Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.16-005 - 2017 Fishing Regulations

Current through Register Vol. 49, No. 6, June, 2024
Code Book Language for Proposed 2017 Fisheries Regulation
			 Changes
Effective January 1, 2017
01.00-C
DEFINITION OF TERMS
For the purposes of the Arkansas State Game and Fish Code of
			 Regulations, the following terms shall be construed, respectively, to mean and
			 include:
ADULT GOBBLER
- Male turkeys having at least one of
			 the following characteristics:
a) tail
		  feathers which are the same length,
b) wing feathers that have white barring all
		  the way to the tip or
c) a beard
		  more than six (6) inches in length.
ALLIGATOR DEALER
- Any person, firm or corporation
			 engaging in the sale, purchase, barter or exchange of an American alligator
{Alligator mississippiensis)
or other crocodilian species, or
			 any part, nest or eggs thereof in Arkansas.
ALLIGATOR FARMER
- Any
			 person, firm or corporation possessing an American alligator
{Alligator
			 mississippiensis)
or other crocodilian species, or any part, nest or
			 eggs thereof in Arkansas for the purpose of propagation, production or
			 rearing.
ALLIGATOR SNAPPING TURTLE DEALER
- Any person, firm
			 or corporation engaged in the sale or purchase of alligator snapping turtles.
ALLIGATOR SNAPPING TURTLE BREEDER
- Any person, firm or
			 corporation possessing alligator snapping turtles for the purpose of
			 propagation, production, rearing or sale.
ANIMAL
- An organism of the animal kingdom, as
			 distinguished from the plant kingdom, including any part, product, egg or
			 offspring thereof.
ANTLERLESS DEER
- A doe or a buck having
less than
2 inches of hardened bone antler .
ANTLERLESS
ELK - Any elk (male or female) not
			 meeting requirements to be a legal bull elk.
AQUACULTURE SPECIES
- Any species listed on the
			 Approved Aquaculture Species List (
Addendum J 1.00
)
			 and species not listed but allowed under Unlisted or Restricted Species
			 Possession Permits.
AQUATIC WILDLIFE
- All aquatic species, including
			 aquatic snails, aquatic turtles, crayfish (crawfish and crawdads), fish
			 (including minnows), frogs, mussels and salamanders.
ARKANSAS RIVER BOUNDARY (Sportfishing Only)
- The
			 Arkansas Post Canal from Norrell Lock and Dam No. 1 to the Arkansas River and
			 the Arkansas River from Wilbur D. Mills_Dam No. 2 upstream to the Oklahoma
			 state line, including all lakes, bays and tributary streams accessible by boat
			 from the main channel except:
* Big Bayou Meto upstream from Arkansas Highway 11;
* Plum Bayou upstream from U.S. Highway 79;
* Little Maumelle River upstream from Pinnacle Mountain State
			 Park;
* Maumelle River upstream from Lake Maumelle Dam;
* Fourche LaFave upstream from Arkansas Highway 113;
* Palarm Creek upstream from Interstate 40;
* Cadron Creek upstream from the weir;
* Point Remove Creek upstream from Arkansas Highway 113;
* Petit Jean River upstream from Pontoon Boat Ramp at Arkansas
			 Highway 154;
* Illinois Bayou upstream from Russellville Waterworks
			 Dam;
* Big Piney and Little Piney creeks upstream from Arkansas
			 Highway 359;
* Horsehead Creek upstream from Interstate 40;
* Mulberry River upstream from Interstate 40;
* Frog Bayou upstream from Arkansas Highway 162 and Lee Creek
			 upstream from Lee Creek Dam,
* And from the first non-navigable shoal for streams entering the
			 Arkansas River along the right bank descending from the Oklahoma state line to
			 Lake Dardanelle Dam.
ARTIFICIAL LURE OR FLY
- Terminal fishing tackle
			 made entirely of rubber, wood, metal, glass, feathers, hair, synthetic fibers
			 or plastic, with hook attached.
BAITFISH
- Minnows, logperch, gizzard and threadfin
			 shad, gar (other than alligator gar), bullhead catfish, crayfish, drum, bowfin
			 under 6 inches, skipjack herring, brook and inland silversides, bigmouth,
			 smallmouth and black buffalo,
river carpsucker, banded and Ozark sculpin, bream 4 inches and
			 under, and bream over 4 inches that are caught by hook and line.
BAITING
- The direct or indirect placing, exposing,
			 depositing, distributing or scattering of salt, grain or other feed that could
			 serve as a lure or
attractant
for wildlife to, on or
			 over any areas where hunters are attempting to take them.
BIG GAME
- Alligator, black bear, deer, elk and
			 turkey.
BLACK BASS
- Largemouth bass, redeye bass,
			 smallmouth bass and spotted bass.
BLOCKING OUT
- The removal of the head and/or tail
			 associated with the processing of a commercial fish. The blocked-out carcass
			 (bullet) must be at least the minimum length required for the body of water
			 where the commercial fish was harvested (
Code
			 30.11
).
BONUS DEER
- A harvested deer that is not included
			 in a hunter's statewide bag limit.
BOX TYPE TURTLE TRAP
- A floating trap designed to
			 capture aquatic turtles, but does not permit capture offish (
Code
			 34.07
).
BREAM
- A species of the genus Lepomis, including
			 bluegill, redear, warmouth and other sunfish.
BUCK
- A male deer (see LEGAL BUCK
			 definition).
BUCK DEER SEASON
- A deer season in which no deer
			 other than legal buck deer may be taken.
BUY
- To purchase, barter, exchange or trade,
			 including any offer to purchase,
barter, exchange or trade.
CAPTIVITY OR HOLD CAPTIVE
- The holding of living
			 wildlife in a controlled environment that is manipulated by man for the purpose
			 of exercising ownership, possession or control of the wildlife, and that has
			 boundaries designed to prevent selected species from entering or leaving the
			 controlled environment.
CARCASS
- The body of a dead animal.
CASE
- A container specifically designed to hold a
			 firearm which completely encloses the firearm by being zipped, snapped,
			 buckled, tied or otherwise fastened with no portion of the firearm
			 exposed.
CATCH-AND-RELEASE
- The requirement that fish of a
			 designated species must be immediately released into the water where
			 caught.
CERVID
- A member of the Family Cervidae including
			 without limitation deer,
reindeer, moose, elk and caribou.
CHASE FOR PLEASURE
- To search for, pursue or chase
			 game animals or other wildlife with the use of dogs for recreational purposes
			 only, with no intent of hunting such game animals or wildlife.
CHECKING WILDLIFE
- The reporting of specific
			 information to the
Commission concerning harvest of alligator, bear, deer, elk and
			 turkey by one of the following methods: phoning a designated number to report
			 bear, deer or turkey harvests, electronically through the Commission's on-line
			 deer and turkey checking Web site or mobile applications, and in person to
			 report harvest of elk and alligator at a designated check station.
CHRONIC WASTING DISEASE (CWD)
- Fatal disease
			 affecting the brain of cervids that belongs to a group of diseases called
			 transmissible spongiform encephalopathies.
CHUMMING
- To dislodge or deposit any substance not
			 attached to a hook which may attract fish.
CITES TAG
- a permit that allows shipping of certain
			 animal pelts outside the
State of Arkansas and assures compliance with the Convention on
			 the
International Trade of Endangered Species.
CLEAN
- Having no meat matter or tissue attached to
			 the carcass.
COMPUTER-ASSISTED HUNTING
- The use of a computer or
			 any other device, equipment or software to remotely control the aiming and
			 discharge of a firearm, bow or crossbow to kill wildlife located in
			 Arkansas.
COMMERCIAL FISH
- Bowfin (over 6 inches),
			 paddlefish, shovelnose,
sturgeon, and all species of buffalo, catfish, carp, drum, gar,
			 and sucker family
(except silver redhorse).
COMMERCIAL FISHERMAN
- Any person who fishes with
			 tackle designated as commercial tackle requiring a license and/or tag issued by
			 the Commission.
COMMERCIAL TACKLE
- Properly licensed tackle used to
			 catch aquatic wildlife for commercial purposes.
COMMERCIAL WILDLIFE HUNTING RESORT
- A facility,
			 location,
business, or operation that offers, for pay or other
			 consideration, an opportunity to hunt native wildlife, other than pen-raised
			 game birds, held in captivity. Includes all contiguous land, and structures,
			 other appurtenances, and improvements on the land, used for the hunting
			 activities.
COMMERCIAL WILDLIFE PERMIT
- Any or all of the
			 following permits:
Alligator Farmer/Dealer, Alligator Snapping Turtle
			 Breeder/Dealer, Resident
Shell Taker and Seller, Shell Buyer, Non-Resident Shell Buyer,
			 Resident Roe
Taker/Seller, Resident Roe Buyer/Exporter, Non-Resident Roe
			 Buyer, Resident
Fur Dealer, Non-Resident Fur Dealer, Special Commercial Quail,
			 Game Bird
Shooting Resort, Commercial Wildlife Hunting Resort, Wildlife
			 Breeder/Dealer and Wildlife Importation.
COMMISSION
- The Arkansas State Game and Fish
			 Commission, unless otherwise designated.
DEFERRED HUNTER EDUCATION (DHE)
- Designates a
			 holder of a valid
Arkansas hunting license/permit who has deferred completion of
			 the hunter education program.
DISABLED
- Any individual who is 100 percent
			 permanently and totally disabled as declared by one or more of the following
			 federal agencies: the U.S.
Social Security Administration, the U.S. Department of Veteran's
			 Affairs or the U.S. Railroad Retirement Board.
DOE
- A female deer.
DISABLED VETERAN:
(a) any individual whom the United States
		  Department of Veterans Affairs (VA) has rated 100% permanently and totally
		  disabled as a result of his or her U.S. military service;
(b) any individual whom the VA has rated
		  permanently disabled as a result of his or her U.S. military service and who
		  received the Purple Heart medal as a result of his or her service-connected
		  disability.
DOE DEER SEASON
- A deer season in which a doe may
			 be taken.
DROWNING SET
- Any leg-hold trap that uses one or
			 more of the following techniques to retain the target animal in water of
			 suitable depth for drowning: a slide wire with lock, a tangle stake or a
			 drowning weight.
DUCKS
(includes the following species) - All species
			 of teal, merganser, whistling duck and scaup; American wigeon, American black
			 duck, bufflehead, canvasback, gadwall, common goldeneye, mallard, mottled duck,
			 northern shoveler, redhead, ring-necked duck, ruddy duck, northern pintail and
			 wood duck.
EDIBLE PORTIONS
- portions of the following animals
			 are considered edible as stated below:
(a)
Game Mammals:
front
		  quarters, hind quarters, loins and tenderloins.
(b)
Game Fish:
fillets
		  offish.
(c)
Game Birds:
breasts.
(d)
Frogs:
hind legs.
(e)
Alligators:
tails, legs, flanks, loins and tenderloins.
EITHER-SEX
- A male or a female.
EITHER-SEX DEER SEASON
- A deer season in which a
			 doe or a legal buck may be taken.
EMERGENCY CONDITION
- Any condition
			 involving:
(a) imminent peril to the
		  health, safety, or welfare of the public or the wildlife resources of the
		  State; or
(b) immediate action
		  mandated by federal law or regulation.
ENCLOSE
- To surround wildlife using man-made
			 barriers, including but not limited to fencing, walls, structures or other
			 devices, so that the wildlife are not free to leave a particular
			 environment.
ENCLOSURE
- Any area surrounded by a man-made
			 barrier, including but not limited to fencing, walls, structures or other
			 devices that prevent wildlife from leaving a particular environment.
ENDANGERED SPECIES
- A wildlife species or
			 subspecies endangered or threatened with extinction listed, or proposed as a
			 candidate for listing, by the U.S.
Fish and Wildlife Service orany native species or subspecies
			 listed as endangered by the Commission (
Addendum
			 PI.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 fed that serves or could serve as a lure, attractant. or
			 supplemental food source for wildlife.
FERAL HOG
- Any hog, including but not limited to
			 Russian and§ European wild boar, any Old World swine, or the family
			 Tayassuidae, including without limitation peccary, javelin, and New World
			 swine, which is roaming freely and is living in a wild or feral state, and is
			 not conspicuously identified as required under §§
									2-34-101 and
			 §§
									2-34-102.
FIREARM
- Any device designed, made, or adapted to
			 expel a projectile through a barrel, including without limitation modern guns,
			 air guns and muzzleloaders (see LOADED FIREARM).
FISH OR FISHING
- To lure, attract, collect or
			 pursue fish species or aquatic wildlife for the purpose of taking or attempting
			 to take such species by any method.
FISH DEALER
- Any person who sells live fish,
			 including baitfish.
FISH FARM
- Waters and adjacent premises confined
			 within a pond, tank or lake not connected with public waters, and under
			 management of a fish farmer.
FISH FARMER (AQUACULTURIST)
- A person, firm,
			 partnership or corporation engaged in the propagation or rearing of aquaculture
			 species for sale.
FREEFLOATING FISHING DEVICE
- A floating fishing
			 device unanchored or unattached to a stationary object.
FURBEARERS
- Badger, beaver, bobcat, coyote, gray
			 fox, red fox, mink,
muskrat, nutria, opossum, raccoon, river otter, spotted skunk,
			 striped skunk and weasel.
GAFF
- To take or attempt to take fish with a hand-
			 held or handled hook.
GAME ANIMALS
- Alligator, black bear, bobcat,
			 coyote, deer, elk, gray fox,
red fox, mink, opossum, eastern cottontail rabbit, swamp rabbit,
			 raccoon, gray squirrel and fox squirrel.
GAME BIRD SHOOTING RESORT
-A facility, location,
			 business, or operation that offers, for pay or other consideration, an
			 opportunity to hunt captive-raised game birds. Includes all contiguous land,
			 and structures, other appurtenances, and improvements on the land, used for the
			 hunting activities.
GAME BIRDS
- Turkey, quail, pheasant, chukar
			 Eurasian collared dove and all birds classified by the U.S. Fish and Wildlife
			 Service as migratory game birds.
GAME FISH
- Alligator gar, black bass, white bass,
			 striped bass, hybrid striped bass, crappie, catfish, trout, bream, goggle-eye,
			 walleye, muskellunge, sauger,
saugeye, paddlefish and pickerel.
GEOCACHE
- Items in a container (cache) placed or
			 hidden for individuals to subsequently find using a Global Positioning System
			 (GPS) receiver.
GEOCACHING
- An outdoor sport, similar to "high-tech
			 treasure hunting,"
involving use of a Global Positioning System (GPS) receiver to
			 find a cache.
GUIDE
- A person who provides, for monetary or any
			 other compensation, that person's personal services for the purpose of
			 assisting others to locate, pursue,
catch or hunt wildlife.
HACKING
- The temporary release of a raptor held for
			 falconry to the wild so that it must survive on its own.
HARASS
- An intentional or negligent act which
			 creates the likelihood of injury to wildlife by annoying it to such an extent
			 as to significantly disrupt normal behavioral pattern which include but are not
			 limited to, breeding, feeding, or sheltering.
HAZARDOUS WAKE
- Wash or wake upon an approaching,
			 passing or stationary vessel, including but not limited to a wake that causes
			 other vessels to take on water, or a wash or wake that is sufficient to toss
			 occupants of other vessels about in a manner to cause injury or the risk of
			 injury.
HARVEST/HARVESTING
- To reduce to possession.
HEN TURKEY
- Female turkey with or without a
			 beard.
HIGH-FENCE ENCLOSURE
- An enclosure that contains an
			 area of at least 500 contiguous acres, with at least 60 percent of the acreage
			 in forested cover that has been classified as timberland by the local county
			 tax assessor, that has a perimeter fence at least 8 feet high, with no
			 cross-fencing that has the effect of reducing the size of the area to less than
			 500 contiguous acres with at least 60 percent of the acreage in forested cover
			 as herein provided.
HOGGING
- The taking offish by the use of hands only
			 in or under the water.
HUNT OR HUNTING - Taking or attempting to take wildlife by any
			 method including but not limited to searching, pursuing, chasing, tracking,
			 luring, or attracting.
HUNTING INCIDENT
- When bodily injury above basic
			 first aid or death occurs due to an activity directly related to a hunting
			 excursion in the field.
Examples of such activities wouldjnclude discharge of a firearm,
			 bow, or crossbow and falls from an elevated platform (tree stand, tower stand,
			 or elevated duck blind).
HUNTING PARTY
- Two or more persons hunting
			 together.
HYBIRD RAPTORS
- A raptor produced from a
			 cross-breeding birds of two different taxa, one or both of which are listed in
			 50 CFR
			 10.13, and any offspring of such
			 raptors.
IMPORT OR IMPORTATION
- To ship, convey, carry,
			 transport, bring or introduce into Arkansas anything from outside its
			 borders.
IMPRINT
- A bird that is hand-raised in isolation
			 from other raptors from two weeks of age until it has fledged and will be
			 considered to be an imprinted bird for its entire life.
JAKE - Sub-adult male turkey having all these characteristics:
			 longer central tail feathers, outermost one or two wing feathers lacking white
			 barring all the way to the tip and a beard 6 inches or less in length.
KILLING DEVICE
- Any firearm, bow and arrow,
			 crossbow, compressed gas or spring-powered pistol or rifle, blowgun, speargun,
			 hand-thrown spear, slingshot,
irritant gas device, explosive device, or any other implement
			 designed to discharge a projectile capable of killing wildlife.
LARGE CARNIVORE
-
Tigers {Panthera tigris),
			 African Lions (Panthera led),
or any hybrid thereof and all species of bears.
LEGAL
BUCK - A male deer may be considered legal
			 under the following rules as applied by this Code:
(a)
Antlered Buck:
A male deer with two inches, or more, of
		  hardened bone antler.
(b)
Buck of Choice:
A male
		  deer.
(c)
Button Buck:
A male deer
with
less than
two
		  inches
of hardened boned antler.
(d)
Three-point Rule:
A male
		  deer having both antlers under two inches (including button buck) or at least
		  one antler with at least three points, each a minimum of one inch long,
		  including the tip of the main beam. (
Code
		  21.03
).
(d)
12/15 Rule:
1) A male deer
		  having both antlers under two inches (including button buck) or
2) a male deer having an inside spread of at
		  least 12 inches or more in width,
3) a male deer having at least one main beam 15 inches
		  or more in length (
Code 21.03
).
(e)
15/18 Rule:
1) A male deer having both antlers under two
		  inches (including button buck) or
2)
		  a male deer having an inside spread of at least 15 inches or more in
		  width
3) a male deer having at least
		  one main beam 18 inches or more in length (
Code
		  21.03
).
(f)
WMA Special Restrictions:
Special restrictions may apply on
		  certain WMAs (
Code 21.03)
.
LEGAL BULL ELK
- An elk having at least one antler
			 visible above the hair line.
LEGAL TURKEY
- A turkey may be considered legal
			 under the following rules as applied by this Code:
(a) Hunters 16 years and older a legal turkey
		  is an adult gobbler or bearded hen.
(b) Hunters 6 to 15 years of age is an adult
		  gobbler, bearded hen or jake.
LENGTH LIMITS -
(a)
Minimum Length Limit:
The
		  shortest length of a fish of a designated species that can be kept.
(b)
Maximum Length Limit:
The
		  maximum length of a fish of a designated species that can be kept.
(c)
Protected Length:
A
		  species/size limit that prohibits anglers from keeping fish within a designated
		  size group. Unless otherwise specified, all fish are measured from the front of
		  the lower jaw with the mouth closed to the tip of the tail with tail lobes
		  pressed together when laid flat on a rule, on its side. All fish not meeting
		  the length limit requirements for a particular water or species must be
		  immediately released into the water where caught.
LIMITS -
(a)
Daily Limit:
the maximum
		  number of a species allowed to be taken during a specific 24-hour time period
		  (midnight to midnight, unless otherwise specified).
(b)
Seasonal Limit:
the maximum
		  number of a species allowed to be taken during a specific season.
(c)
Possession Limit:
the
		  maximum number of species allowed to be possessed at any time. Any fish or
		  wildlife, excluding migratory game birds, legally taken for personal
		  consumption and stored in processed form within a residence of the possessor
		  shall not count toward the possession limit.
LITTER
- All waste which has been discarded or
			 otherwise disposed of,
including, but not limited to, convenience food and beverage
			 packages or containers, trash, garbage, all other product packages or
			 containers, and other post-consumer solid wastes as referenced in State Law, or
			 discarded game animal carcasses.
LOADED FIREARMS
- Firearms are considered loaded if
			 shells or cartridges are in the chamber, magazine or cylinder. Percussion cap
			 muzzleloading firearms are considered loaded if the percussion cap is on the
			 nipple. Flintlock muzzleloading firearms are considered loaded if there is
			 powder in the flashpan.
Electronic pulse ignition muzzleloaders are considered loaded if
			 the ignition circuit is charged.
MIGRATORY BIRDS
- All birds protected by the Federal
			 Migratory Bird
Treaty Act of 1918 and subsequent amendments.
MIGRATORY GAME BIRDS
- Coots, crows, doves, Eurasian
			 collared dove,
ducks, gallinules or moorhens, geese, rails, snipe and
			 woodcock.
MILITARY RETIREE
- Any individual at least 60 years
			 old who is entitled to retired pay as a result of his or her United States
			 military service.
MINNOWS
- Small nongame fish commonly used for bait
			 including bluntnose minnows, bullhead minnows, chubs, dace, fatheads, common
			 carp under 6 inches,
goldfish, shiners and stonerollers.
MOBILITY IMPAIRED
- A designation made by the
			 Commission based upon a satisfactory showing that a person has a permanent
			 physical condition, verified by a physician duly licensed to practice medicine
			 by a state medical board, which severely impairs the person's mobility and
			 prevents him or her from being able to engage in hunting or fishing activities
			 without the use of an ATV or similar specialized device for
			 transportation.
NATIVE WILDLIFE
- Those species and sub-species of
			 wildlife that have established, naturally reproducing, free-ranging, wild
			 populations within Arkansas.
NIGHT
- The time period 30 minutes after sunset to
			 30 minutes before sunrise.
NOODLING
- The taking offish by the use of a
			 pole-mounted breakaway hook that detaches at the time of the strike or catch,
			 or snare type device, with an attached line manipulated by hand when a person
			 is in or under the water.
NONGAME WILDLIFE
- All wildlife other than
			 forbearing or game animals, game birds and game fish.
NON-NATIVE WILDLIFE
- Any wildlife not defined as
			 native wildlife.
NONRESIDENT
- A person not defined as a
			 resident.
NUISANCE WILDLIFE
- Any wildlife creating a problem
			 by committing damage to personal property or crops.
OPEN SEASON
- A time frame established by the
			 Commission during which a designated species may be lawfully taken.
PEN-RAISED QUAIL
- Quail raised or hatched in
			 captivity.
PERSON
- Any individual, firm, corporation,
			 association, partnership or other legal entity in singular or plural as the
			 context requires. All pronouns shall include the masculine, feminine and
			 neuter.
PORTABLE HUNTING STAND
- Any device or structure
			 used for the purpose of hunting that can be carried in its entirety by one
			 person at one time including but not limited to tripod stands, lean-to stands,
			 lock-on stands, ladder stands, and climbing stands (Box stands are not portable
			 hunting stands).
PORTABLE POP-UP BLIND
- A structure used to conceal
			 a person that can be collapsed and carried in its entirety by one
			 person.
POSSESS OR POSSESSION
- Having or holding wildlife,
			 or any property in one's power; the exercise of dominion over property.
			 Possession includes actual possession (physical occupancy or control over
			 property) and constructive possession (control or dominion over property
			 without actual possession or custody of the property).
PRIMATE
- A live individual animal of the taxonomic
			 order Primates, excluding humans.
PROPAGATE OR PROPAGATION
- To allow plants or
			 animals to breed or multiply.
PUBLIC ROAD
- The traveled portion and the shoulders
			 on each side of any road maintained for public travel by a city, county, state,
			 or federal government and includes all structures within the limits of the
			 right-of-way of any such road.
PUBLIC WATERS
- Waters that members of the public
			 have a legal right to access and use for recreational purposes, including all
			 legally navigable waters.
PUT-AND-TAKE PAY LAKE
- Private waters open to
			 public fishing for a fee, after being licensed by the Commission and where no
			 fishing license or daily limit 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 person who physically inhabits a bona
		  fide residence in Arkansas for at least 60 days and declares full-time
		  residency. Possession of Arkansas real estate and/or proof of payment of
		  associated services or utilities do not qualify the owner/renter as a resident
		  if he lives out of state. Additional facts considered in establishing proof of
		  current Arkansas residency are:
(i) Possession
		  of a valid Arkansas driver's license or Arkansas identification card,
(ii) Possession of a valid
		  Arkansas vehicle registration in his name and display of current Arkansas
		  license tags on his vehicle,
(iii)
		  Other documentation may be considered.
(b) The following persons are considered
		  residents for purposes of this Code:
(i)
		  Residents of Arkansas enrolled as full-time students in colleges and
		  universities outside of Arkansas,
(ii) Nonresidents enrolled as full-time
		  students in colleges and universities in Arkansas,
(iii) Nonresident foreign exchange students
		  attending school in Arkansas,
(iv)
		  Resident foreign exchange students attending school outside of
		  Arkansas.
(v) Active-duty military
		  personnel assigned to duty stations in Arkansas,
(vi) Active-duty military personnel who were
		  Arkansas residents at the time of entering service, regardless of where
		  currently stationed.
(vii) Members
		  of the National Guard who are assigned to an Arkansas Guard
		  Unit.
(c) Proof of at
		  least one year residency must be provided when applying for the following
		  licenses/permits:
Special Guide, Alligator Farmer/Dealer, Alligator Snapping Turtle
			 Breeder/Dealer, Commercial Fisherman's and Sportfishing, Commercial Fisherman's
			 Helper, Junior/Senior Commercial Fishing, Resident Shell Taker/Seller, Shell
			 Taker Helper, Shell Buyer, Resident Fish Dealer, Resident Roe Taker/Seller,
			 Resident Roe Taker Helper and Resident Roe Buyer/Exporter. Non-Expiring
			 Lifetime Resident Hunting and Fishing License and Sportsman's Permit.
(d) The director or his
		  representative shall make the final determination as to the resident status of
		  any license applicant.
ROUGH FISH
- Gars, bowfin, bullhead catfish, common
			 carp, Asian carp (grass carp, bighead carp, silver carp), suckers (including
			 buffalo), drum and yellow bass.
SEINE
- A fishing net that hangs vertically in the
			 water where the ends can be drawn together to entrap fish.
SEINING
- The act of moving a seine by boat or human
			 power to capture fish.
SELL OR SALE
- To exchange or deliver for
			 money or its equivalent; to offer for sale, barter, exchange or trade or the
			 act of selling, bartering, consigning, exchanging or trading.
SHELL BUYER
- Anyone who buys mussels or mussel
			 parts from a Taker. An agent purchasing for a licensed buyer is not a
			 buyer.
SIMULATED WING MOVEMENT DECOY
- Any electric,
			 mechanically-operated, wind-powered, or manually-powered apparatus or device
			 that simulates wing movement, including any device that spins one or more
			 fixed- or stationary-winged decoys around a central axis.
SMALL GAME
- Furbearers, migratory game birds,
			 quail, rabbit and squirrel.
SNAG
-
To take fish 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 for definition.
TACKLE
- An apparatus or
			 device used to take wildlife.
TAKE
- To shoot, kill, injure, trap,
			 net, snare, spear, catch, capture or reduce to possession.
TAXIDERMY
- The art of preparing, stuffing and/or
			 mounting wildlife and parts thereof.
TRAP OR TRAPPING
- A device to catch and hold
			 wildlife.
TROUT
- Any members of the Salmonidae family including
			 rainbow trout, brown trout, brook trout, lake trout, cutthroat trout, salmon
			 and char.
VESSEL
- Every description of watercraft, other than a
			 seaplane on the water, used or capable of being used as a means of
			 transportation, including motorboats and personal watercraft.
WATERFOWL
- All species of coots, ducks, geese and
			 swans.
WATERS OF THE STATE
- All streams, lakes, ponds, sloughs,
			 bayous, marshes or any other waters either permanent or intermittent located
			 wholly or partially within Arkansas. Provided, however, "waters of the state"
			 shall not include pay lakes and fish farms or any waters that are confined
			 within a pond, tank, or lake, situated entirely on the premises of a single
			 private owner and which, except under abnormal flood conditions, are not
			 connected withany of other flowing stream or body of water that extends beyond
			 the premises of such owner.
WILD
- To be living in a state of nature and not
			 domesticated.
WILDLIFE
- All wild birds, mammals, fish, reptiles,
			 amphibians and other wild aquatic forms, and all other wild animals, regardless
			 of classification, whether resident, migratory or imported, protected or
			 unprotected, dead or alive, and shall extend to and include any and every part
			 of any individual species of wildlife, including animals living in a captive
			 state and which lack a genetic distinction from members of the same species
			 living in the wild. Aquatic wildlife includes all aquatic species, including
			 aquatic snails, aquatic turtles, crayfish (crawdads and crayfish), fish
			 (including minnows), frogs, mussels and salamanders.
WILDLIFE CHECK METHODS
- The following are the
			 official wildlife check methods:
(a) a
		  designated elk check station;
(b)
		  the Commission on-line deer and turkey checking Web site and mobile
		  applications;
(c) a designated
		  alligator check station; and,
(d)
		  the designated bear checking telephone number or the designated deer and turkey
		  checking telephone number.
WILDLIFE MANAGEMENT AREA (WMA)
- Designated areas
			 owned or controlled by the Commission and distinguished by certain markers and
			 considered a separate zone with regard to wildlife regulations including:
			 wildlife management area (WMA), waterfowl rest area (WRA), wildlife
			 demonstration area (WDA), special use area (SUA) and state park-conservation
			 area (SP-CA).
YOUTH
-
(a)
		  for sections of this Code pertaining to big game, "youth" means any individual
		  not less than 6 years old or more than 15 years old.
(b) for all other sections of this Code,
		  "youth" means an individual less than 16 years of age.
ZONE
- An area defined by the Commission where
			 hunting and/or fishing activities are regulated.
19.14
BOAT DOCK LEASE AND OPERATOR
		  REQUIREMENTS FOR STRUCTURES
A Commercial Facility Operator's License Agreement
			 and permit is required by
anyone who has a boat ramp, boat shed, boathouse.
			 boat slide, pier or other structure that is used solely, or in conjunction with
			 other structures, to generate personal income for the adjacent
			 landowner/structure owner (otherwise known as Operator) on Commission-owned
			 property. Specifically, it is unlawful to own or operate a facility where boats
			 are rented to the public or where boats are kept for private owners on a rental
			 basis, or to provide and charge for boat launching or vehicle parking on waters
			 or property owned by the Commission without first entering into a license
			 agreement with and obtaining a permit from the Commission.
Commission employees in performance of duties are allowed free parking and boat
			 launching privileges.
PENALTY: Class 1
26.16
GIGGING OF GAME FISH
		  PROHIBITED
It is unlawful to gig game fish
or to possess game
			 fish when gigging.
PENALTY: Class 1
26.17
SNAGGING GAME FISH
		  PROHIBITED
It is unlawful to snag game fish
or to possess game
			 fish when snagging.
EXCEPTIONS:
(1) From
		  the bank within 100 yards below a dam (prohibited below the Upper White Oak
		  Lake Dam).
(2) From a boat from 100
		  yards below all locks and dams on the Arkansas River to the downstream entrance
		  point of the lock structure, and from 100 yards below Dam No. 2 to the
		  boat-launching ramps immediately below the dam.
(3) From the bank below Beaver Dam, from the
		  Corps of Engineers "No Fishing Beyond This Point" sign, downstream to the first
		  Corps of Engineers boat ramp on the left descending bank April 15-June
		  15.
(4) Daily limit: With the
		  exception of catfish and paddlefish, no more than half the daily game fish
		  limit may be taken by snagging, or the lesser whole number nearest half the
		  limit, when the limit is an odd number.
(5)
Where it is legal to snag
		  game fish as described in this code, those game fish snagged must be retained
		  for personal use and applied to the daily limit.
(6)
Snagging must be discontinued
		  once the daily limit of any species of game fish has been
		  harvested.
(7) Catfish
		  and paddlefish may be snagged Jan. 1-Feb. 15 on the Black River from the
		  Missouri state line to the Spring River confluence and on the St. Francis River
		  from the Missouri state line to the Payneway Structure, with a daily limit of
		  one paddlefish and five catfish (no more than two of which may be flathead
		  catfish). It is not legal to possess any other gamefish while snagging these
		  waters.
PENALTY: Class 1
26.25
FAMILY AND COMMUNITY FISHING
		  PROGRAM RESTRICTIONS
(A)
FAMILY
		  FISHING PROGRAM RESTRICTIONS
The restrictions in this subsection shall apply to the following
			 waters: Chicot County - Lake Village Community Fishing Pond Clay County - Mom's
			 Lake Columbia County - Armory Pond
Craighead County - Craighead Forest Park Youth Fishing Pond Drew
			 County - Monticello High School Pond Fulton County - Salem City Lake
Hempstead County - Mike and Janet Huckabee Youth Fishing Pond
			 Jefferson County - Pine Bluff Regional Park Youth Fishing Pond Lawrence County
			 - Walnut Ridge City Lake Pulaski County -War Memorial Park Pond Union County -
			 Mattocks Park Lake
RESTRICTIONS:
(1) Fishing is open only to youths or persons
		  65 years of age or older. All other properly licensed persons may fish if
		  accompanied by a youth who is actively fishing. Fishing is also open to holders
		  of a disabled fishing license (either a three-year or combination disability
		  license). One licensed person may assist and fish with an actively fishing
		  disabled fishing license holder.
(2) Only hand-held rod or pole
		  allowed.
(3) Largemouth bass: catch
		  and release only.
(4) Catfish daily
		  limit: 3
(5) Bream daily limit:
		  25
(6) Trout daily limit:
		  5
(7) Hybrid striped bass:
		  3
(8) Lakes open to electric
		  trolling motors only.
(9) All other
		  sportfishing daily limit: same as statewide.
(B)
COMMUNITY FISHING PROGRAM
		  RESTRICTIONS
The restrictions in this subsection shall apply to the following
			 waters:
Baxter County - Amon's Lake
Benton County - Lake Springdale, Lake Bentonville, Lake
			 Keith
Clark County - Clear Lake
Crawford County - Van Buren Municipal Park Pond
Crittenden County - Tilden Rodgers Park Pond
Faulkner County - Conway Station Park Pond
and Dr.
			 James E. Moore Jr.
Camp Robinson Firing Range
Garland County - Family Park Pond, Entergy Park Pond
Jefferson County - Martin Luther King Jr. Park Pond in Pine
			 Bluff
Lonoke County - Cabot Community Pond, Mike Freeze England
Community Pond
Miller County - Lake Dieffenbacher
Pike County - John Benjamin Glenwood Community Pond
Pope County - Pleasant View Park Pond
Pulaski County - all lakes, ponds and streams managed by the City
			 of
Little Rock Parks and Recreation Department within the city
			 limits of
Little Rock, Community Center Pond, Cherrywood Lake, Lake
			 Valencia,
Little Rock Air Force Base Pond, North Little Rock City Park
			 waters,
Paradise Lake, Pinnacle Mountain State Park Pond, Sherwood
Municipal City Pond, Willow Beach Park Pond
White County - Bald Knob Community Pond, Searcy City Lake
Saline County - Sunset Lake
Sebastian County - Carol Ann Cross Pond
Sebastian County - Wells Lake, Fort Chaffee
Yell County - Dardanelle City Park Ponds, Yell County
			 Wildlife
Federation Pond
Washington County - Murphy Park Pond
RESTRICTIONS:
(1) Only hand held rod or pole
		  allowed.
(2) Largemouth bass: catch
		  and release only.
(3) Catfish daily
		  limit: 3
(4) Bream daily limit:
		  25
(5) Trout daily limit:
		  5
(6) Hybrid striped bass:
		  3
(7) Lakes open to electric
		  trolling motors only.
(8) All other
		  sportfish daily limit: same as statewide.
PENALTY: Class
1
30.01
COMMERCIAL FISHERMAN'S PERMIT AND REPORTING REQUIREMENTS
It is unlawful to purchase commercial tackle tags or to operate
			 commercial tackle, or sell or attempt to sell wild-caught commercial aquatic
			 wildlife without a current commercial fisherman's permit and sportfishing
			 license. A bill of sale or receipt of transfer with a commercial fisherman's
			 permit number must accompany all sales to fish markets, processors or retailers
			 of fish or fish parts in each transaction. Bills of sale must be retained by
			 the purchaser for a period of 12 months and made available for inspection by
			 the Commission.
EXCEPTIONS:
(1)
Bill of sale or receipt
		  provision applies only to the sale of commercial fish or fish parts from a
		  commercial fisherman to a fish market, processor or
		  retailer.
(2) Youths
		  or individuals 65 years of age or older are required to purchase a
		  Junior/Senior commercial fishing permit.
(3) A person with a commercial fisherman
		  helper's permit in his immediate possession may operate the properly tagged
		  tackle of a licensed commercial fisherman. The holder of a commercial
		  fishermen's permit and sportfishing license shall be fully responsible for
		  supervising the actions of the person using the commercial fisherman helper's
		  permit.
(4) In compliance with
		  Codes 03.07, 03.08.
PENALTY: Class 2
30.20
PADDLEFISH AND STURGEON
		  POSSESSION RESTRICTIONS ON WHITE RIVER, ARKANSAS RIVER AND BORDER WATERS
It is unlawful to commercially take, attempt to take, or possess
			 paddlefish or sturgeon, or their parts including eggs (roe), from:
(A) That part of the White River, immediately
		  above the Newport Access and proceeding upstream to the boat ramp at
		  Jacksonport State Park
(including any backwaters)
, and
		  from the confluence of Black River upstream to Dam 1 at Batesville.
(B) The following border waters with
		  Louisiana: Red River in Hempstead, Lafayette, Little River, and Miller
		  counties; Ouachita River from the Louisiana state line to 100 yards below
		  Felsenthal Lock and Dam; Bayou Bartholomew from the Louisiana state line to its
		  source in Jefferson County; Bodcau Bayou from the Louisiana state line to the
		  base of Lake Erling Dam; Boeuf River from the Louisiana state line to its
		  source in Chicot County; and Bayou Macon from the Louisiana state line to its
		  source in Desha County.
(C) The
		  portion of the Arkansas River extending from Trimble Lock and Dam upstream to
		  the Arkansas/Oklahoma state line except for during permitted special seasons
		  determined by the Commission.
PENALTY: Class 3
30.27
POSSESSION OF RARE
		  AND ENDANGERED FISH BY COMMERCIAL FISHERS PROHIBITED
It is unlawful for commercial fishers to possess rare and
			 endangered fish. Rare fish that may not be possessed include Lake Sturgeon.
			 American eel. Striped Mullet. Highfin Carpsucker, Pealip Redhorse, and Silver
			 Redhorse. Endangered fish species are listed in CodePl.Ol.
PENALTY: Class
			 2