Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.14-007 - Trout Importation - Stocking Permit Regulations (2014)

Current through Register Vol. 49, No. 6, June, 2024
01.00-C
DEFINITION OF TERMS
PUBLIC WATERS
- Waters that members of the
						public have a legal right to access and use for recreational purposes,
						including all legally navigable waters.
TROUT
- Any members of the Salmonidae family
						including rainbow trout, brown trout, brook trout, lake trout, cutthroat trout,
						salmon, and char.
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, 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 with any other flowing stream or body of water
						that extends beyond the premises of such owner.
26.12
RELEASE OF NATIVE OR NON-NATIVE AQUATIC WILDLIFE
						PROHIBITED
10-02
It is unlawful to release native or non-native aquatic
						wildlife, including their eggs, into the waters of the state without the
						written permission of the Commission.
EXCEPTION:
(1) Aquatic species may be released back into the waters
						from which they were taken.
(2) A person may, while fishing in waters of the state,
						use baitfish as bait in compliance with Code 26.18.
(3) A person who has obtained a valid Trout Stocking
						Permit from the Commission Chief of Fisheries (Addendum V 1.01) may release
						trout and trout eggs into waters of the state in compliance with the terms of
						the permit.
(4) No permit is required for stockings of trout and
						trout eggs into public waters as part of an officially coordinated project of
						the Commission with written authorization from the Chief of Fisheries.
PENALTY: Class 2
27.07
IMPORTATION OF TROUT PROHIBITED
It is unlawful to import live trout, including their
						eggs, into Arkansas without the written permission of the Commission.
EXCEPTION:
(1) A person who has obtained a valid Trout Importation
						Permit from the Commission Chief of Fisheries (Addendum VI. 02) may import live
						trout and trout eggs into Arkansas in compliance with the terms of the permit
						and Code 35.11 (Viral Hemorrhagic Septicemia Virus (VHSV) Fish Importation
						Regulation).
PENALTY: Class 2
ADDENDUM
CHAPTER V
1.00 - TROUT IMPORTATION AND STOCKING PERMIT
			 REQUIREMENTS
V1.01
TROUT STOCKING PERMIT REQUIREMENTS
10-14
(A) Trout Stocking Permits may be issued by the Chief of
						Fisheries to applicants complying with the following requirements:
(1) The applicant must be at least 18 years old and shall
						not have been convicted of (as defined in Code 01.00-C) for violating any
						federal, state or municipal law or regulation governing wildlife or fisheries,
						illegal appropriation or commercialization of wildlife or fisheries, or cruelty
						to animals within five years of the application date;
(2) The applicant must provide satisfactory proof of
						applicant's ownership of the land beneath the waters for which the permit is
						sought;
(3) The applicant shall certify in writing that he/she is
						in compliance with all federal, state, and local laws or regulations and
						possesses all required permits or licenses;
(4) The applicant shall submit a written application
						(available from the Commission) for each stocking to be permitted. Each
						application submitted shall contain the applicant's contact information; a
						general description and the location (including section, township, range,
						county) of the water(s) to be stocked; the proposed stocking date(s); the
						originating facility's contact information; the species, size, and number of
						trout and trout eggs to be stocked; and any other information requested on the
						application form; and
(5) The applicant shall include with the application a
						disease-free certification for the fish farm or other facility from which the
						trout or trout eggs will originate. The certification must have been issued
						under the guidelines set forth by the American Fisheries Society Fish Health
						Blue Book- Procedures for the Detection and Identification of Certain Fish
						Pathogens ("disease-free certification").
(B) The requested permit shall be denied if:
(1) The applicant fails to meet any of the issuance
						criteria set forth in this regulation;
(2) The land beneath the waters for which the permit is
						sought is publicly-owned or such waters constitute navigable or otherwise
						public waters;
(3) The applicant fails to disclose material information
						required, or makes false statements as to any material fact in connection with
						the application, or supplies false information or makes a false statement on
						the application;
(4) The Commission finds, through further inquiry or
						investigation (including the inspection detailed below), that the issuance of
						the permit may be potentially harmful to the fishery resources of the state or
						that the stocking action is inconsistent with the Commission's management
						objectives for the water and the watershed to be stocked;
(5) The Commission's Fisheries Pathologist disapproves
						the disease-free certification submitted by the applicant; or
(6) The trout species for which the permit is requested
						is restricted or prohibited under federal or state law or Commission
						regulation.
(C) Inspection:
(1) The Fisheries Division shall inspect the waters for
						which the permit is
sought before issuance or disapproval of the permit.
						Inspection will be for the purpose of evaluating the public versus private
						nature of the waters, connectivity of the waters, suitability of the waters for
						the trout species proposed to be stocked, biosecurity of the waters and related
						facility (if any), opportunity for escapement of the stocked trout, potential
						impact of trout on aquatic resources, and likelihood of viability for trout
						populations outside of the proposed permitted stocking location. (2) Applicants
						and permittees shall allow agents of the Commission to enter and inspect the
						premises, including books, records or permits required to be kept, and any
						trout, trout eggs, or facilities kept under authority of permit at reasonable
						times upon request by an agent of the Commission.
(D) Permit Requirements:
(1) Permittee must notify the Fisheries Division in
						writing of the actual date of each stocking and provide a current disease-free
						certification at least five (5) business days prior to the stocking
						event.
(2) The stocking permit must be available at the location
						of any stocking.
(3) Within 14 calendar days after each stocking event,
						the permittee must submit a report regarding the event that includes the
						permittee's contact information, the permit number, the waters stocked, the
						location (including section, township, range, county) of the stocking, the
						stocking date, originating facility, the species, size, and number of trout and
						trout eggs stocked.
(E) Reporting and Record-keeping Requirements:
(1) Legible records of all trout and trout egg
						acquisitions and dispositions, including origin, stocking dates, the waters
						stocked, the location (including section, township, range, county) of the
						stocking, and the species, size, and number of trout or trout eggs stocked,
						shall be kept.
(2) Records shall include evidence of legal possession of
						all trout or trout eggs stocked under the permit, including permits, licenses,
						bills of sale, bills of lading, receipts, invoices or other satisfactory
						evidence of ownership. Records shall include date of acquisition, place of
						origin, and the name, address and telephone number of the person from whom the
						trout or trout eggs were acquired.
(3) Records must be retained for five years.
(F) Permit Renewal, Transfer, Suspension And
						Revocation:
(1) Trout Stocking Permits shall expire on December 31
						each year. Permits may be reviewed and renewed following receipt and approval
						by the Chief of Fisheries of a permit renewal application (available from the
						Commission). Permit renewal applications must be submitted to the Chief of
						Fisheries within 60 days of permit expiration.
(2) Trout Stocking Permits are not transferable.
(3) Persons in violation of the terms of this permit,
						Commission Codes, or convicted of violating associated regulations of the U.S.
						Fish and Wildlife Service, shall be notified in writing and shall have 20 days
						to respond with just cause as to why their permit should not be suspended or
						revoked.
(4) If after 20 days just cause has not been given, the
						Commission may suspend or revoke any existing permit held by the violator and
						may refuse to issue future permits. Permit suspension, revocation or refusal
						shall be in addition to any criminal charges that may be filed.
(5) Upon revocation, permit holder must remove by legal
						means all trout and trout eggs within the time designated in the revocation,
						not to exceed 60 days, and failure to do so shall result in the Commission
						taking action, per Commission policy, at the permit holder's expense.
VI .02
TROUT IMPORTATION PERMIT REQUIREMENTS
10-14
(A) Trout Importation Permits may be issued by the Chief
						of Fisheries to applicants complying with the following requirements:
(1) The applicant must be at least 18 years old and shall
						not have been convicted of (as defined in Code 01.00-C) for violating any
						federal, state or municipal law or regulation governing wildlife or fisheries,
						illegal appropriation or commercialization of wildlife or fisheries, or cruelty
						to animals within five years of the application date;
(2) The applicant shall certify in writing that he/she is
						in compliance with all federal, state, and local laws or regulations and
						possesses all required permits or licenses;
(3) The applicant shall submit a written application
						(available from the Commission) for each importation to be permitted. Each
						application submitted shall contain the applicant's contact information; the
						proposed importation date(s); the originating facility's contact information;
						the species, size, and number of trout and trout eggs to be imported; and any
						other information requested on the application form;
(4) The applicant shall include with the application a
						disease-free certification for the fish farm or other facility from which the
						trout or trout eggs will originate. The certification must have been issued
						under the guidelines set forth by the American Fisheries Society Fish Health
						Blue Book- Procedures for the Detection and Identification of Certain Fish
						Pathogens ("disease-free certification"); and
(5) If the trout or trout eggs will originate from a
						VHSV-positive state, the applicant must provide satisfactory proof of
						compliance with Code 35.11.
(B) The requested permit shall be denied if:
(1) The applicant fails to meet any of the issuance
						criteria set forth in this regulation;
(2) The applicant fails to disclose material information
						required, or makes false statements as to any material fact in connection with
						the application, or supplies false information or makes a false statement on
						the application;
(3) The Commission finds, through further inquiry or
						investigation (including the inspection detailed below), that the issuance of
						the permit may be potentially harmful to the fishery resources of the
						state;
(4) The Commission's Fisheries Pathologist disapproves
						the disease-free certification submitted by the applicant; or
(5) The trout species for which the permit is requested
						is restricted or prohibited under federal or state law or Commission
						regulation.
(C) Inspection:
(1) Applicants and permittees shall allow agents of the
						Commission to enter and inspect the premises, including books, records or
						permits required to be kept, and any trout, trout eggs, or facilities kept
						under authority of permit at reasonable times upon request by an agent of the
						Commission.
(D) Permit Requirements:
(1) Permittee must notify the Fisheries Division in
						writing of the actual date of each importation and provide a current
						disease-free certification at least five (5) business days prior to the
						importation event.
(2) The importation permit must accompany the permitted
						trout or trout eggs during importation.
(3) Within 14 calendar days after each importation event,
						the permittee must submit a report regarding the event that includes the
						permittee's contact information, the permit number, the importation date,
						originating facility, the species, size, and number of trout and trout eggs
						imported.
(E) Reporting and Record-keeping Requirements:
(1) Legible records of all trout and trout egg
						acquisitions and dispositions, including origin, importation dates, and the
						species, size, and number of trout or trout eggs imported, shall be
						kept.
(2) Records shall include evidence of legal possession of
						all trout or trout eggs imported under the permit, including permits, licenses,
						bills of sale, bills of lading, receipts, invoices or other satisfactory
						evidence of ownership. Records shall include date of acquisition, place of
						origin, and the name, address and telephone number of the person from whom the
						trout or trout eggs were acquired.
(3) Records must be retained for five years.
(F) Permit Renewal, Transfer, Suspension And
						Revocation:
(1) Trout Importation Permits shall expire on December 31
						each year. Permits may be reviewed and renewed following receipt and approval
						by the Chief of Fisheries of a permit renewal application (available from the
						Commission). Permit renewal applications must be submitted to the Chief of
						Fisheries within 60 days of permit expiration.
(2) Trout Importation Permits are not
						transferable.
(3) Persons in violation of the terms of this permit,
						Commission Codes, or convicted of violating associated regulations of the U.S.
						Fish and Wildlife Service, shall be notified in writing and shall have 20 days
						to respond with just cause as to why their permit should not be suspended or
						revoked.
(4) If after 20 days just cause has not been given, the
						Commission may suspend or revoke any existing permit held by the violator and
						may refuse to issue future permits. Permit suspension, revocation or refusal
						shall be in addition to any criminal charges that may be filed.
(5) Upon revocation, permit holder must remove by legal
						means all trout and trout eggs within the time designated in the revocation,
						not to exceed 60 days, and failure to do so shall result in the Commission
						taking action, per Commission policy, at the permit holder's expense.