Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Division 01 - Legal Division › Rule 002.01.20-037 - 9.01 Possession of Certain Wildlife In Captivity Prohibited

Current through Register Vol. 49, No. 6, June, 2024
It is unlawful to possess, hold captive, confine, or enclose
				any live wildlife, whether native or non-native, migratory or imported, unless
				otherwise specified herein.
EXCEPTIONS:
A.
			 Accredited members of the Association of Zoos and Aquariums.
B. Persons possessing and holding captive
			 wildlife in compliance with Chapter 09.00.
C. Persons possessing and holding captive
			 fish, bullfrogs, mussels, aquatic turtles, alligators, and other aquatic
			 wildlife in compliance with Chapters 29.00, 30.00, 31.00, 32.00, 33.00, 34.00,
			 35.00 and Addendum Chapter J1.00.
D. Persons may be permitted to possess and
			 hold captive on a temporary basis captive-reared mallards, pen-raised northern
			 bobwhite, coyote, fox, squirrel, or raccoon for the sole purpose of dog
			 training or conducting field trials sanctioned by the American Kennel Club,
			 National Field Retriever Association, North American Hunting Retriever
			 Association, Hunting Retrievers Club, United Kennel Club, Professional Kennel
			 Club, or American Coon Hunters Association upon requesting and receiving a
			 Shoot-to-Kill Retrieving Dog Training Permit (for captive-reared mallards)
			 and/or written approval from the Chief of Wildlife Management.
E. Persons determined by the Commission to be
			 involved in bona fide scientific research, education, or conservation efforts
			 of significant benefit to wildlife or wildlife habitat in Arkansas may be
			 permitted to possess and hold captive wildlife in compliance with the terms of
			 a special permit issued by the Chief of Wildlife Management.
F. RESERVED.
G. Persons with a valid U.S. Fish and
			 Wildlife Service migratory bird permit may possess migratory birds in
			 compliance with the terms of that permit. Holders of this permit are not exempt
			 from subsequent regulations in Chapter 09.00. Holders of a valid U.S. Fish and
			 Wildlife Service Raptor Propagation Permit are not required to obtain a
			 Commission Wildlife Breeder/Dealer Permit to propagate or distribute
			 raptors.
H. Persons may possess
			 species listed in Addendum R1.01.
I. Persons may possess terrestrial
			 invertebrate species not otherwise prohibited by this Code or by federal or
			 state regulations.
PENALTY:
Class 2
A. Any wildlife possessed in violation of
			 this regulation may be declared contraband and subject to immediate
			 seizure.
B. Upon conviction, or
			 before, if so ordered by a court having legal jurisdiction, title to the
			 wildlife shall be forfeited to the Commission and released or disposed of in
			 compliance with Commission policy.
C. Any person convicted of violating this
			 regulation shall be liable for the costs accrued in the storage, care, and
			 maintenance of any equipment or wildlife seized in connection with the
			 violation.
D. Any person convicted
			 of violating this regulation shall be liable for the costs of any and all tests
			 and/or examinations of the illegal wildlife and also shall be liable for the
			 costs of destruction and/or disposal of the illegal wildlife, as deemed
			 necessary by the Commission for the protection of native wildlife.