Arkansas Administrative Code › Agency 002 - Game and Fish Commission › Rule 002.00.18-001 - 2018-2019 Hunting Regulations

Current through Register Vol. 49, No. 6, June, 2024
1.
Recommended Change:
Have a Quail stamp available to help support
		  quail habitat. The price of the stamp is recommended at $4.50.
Justification:
Revenue generated from Quail stamp
			 sales would provide a steady funding source for facilitating management needs
			 of the Northern Bobwhite program. The funding will be spent on bobwhite
			 management on the six quail emphasis areas and on partner-agency lands (USFS,
			 USFWS, ANHC, USCOE, etc...). Partner-agency land projects will aid in
			 increasing the amount of useable habitat for quail within our seven quail focal
			 landscapes. Once the emphasis areas have been improved /enhanced to ideal quail
			 habitat, funds previously allocated to these areas will be applied to habitat
			 work on other WMAs suitable for quail management and would build upon our
			 landscape-scale approach to quail restoration.
Code Change:
D1.01
page 121
2.
Recommended Change:
Temporarily close quail season on Harold
		  Alexander, Hope Upland, Jack Mountain, Little Bayou and Robert L. Hankins Mud
		  Creek WMAs
Justification:
In 2017, AGFC initiated intensive
		  habitat management on the above-listed WMAs; however spring point count data
		  show that quail numbers on these areas are currently very low. The AGFC quail
		  team recommends temporarily closing the hunting season on these 5 WMAs to allow
		  an adequate amount of time for the population to respond to applied land
		  management efforts. Once the density of quail reaches 0.33 birds/acre (1
		  covey/40 acres), based on fall covey count monitoring data, the hunting season
		  will be reopened with appropriate regulations implemented. However, the season
		  will be closed if 2 consecutive years of fall covey count data show the
		  population to have been reduced to &#8804; 0.17 birds/acre (0.5 covey/40
		  acres). It is critical that AGFC successfully demonstrate the absolute role
		  that habitat restoration plays in restoring quail numbers. By demonstrating
		  this success, AGFC will gain understanding and support from many citizens who
		  have been skeptical of restoring quail populations to the state. Seeing
		  physical successes can often lead landowners to create habitat on their
		  properties which is one of the goals of AGFC's quail restoration effort.
Code:
C1.05
page
113
3.
Recommended Change:
Limit
		  quail hunting to shotgun with no larger than a #2 shot.
Justification:
There are no clear firearm restrictions for the hunting of quail at this
		  time. This will set a definite policy for what is legal.
Code:
6.06
page
29
4.
Recommended Change:
Remove
		  the youth restriction for the special permit quail hunt On Camp Robinson SUA
		  and J. Perry Blue Mountain SUA
Justification:
These hunts could possibly increase
			 interest to a sport he or she may never have had a chance to experience. Code:
			 C1.05
page 113
5.
Recommended Change:
It is
		  proposed to add a new code to Chapter 18.00 of the AGFC Code of Regulations
		  specifically addressing the restriction to the harvest of wild turkey jakes.
Justification:
There is not currently a code
			 specifically addressing the restriction to wild turkey jake harvest as there is
			 for the restriction to wild turkey hen harvest. Creating this code will provide
			 uniformity when enforcing wild turkey harvest violations and afford managers
			 opportunity to assign consistent penalties to hen and jake harvests which
			 should create similar incentive among hunters to avoid this subset of the wild
			 turkey population thus improving gobbler carryover.
Code Change:
add 18.03
pages 34
6.
Recommended Change:
It is
		  proposed to clarify the verbiage in AGFC Code 11.03 regarding the take of wild
		  turkey jakes by youth during special youth turkey hunts by changing the last
		  sentence to read, "Youths may take one jake according to Addendum A1.02 and
		  Addendum C1.04." Currently the last sentence in the code reads, "During these
		  hunts jakes may be taken."
Justification:
The current wording in AGFC Code
			 11.03 leaves room to interpret that it may be legal to harvest more than one
			 jake during the statewide youth turkey hunt/hunts.
Code:
11.03
page
31
7.
Recommended Change:
Add a
		  youth permit Turkey hunt to Dr. Lester Sitzes III Bois D Arc WMA.
Justification:
Turkey population at Dr. Lester
			 Sitzes III Bois D Arc can support an additional limited youth hunt.
Code:
C1.04
page
104
8.
Recommended Change
: Allow
		  hunters to be assigned CITES tag instead of Temporary Alligator Possession Tag.
Justification
: Currently, hunters must first place a
			 TAPT on their harvested alligator before checking the alligator on-line. Once
			 checked on-line and confirmed a CITES tag is mailed to the hunter. This slows
			 the process of getting the CITES tag to the hunter in some case by as much as a
			 week after harvest. While the TAPT keeps a hunter legal in state it prevents
			 them from sending their alligator out of state for varying reasons
			 (taxidermist, tannery, processor or hide buyer) until the CITES is obtained
			 currently through the mail. Changing to assigning the CITES tag prior to the
			 hunt at either the workshop or mailing the tag to successful hunters would
			 expedite the checking process. This would also be consistent with the checking
			 procedures of other big game species. Successful hunters would still report
			 their harvest through the AGFC radio room as in years past and check their
			 alligator on-line within 12 hours. This would in turn provide quicker harvest
			 biological data as well as further reducing man hours expended on this hunt.
			 Allow 7 days after end of hunt to return unused CITES tags to be eligible for
			 hunt the following year.
Code
: 12.03
page
32
9.
Recommended Change:
This is
		  a code clarification that will prohibit any one under 16 from being eligible
		  for applying for an alligator hunts. It has always been discouraged for anyone
		  under 16 to apply to the alligator hunt even though it is not listed in the
		  codebook.
Justification:
Currently there are no age
			 restrictions in code for applying for permit or harvesting an alligator.
Code:
11.06
page
31
10.
Recommended Change:
Clarification of existing code for the sale of alligator meat, hide or
		  parts to individuals outside the state.
Justification:
Currently the code states that
			 Alligator meat or parts may not be sold or transferred outside the state
			 without prior written authorization from U.S. Fish and Wildlife Service. The
			 issue is that no one knew what "prior written authorization" meant. After
			 confirming with Captain Dunn of USFWS and confirming with CITES agent only
			 authorization from USFWS is requiring a CITES tag or reference to that CITES
			 tag number remain with all portions.
Code:
5.04
page
27
11.
Recommended Change:
Allow
		  limited alligator season in Alligator zone 2.
Justification
: Since
		  the first sport hunt in 2007 Zone 2 has been closed to all alligator sport
		  hunting. Zone 2 was originally closed to serve as a control for population
		  analysis along with the adjacent open zones. That control is no longer
		  warranted and justified. The alligator population has proven to be stable and
		  capable to support a limited hunt. Allowing a limited sport hunt would allow
		  Zone 2 sportsmen the opportunity to participate in Arkansas's alligator season.
		  Also serve as an opportunity to potentially address some nuisance alligator
		  situations. Annual population surveying would continue and adjustments would be
		  made accordingly if warranted.
Code
: A1.10
page
47
12.
Recommended Change:
Clarify
		  the code regarding possession of Alligator permit requirements.
Justification:
Anyone that possesses a crocodilian
			 species or attempts to participate in sport hunting activities must obtain and
			 possess the required permit and or special tag issued by the Commission. This
			 code already addresses the issue but the wording is a little confusing. Through
			 word editing the existing code it will allow clarification of the code.
Code:
12.02
page
32
13.
Recommended Change:
Change
		  cost of private land elk permits from $35 to $5 each. These permits will be
		  sold under the new license system.
Justification:
Change the cost of the private land
			 elk permits to be consistent with other species permit fees.
Code:
D1.01
page
123
14.
Recommended Change:
Eliminate the Elk Management Assistant Program (EMAP) for private lands.
		  Replace this program with an individual license base permit. All private land
		  elk permits will be sold on the new license system. Permits will cost $5 each.
		  Hunters who purchase a private land elk permit will have this option added to
		  their license. Once a permit is purchased, it will be up to the hunter to find
		  a landowner who will give them permission to hunt their property. The current
		  call in quota system will still be utilized in the future. All private land elk
		  permits will be issued for either sex elk. Once the bull quota has filled, all
		  permits will become antlerless only permits. Permits can be used on any private
		  lands (except in the Boxley Valley hunting exclusion zone) within the core elk
		  management zone.
Justification:
This change will greatly reduce the
			 number of man hours required to issue private land elk permits. All paper
			 applications have to be entered by hand with the current system. This creates a
			 burden on employees and leaves opportunity for administrative errors to occur.
			 Under the proposed system, all permits will be issued to hunters licenses. This
			 system will also allow for real time hunter data availability and violator
			 screening. It will also make it much easier for private land owners to obtain
			 permits for their property.
Code:
S1.02
page
129
15.
Recommended Change:
Clarification of Squirrel season on Ozark National Forest WMAs.
Justification:
Amend the Dog Restrictions on WMAs to prohibit dogs
		  from being used for squirrel hunting during the first nine days of modern gun
		  deer season on Lee Creek WMA.
Code:
22.01(12)
page
38
16.
Recommended Change:
Allow
		  the use of bone without viscera as an attractant while trapping.
Justification:
This was a request from Arkansas
			 Trappers Association that does not pose any negative impact.
Code:
17.01
page
33
17.
Recommended Change
:
		  Increase archery bear quota in Bear Zone 1 from 205 to 250 bears.
Justification:
For many years AGFC has been
			 operating under the management direction to stabilize the bear population
			 across the Ozarks. The current bear plan also recommends stabilization of the
			 Ozark Bear population. Over the past several years, there has been continued
			 expansion of bears into the Ozarks and "fringe" habitat that historically never
			 had sustainable populations which would suggest that harvesting bears at 10%
			 estimated population rate is not sufficient. Increasing the harvest rate
			 incrementally may very well be needed. An increase in harvest quota of 20%
			 would make a harvest target rate of 12-15% instead of 10%.
Code:
A1.08
page
46
18.
Recommended Change:
Exempt
		  certain state-owned WMA's within bear zone 1 that have permitted firearm deer
		  hunts from the bear zone 1 quota and allow bear to be harvested by permit
		  holders during those permitted firearm hunts. Those WMAs include: Ed Gordon
		  Point Remove, Harold E. Alexander Spring River, McIlroy Madison County, and
		  Scott Henderson Gulf Mountain.
Justification:
These WMAs typically have permitted
			 firearm hunts that fall outside the normal statewide season framework and most
			 of the time the bear quota for Zone 1 has already been met therefore
			 restricting the opportunity for any firearms hunting opportunities for bear on
			 those WMAs. By exempting them from the Zone 1 quota, it will allow some
			 firearms bear hunting opportunities on those WMAs by permit holders
			 only.
Code:
A1.08, C1.02
page
46
&
88
19.
Recommended Change:
Amend
		  Code 04.01
Game Animal/Bird Bag Limit and Possession Limit
to
		  reflect an enhanced penalty for violating bag limits on big game. It is
		  suggested that small game violations of this code remain Class 1 and big game
		  violations of this code become Class 3.
Justification:
It is now a class 1 violation to
			 harvest above the season bag limit on alligator, bear, elk, deer and wild
			 turkeys. Per the current code book, persons convicted of harvesting more than
			 the season bag limit for alligator, bear, deer, elk and wild turkey receive the
			 same fines/points as those convicted of harvesting, for example, 13 squirrels
			 in one day. Big game and small game are differentiated in Code 05.01 Hunting
			 Wildlife in Closed Season Prohibited, setting precedent for this proposed
			 change.
Code :
4.01
page
27
20.
Recommended Change:
Clarify
		  the code for burning on WMAs.
Justification:
This code currently makes it illegal
			 to burn metal cans, tinfoil, nails, etc. The non-combustible item that is
			 thrown into the fire is not being consumed by the fire and is most often left
			 for Agency staff or contractor to pick-up. Currently, the Wildlife Officer has
			 to see the campers leaving camp and the trash in the camp fire to be able to
			 write a ticket for littering.
Code:
19.06
page
34
21.
Recommended Change:
Change
		  the wording of season dates for most game, Corp property, NWRs and some
		  migratory bird as to eliminate the need to update this code annually and to
		  eliminate a redundant exception in C1.09.
Justification
: The current phrasing requires that
			 this code be updated every year, introducing sources of potential errors in the
			 Code that could make regulation enforcement difficult. By changing to language
			 that does not require annual review it will ease the regulation setting process
			 for staff and Commissioners.
Code
: A1.01-A1.10, B1.01-B1.07,
			 C1.01-C1.10 and C1.15
page 41- 121
22.
Recommended Change:
Clarify
		  the language in the requirements of a tag to be attached to harvest.
Justification:
The "special note" section was not
			 clarified in last year's changes to the regulations. This will clarify the
			 tagging not being necessary if hunter has checked and has that confirmation
			 number and is with the harvest. Also eliminate redundant wording to clarify the
			 code.
Code:
5.17
page
28
23.
Recommended Change:
Clarify
		  that failure to continue to meet the initial eligibility and application
		  requirements for wildlife rehabilitators is a cause for permit revocation or
		  non-renewal. Eliminate allowance for permanent retention of animals unable to
		  be released. Allow for temporary possession by a veterinarian of animals
		  undergoing rehabilitation. Restrict the conditions rehabilitators are allowed
		  to treat.
Justification:
These changes will clarify the conditions
		  under which rehabilitation permits will be revoked and that veterinarians can
		  provide medical care and temporarily possess animals (other than cervids and
		  bears) with conditions beyond the capability of rehabilitators to treat.
		  Allowing un-releasable animals to be retained by wildlife rehabilitators goes
		  against the primary purpose of this permit, which is to return healthy animals
		  to the wild. Rehabilitators generally provide limited care to injured or
		  diseased animals and in the interest of animals welfare we wish to make it
		  clear what the limits of such care are so as to avoid rehabilitators attempting
		  to undertake treatments that they are not qualified to perform.
Code:
F1.05, 9.12
pages
126
&
30
24.
Recommended Change:
In
		  2010, the USFWS certified Arkansas's new falconry regulations which were
		  written based on federal minimum guidelines for falconry. When the new
		  regulations were published in the Code Book in 2010, the requirement that
		  general and master class falconers must have a current hunting license was
		  accidentally omitted (it was included in all previous AGFC falconry
		  regulations).
Justification:
The requirement for apprentice class
		  falconers to possess a valid hunting license is listed in Addendum F.1.07. This
		  recommended change corrects the omission by placing the hunting license
		  requirement in the regulation itself and eliminates the need to include the
		  requirement in the addendum for each of the 3 classes of falconers.
Code:
9.15
page
31
25.
Recommended Change:
Eliminate code 14.03.
Justification:
This code is no longer needed due to
			 reference to Ivory Billed Woodpecker.
Code:
14.03
page
32
26.
Recommended Change:
Allow
		  youths that have successfully completed Hunters Education to be able to hunt
		  without a mentor during youth season.
Justification
: These youths hunt alone during the
			 regular gun season so restricting them to hunting with an adult one weekend
			 seems unnecessary.
Code
: 11.05
page
31
27.
Recommended Change:
Remove
		  reference to permit in regards to Geocaching
Justification:
The
		  Geocaching code M1.00 was updated last year and the reference to a permit was
		  left out of the revision.
Code
19.18
page
34
28.
Recommended Change:
Clarification of handgun code for the minimum barrel length and calibers
		  qualification.
Justification:
As this code is currently written it
			 is confusing of what handgun is legal for hunting based on the bore size and
			 barrel length. This will eliminate confusion of what is a legal handgun.
Code:
6.02 (4)
page
29
29.
Recommended Change:
Allow the use of certain big bore air rifles for hunting white-tailed
		  deer only during any open modern gun deer seasons.
Justification:
Currently there are 11 states that
			 allow the use of big bore air rifles for harvesting deer (AL, AZ, KY, MD, MI,
			 MO, MS, NC, SC, VA, VT) while two others are currently in the process of
			 legalizing their use (FL, TX). Much effort was employed by AGFC staff to better
			 understand the physics of big bore air guns, their ballistics as compared to
			 centerfire firearms, and their effectiveness for producing an ethical harvest
			 and retrieval of white-tailed deer. It is evident that there is a vast spectrum
			 of power, accuracy, and subsequent effectiveness of big bore air guns on the
			 market due to the variation in gun designs and the numerous designs and weights
			 of the bullets that they propel. Therefore, after analyzing the
			 information/data collected from these efforts and after reviewing regulations
			 of other states which allow big bore air rifles it was determined that the
			 minimum guidelines listed in the proposed code change (Code 6.02) would
			 consistently produce an effective kill "shot" for a white-tailed deer. In
			 addition big bore air rifles should be categorized as a modern gun firearm and
			 should be used in conjunction with corresponding modern gun deer season(s).
			 And, due to their limited effective distance, it is also suggested that big
			 bore air rifles be used in deer zones which limit the use of certain centerfire
			 rifles (Deer Zones 4, 4B, 5, and 5B). However, it is important to note that at
			 this time big bore air rifles are not subject to any federal excise tax, the
			 basic funding mechanism for state wildlife agency activities. This means no
			 portion of the proceeds from big bore air gun purchases (ammunition included)
			 contribute to the state wildlife conservation activities supported by Pittman
			 Robertson funds.
Code:
6.02
page
29
30.
Recommended Change:
For
		  clarification purposes, change wording in several codes regarding weapons
		  allowed and permits required on DeGray Lake WRA.
Justification:
DeGray Lake WMA staff contacted AGFC
			 to request these code clarifications for the public. The permit requirements
			 for hunts on the WRA were excluded and need to be included as well.
Code:
20.02(G), 20.07(A), 24.04(3)
pages 34,
			 36 & 40
31.
Recommended Change:
Add DeGray Lake WRA mobility-impaired
		  waterfowl hunt to the waterfowl hunting permit requirement list. Remove the
		  wording for a signed permit.
Justification:
The code does not state that a permit
			 is required to hunt waterfowl on the DeGray Lake WRA during the
			 mobility-impaired hunt. Remove the wording of signed due to the electronic
			 permits and license allowed now.
Code:
24.10
page
41
32.
Recommended Change:
Remove
		  Access permit requirement from U of A Pine Tree Experimental Station WDA
Justification:
With the implementation of the WMA
			 General Use Permit for all WMAs this permit is no longer needed. Also, several
			 things have changed on the WDA recently that makes the rules and regulations of
			 this WDA the same as most WMAs across the state. The specific rules will be
			 placed in the Area Notes in the General Hunting Guidebook each year.
Code:
20.07(A)
page
36
33.
Recommended Change:
Remove Youth Deer Permit hunt on Steve N. Wilson Raft Creek Bottoms WMA
		  and move to the first segment of statewide youth hunt.
Justification
: AGFC Staff has observed very little
			 participation in these permitted deer hunts since 2014. Through daily
			 observations, the Region 2 biologist staff has documented a growing deer
			 population that is responding very well to various types of habitats and
			 management practices. In order to maintain a quality deer herd on this WMA,
			 staff is recommending adding additional permits to increase deer harvest and
			 with the additional 1000 acres added to the WMA in 2015, staff also recommends
			 the removal of the weapon restrictions. Removal of this restriction should also
			 help increase participation in the permit hunt.
Code
: C1.13 (D), C1.01
page 120 &
			 83
34.
Recommended Change:
Remove weapon restrictions on Steve N. Wilson Raft
		  Creek WMA.
Justification:
Staff has observed very little
			 participation since 2014. Over the past 8 years the Region 2 biologist staff
			 has documented, through daily observations, a growing deer population that is
			 responding very well to various types of habitats and management practices.
			 With the additional 1000 acres added in 2015 staff recommends the removal of
			 the weapon restrictions.
Code:
20.02(A)
page
34
35.
Recommended Change
: Add a
		  doe to the modern gun deer season bag limit for opening weekend on Sylamore WMA
Justification
: On Piney Creek, Ozark National
			 Forest, White Rock and the Lee Creek
WMAs a doe is allowed during both muzzleloader seasons OR during
			 the opening weekend of modern gun. Sylamore does not include the opening
			 weekend of modern gun and thus this addition would standardize regulations on
			 the Ozark National Forest (north of I-40) and provides additional opportunity
			 for doe to be harvested on Sylamore WMA.
Code
: C1.01
page
49
36.
Recommended Change
: Extend
		  the muzzleloader deer hunt on Dr. Lester Sitzes III Bois d' Arc WMA for 2018-19
		  from the usual five day hunt to the third Saturday in October for 9 days.
		  Extend the modern gun deer hunt to the second Saturday in November for 9 days.
Justification:
Six years of data suggests than the
			 WMA has an average harvest of 33.3 deer during the permit hunts. I reasonably
			 suspect that the archery harvest is relatively minimal. Three years of
			 spotlight survey data suggest an average harvest of about 120 deer is needed
			 for this WMA. Taking this into consideration along with the results from the
			 APC conducted in 2013, this proposal is justified. Although the APC results
			 were based on a small sample size, they are indicative of a herd that is in
			 excess of the carrying capacity. There are no foreseen conflicts with the dates
			 or any negative impacts to the hunting opportunity for small game or waterfowl.
			 No negative feedback from the hunters is anticipated. This change will provide
			 more hunter opportunity and hopefully higher harvest numbers.
Code:
Addendum C1.01
page 61
37.
Recommended Change:
Change
		  the deer muzzleloader mobility impaired permit hunt on Lake Greeson WMA from
		  the second Thursday and Friday in October to the Thursday and Friday Prior to
		  the first Saturday in November.
Justification:
The Corps of Engineers has a deer
			 muzzleloader mobility impaired permit hunt and has requested these date
			 changes.
Code:
Addendum C1.01
page
70
38.
Recommended Change:
Remove the deer permit requirements for Cut Off Creek and Little Bayou.
Justification:
Due to limited permit sales it is
			 recommended to remove the permit requirements along with the loss of acreage
			 due to timber company sale.
Code:
C1.13
page
57
39.
Recommended Change:
Increase youth season bag limit to four deer, (two bucks and two
		  antlerless) for Loafer's Glory
Justification
: This will make it consistent with the
			 other WMAs in this area: Buffalo National River, Gene Rush and Bearcat
			 Hollow.
Code
: C1.01
page
72
40.
Recommended Change
:
		  Inholdings of private land on a WMA may be eligible for WMA permits.
Justification
: Currently, private land owners within
			 a WMA that have 12 violation points are not eligible for WMA permits to hunt on
			 their private land. This will allow those owners of private land to be able to
			 receive permits to hunt on their own property.
Code
: 1.00-L (B)
page
25
41.
Recommended Change:
Clarify
		  the language in the Bonus deer tags.
Justification:
the Deer
		  Management Assistance Program tags, Private land CWD Management tags and the
		  Special Urban Deer Hunt must be placed on deer upon harvest regardless of the
		  checking process.
Code:
5.17 (E)
page
28
42.
Recommended Change
: Clarify
		  that hand feeding of wildlife within the CWD management zone is to exclude all
		  game animals.
Justification:
Clarification is needed to code to
			 reduce confusion. As it is written any game animal may be fed by hand except
			 alligators within the CWD management zone.
Code
: 07.06 (10)
page
30
43.
Recommended Change:
As a
		  result of additional positives add five more counties to CWD zone (Benton,
		  Washington, Crawford, Franklin, and Sebastian).
Justification
:
		  Additional positives have resulted in the need to add the following counties to
		  the CWD zone: Benton, Crawford, Franklin, Sebastian and Washington. To manage
		  CWD prevalence and distribution in Arkansas, specific regulations should be
		  implemented where the disease is known to occur. Amendment 35 states that the
		  AGFC must manage by zone, therefore a CWD management zone will need to be
		  created. Counties will be included in this zone if a wild or captive cervid has
		  tested positive for
CWD. In addition, portion of a county is within a 10-mile radius
			 of a wild or captive cervid that has tested positive for CWD, the entire county
			 is included in the CWD management zone. The 10-mile radius is based on research
			 which examined dispersal of male fawn and yearling white-tailed deer from their
			 natal home ranges. Research demonstrated movement distances of 1-15 miles on
			 average is common; however, deer movements of distances greater than 50 miles
			 have been documented. Oyer et al., (2007) documented a yearling female
			 traveling a cumulative distance of 287 miles and as far as 60 miles in a
			 straight-line distance in a research project conducted in south-central
			 Wisconsin. Although this animal was not found to be infected with CWD, its
			 movements serve as a cautionary tale of the potential for individuals to move
			 long-distances and, if infected, to spread prions across the landscape.
Code
: E1.12
page
125
44.
Recommended Change:
Remove
		  antler restrictions from the following WMAs: Beaver Lake, Blue Mountain,
		  Cherokee (areas within the CWD zone) Cherokee Prairie Natural Area, Dardanelle,
		  Fort Chaffee, Frog Bayou, Galla Creek, Garrett Hollow Natural Area, H.E.
		  Flanagan Prairie Natural Area, Howard Hensley Searcy County, Hobbs State
		  Park-Conservation Area, J. Perry Mikles Blue Mountain SUA, Jones Point, Loafers
		  Glory, Mount Magazine, Nimrod/Lloyd Millwood, Ozark Lake, Petit Jean River,
		  Rainey, Scott Henderson Gulf Mountain, Slippery Hollow Natural Area and
		  Wedington
Justification
: During Phase I of AGFC's CWD
			 response, sampling results revealed an overall prevalence rate of 23% inside
			 the CWD Focal Area in Newton County. Of these, 32% of all sampled bucks were
			 positive for the disease. This finding of higher disease prevalence in males
			 vs. females is common with CWD, though exceptions exist. Based on this finding,
			 it is reasonable to focus treatment in the CWD Management Zone on increased
			 removal of the highest prevalence group (males) by removing antler-point
			 restrictions. This will allow more bucks of all age-classes to be harvested.
			 Based on several models of CWD in white-tailed deer, long term male-focused
			 harvest is projected to be the best harvest-based method to stabilize or reduce
			 CWD prevalence over a period of 25-100 years. Additionally, male-removal is
			 projected to slow dispersal of CWD, as yearling males are well documented to
			 disperse over long distances, possibly carrying infectious pathogens in the
			 process. This treatment mechanism is intended to reduce the number of infected
			 individuals in the population and shift the population to include fewer males.
			 This management strategy represents a difficult trade-off between popular
			 trophy buck management strategies and having healthy, stable populations. This
			 management strategy should not be expected to yield short-term results but must
			 be implemented consistently over a period of decades
Code: C1.14, C1.01
page 120 & 49
45.
Recommended Change:
Remove
		  3-Point Rule from the CWD Management Zone counties.
Justification
: During Phase I of AGFC's CWD
			 response, sampling results revealed an overall prevalence rate of 23% inside
			 the CWD Focal Area in Newton County. Of these, 32% of all sampled bucks were
			 positive for the disease. This finding of higher disease prevalence in males
			 vs. females is common with CWD, though exceptions exist. Based on this finding,
			 it is reasonable to focus treatment in the CWD Management Zone on increased
			 removal of the highest prevalence group (males) by removing antler-point
			 restrictions. This will allow more bucks of all age-classes to be harvested.
			 Based on several models of CWD in white-tailed deer, long term male-focused
			 harvest is projected to be the best harvest-based method to stabilize or reduce
			 CWD prevalence over a period of 25-100 years. Additionally, male-removal is
			 projected to slow dispersal of CWD, as yearling males are well documented to
			 disperse over long distances, possibly carrying infectious pathogens in the
			 process. This treatment mechanism is intended to reduce the number of infected
			 individuals in the population and shift the population to include fewer males.
			 This management strategy represents a difficult trade-off between popular
			 trophy buck management strategies and having healthy, stable populations. This
			 management strategy should not be expected to yield short-term results but must
			 be implemented consistently over a period of decades.
Code
: E1.12, 15.01
pages
125
&
33
46.
Recommended Change:
Establish a tier-based, carcass movement restriction for the CWD
		  Management Zone. Tier 1 (Counties: Boone, Carroll, Madison and Newton) and Tier
		  2 (Counties: Benton, Crawford, Franklin, Johnson, Logan, Pope, Searcy, Marion,
		  Sebastian, Yell, Washington and Van Buren.
Justification:
One of the primary goals of CWD
			 management is to minimize the rate of disease spread to uninfected areas. The
			 carcasses of animals infected with CWD may contain large quantities of prion,
			 especially in the lymphatic and nervous system tissues. Movements of these
			 tissues are considered a risk for CWD transmission and disease spread. In 2005,
			 AGFC implemented a carcass importation ban from CWD positive states and
			 provinces in order to protect the state's cervid populations from contact with
			 infectious material. With the discovery of CWD in Arkansas, this regulation was
			 expanded to include movement of these same materials from within the CWD
			 Management Zone to areas in the state where CWD is not currently known to occur
			 to reduce the risk of disease establishment in those areas. This regulation
			 allows some lower-risk tissues, such as antlers and cleaned skulls, meat with
			 all bones removed, cleaned teeth, hides, and finished taxidermy products, to be
			 transported from within the CWD Management Zone to other areas in
			 Arkansas.
This proposal of a tier-based system would restrict the movement
			 of entire carcasses from those counties with a higher apparent prevalence to
			 areas with a lower apparent prevalence and remaining counties of Arkansas where
			 CWD has not been identified (i.e. Newton County deer carcass being transported
			 to Sebastian County). Tier 1 Counties: carcasses would be allowed to move
			 within these counties, but not into Tier 2 Counties or any other county in
			 Arkansas. Tier 2 Counties: carcasses would be allowed to move within other Tier
			 2 counties, Tier I counties, but not outside the CWD Management Zone.
Code:
5.26, E1.12
page
28
&
131
47.
Recommended Change:
Liberalize and make deer season structure more consistent across the CWD
		  zone.
Justification
: One of AGFC's goals is to stabilize
			 CWD prevalence within areas known to have this disease. There is a strong
			 correlation between deer density and CWD prevalence; therefore, deer densities
			 should be reduced in and near areas known to be infected. In an effort to
			 reduce the potential spread of CWD, stabilize its prevalence, and make
			 regulations within the CWD Management Zone more consistent and easier to
			 communicate to the public, it is suggested that bag limits be made consistent
			 across the CWD Management Zone.
Code
: A1.01
page
43
48.
Recommended Change:
Add Cox
		  Cypress and Grand Cypress Lakes to the exceptions in Common Restriction A code.
Justification:
These two bodies of water on George
			 H. Dunklin Jr. Bayou Meto are popular for fall and winter fishing and was
			 overlooked to be included in Common Restrictions A code.
Code:
C1.12
page
117
49.
Recommended Change:
Clarify
		  with stronger language in Common Restriction A that during the regular duck
		  season that boats may not be launched any earlier than 2:00 a.m. and that boats
		  must remain occupied in boat staging areas from 2.00 a.m. until 4:00 a.m.
Justification:
With deployment of boat restrictors,
			 some waterfowl hunters leave their respective boats in boat staging areas
			 unattended for extended periods in an attempt to claim a spot in line for
			 leaving that morning.
Code:
C1.12 (1)(a)
page
117
50.
Recommended Change:
Code
		  clarification to add exception to Shirey Bay Rainey Brake for boat motor and
		  time restriction for non-waterfowl hunters.
Justification:
Shirey Bay, Horseshoe Lake and Hill
			 Slough are popular fishing and boating areas. This exception will allow
			 non-hunting boaters to utilize motors over 25 horsepower for fishing and
			 non-hunting activities on these waterbodies.
Code:
24.03
page
39
51.
Recommended Change:
Clarify
		  in code 24.09 the list of WMAs required for the nonresident permits and add
		  Freddie Black Choctaw Island and Ozan that were omitted from the code. Clarify
		  time period of permit to be from the first day of first segment of regular duck
		  season to the last day of the last segment of regular duck season.
Justification:
License requires each WMA to be listed to purchase
		  a permit for and therefore each WMA must be listed. Freddie Black Choctaw
		  Island and Ozan were inadvertently left out of this regulation, this will
		  correct this mistake.
Code:
24.09, D1.01
pages
40
&
123
52.
Recommended Change:
Include National Refuges in the boating restrictions and clarify section
		  (B) and (C) of 20.27
Justification:
At the request of Refuge
			 Administration they would like to be included in the reckless boating codes to
			 provide another tool for Federal and State Officers to deal with the "boat
			 races". Section B and C was not amended to cover all the Commission owned or
			 controlled instead it refers to "the WMA's listed above" which does not exist
			 any longer.
Code:
20.27
page
37
53.
Recommended Change:
Clarify
		  the definition of a resident.
Justification:
The current definition of the term
			 "Resident" has limited explanation about the criteria for a person to establish
			 Arkansas residency. The proposed revisions clarify that: a natural person must
			 have established domicile in Arkansas for at least 60 days; children younger
			 than 18 are presumed to have same resident status as their custodial parent or
			 legal guardian unless otherwise documented; applicants for Commission-issued
			 licenses, permits, and tags have the burden of proving their resident status;
			 certain types of documentation may be considered for demonstrating proof of
			 residency; and list resident permits, licenses and tags that require an
			 applicant to provide proof of Arkansas residency for one (1) continuous year.
Code:
1.00-C
page
22
54. White-fronted, Snow, Blue,
		  Ross's and Canada goose season.
Geese: Oct. 27-29, Nov. 17- Dec. 23, 2018 and Dec. 25, 2018- Jan.
			 27, 2019
Justification:
White-fronted goose hunting has grown
			 in popularity in recent years, and many of these geese arrive several weeks
			 before typical opening dates. This season segment would provide additional
			 early hunting opportunity for white-fronted geese. Seasons for other geese
			 would be opened concurrently to avoid confusion and reduce potential for
			 violations.
Code:
B1.09, B1.10, B1.11, B1.14
page
			 48
55. Youth
		  Season
Dates: Dec. 1, 2018 and Feb. 2, 2019
Justification:
Split youth waterfowl hunting days
			 offer two chances for these opportunities to occur during good weather and
			 habitat conditions, and these proposed dates are both on days when youth will
			 be out of school.
Code
: B1.13
page
49
56. Duck season opening:
Traditional Dates
: Nov. 17-25, Dec. 6-23, Dec. 26,
			 2018 -Jan. 27, 2019
Justification: Justification:
These
			 recommended dates are the same as the past few years with a three-segment
			 season with the first segment starting on the Saturday before Thanksgiving and
			 then closing on the last Sunday in January which is the latest possible date
			 allowed by the U.S. Fish and Wildlife Service framework.
Code:
B1.08
page
48
Additional Waterfowl
57.
Recommended Change
: Change
		  time to be off water on WMAs from 12:00 p.m. to 1:00 p.m.
Justification:
This change will allow walk in
			 hunters to be able to get off the area after shooting hours have ended.
Code
: 24.01
page
39
58.
Recommended
		  Change
: Remove restrictions on waterfowl bag limits on George Dunklin
		  Jr. Bayou Meto WMA
Justification
: This code is no longer needed and
			 removing this restriction will increase hunting opportunity for waterfowl
			 hunters.
Code
: B1.08
page
48
2019
DEER SEASON OPENING DATES
Deer (archery):
Sat., Sept. 28, 2019
			 (4th Sat. in Sept. annually)
Deer (muzzleloader):
Sat., Oct. 19, 2019
			 (3rd Sat. in Oct. annually)
Deer (modern gun):
Sat., Nov. 9, 2019
			 (2nd Sat. in Nov. annually)
Deer (youth):
November 2-3, 2019 and Jan. 4-5,
			 2020(First Saturday in
November and First Saturday in January
)
Deer (antlerless only):
Oct. 12-16, 2019
			 (2nd Sat. in Oct. annually)
Affected Codes 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.
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 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:
[BULLET]
Big Bayou Meto upstream from Arkansas
			 Highway 11;
[BULLET]
Plum Bayou upstream from U.S. Highway
			 79;
[BULLET]
Little Maumelle River upstream from Pinnacle
			 Mountain State Park;
[BULLET]
Maumelle River upstream from Lake Maumelle
			 Dam;
[BULLET]
Fourche LaFave upstream from Arkansas
			 Highway 113;
[BULLET]
Palarm Creek upstream from Interstate
			 40;
[BULLET]
Cadron Creek upstream from the weir;
[BULLET]
Point Remove Creek upstream from Arkansas
			 Highway 113;
[BULLET]
Petit Jean River upstream from Pontoon Boat
			 Ramp at Arkansas Highway 154;
[BULLET]
Illinois Bayou upstream from Russellville
			 Waterworks Dam;
[BULLET]
Big Piney and Little Piney creeks upstream
			 from Arkansas Highway 359;
[BULLET]
Horsehead Creek upstream from Interstate
			 40;
[BULLET]
Mulberry River upstream from Interstate
			 40;
[BULLET]
Frog Bayou upstream from Arkansas Highway
			 162 and Lee Creek upstream from Lee Creek Dam,
[BULLET]
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 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 on-line 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 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 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 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 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 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 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
- Two or more persons hunting
			 together.
HYBRID 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 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 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 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
			 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 natural person whose domicile currently
		  is in Arkansas and has been for at least sixty (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 (i) resides in the state
		  only for a special or temporary purpose including, but not limited to, engaging
		  in hunting, fishing, or trapping, or (ii) 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:
(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) 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 not limited to:
(i) Possession of a valid
		  Arkansas driver's license or official, state-issued Arkansas identification
		  card;*
(ii) Possession of a valid
		  Arkansas vehicle registration in the applicant's name and display of current
		  Arkansas license tags on the applicant's vehicle:*
(iii) Two documents bearing the applicant's
		  current name, and address, not issued by himself or herself, including but not
		  limited to:
1. Arkansas voter registration
		  card;* and
2. Income tax returns
		  issued by the Internal Revenue Service and/or the State of
		  Arkansas.
(iv)
		  Documentation from a college or university in Arkansas verifying that the
		  applicant currently is enrolled as a fulltime student;
(v) Documentation from any branch of the
		  United States Military or the duty station or unit in Arkansas; and
(vi) 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 sixty (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 one (1)
		  continuous year:
(i) All Non-Expiring Lifetime
		  Licenses and Permits (D1.01);
(ii)
		  Resident Special Guide License (3.14);
(iii) Alligator Farmer/Dealer Permit
		  (33.01);
(iv) Alligator Snapping
		  Turtle Breeder/Dealer Permit (34.02)
(v) Commercial Fisherman's Permit &
		  Sportfishing License (30.01) ;
(vi)
		  Commercial Fisherman's Helper Permit (30.01);
(vii)  Junior/Senior Commercial Fishing
		  Permit (31.01);
(viii) Resident
		  Shell Taker/Seller's License (31.01);
(ix) Shell Taker Helper Permit
		  (31.01);
(x) Shell Buyer's License
		  (31.01);
(xi) Resident Fish Dealer
		  License (31.01);
(xii) Resident Roe
		  Taker/Seller Permit (30.17)
(xiii)
		  Resident Roe Taker/Helper Permit (30.17); and
(xiv) Resident Roe Buyer/Exporter Permit
		  (30.18)
(e) The director
		  or his 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.
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 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 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)
(b) the Commission on-line deer,
		  elk, bear and turkey checking Web site and mobile applications;
(c) Commission online alligator checking
		  website;
(d) 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
		  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.