Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Division 01 - Legal Division › Rule 002.01.22-116 - 01.00-K-Point System For Violations of Commission Regulations

Current through Register Vol. 49, No. 6, June, 2024
Code Book
The regulations in this Code Book are hereby adopted by
				the Arkansas State Game and Fish Commission under authority of Amendment 35 to
				the Constitution of the State of Arkansas. All laws, rules, regulations, or
				orders in conflict with the regulations in this Code Book are hereby repealed
				by the Arkansas State Game and Fish Commission.
01.00-K
Point System For Violations of
			 Commission Regulations
A. The
			 Commission has determined that certain violations of its regulations, or a
			 series of violations, are so harmful to the fish and wildlife resources of the
			 State that they warrant a suspension of an individual's hunting and fishing
			 rights, privileges and related licenses. The Commission regards such action as
			 a valid means of protecting the fish and wildlife resources of the State. Under
			 subsection B of this Code, points are assigned for the various offenses. When a
			 person cited for such an offense pleads guilty or no contest, forfeits an
			 appearance bond, or otherwise is convicted by a court of competent
			 jurisdiction, the Commission assesses the points on that person's hunting and
			 fishing violation record. The accumulation of a certain number of points within
			 the time specified can result in administrative suspension of hunting and
			 fishing rights, privileges and related licenses for a specific period of
			 time.
B. The Commission shall
			 assign violation points to:
1. A person
			 convicted of violating a Commission regulation;
2. A person convicted of violating a federal
			 wildlife law or regulation in Arkansas; and
3. In accordance with Code 01.00-Q, an
			 Arkansas resident convicted of a wildlife offense in another state that is a
			 member of the Interstate Wildlife Violator Compact.
Violation point values for Commission regulations are as
				follows:
* Class 1 Offense = 6 Points
* Class 2 Offense = 12 Points
* Class 3 Offense = 18 Points
* Class 4 Offense = 30 Points
* Class 5 Offense = 99 Points
* Unclassified Offense = 0 points
The violation point value for a federal wildlife law or
				regulation violation shall be equal to the violation point value for the most
				similar Commission regulation violation. If a court imposes an enhanced penalty
				pursuant to Code 01.00-J, the Commission shall assign corresponding violation
				points for the higher class of offense.
A. For administration of this Point System,
			 the Commission shall assign violation points as of the date of a person's
			 conviction for an offense, and such convictions and violation points will
			 remain on a person's AGFC violation record indefinitely. For the purpose of
			 determining a person's eligibility for suspension or revocation under Code
			 01.00-L, violation points associated with an offense for which a conviction
			 resulted will expire 5 years after the date of conviction for that offense. The
			 Commission shall not consider violation points that have:
1. Previously been counted and formed the
			 basis for issuance of a suspension or revocation, or
2. Expired.