Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Division 01 - Legal Division › Rule 002.01.22-115 - 01.00-C Definition of Terms

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				orders in conflict with the regulations in this Code Book are hereby repealed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-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:
ACTIVE DUTY MILITARY
- Members of active duty,
				including members of the National Guard and Reserves on active duty (other than
				for training), may participate.
ADULT GOBBLER
- Male turkeys having at least 1 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 6 inches in length.
AGFC LICENSE SYSTEM
-The point-of-sale system that
				the Commission uses to sell and dispense Commission-issued licenses, permits,
				stamps, tags, and other privileges to the public.
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 Chapter J1.00) 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, spotted sucker, black
				redhorse, golden redhorse, 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 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 of fish (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 accurate and complete
				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, or electronically
				through the Commission's online deer, bear, elk, alligator, and turkey checking
				web site or mobile applications.
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 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, 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.
CONSERVATION CARD
- A physical card that the
				Commission issues to a person and that is linked to that person's AGFC
				licenses, permits, stamps, and tags. Before engaging in an activity requiring
				an AGFC license, permit, stamp, or tag, the cardholder must purchase and verify
				issuance and valid expiration date of all required AGFC licenses, permits,
				stamps, and tags via
www.agfc.com
or
				1-800-364 -GAME. The card itself is not a license and conveys no independent
				right or privilege beyond the extent of any license, permit, stamp, or tag that
				has been linked to the card by purchase and has not been suspended, revoked, or
				expired.
DEER MANAGEMENT ASSISTANCE PROGRAM
- An AGFC
				program that provides education and technical assistance to private landowners,
				clubs, leases, government agencies, corporations, municipalities and other land
				managers interested in managing deer populations.
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% 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.
DISABLED VETERAN
- Any individual who is a resident
				of Arkansas and a military veteran, who has been determined by the United
				States Department of Veterans Affairs (VA) to have a:
A. 100% total and permanent service-connected disability rating
				(applies to licenses VLF, VLH, VLC, VLD, and VLT in Addendum D1.01); or
B. 70%or higher service-connected disability rating (applies to
				license VLL in Addendum D1.01); or C. 50%or higher service-connected disability
				rating and is a recipient of the Purple Heart medal (applies to license VLL in
				Addendum D1.01).
DOE
- A female deer.
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
- All species of teal, merganser, whistling
				duck, 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 of fish.
C.
Game Birds:
breasts.
D.
Frogs
: hind legs.
E.
Alligators:
tails, legs, flanks, loins, and
				tenderloins.
ELECTRIC BICYCLE
- A bicycle equipped with fully
				operable pedals and an electric motor of less than seven hundred fifty watts
				(750 W) that meets one of the following classifications:
* "Class 1 electric bicycle" means an electric bicycle equipped
				with a motor that provides assistance only when the operator is pedaling and
				that ceases to provide assistance when the electric bicycle reaches the speed
				of twenty miles per hour (20 m.p.h.).
* "Class 2 electric bicycle" means an electric bicycle equipped
				with a motor that may be used exclusively to propel the electric bicycle and
				that is not capable of providing assistance when the electric bicycle reaches
				the speed of twenty miles per hour (20 m.p.h.).
* "Class 3 electric bicycle" means an electric bicycle equipped
				with a motor that provides assistance only when the operator is pedaling and
				that ceases to provide assistance when the electric bicycle reaches the speed
				of twenty-eight miles per hour (28 m.p.h.).
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 that is 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 Chapter
				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 Arkansas Code Annotated §
								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,
				structures, other appurtenances, and improvements on the land used for the
				hunting activities.
GAME BIRDS
- Turkey, northern bobwhite 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, largemouth bass,
				spotted bass, smallmouth bass, bluegill, longear sunfish, redear sunfish, green
				sunfish, warmouth, Ozark bass, rock bass, shadow bass, white bass, striped
				bass, black crappie, white crappie, blue catfish, channel catfish, flathead
				catfish, brook trout, brown trout, cutthroat trout, rainbow trout, tiger trout,
				walleye, sauger, paddlefish, shovelnose sturgeon, and hybrids of these
				species.
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 that causes 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 of fish 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 or
				trapping 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
- 2 or more persons hunting
				together.
HYBRID RAPTORS
- A raptor produced from
				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 2 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:
A. Longer central tail feathers,
B. Outermost one or two wing feathers lacking white barring all
				the way to the tip, and
C. 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
- Mountain Lion (
Puma
				concolor
), Tigers (
Panthera tigris
), African Lions
				(
Panthera leo
), or any hybrid thereof, and all species of
				bears (family
Ursuidae
).
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 2 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.
3-point Rule:
A male deer having both antlers
				under 2 inches (including button buck) or at least 1 antler with at least 3
				points, each a minimum of 1 inch long, including the tip of the main beam.
				(Code 21.03).
E.
12/15 Rule:
1. A male deer having both antlers under 2 inches (including
				button buck),
2. A male deer having an inside spread of at least 12 inches or
				more in width, or
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 2 inches (including
				button buck),
2. A male deer having an inside spread of at least 15 inches or
				more in width, or
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 1 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.
B. Hunters 6 to 15 years of age: A legal turkey is an adult
				gobbler 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.
LIMBLINE
- A line anchored to a stationary object
				above the water surface and extending into the water with two or fewer hooks
				attached to that line.
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 animal carcasses.
LOADED FIREARM
- 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.
MEDICALLY SIGNIFICANT VENOMOUS REPTILE SPECIES
-
				The following reptiles, including their taxonomic successors, subspecies, or
				hybrids thereof, are designated as medically significant:
Daboia
				russelii
,
Dendroaspis spp.
,
Naja spp.,
				Oxyuranus spp.
,
Pseudonaja spp., Notechis spp., Pseudechis
				spp., Boulengerina spp., Echis spp., Bothrops spp., Aspidelaps spp., Atheris
				spp., Proatheris spp., Dispholidus spp., Pseudohaje spp., Atropoides spp.,
				Crotalus spp., Lachesis spp., Walterinnesia spp., Calliophis spp.
or
Maticora spp., Bungarus spp., Ophryacus spp., Porthidium spp.,
				Deinagkistrodon spp., Azemiops spp., Bitis spp., Gloydius spp.
,
Protobothrops spp.
,
Vipera spp., Ophiophagus spp.,
				Vermicella spp.
,
Eristocophis spp.
,
Cerrophidion spp.
,
Ovophis spp.
,
Trimeresurus spp.
,
Tropidolaemus spp.
,
Sistrurus spp.
,
Agkistrodon spp.
,
Bothrocophias spp.
,
Bothriechis spp.
,
Hypnale spp.
,
Bothriopsis spp.
,
Calloselasma spp.
,
Mixcoatlus spp.
,
Cerastes spp.
,
Pseudocerastes spp.
,
Micrurus spp.
,
Micruroides spp.
, and
				subfamily
Hydrophiinae
and
Heloderma
				spp.
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 doves, ducks, gallinules or moorhens, geese, rails, snipe,
				and woodcock.
MILITARY RETIREE
- Any individual at least 60
				years of age 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.
MOTORIZED BICYCLE
- A bicycle with a transmission
				and a motor of any type which propels the bicycle.
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 of fish 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.
OFF HIGHWAY VEHICLE (OHV)
- A motorized vehicle
				designed or adapted for use on unimproved roads or trails to include three and
				four wheeled ATVs, 4x4 vehicles, amphibious vehicle UTVs, dune buggies,
				go-carts, scooters, and motorcycles.
OPEN SEASON
- A time frame established by the
				Commission during which a designated species may be lawfully taken.
PEN-RAISED QUAIL
- Northern bobwhite 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.
PERSONAL WATERCRAFT
- A jet-driven or motorized
				vessel boat less than 13 feet long that is designed to be operated by a person
				sitting, standing or kneeling on the craft rather than within the confines of a
				hull.
PORTABLE HUNTING STAND
- Any device or structure
				used for the purpose of hunting that can be carried in its entirety and erected
				by hand, 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 1
				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 of fish 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 natural person whose domicile currently is in Arkansas and
				has been for at least 60 consecutive days. "Domicile" means the one and only
				place where a person has physically established a true, fixed and permanent
				home, and to where, whenever the person is briefly and temporarily absent, the
				person intends to return. Children younger than 18 are presumed to have the
				same resident status as their custodial parent or legal guardian unless
				otherwise documented. A person is not considered a resident under this Code if
				the person:
1. Resides in the state only for a special or temporary
				purpose, but not limited to, engaging in hunting, fishing, or trapping,
				or
2. Has been issued any resident license, permit, or tag (except
				ones that are designated as nonexpiring) to hunt, fish or trap in another state
				or country that is still valid in that state or country.
B. The following persons also qualify as a "resident" under
				this Code:
1. Residents of Arkansas enrolled as full-time students in
				colleges and universities outside of Arkansas.
2. Nonresidents enrolled as full-time students in colleges and
				universities in Arkansas.
3. Nonresident foreign exchange students attending school in
				Arkansas.
4. Resident foreign exchange students attending school outside
				of Arkansas.
5. Active-duty military personnel assigned to duty stations in
				Arkansas.
6. Active-duty military personnel who were Arkansas residents
				at the time of entering service, regardless of where currently
				stationed.
7. Members of the National Guard who are assigned to an
				Arkansas Guard Unit.
8. Nonresidents residing and working at least 60 consecutive
				days in Arkansas pursuant to a written commitment as full-time employees or
				volunteers of a nonprofit charitable organization (other than one established
				principally for the recreational benefit of its stockholders or members) that
				(a) is registered and in good standing with the Arkansas Secretary of State,
				and (b) has received a 501(c)(3) designation from the United States Internal
				Revenue Service.
C. Applicants for Commission-issued resident, licenses,
				permits, and tags have the burden of proving they qualify as a "resident" under
				this Code. Facts that may be considered in establishing proof of current
				Arkansas residency for the purpose of purchasing Commission-issued resident
				licenses, permits, and tags include but are not limited to:
1. Possession of a valid Arkansas driver's license or official,
				state-issued Arkansas identification card;*
2. Possession of a valid Arkansas vehicle registration in the
				applicant's name and display of current Arkansas license tags on the
				applicant's vehicle;*
3. Two documents bearing the applicant's current name and
				address, not issued by himself or herself, including but not limited to:
i. Arkansas voter registration card,* and
ii. Income tax returns issued by the Internal Revenue Service
				and/or the State of Arkansas.
4. Documentation from a college or university in Arkansas
				verifying that the applicant currently is enrolled as a full-time
				student;
5. Documentation from any branch of the United States Military
				or the duty station or unit in Arkansas; and
6. In the case of a child under 18, identification from a
				parent or legal guardian proving the parent or legal guardian qualifies as a
				"resident" under this Code.
* *Items marked with a * must have been issued at least 60 days
				prior to the license, permit, or tag application.
D. Additionally, to be eligible to be issued any of the
				following resident licenses, permits, or tags, an Arkansas resident must
				provide proof that he or she has qualified as a "resident" under this Code for
				at least the past 1 continuous year;
1. All Non-Expiring Lifetime Licenses and Permits (Addendum
				D1.01);
2. Resident Special Guide License (Code 03.14);
3. Alligator Farmer/Dealer Permit (Code 33.01);
4. Alligator Snapping Turtle Breeder/Dealer Permit (Code
				34.02);
5. Commercial Fisherman's Permit & Sportfishing License
				(Code 30.01);
6. Commercial Fisherman's Helper Permit (Code 30.01);
7. Junior/Senior Commercial Fishing Permit (Code 31.01);
8. Resident Shell Taker/Seller's License (Code 31.01);
9. Shell Taker Helper Permit (Code 31.01);
10. Shell Buyer's License (Code 31.01);
11. Resident Fish Dealer License (Code 31.01);
12. Resident Roe Taker/Seller Permit (Code 30.17);
13. Resident Roe Taker/Helper Permit (Code 30.17); and
14. Resident Roe Buyer/Exporter Permit (Code 30.18)
E. The Commission's director or his or her representative shall
				make the final determination as to whether a license, permit, or tag applicant
				qualifies as a "resident" under this Code.
ROUGH FISH
- Shortnose gar, longnose gar, spotted
				gar, bowfin, yellow bullhead, black bullhead, common carp, goldfish, grass
				carp, bighead carp, silver carp, black carp, black buffalo, bigmouth buffalo,
				smallmouth buffalo, creek chubsucker, river carpsucker, quillback, northern hog
				sucker, spotted sucker, river redhorse, black redhorse, blacktail redhorse,
				golden redhorse, shorthead redhorse, freshwater drum, gizzard shad, threadfin
				shad, skipjack herring, yellow perch, white perch, 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.
SMALLGAME
- Furbearers, migratory game birds,
				quail, rabbit, and squirrel.
SNAG
-To take fish or other aquatic animals using
				conventional rod-and-reel tackle by a repeated drawing motion rather than
				enticement by live bait or artificial lure, regardless of what terminal tackle
				is attached to the fishing line.
SNAGLINE
- Commercial tackle consisting of a
				horizontal line with hooks or drops less than 24 inches apart.
SPORTFISH
- See
GAME FISH
.
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, or mounting wildlife and parts thereof.
TRAP OR TRAPPING
- A device to catch and hold
				wildlife.
TROTLINE
- A line anchored to a stationary object
				at one or more points and with more than two hooks attached at intervals along
				that line.
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.
VETERAN
- (As defined in section 101 of title 38,
				United States Code) served in the active military, naval, air service or
				Reserves or National Guard serving on title 32 orders in a combat zone and was
				discharged or released under Honorable.
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 with any 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, 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.
WILDLIFE CHECK METHODS
- The following are the
				official wildlife check methods:
A. The Commission's online deer, elk, bear, and turkey checking
				web site and mobile applications;
B. The Commission's online alligator checking website;
				and
C. The designated bear checking telephone number or the
				designated deer, bear, 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 between the ages of 6 and 15 years old.
B. For all other sections of this Code, "youth" means any
				individual less than 16 years of age.
ZONE
- An area defined by the Commission where
				hunting or fishing activities are regulated.