not have an email address or proper
			 identification to complete the survey, and this change would reduce the amount
			 of needed paperwork and requirements for youth hunters.
Prepared by:
David Goad
05.05
HUNTING FROM A PUBLIC ROAD OR
		  LEVEE PROHIBITED
It is unlawful to shoot from or across any public road, or to
			 hunt within 100 feet from the center of any such road. It also is unlawful to
			 hunt or shoot from or across the main west levee of the Mississippi or Arkansas
			 rivers from the Louisiana-Arkansas state line to the intersection of Arkansas
			 Highway 11 north of Grady, Lincoln County, Arkansas. There shall be a
			 rebuttable presumption that a person is hunting from a public road or levee if
			 he points, aims, shoots or attempts to shoot a firearm or other killing device
			 in a direction in which wildlife is present or likely to be present, including
			 shooting at a wildlife decoy.
EXCEPTIONS:
(1) Persons using firearms to dispatch
		  wildlife caught in legally set foothold or
body-gripping e
traps.
(2) In compliance
		  with (
Code 09.15
and
Addendum F
		  1.07
.
PENALTY: Class 3