Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.16-002 - 2016-2017 Chronic Wasting Disease Regulations

Current through Register Vol. 49, No. 6, June, 2024
01.00-C
DEFINITION OF TERMS
For the purposes of the Arkansas State Game and Fish Code of
			 Regulations, the following terms shall be construed, respectively, to mean and
			 include:
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 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
			 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 DEER
- A doe or a buck having less than 2
			 inches of hardened bone antler.
ANTLERLESS
ELK - Any elk (male or
			 female) not meeting requirements to be a legal bull elk.
AQUACULTURE
			 SPECIES
- Any species listed on the Approved Aquaculture Species List
			 (
Addendum J 1.00
) and species not listed but allowed
			 under Unlisted or Restricted Species Possession Permits.
AQUATIC WILDLIFE
- All aquatic species, including
			 aquatic snails, aquatic turtles, crayfish (crawfish and crawdads), fish
			 (including minnows), frogs, mussels and salamanders.
ARKANSAS RIVER
			 BOUNDARY (Sportfishing Only)
- The Arkansas Post Canal from
Norrell
Lock and Dam No. 1 to the Arkansas River and
			 the Arkansas River from
Wilbur D. Mills
Dam No. 2
			 upstream to the Oklahoma state line, including all lakes, bays and tributary
			 streams accessible by boat from the main channel except:
* Big Bayou Meto upstream from Arkansas Highway 11;
* Plum Bayou upstream from U.S. Highway 79;
* Little Maumelle River upstream from Pinnacle Mountain State
			 Park;
* Maumelle River upstream from Lake Maumelle Dam;
* Fourche LaFave upstream from Arkansas Highway 113;
* Palarm Creek upstream from Interstate 40;
* Cadron Creek upstream from the weir;
* Point Remove Creek upstream from Arkansas Highway 113;
* Petit Jean River upstream from Pontoon Boat Ramp at Arkansas
			 Highway 154;
* Illinois Bayou upstream from Russellville Waterworks
			 Dam;
* Big Piney and Little Piney creeks upstream from Arkansas
			 Highway 359;
* Horsehead Creek upstream from Interstate 40;
* Mulberry River upstream from Interstate 40;
* Frog Bayou upstream from Arkansas Highway 162 and Lee Creek
			 upstream from Lee Creek Dam,
* And from the first non-navigable shoal for streams entering the
			 Arkansas
River along the right bank descending from the Oklahoma state
			 line to Lake Dardanelle Dam.
ARTIFICIAL LURE OR FLY
- Terminal fishing tackle
			 made entirely of rubber, wood, metal,
glass, feathers, hair, synthetic fibers or plastic, with hook
			 attached.
BAITFISH
- Minnows, logperch, gizzard and threadfin
			 shad, gar (other than alligator gar),
bullhead catfish, crayfish, drum, bowfin under 6 inches, skipjack
			 herring, brook and inland silversides, bigmouth, smallmouth and black buffalo,
			 river carpsucker, banded and Ozark sculpin,
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 attractant for
			 wildlife to, on or over any areas where hunters are attempting to take
			 them.
BIG GAME
- Alligator, black 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
(Code
			 30.11)
.
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 offish
(Code
			 34.07)
.
BREAM
- A species of the genus Lepomis, including
			 bluegill, redear, warmouth and other sunfish.
BUCK
- A male deer (see LEGAL BUCK
			 definition).
BUCK DEER SEASON
- A deer season in which no deer
			 other than legal buck deer may be taken.
BUY
- To purchase, barter, exchange or trade,
			 including 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 to hold a
			 firearm which completely encloses the firearm by being zipped, snapped,
			 buckled, tied or otherwise fastened with no portion of the firearm
			 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 including
			 without limitation deer, reindeer, moose,
elk and caribou.
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 hunting such game animals or wildlife.
CHECKING WILDLIFE
- The reporting of specific
			 information to the Commission concerning harvest of alligator, bear, deer, elk
			 and turkey by one of the following methods: phoning a designated number to
			 report bear, deer or turkey harvests, electronically through the Commission's
			 on-line deer and turkey checking Web site or mobile applications, and in person
			 to report harvest of elk and alligator at a designated check station.
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.
CITES TAG
- a permit that allows shipping of certain
			 animal pelts outside the State of Arkansas and assures compliance with the
			 Convention on the International Trade of Endangered Species.
CLEAN
- Having no meat matter or tissue attached to
			 the carcass.
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
			 Arkansas.
COMMERCIAL FISH
- Bowfin (over 6 inches),
			 paddlefish, shovelnose, sturgeon, and all species of buffalo, catfish, carp,
			 drum, gar, and sucker family (except silver redhorse).
COMMERCIAL FISHERMAN
- Any person who fishes with
			 tackle designated as commercial tackle requiring a license and/or tag issued by
			 the Commission.
COMMERCIAL TACKLE
- Properly licensed tackle used to
			 catch aquatic wildlife for commercial purposes.
COMMERCIAL WILDLIFE HUNTING RESORT
- A facility,
			 location, business, or operation that offers, for pay or other consideration,
			 an opportunity to hunt native wildlife, other than pen-raised game birds, held
			 in captivity. Includes all contiguous land, and structures, other
			 appurtenances, and improvements on the land, used for the hunting
			 activities.
COMMERCIAL WILDLIFE PERMIT
- Any or all of the
			 following permits: Alligator
Farmer/Dealer, Alligator Snapping Turtle Breeder/Dealer, Resident
			 Shell Taker and Seller, Shell Buyer, Non-Resident Shell Buyer, Resident Roe
			 Taker/Seller, Resident Roe Buyer/Exporter, Non-Resident Roe Buyer, Resident Fur
			 Dealer, Non-Resident Fur Dealer, Special Commercial Quail, Game Bird Shooting
			 Resort, Commercial Wildlife Hunting Resort, Wildlife Breeder/Dealer and
			 Wildlife Importation.
COMMISSION
- The Arkansas State Game and Fish
			 Commission, unless otherwise designated.
DEFERRED HUNTER EDUCATION (DHE)
- Designates a
			 holder of a valid Arkansas hunting license/permit who has deferred completion
			 of the hunter education program.
DISABLED
- Any individual who is 100 percent
			 permanently and totally disabled as declared by one or more of the following
			 federal agencies: the U.S. Social Security Administration, the U.S.
Department of Veteran's Affairs or the U.S. Railroad Retirement
			 Board.
DOE
- A female deer.
DISABLED VETERAN:
(a) any individual whom the United States
		  Department of Veterans Affairs (VA) has rated 100% permanently and totally
		  disabled as a result of his or her U.S. military service;
(b) any individual whom the VA has rated
		  permanently disabled as a result of his or her U.S. military service and who
		  received the Purple Heart medal as a result of his or her service-connected
		  disability.
DOE DEER SEASON
- A deer season in which a doe may
			 be taken.
DROWNING SET
- Any leg-hold trap that uses one or
			 more of the following techniques to retain the target animal in water of
			 suitable depth for drowning: a slide wire with lock, a tangle stake or a
			 drowning weight.
DUCKS
(includes the following species) - All species
			 of teal, merganser, whistling duck and scaup; American wigeon, American black
			 duck, bufflehead, canvasback, gadwall, common goldeneye, mallard, mottled duck,
			 northern shoveler, redhead, ring-necked duck, ruddy duck,
northern pintail and wood duck.
EDIBLE PORTIONS
- portions of the following animals
			 are considered edible as stated below:
(a)
Game Mammals:
front
		  quarters, hind quarters, loins and tenderloins.
(b)
Game Fish:
fillets
		  offish.
(c)
Game Birds:
breasts.
(d)
Frogs:
hind legs.
(e)
Alligators:
tails, legs, flanks, loins and tenderloins.
EITHER-SEX - A male or a female.
EITHER-SEX DEER SEASON - A deer season in which a doe or a legal
			 buck may be taken.
EMERGENCY CONDITION - Any condition involving:
(a) imminent peril to the health, safety, or
		  welfare of the public or the wildlife resources of the State; or
(b) immediate action mandated by federal law
		  or regulation.
ENCLOSE - To surround wildlife 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 - A wildlife species or subspecies endangered
			 or threatened with extinction listed, or proposed as a candidate for listing,
			 by the U.S. Fish and Wildlife Service or any native species or subspecies
			 listed as endangered by the Commission
(Addendum
			 P1.00)
.
FALCONRY - The caring for and training of raptors for pursuit of
			 wild game, and hunting wild game with raptors. It includes the taking of
			 raptors from the wild to use in the sport and caring for training and
			 transporting raptors held for falconry.
FEDERAL WATERS - Waters designated by federal law as federally
			 controlled or under the jurisdiction of a department or agency of the United
			 States Government.
FEE LAKE - A lake in which there is a fee for fishing rights. All
			 persons 16 years of age and older must possess an Arkansas fishing license.
			 Daily limits apply.
FEEDING WILDLIFE-The direct or indirect placing, exposing,
			 depositing, distributing or scattering of salt, grain or other feed that serves
			 or could serve as a lure, attractant, or supplemental food source for
			 wildlife.
FERAL HOG - Any hog, including but not limited to Russian and
			 European wild boar, any Old
World swine, or the family Tayassuidae, including without
			 limitation peccary, javelin, and New
World swine, which is roaming freely and is living in a wild or
			 feral state, and is not conspicuously identified as required under §§
										2-34-101 and
			 §§
										2-34-102.
FIREARM - Any device designed, made, or adapted to expel a
			 projectile through a barrel,
including without limitation modern guns, air guns and
			 muzzleloaders (see LOADED FIREARM).
FISH OR FISHING - To lure, attract, collect or pursue fish
			 species or aquatic wildlife for the purpose of taking or attempting to take
			 such species by any method.
FISH DEALER - Any person who sells live fish, including
			 baitfish.
FISH FARM - Waters and adjacent premises confined within a pond,
			 tank or lake not connected with public waters, and under management of a fish
			 farmer.
FISH FARMER (AQUACULTURIST) - A person, firm, partnership or
			 corporation engaged in the propagation or rearing of aquaculture species for
			 sale.
FREEFLOATING FISHING DEVICE - A 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, striped skunk and
			 weasel.
GAFF - To take or attempt to take fish with a hand- held or
			 handled hook.
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 -A facility, location, business, or
			 operation that offers, for pay or other consideration, an opportunity to hunt
			 captive-raised game birds. Includes all contiguous land, and structures, other
			 appurtenances, and improvements on the land, used for the hunting
			 activities.
GAME BIRDS - Turkey, quail, pheasant, chukar Eurasian collared
			 dove 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, hybrid striped bass, crappie, catfish, trout, bream, goggle-eye,
			 walleye, muskellunge, sauger, saugeye, paddlefish and pickerel.
GEOCACHE - Items in a container (cache) placed or hidden for
			 individuals to subsequently find using a Global Positioning System (GPS)
			 receiver.
GEOCACHING - An outdoor sport, similar to "high-tech treasure
			 hunting," involving use of a Global Positioning System (GPS) receiver to find a
			 cache.
GUIDE
- A 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.
HACKING - The temporary release of a raptor held for falconry to
			 the wild so that it must survive on its own.
HARASS
- An intentional or negligent act which
			 creates the likelihood of injury to wildlife by annoying it to such an extent
			 as to significantly disrupt normal behavioral pattern which include but are not
			 limited to, breeding, feeding, or sheltering.
HAZARDOUS WAKE
- Wash or wake upon an approaching,
			 passing or stationary vessel, including but not limited to a wake that causes
			 other vessels to take on water, or a wash or wake that is sufficient to toss
			 occupants of other vessels about in a manner to cause injury or the risk of
			 injury.
HARVEST/HARVESTING - To reduce to possession.
HEN TURKEY - Female turkey with or without a beard.
HIGH-FENCE ENCLOSURE
- An enclosure that contains
			 an area of at least 500 contiguous acres, with at least 60 percent 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 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 60 percent of the acreage in forested cover
			 as herein provided.
HOGGING
- The taking offish by the use of hands only
			 in or under the water.
HUNT OR HUNTING - Taking or attempting to take wildlife by any
			 method including but not limited to searching, pursuing, chasing, tracking,
			 luring, or attracting.
HUNTING INCIDENT
- When bodily injury above basic
			 first aid or death occurs due to an activity directly related to a hunting
			 excursion in the field. Examples of such activities would include discharge of
			 a firearm, bow, or crossbow and falls from an elevated platform (tree
			 stand,
tower stand, or elevated duck blind).
HUNTING PARTY
- Two or more persons hunting
			 together.
HYBIRD RAPTORS
- A raptor produced from a
			 cross-breeding birds of two different taxa, one or both of which are listed in
			 50 CFR
			 10.13, and any offspring of such
			 raptors.
IMPORT OR IMPORTATION
- To ship, convey, carry,
			 transport, bring or introduce into
Arkansas anything from outside its borders.
IMPRINT
- A bird that is hand-raised in isolation
			 from other raptors from two weeks of age until it has fledged and will be
			 considered to be an imprinted bird for its entire life.
JAKE - Sub-adult male turkey having all these characteristics:
			 longer central tail feathers,
outermost one or two wing feathers lacking white barring all the
			 way to the tip and a beard 6
inches or less in length.
KILLING DEVICE
- Any firearm, bow and arrow,
			 crossbow, compressed gas or spring-powered pistol or rifle, blowgun, speargun,
			 hand-thrown spear, slingshot, irritant gas device, explosive device, or any
			 other implement designed to discharge a projectile capable of killing
			 wildlife.
LARGE CARNIVORE
-
Tigers {Panthera tigris),
			 African Lions (Panthera led),
or any hybrid thereof and all species of
			 bears.
LEGAL
BUCK - A male deer may be considered legal
			 under the following rules as applied by this Code:
(a)
Antlered Buck:
A male deer
		  with two inches, or more, of hardened bone antler.
(b)
Buck of Choice:
A male
		  deer.
(c)
Button Buck:
A male deer with less than 2 inches of hardened boned antler.
(d)
Three-point Rule:
A male
		  deer having both antlers under two inches (including button buck) or at least
		  one antler with at least three points, each a minimum of one inch long,
		  including the tip of the main beam. (
Code
		  21.03
).
(e)
12/15 Rule:
1) A male deer
		  having both antlers under two inches (including button buck) or
2) a male deer having an inside spread of at
		  least 12 inches or more in width,
3)
		  a male deer having at least one main beam 15 inches or more in length
		  (
Code 21.03
).
(f)
15/18 Rule:
1) A male deer having both antlers under two
		  inches (including button buck) or
2) a male deer having an inside spread of at
		  least 15 inches or more in width
3)
		  a male deer having at least one main beam 18 inches or more in length
		  (
Code 21.03
).
(g)
WMA Special Restrictions:
Special restrictions may apply on certain WMAs (
Code
		  21.03)
.
LEGAL BULL ELK
- An elk having at least one antler
			 visible above the hair line.
LEGAL TURKEY
- A turkey may be considered legal
			 under the following rules as applied by this Code:
(a) Hunters 16 years and older a legal turkey
		  is an adult gobbler or bearded hen.
(b) Hunters 6 to 15 years of age is an adult
		  gobbler, bearded hen or jake.
LENGTH LIMITS -
(a)
Minimum Length Limit:
The
		  shortest length of a fish of a designated species that can be kept.
(b)
Maximum Length Limit:
The
		  maximum length of a fish of a designated species that can be kept.
(c)
Protected Length:
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, on its side. All fish not meeting
		  the length limit requirements for a particular water or species must be
		  immediately released into the water where caught.
LIMITS -
(a)
Daily Limit:
the maximum
		  number of a species allowed to be taken during a specific 24-hour time period
		  (midnight to midnight, unless otherwise specified).
(b)
Seasonal Limit:
the maximum
		  number of a species allowed to be taken during a specific season.
(c)
Possession Limit:
the
		  maximum number of species allowed to be possessed at any time. Any fish or
		  wildlife, excluding migratory game birds, legally taken for personal
		  consumption and stored in processed form within a residence of the possessor
		  shall not count toward the possession limit.
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 as referenced in State Law, or
			 discarded game animal carcasses.
LOADED FIREARMS
- Firearms are considered loaded if
			 shells or cartridges are in the chamber, magazine or cylinder. Percussion cap
			 muzzleloading firearms are considered loaded if the percussion cap is on the
			 nipple. Flintlock muzzleloading firearms are considered loaded if there is
			 powder in the flashpan. Electronic pulse ignition muzzleloaders are considered
			 loaded if the ignition circuit is charged.
MIGRATORY BIRDS
- All birds protected by the Federal
			 Migratory Bird Treaty Act of 1918
and subsequent amendments.
MIGRATORY GAME BIRDS
- Coots, crows, doves, Eurasian
			 collared dove, ducks, gallinules or moorhens, geese, rails, snipe and
			 woodcock.
MILITARY RETIREE
- Any individual at least 60 years
			 old who is entitled to retired pay as a result of his or her United States
			 military service.
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 Arkansas.
NIGHT
- The time period 30 minutes after sunset to
			 30 minutes before sunrise.
NOODLING
- The taking offish 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, game birds and game fish.
NON-NATIVE WILDLIFE
- Any wildlife not defined as
			 native wildlife.
NONRESIDENT
- A person not defined as a
			 resident.
NUISANCE WILDLIFE
- Any wildlife creating a problem
			 by committing damage to personal property or crops.
OPEN SEASON
- A time frame established by the
			 Commission during which a designated species may be lawfully taken.
PEN-RAISED QUAIL
- Quail raised or hatched in
			 captivity.
PERSON
- Any individual, firm, corporation,
			 association, partnership or other legal entity in singular or plural as the
			 context requires. All pronouns shall include the masculine, feminine and
			 neuter.
PORTABLE HUNTING STAND
- Any device or structure
			 used for the purpose of hunting that can be carried in its entirety by one
			 person at one time including but not limited to tripod stands, lean-to stands,
			 lock-on stands, ladder stands, and climbing stands (Box stands are not portable
			 hunting stands).
PORTABLE POP-UP BLIND
- A structure used to conceal
			 a person that can be collapsed and carried in its entirety by one
			 person.
POSSESS OR POSSESSION
- Having or holding wildlife,
			 or any property in one's power; the exercise of dominion over property.
			 Possession includes actual possession (physical occupancy or control over
			 property) and constructive possession (control or dominion over property
			 without actual possession or custody of the property).
PRIMATE
- A live individual animal of the taxonomic
			 order Primates, excluding humans.
PROPAGATE OR PROPAGATION
- To allow plants or
			 animals to breed or multiply.
PUBLIC ROAD
- The traveled portion and the shoulders
			 on each side of any road maintained for public travel by a city, county, state,
			 or federal government and includes all structures within the limits of the
			 right-of-way of any such road.
PUBLIC WATERS
- Waters that members of the public
			 have a legal right to access and use for recreational purposes, including all
			 legally navigable waters.
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 offish is imposed.
RAPTOR
- Migratory bird of the Order Falconiformes,
			 Accipitriformes or the Order
Strigiformes.
REAR OR REARING
- To maintain plants or animals to
			 increase their size or development.
REHABILITATION
- 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.
RESIDENCE
- Any dwelling such as a house,
			 manufactured home, or apartment that is permanently fixed in place and is
			 owned, leased, or rented fully or in part by an individual. This term does not
			 include tents; temporary lodging or rental units such as hotels, motels,
			 resorts, or commercial campgrounds; recreational vehicles; mobile travel
			 trailers; or, motor vehicles.
RESIDENT
-
(a) A person who physically inhabits a bona
		  fide residence in Arkansas for at least 60 days and declares full-time
		  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 he lives out of state. Additional facts considered in establishing proof of
		  current Arkansas residency are:
(i) Possession
		  of a valid Arkansas driver's license or Arkansas identification card.
(ii) Possession of a valid Arkansas vehicle
		  registration in his name and display of current
Arkansas license tags on his vehicle.
(iii) Other documentation may be
		  considered.
(b) The
		  following persons are considered residents for purposes of this Code:
(i) Residents of Arkansas enrolled as
		  full-time students in colleges and universities outside of
Arkansas.
(ii) Nonresidents enrolled as full-time
		  students in colleges and universities in Arkansas.
(iii) Nonresident foreign exchange students
		  attending school in Arkansas.
(iv)
		  Resident foreign exchange students attending school outside of
		  Arkansas.
(v) Active-duty military
		  personnel assigned to duty stations in Arkansas.
(vi) Active-duty military personnel who were
		  Arkansas residents at the time of entering service, regardless of where
		  currently stationed.
(vii) Members
		  of the National Guard who are assigned to an Arkansas Guard Unit.
(c) Proof of at least one year
		  residency must be provided when applying for the following licenses/permits:
Special Guide, Alligator Farmer/Dealer, Alligator Snapping Turtle
			 Breeder/Dealer, Commercial Fisherman's and Sportfishing, Commercial Fisherman's
			 Helper, Junior/Senior Commercial Fishing, Resident Shell Taker/Seller, Shell
			 Taker Helper, Shell Buyer, Resident Fish Dealer, Resident Roe Taker/Seller,
			 Resident Roe Taker Helper and Resident Roe Buyer/Exporter. Non-Expiring
			 Lifetime Resident Hunting and Fishing License and Sportsman's Permit.
(d) 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), drum and yellow bass.
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 DECOY
- Any electric,
			 mechanically-operated, wind-powered, or manually-powered apparatus or device
			 that simulates wing movement, including any device that spins one or more
			 fixed- or stationary-winged decoys around a central axis.
SMALL GAME
- Furbearers, migratory game birds, quail, rabbit and squirrel.
SNAG
- to take 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 for definition.
TACKLE
- An apparatus or device used to take wildlife.
TAKE
- To shoot, kill, injure, trap, net, snare,
			 spear, catch, capture or reduce to possession.
TAXIDERMY
- The art of preparing, stuffing and/or
			 mounting wildlife and parts thereof.
TRAP OR TRAPPING
- A device to catch and hold
			 wildlife.
TROUT
- Any members of the Salmonidae family
			 including rainbow trout, brown trout, brook trout, lake trout, cutthroat trout,
			 salmon and char.
VESSEL
- Every description of watercraft, other than
			 a seaplane on the water, used or capable of being used as a means of
			 transportation, including motorboats and personal watercraft.
WATERFOWL
- All species of coots, ducks, geese and
			 swans.
WATERS OF THE STATE
- All streams, lakes, ponds,
			 sloughs, bayous, marshes or any other waters either permanent or intermittent
			 located wholly or partially within Arkansas. Provided,
however, "waters of the state" shall not include pay lakes and
			 fish farms or any waters that are confined within a pond, tank, or lake,
			 situated entirely on the premises of a single private owner and which, except
			 under abnormal flood conditions, are not connected withany of other flowing
			 stream or body of water that extends beyond the premises of such owner.
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. Aquatic wildlife includes all
			 aquatic species, including aquatic snails, aquatic turtles, crayfish (crawdads
			 and crayfish), fish
(including minnows), frogs, mussels and salamanders.
WILDLIFE CHECK METHODS
- The following are the
			 official wildlife check methods:
(a) a
		  designated elk check station;
(b)
		  the Commission on-line deer and turkey checking Web site and mobile
		  applications;
(c) a designated
		  alligator check station; and,
(d)
		  the designated bear checking telephone number or the designated deer and turkey
		  checking telephone number.
WILDLIFE MANAGEMENT AREA (WMA)
- Designated areas
			 owned or controlled by the Commission and distinguished by certain markers and
			 considered a separate zone with regard to wildlife regulations including:
			 wildlife management area (WMA), waterfowl rest area (WRA), wildlife
			 demonstration area (WDA), special use area (SUA) and state park-conservation
			 area (SP-CA).
YOUTH
-
(a)
		  for sections of this Code pertaining to big game, "youth" means any individual
		  not less than 6 years old or more than 15 years old.
(b) for all other sections of this Code,
		  "youth" means an individual less than 16 years of age.
ZONE
- An area defined by the Commission where
			 hunting and/or fishing activities are regulated.
05.17 ALLIGATOR, BEAR, DEER AND TURKEY
		  TAGGING REQUIREMENTS
(A) Immediately after
		  harvesting a deer or turkey, and before moving the animal, each hunter must
		  remove the appropriate deer or turkey tag from the hunter's license and legibly
		  fill out (in ink) the tag with all required information. The original tag must
		  be securely fastened to the antler or ear of a deer, or to the leg of a turkey.
		  SPECIAL NOTE: The original tag must remain as attached to the deer or turkey.
		  Duplicate harvest information reflecting the name, address, species, sex, date
		  taken and check confirmation number must remain with all other portions (if the
		  head of the deer or leg of a turkey is removed) until reaching the point of
		  final storage, including while the deer or turkey is in transit.
(B) Immediately after harvesting a bear and
		  before moving it, each hunter must legibly fill out (in ink) a game tag
		  provided in the current Arkansas Hunting Guidebook, or use a piece of paper to
		  make a tag, and legibly print (in ink) hunter's name, date, WMA or zone number
		  and time of harvest. The tag must be securely fastened to the leg or ear of the
		  bear.
(C) Immediately after
		  harvesting an alligator and before moving it, each hunter must attach a
		  Temporary Alligator Possession Tag to its leg.
(D) All youth hunters, 65+ lifetime hunting
		  license holders, disability hunting license holders, holders of any permanent
		  license issued by the Commission and those hunting under the Reciprocal Hunting
		  License Agreement must legibly fill out (in ink) a game tag provided in the
		  current Commission guidebook, or use a piece of paper to make a tag and legibly
		  print (in ink) hunter's name, date, WMA or zone number and time of harvest. The
		  tag must be securely fastened to the antler or ear of a deer, or to the leg of
		  a turkey.
(E) Bonus deer with the
		  Deer Management Assistance Program Management tags, Private Land CWD Management
		  Tags, and special urban deer hunt tags, in accordance with Section A shall be
		  used instead of license tags where applicable.
PENALTY: Class 2
05.18
BIG GAME CHECKING
		  REQUIREMENTS
(A) Upon harvesting each
		  alligator, deer, turkey, bear, or elk hunters must check the game through a
		  Commission approved checking method. The hunter shall provide accurate
		  information to the Commission when checking game. Evidence of an animal's sex
		  must remain attached to the animal until checked. Game may be field dressed
		  and/or quartered to aid in the removal from the field but the head must remain
		  within arm's length (close proximity) of all four quarters until checked. After
		  checking duplicate harvest information reflecting the name, address, species,
		  sex, date taken, and check confirmation number must remain with all other
		  portions (if the head of the deer or leg of the turkey is removed) until
		  reaching the point of final storage, including while the deer or turkey is in
		  transit. No big game animal may be transported across state lines before being
		  properly checked unless normal travel routes require said hunter to cross a
		  state line in direct route to check the animal.
(B) Hunters must check each deer or turkey
		  within 24 hours of harvest through a Commission-approved checking
		  method.
(C) Hunters must check each
		  alligator within 12 hours of harvest by contacting the Commission and following
		  all permit requirements furnished by the Commission before the hunt.
(D) Hunters must check each elk within 12
		  hours of harvest by presenting the elk's head at a designated elk check station
		  or to a designated AGFC employee. During this checking process hunters are
		  required to allow collection of viable samples from the elk's head for Chronic
		  Wasting Disease testing.
(E)
		  Hunters are required to submit a premolar from the harvested bear within seven
		  days of harvest to the Wildlife Management Division.
05.26
IMPORTATION AND MOVEMENT OF
		  CERVID CARCASSES, PARTS AND PRODUCTS PROHIBITED
It is unlawful to import, transport or possess in Arkansas any
			 portion of a cervid carcass originating from any area outside the boundaries of
			 Arkansas. It is unlawful to transport or possess outside the CWD
Management Zone (El. 13) any porting of acervid carcass
			 originating from within the CWD Management Zone.
EXCEPTIONS:
(1) Antlers,
		  antlers attached to cleaned skull plates, or cleaned skulls where no tissue is
		  attached to the skull.
(2) Cleaned
		  teeth.
(3) Finished taxidermy and
		  antler products.
(4) Hides and
		  tanned products.
(5) Land located
		  between the Mississippi River levees in neighboring states of Tennessee and
		  Mississippi (Addenda HI.01 and HI.03).
(6) Boneless meat.
PENALTY: Class
		  1
05.40
USE OF NATURAL CERVID URINE OR OTHER BIO FLUIDS PROHIBITED
06-16 Effective January 1, 2017, it is unlawful, while hunting,
			 taking or attempting to take, attracting, or scouting any wildlife in Arkansas,
			 to possess or use any substance or material that contains or purports to
			 contain biofluid from a deer or other cervid, including feces, urine, blood,
			 gland oil, or other bodily fluid..
PENALTY:
Class
			 1
07.06
BAITING AND
		  FEEDING PROHIBITED INSIDE THE CWD MANAGEMENT ZONE
It is unlawful to place or deposit foodstuffs, scents lures,
			 grains, minerals, pelletized feed, or other materials for the purpose of
			 hunting, attracting or enticing wildlife for any reason inside the CWD
			 management zone.
EXCEPTION:
The following are not prohibited under this
			 code:
1. Hunting
		  deer with the use of bait on private land September 1-December31 (15.00, A1.01,
		  E1.01).
2. Hunting elk with the use
		  of bait on private land September 1-December31 (16.00, A1.09, E1.05).
3. Baiting bear on private land in Bear Zones
		  1, 2, 5 and 5A, 30 days before the opening day of the first bear season until
		  the last day of the last bear season in each respective bear zone
		  (
Code 07.03)
with the following bait only prior to
		  September 1: dog food, cat food, pastries/bread, cooking oils, non-wildlife
		  meat scraps, popped-popcorn, cooking grease, and fish or fish byproducts; after
		  September 1, there are no restrictions on bear bait type.
4. Trapping or hunting furbearers with the
		  use of bait during open furbearer trapping seasons and during open furbearer
		  hunting seasons on private land (A1.00, CI.00).
5. Hunting quail with the use of bait on
		  private land from the first day of quail season through December 31 (A
		  1.03)
6. Control of nuisance
		  wildlife in accordance with Code 5.10
7. Bait used for fishing
8. Incidental feeding of wildlife within
		  active livestock operations
9.
		  Attracting or feeding birds or squirrels with common bird and squirrel feeders,
		  bird baths or grain completely submerged in water
10. Hand feeding of wildlife, except
		  alligators, (ex. ducks at community pond), provided a reasonable attempt is
		  made to clean up left-over or spilled foodstuffs
11. Crops planted as food plots for
		  wildlife,
12. Normal agricultural,
		  gardening or soil stabilization practices,
13. Bait and material placed for the purpose
		  of AGFC-approved (by the Chief of Wildlife Management) management, research or
		  control of wildlife
PENALTY: Class 2
11.02
SPECIAL YOUTH MODERN GUN DEER
		  HUNT RESTRICTIONS
It is unlawful other than a youth six to 15 years of age to hunt
			 deer during the special youth modern gun deer hunt (
Addendum
			 A1.01
). During these hunts either sex may be taken. A doe may be
			 taken without a WMA doe quota permit during designated youth deer hunts only.
			 These are not bonus deer and will count toward the seasonal bag limit
			 (
Codes 15.01
;
21.02
;
21.03
).
EXCEPTIONS:
(1) WMAs requiring a WMA deer hunt permit are
		  closed to the special youth modern gun deer hunt (
Codes
		  06.03
;
21.02
).
(2) In compliance with applicable
		  regulations, hunters six to 15 years of age may harvest deer using archery
		  tackle during archery and crossbow season (
Addendum A 1.01
		  A)
.
(3) In compliance
		  with
Addendum C1.01
.
(4) Commission-registered deer camps that
		  participate in the Deer Management Assistance Program (DMAP) and receive deer
		  management tags.
(5) Private Land
		  CWD Management Tags.
PENALTY: Class 1
15.01
LEGAL BUCK DEER
		  REQUIREMENTS
It is unlawful to hunt or possess any buck deer other than a
			 legal buck (Code 01.00C Legal Buck).
EXCEPTIONS:
(1) Deer carcasses and parts legally
		  harvested outside the state and accompanied by verification (
Code
		  05.26)
.
(2) In
		  compliance with
Chapter 09.00
.
(3) Youths may take any buck.
(4) On certain WMAs (
Code
		  21.03
).
(5) Bucks
		  taken with the Deer Management Assistance Program Management buck
		  tags.
(6) Bucks taken by hunters
		  utilizing the Unrestricted Weapons Antlerless tags.
(7) Bucks taken by hunters using archery
		  equipment during the Antlerless Only Modern Gun Hunt.
(8) Private Land CWD Management Tags.
PENALTY: Class 1
15.02
HUNTING DOE DEER
		  PROHIBITED
It is unlawful to hunt or possess doe deer.
EXCEPTIONS:
(1) A doe
		  legally taken in a zone or area declared open to doe harvest by the Commission
		  (
Addendum A1.01)
.
(2) Deer carcasses and parts legally
		  harvested outside the state and accompanied by legal verification required by
		  state of origin (
Code 05.26
).
(3) In compliance with
Chapter
		  09.00
.
(4) Commission
		  registered deer camps that participate in the Deer Management Assistance
		  Program Management receiving doe deer permits.
(5) Private Land CWD Management Tags.
PENALTY: Class 1