Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.19-019 - 01.00 - C Definition of Terms

Current through Register Vol. 49, No. 6, June, 2024
Approved Regulation
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, 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,
			 NonResident 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.
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.
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 islistedor proposed as
			 a candidate for listing by the U.S. Fish and Wildlife Serviceor 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, 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, 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 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
- Tigers (
Panthera
			 tigris
), African Lions (
Panthera leo
), 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 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 aninside 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
			 or bearded hen.
B. Hunters 6 to 15 years of age: A legal turkey 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 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.
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.
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 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 non-expiring) 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.
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
			 3402);
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
- 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.
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.
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.