Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.12-003 - 2012-13 Statewide General Hunting Regulations and WMA Seasons

Current through Register Vol. 49, No. 6, June, 2024
2012-2013 General Hunting Regulations
			 Proposals
Committee:
Regulations
Date:
April 25, 2012
Explanation:
Recommended revisions for hunting related regulations and new
			 proposals were presented at the March meeting for Commission review and
			 consideration. The proposals are will be presented at this meeting for
			 Commission approval. These proposals include calendar adjustments, code
			 revisions and code clarifications. Included, with the backup material, is a
			 summary of recommended changes and a color coded copy of affected codes.
Prepared by:
David Goad
2012-2013
Hunting Regulations
Summary of Proposals
Deer
1. Add an antlerless only hunt to deer zones
		  1, 1A, 2, 6, and 8.
Addendum:
A1.01
Justification
Biological data from hunter harvested animals suggests the age
			 structure of the doe segment is skewed toward older age classes. Our management
			 goal is to reduce the proportion of older doe (3.5+ year olds) in the
			 population from 52-65% to approximately 40%. Also, doe harvest in these zones
			 comprises approximately 32-52% of the total harvest.
Providing hunters with an opportunity to harvest doe early in the
			 season (prior to rut) will result in a more concentrated rut period and a
			 reduction in the herd size during the winter months. This, in turn, will
			 increase buck carryover.
2.
		  Eliminate doe days and allow harvest of one doe with firearms in deer zones 2,
		  3, 6, 6A, 7, 8, 8A and 10. Also, raise the bag limit from three deer to four
		  deer, including no more than two bucks or up to four does (only one doe with
		  firearms).
Addendum:
A1.01
Justification
Biological data from hunter harvested animals suggests the age
			 structure of the doe segment is skewed toward older age classes. Our management
			 goal is to reduce the proportion of older doe (3.5+ year olds) in the
			 population from 55% to approximately 40%. Also, doe harvest in these zones
			 comprises approximately 40% of the total harvest; doe harvest of at least 45%
			 is required to reduce populations. Adding another deer to the bag limit may
			 encourage more hunters to harvest a doe with firearms without having to give up
			 a buck tag.
3. Eliminate doe
		  days and allow harvest of two does with firearms in deer zones 1 and 1A.
Addendum:
A1.01
Justification
Biological data from hunter harvested animals suggests the age
			 structure of the doe segment is skewed toward older age classes. Our management
			 goal is to reduce the proportion of older doe (3.5+ year olds) in the
			 population from 55% to approximately 40%. Also, doe harvest in these zones
			 comprises approximately 40% of the total harvest; doe harvest of at least 45%
			 is required to reduce populations.
4. Increase bag limit from three deer to four
		  deer, including no more than two bucks or up to four does (up to two does with
		  firearms) in deer zones 9, 16 and 16A.
Addendum:
A1.01
Justification
Biological data from hunter harvested animals suggests the age
			 structure of the doe segment is skewed toward older age classes. Our management
			 goal is to reduce the proportion of older doe (3.5+ year olds) in the
			 population from 62-86% to approximately 40%. Also, doe harvest in these zones
			 comprises approximately 38-49% of the total harvest. Adding another deer to the
			 bag limit may encourage more hunters to harvest a doe with firearms without
			 having to give up a buck tag.
5. Add Missouri to the carcass importation
		  restriction list.
Addendum:
S1.01
Justification
In the fall of 2009, the Missouri Department of Conservation
			 (MDC) discovered a positive white-tailed deer for Chronic Wasting Disease (CWD)
			 in Linn County. In attempt to increase protection of Arkansas' cervid resource,
			 the AGFC included Missouri to the list of states under the Carcass Importation
			 Restriction regulation for the 2010-2011 seasons. From this initial positive
			 case, MDC performed intensive sampling of wild and captive cervids in and
			 around the CWD positive facility with no disease being detected. This testing
			 provided security to the AGFC that Missouri could be removed from the Carcass
			 Importation Restriction regulation. In the 2011-2012 hunting regulations,
			 Missouri was not considered a state of restriction. In October 2011, MDC
			 detected a second CWD positive white-tailed deer from a captive facility in
			 Macon County. MDC has plans to perform intensive sampling around this positive
			 facility and the surrounding counties. Until these tests are complete and no
			 additional disease is detected, it is the recommendation from the AGFC Deer
			 Team that the entire state of Missouri be placed on the Carcass Importation
			 Restriction regulation. This action will increase Arkansas' protection of CWD
			 entering our state and jeopardizing our native cervid resources. Since this
			 proposal was submitted MDC has recently discovered a CWD positive sample from a
			 wild white-tailed deer in Macon County.
6. The early modern gun doe-only hunt will
		  become an antlerless hunt, allowing the legal harvest of bucks with less than 2
		  inches of antler.
Code/Addendum:
01.00-C, A1.01
Justification
Currently, the early modern gun doe-only season allows the take
			 of doe only. Typically, 15-20% of antlerless deer harvested are button bucks.
			 During the 2011-12 season's doe-only hunt 5,519 doe were checked in open zones
			 while only 137 button bucks were checked (2.5% of the doe harvest). Hunters are
			 taking button bucks during the doe-only seasons. Most likely they are checking
			 these as doe or are not checking them at all. Allowing the harvest of button
			 bucks would provide the commission with a more accurate dataset. Hunters would
			 be required to tag and check button bucks as bucks.
7. Ensure wording is available for archery
		  hunters to harvest bucks during the special modern gun antlerless season.
Code/Addendum:
15.01, A1.01
Justification
Currently code and addendum wording is not clear if an archery
			 hunter can harvest a legal buck during the Doe Only Modern Gun Hunt. The intent
			 is to provide clarification to allow archery hunters the opportunity to harvest
			 a legal buck during the Doe Only Modern Gun Hunt.
8. Harvest of does will be allowed during the
		  Christmas modern gun hunt in deer zones 2, 6, 6A, 7, 8, 8A and 11.
Addendum:
A1.01
Justification
The exclusion of doe harvest during the Christmas hunt for these
			 zones was an oversight.
9.
		  Allow the harvest of up to four does with firearms in deer zone 13.
Addendum:
A1.01
Justification
The AGFC Deer Team has looked into expanding the doe harvest
			 opportunity in Zone 13. This Deer Zone is primarily private property, with a
			 great deal being industrial forests. The current doe harvest in this zone is
			 adequate at 54% of the total harvest being females. The data does suggest a
			 concern with 45% of the female harvest being 3.5 years old and older. This
			 suggests an older female segment which is indicative of a too few doe harvest.
			 This change could also reduce the number of individuals seeking AGFC assistance
			 for doe tags. This change would result in: Zone 13: Seasonal bag limit of four
			 deer, no more than two legal bucks. No more than two legal bucks or up to four
			 does may be taken with archery tackle. No more than two legal bucks and four
			 does may be taken with firearms.
10. Change the definition of a legal buck in
		  deer zones 16, 16A and 17 to both antlers under two inches (button buck) or an
		  inside spread at least 15 inches or at least one main beam 18 inches or longer.
Code:
01.00-C
Justification
The 15 inch spread or 18 inch main beam rule will protect 100% of
			 the 1.5 year olds and 92% of the 2.5 year olds while allowing most 3.5 year
			 olds and virtually all 4.5+ year olds to be eligible for harvest, based on data
			 collected in the Delta Region over the past several years.
11. Move deer archery season opener to the
		  fourth Saturday in September 2013.
Addenda:
A1.01, C1.01
Justification
The 2012 archery opener will be September 15, which is the third
			 Saturday in September; archery season has traditionally opened on October 1.
			 The archery opener has been moved earlier in order to provide archery hunters
			 more opportunity before gun seasons open, and provide a Saturday opener, which
			 may improve opening day participation levels. However, the positives associated
			 with an earlier opener may not outweigh the adverse impacts suffered by some
			 land-management activities. September is the most suitable time of year for
			 collecting deer demography data on public lands. Several methods may be
			 employed by agency personnel including trail-camera surveys and thermal imagery
			 surveys. Trail-camera surveys require the use of bait sites; bait sites allow
			 land-managers to randomly select survey sites while ensuring that enough
			 photographs are obtained to perform accurate analyses. The likelihood that deer
			 will visit bait sites improves during fall since deer must begin building fat
			 reserves prior to the rut and late-winter stress periods. A mid-September
			 opener simply does not allow enough of a time window for pre-baiting, sampling,
			 and bait removal activities to occur. Additionally, several municipalities
			 conduct controlled urban deer hunts, which are the most feasible means to
			 address deer herds that exceed cultural carrying capacity. The majority of the
			 harvest from urban hunts occurs during September because these areas provide
			 the only hunting opportunities at that time. Participation in these hunts is
			 likely to decline when the statewide archery season opens in mid-September.
			 Moving the statewide archery opener will provide archery hunters with more
			 opportunity before gun seasons commence compared to the traditional archery
			 opener. A fourth Saturday in September opener will ensure that important
			 land-management activities will not be sacrificed.
12. Move early deer antlerless season opener
		  to the second Saturday in October 2012. The season will be open for five
		  consecutive days.
Addendum:
A1.01
Justification
The deer herd has exceeded biological and cultural carrying
			 capacities in many areas of the state; doe harvests need to be increased in
			 these areas. Harvesting doe early is a sound management strategy because
			 land-managers can reduce the standing herd prior to the rut (and subsequent
			 late-winter stress period) and the size difference between doe and button bucks
			 is much more evident than later in the season. Agency biologists have
			 prescribed early doe harvests for years, but modern gun hunters were only
			 allowed to participate via the Deer Management Assistance Program (DMAP).
			 Modern gun hunting is the most influential and effective deer management tool
			 at our disposal. The 2011 season was the first year for an early doe-only
			 modern gun season, and it was largely successful, though it was restricted to
			 five consecutive weekdays. A five-day doe only hunt that includes a weekend
			 will allow more hunters to take advantage of the season, thereby increasing
			 early doe harvest.
Turkey
13. After review of spring harvest, brood
		  survey and gobbling chronology data, the wildlife management division staff
		  recommends the continuation of a conservative season structure and proposes a
		  later opening date for spring 2013. A later conservative season will result in
		  more hens being bred and heading to the nest when season opens.
Addenda:
A1.02, C1.04
Justification
The conservative season structure, adopted in 2007, and "no jake
			 harvest", adopted in 2011, helps increase gobbler carryover and stabilizes the
			 recent declines in turkey harvest. The concern with the previous spring season
			 structure is that very little breeding of hens occurs by the time the youth
			 hunt/regular season normally opens. This is based on several data sets we have
			 collected in previous years. It was noted that our data shows the percentage of
			 breeding hens rises daily at a good rate throughout mid-April, so any gains in
			 delaying the season opener would result in substantial gains in the number of
			 hens bred before the season starts.
14. Recommending the firearms season on W. E.
		  Brewer Scatter Creek WMA to be a 2 three day permit hunts with 12 permits per
		  hunt.
Addenda:
C1.04, C1.16
Justification
W.E. Brewer Scatter Creek WMA has been lacking a hunt-able turkey
			 population for many years. Harvest records over the last several years have
			 been very low. For 2013 we are proposing this area to have a 2 three day permit
			 hunts and permit hunts with a one bird limit.
Alligator
15. Clarify the current 12.01 code to make it
		  clear to the public the restrictions regarding the private possession of
		  alligators as pets. Prohibit the use of all electronic calls for alligator
		  scouting and hunting in code 12.03.
Codes:
12.01, 12.03
Justification
Clarification of Code 12.01, Exception (3) is needed to insure
			 public is aware alligators are not allowed as personal pets. This is supported
			 in Chapter 09.00 Captive Wildlife code as well. The addition of Item (H) is
			 needed for Code 12.03 due to the fact alligator hunters have been reported
			 using electronic calls to locate alligators prior to and during the alligator
			 hunt. The use of electronic calls tend to attract female alligators and could
			 increase the percentage of females in the harvest.
Bear
16. Remove the two day modern guns season of
		  September 15-16 for BZ2.
Addenda:
A1.08, C1.02
Justification
This is the second season for the two day modern gun bear hunt at
			 the beginning of the archery season. As expected, the two day gun hunt
			 significantly increased the total zone harvest for 2010 and 2011. Sixty nine
			 bears (34F, 35M) were harvested in 2010 MG early season and 72 bears (39F, 33M)
			 were harvested in 2011 early MG season. In the four years prior to 2010, female
			 harvests averaged 34% of total harvest. In 2010 and 2011, the female harvested
			 averaged 48% of the total harvest. The total harvest increased by approximately
			 70 bears each year for the past two years because of the early mg hunt. This
			 increase in and of itself probably isn't an issue of concern since the zone 2
			 harvest was historically well below the target harvest of 150 bears in past
			 years. The past two years of overharvest has probably helped play catch up for
			 the years of under harvest in zone 2. However, the past two years harvest with
			 the two day modern gun has caused a 70% increase in the female harvest ratio.
			 The harvested age class of females has not changed significantly over the past
			 decade. The age class distribution of harvested females is roughly the same for
			 the early modern gun hunt as is for the archery season. The overall numbers of
			 females being harvested with the addition of the early modern gun hunt is a
			 cause for concern. The numbers of females being harvested under the current
			 season framework will cut into the female cohort for that population at an
			 unsustainable rate.
Elk
17. Have two elk seasons Sept. 24-28 and Oct.
		  29-Nov. 2, 2012. The second season date is tentative depending on two things:
		  the results of this year's private land elk hunt, and what other programs set
		  for their hunt dates. If there is an antlerless only deer season during this
		  time it would not be beneficial to have the elk hunt at that time. At the
		  present, this is the only week when there is not another firearm season open
		  during the elk mating season.
Addenda:
A1.09, C1.15
Justification
We will keep the September season this year because a prior
			 contract issued an either sex permit to the Rocky Mountain Elk Foundation for
			 the 2012 September season. The September season will be eliminated after 2012.
			 The reason for having the September hunt was to allow hunters opportunity for a
			 bugling season bull hunt. We never allowed antlerless elk to be harvested
			 during this season because of the possibility of having orphaned calves. Elk
			 calves are old enough to be weaned by mid-October so moving the season to this
			 time frame will allow calves to reach a sufficient weaning age. By December,
			 which has typically been our second hunt, the bugling season opportunities are
			 gone for hunters because the rut is over by then. If we move to this proposed
			 season structure it will allow all elk hunters in Arkansas to enjoy a bugling
			 season hunt. This theory is backed up by fetal back dating data that has been
			 collected from harvested cows since elk hunting began in Arkansas in 1998.
			 There is sufficient data that shows that the majority of the conception takes
			 place the week before the proposed hunt. This proves that there will still be
			 rutting activity during this proposed new season.
18. Creation of the Elk Management Assistance
		  Program (EMAP).
Code:
No code change required.
Justification
This is an action item to be completed by 2014 per the Strategic
			 Elk Management Plan of 2009. This program will take the place of the existing
			 private land elk hunt. This program will be modeled similar to the Deer
			 Management Assistance Program (EMAP). This program will consist of enrolling
			 all private landowners, who want to hunt elk on their property, into the EMAP
			 program. It will be the same type of enrollment process that they are already
			 doing, just with a different name. Modeling the DMAP program, Landowner
			 Assistance Tags (LAT's) will be issued within the existing five county private
			 land zone, and will be valid only on the property in which they were drawn
			 from. Tag numbers will be dependent on the number of acres that a landowner has
			 in 500 acre increments (ex. 0-500 acres will get one bull tag and two cow tags.
			 500-1000 acres will receive one bull tag and three cow tags and so on with a
			 maximum of seven elk per EMAP club). These tags will be issued to the landowner
			 and he can do what he wishes with these tags, give them to a family
			 member/friend or maybe sell access to his property and sell an elk hunt. This
			 allows for a landowner who has elk issues to possibly benefit from those elk
			 being on his property. With the current system a landowner can only draw one
			 tag. This system will allow for landowners to draw additional tags for their
			 benefit. In this program the EMAP clubs will also be required to pull
			 biological data and submit it to the AGFC, currently data recording it is not
			 being required from the private land hunters. This system will give landowners
			 more incentive for having elk on their property.
19. Require that all public land elk
		  applicants have a valid hunting license at the time of the sign up, except
		  youths and lifetime license holders.
Code:
No code change required.
Justification
On many recent public land hunts, several successful applicants
			 have arrived with only a gun, orange vest and hat. Nor do they have a plan for
			 disposition of meat, cooler, sufficient knife, and no plan for retrieval of a
			 harvested animal. In cases such as these, most of the successful hunters would
			 fail to comply with the "wanton waste" stipulations required by our regulations
			 if AGFC staff were not on scene to retrieve and assure proper salvage of meat.
			 AGFC staff also receives many reports of hunters only applying for these
			 permits because they are free. It is also possible for an applicant to draw a
			 tag with no intention of hunting. Public land elk hunts are designed as a
			 management tool to harvest a certain number of animals each year. This
			 management tool is being sacrificed by inexperienced hunters with little or no
			 knowledge of skills required to responsibly harvest, retrieve or care for big
			 game. A hunter with limited big game hunting experience is more likely to wound
			 an animal than a more seasoned hunter would. This will give more license buying
			 sportsman in Arkansas an opportunity to draw a very rare and coveted permit. It
			 will also encourage other people, who wouldn't normally buy a hunting license,
			 to purchase one before they could apply for an elk permit. Once they have
			 purchased a license it may encourage them to hunt other species, not just elk.
			 It should be our objective to attract experienced sportsmen familiar with
			 cleanly harvesting, retrieving and care of big game as we apply this management
			 tool.
20. Have three on-site
		  draw elk permits at the Buffalo River Elk Festival in Jasper. Have one zone 4
		  either sex, and two antlerless permits (one in zone 3 and one in zone 4).
Code:
No code change required.
Justification
This will encourage more participation in the elk festival with
			 application for the on-site permits. Attendance has been down at the festival
			 in the past few years, so this will help bring more people to the area during
			 this weekend. Adding two additional tags will also bring more excitement for
			 those who attend, plus better odds of actually getting drawn for a permit. With
			 more people attending the festival, it will give the AGFC more opportunity to
			 help educate the public about the Arkansas Elk Program.
21. Change the penalty for taking or
		  possessing of elk from a class 1 to a class 2.
Code:
16.01
Justification
This change should deter individuals from illegally taking or
			 possessing elk. Elk are a high value and limited species so additional
			 penalties are valid.
Quail
22. No proposed recommendations.
Squirrel
23. The small game team recommends an
		  increase bag limit from 8 to 12 and possession limit from 32 to 48.
Addenda:
A1.06, C1.07
Justification
The small game team believes that because squirrel populations
			 are boom or bust, our sportsman should have the opportunity to take full
			 advantage of boom years for squirrel. Hunters will only have the ability to
			 harvest a limit of 12 squirrels on boom years. Bust years will self-regulate by
			 there being less squirrels to harvest, creating a lower harvest per hunter and
			 a decrease in effort by hunters. This increase in bag limited will have no
			 impact on the squirrel population in Arkansas. The change in possession limit
			 is only an adjustment based on the bag limit increase to keep the possession
			 limit at four times the bag limit.
Rabbit
24. No proposed recommendations.
Furbearer
25. Remove armadillo from list of nuisance
		  game animals exempted from Depredation Permit requirements.
Code:
05.10
Justification
The inclusion of armadillo in this list is unnecessary since they
			 are non-game mammals which can already be taken when causing property damage
			 according to other parts of this code.
26. Restore language to the definition of
		  endangered species allowing for listing of notice species by the Commission as
		  endangered and add "harass" to the list of activities that cannot be done to
		  endangered species.
Code:
01.00-C
Justification
This will more closely follow the prohibitions in place regarding
			 federally listed endangered species. A definition of harass has been proposed
			 in 01.00-C.
27. Eliminate
		  redundant language regarding weapons legal for take of bobcat, fox, and coyote.
Code:
06.07
Justification
When all weapons restrictions were removed regarding take of
			 bobcat, fox, and coyote, the special language relating to calibers available
			 during big game seasons became redundant.
28. Require that non-native wildlife be kept
		  in humane and healthy conditions.
Code/Addenda:
09.02, F1.01, F1.02, F1.03
Justification
This will provide our officers the ability to ensure that all
			 wildlife pets are kept in humane and healthy conditions.
29. Add species listed as injurious wildlife
		  by the US Fish and Wildlife Service to the list of species prohibited to import
		  into Arkansas.
Code:
09.11
Justification
Under the Lacey Act, the US Fish and Wildlife Service can
			 prohibit interstate movement of species that can be injurious to agriculture,
			 native wildlife, horticulture, and forestry. As this federal restriction is not
			 well known, incorporating this list with other species whose importation into
			 Arkansas is prohibited will help notify the general public of this fact and
			 also prevent the Commission from authorizing something banned by federal
			 law.
30. Restore option for
		  mountain lions to be kept under a Wildlife Breeder/Dealer Permit.
Code:
09.13
Justification
Mountain lions were allowed to be kept under either a Mountain
			 Lion Permit or a Wildlife Breeder/Dealer Permit but during the code revision
			 process the provision allowing them to be kept with a Wildlife Breeder/Dealer
			 Permit was accidentally lost.
31. Require that captive born wildlife pets
		  be kept in cages as secure as that currently required for wild-caught pets.
		  Prohibit future take of wild deer as personal pets. Insert language requiring
		  humane care of wildlife pets.
Code:
09.14
Justification
(A)
(1)
(b) This would prohibit anyone from catching
		  a deer in the wild after July 1, 2012 and keeping it as a personal pet. Those
		  that already have such deer would be allowed to keep them until they die. With
		  the creation of the wildlife rehabilitation system in 2003, those that find
		  deer fawns that have been abandoned or orphaned have the ability to take them
		  to someone that is capable of raising them in a healthy way and preparing them
		  to be returned to the wild. Many people find that trying to maintain deer as
		  pets is more than they bargained for, especially when bucks fully mature and
		  become extremely aggressive. This can lead to people releasing them back to the
		  wild without the proper preparation such as gradually switching them from
		  grains to more natural foods, necessary since the fauna in the deer's rumen
		  need to adapt in order to take full advantage of the new food sources. This
		  provision also makes it difficult to enforce rules regarding captive born deer
		  as there is no way to tell whether a deer came from the wild or was born in
		  captivity and illegally sold or imported.