(2) Saline River
and backwaters from Stillion Railroad Bridge in Ashley and Bradley Counties to
State Hwy 4 Bridge in Bradley County closed all year to gill and trammel nets.
(D) The following counties are closed year
around to commercial fishing unless noted open in Section A or other 41.00
codes:
Baxter, Benton, Boone, Carroll, Clark, Cleburne, Cleveland,
Conway, Crawford, Faulkner, Franklin, Fulton, Garland, Grant, Hot Spring,
Howard, Independence, Izard, Logan, Johnson, Madison, Marion, Montgomery,
Newton, Perry, Pike, Polk, Pope, Saline, Scott, Searcy, Sebastian, Sevier,
Sharp, Stone, Van Buren, Washington and Yell counties. When a river or stream
forms the boundary between opened and closed counties, that boundary segment
shall be open to tackle legal in the open county, unless closed in other 41.00
and 44.00 codes.
EXCEPTION:
(1) That part of Saline River south of Hwy 24
in Howard and Sevier counties open year around to hoop
nets.
PENALTY: $100.00 to $1,000.00.
41.05
RESIDENT COMMERCIAL FISHING
PERMIT REQUIREMENTS.
It shall be unlawful to purchase commercial tackle tags or to
operate commercial tackle without first obtaining a current Resident Commercial
Fishing Permit and Sportfishing License and to fail to furnish a bill of sale
with pennit number to fish markets, processors, or retailers for fish or parts
thereof sold in each transaction. Said bill of sale shall be retained by the
purchaser for a period of twelve (12) months and made available for inspection
by a Commission Wildlife Officer. EXCEPTION:
(1) Applies only to the first sale of
commercial fish or parts thereof.
(2) Individuals under age 16, or age 65 or
over, will be required to purchase an Arkansas Resident Junior/Senior
Commercial Fishing Permit only if they plan to sell commercial species
offish.
(3) A person with a Helper
Permit in his immediate possession may operate the properly tagged tackle of a
licensed commercial fisherman.
PENALTY: $100.00 to $1,000.00.
41.05 (A)
RESIDENT ROE TAKER/SELLER
PERMIT REQUIREMENTS.
It shall be unlawful to take, sell, or possess paddlefish (also
called spoonbill catfish), sturgeon, or bowfin or their parts including eggs
(roe) without first obtaining a current Resident Roe Taker/Seller Permit. A
commercial fishing license is required to purchase a Resident Roe Taker/Seller
Permit.
Exception:
(1) A person with a Resident Roe Taker Helper
Permit may harvest or assist in the harvest of paddlefish, sturgeon, or bowfin
when in the immediate presence of a permitted Roe Taker/Seller.
(2) Sport fishermen in compliance with Code
31.01B.
(3) Permitted fish farmers
in compliance with Code 42.10.
PENALTY: $500 to $1,000 and privileges may be
suspended in accordance with Code 11.05, Revocation of Privileges.
41.05 (B)
RESIDENT
ROE BUYER/EXPORTER AND NON-RESIDENT ROE BUYER/EXPORTER PERMIT
REQUIREMENTS.
It shall be unlawfull to buy or export across the stateline
paddlefish, sturgeon, or bowfin or their parts including eggs (roe) for without
first obtaining a current Resident Roe Buyer/Exporter Permit or Non-Resident
Buyer/Exporter Pennit, as applicable. Licensed commercial fishermen who hold
current Resident Roe Buyer/Exporter Permit may also take paddlefish, sturgeon,
and bowfin in accordance with applicable season, size, and tackle
regulations.
Exception:
1. Sportsmen in compliance with Code
31.01B.
2. Permitted fish farmers
in compliance with Code 42.10.
PENALTY: $500 to $1,000 and privileges may be
suspended in accordance with Code 11.05, Revocation of Privileges.
41.05 (C)
ROE BUYER/EXPORTER REPORTING
REQUIREMENTS. Resident Roe Buyers/Exporters or Non-Resident Roe
Buyers/Exporters must submit monthly, on or before the 16'^ of the month,
reports of roe buying transactions for the preceding month, on forms provided
by the Commission. Resident Roe Buyer/Exporters must also report their take of
roe. Failure to maintain accurate records will result in permit revocation and
no renewal. These forms shall be completed at the time of purchase and made
available for inspection by Arkansas Game and Fish personnel at any reasonable
time.
PENALTY: $500 to $1,000 and privileges may be
suspended in accordance with Code 11.05, Revocation of
Privileges.
41.06
PURCHASE OF WILD COMMERCIAL FISH RESTRICTIONS. It shall be
unlawful for fish markets, processors, or retailers to purchase commercial fish
taken from the waters of the state without first obtaining a bill of sale from
the seller for each transaction. Said bill of sale must indicate the pennit
number of the seller.
EXCEPTION:
(1) Business establishments preparing fish
for immediate consumption on the premises.
PENALTY: $100.00 to $500.00
41.10
COMBINING COMMERCIAL FISHING AND
SPORTFISHING PROHIBITED. It shall be unlawful for a commercial fisherman
to sport fish in the same waters where he is engaged in commercial fishing.
EXCEPTION:
(1) When fishing slat traps
only.
PENALTY: $100.00 to $1,000.00.
41.11
POSSESSION OF GAME FISH BY
COMMERCIAL FISHERMEN PROHIBITED. It shall be unlawful for commercial
fishermen to possess game fish while engaged in commercial fishing or while
possessing commercial tackle or commercial fish.
EXCEPTIONS:
(1) Catfish
sixteen (16) inches or more in length.
(2) Alligator Gar.
(3) In compliance with Commission Code 41.10
(Combining Commercial Fishing and Sport Fishing Prohibited).
(4) Bream for bait.
(5) In compliance with Commission Code 41.12
(Undersized Commercial Fish Prohibited).
(6) In compliance with Commission Code 42.01
(Fish Farmer Permit Requirements).
PENALTY: $100.00 to $1,000.00 and fishing privileges
may be suspended in accordance with Code 11.05, Revocation of
Privileges.
41.12
UNDERSIZED
COMMERCIAL FISH PROHIBITED. It shall be unlawful for commercial
fishermen to possess catfish or buffalo fish less than 16 inches in length or
paddlefish, sturgeon, and bowfin of any size taken from public waters.
EXCEPTION:
(1) Twelve (12) inch blue and channel catfish
only may be taken in waters specified in Section
41.24.
(2) Holders of a current Resident Roe
Taker/Seller Permit or Resident Roe Buyer/Exporter Permit in compliance with
Code 41.05 (A) or Code 41.05 (B) may possess paddlefish in excess of 30 inches
in body length (increased to 32 inches effective 1 November 2002) measured from
front of eye to fork of tail, or less than 24 inches (increased to 26 inches
effective 1 November 2002) blocked out (head removed immediately behind gills),
sturgeon, or bowfin when in season.
PENALTY: $100.00 to $1,000.00 and fishing privileges
may be suspended in accordance with Code 11.05, Revocation of
Privileges.
41.13
COMMERCIAL FISHING BY NON-RESIDENTS PROHIBITED.
41.27
COMMERCIAL FISHING RESTRICTIONS
IN BLUE MOUNTAIN AND NIMROD LAKES. It shall be unlawful to commercial
fish in Nimrod Lake other than Noon, October 1 to Noon, March 1 and Blue
Mountain Lake other than from Noon, October 1 to Noon, March 1. All common carp
caught must be removed from these lakes. Commercial fishermen must register
prior to fishing with the local district fisheries biologist and must submit
monthly catch records to the local district fisheries biologist by the 15th of
the following month. Legal sized gill and trammel nets or larger
only.
PENALTY: $100.00 to $1,000.00 and revocation of
commercial fishing privileges in Blue Mountain and Nimrod Lakes for
noncompliance with requirements.
41.28
AP&L NUCLEAR POWER PLANT (LAKE DARDANELLE) COMMERCIAL FISHING
RESTRICTIONS. It shall be unlawful to fish commercially in the AP&L
Nuclear Power Plant discharge bay from November 1 through March 1.
PENALTY: $100.00 to $1,000.00.
41.29
COMMERCIAL FISHING RESTRICTIONS
IN POINT REMOVE AND CADRON CREEKS. It shall be unlawful to use gill or
trammel nets with a square bar mesh less than three and one-half (3 1/2) inches
nor hoop nets with a square bar mesh less than two and one-half (2 1/2) inches
during the commercial fishing season beginning noon September 30 to noon May 1
on the following creeks:
(1) Cadron Creek -
from its mouth to Highway 287 on its east fork in Faulkner County.
(2) North Cadron Creek - from its mouth to
Highway 285 in Faulkner County.
(3)
Point Remove Creek - from its mouth up the east fork to Highway 95 and the
Kissire Bridge on the west fork in Conway County.
PENALTY: $100.00 to $1,000.00.
41.30
PADDLEFISH POSSESSION
RESTRICTIONS ON BORDER WATERS.
It shall be unlawful to commercially take or possess paddlefish,
also called spoonbill catfish, or possess paddlefish parts including egg on
that part of the White River, from Hwy 67 bridge at Newport, upstream to Dam 1
at Batesville from January 1 through May 31; and on the following border waters
with Louisiana from November 1 through April 30: 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 Eriing 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.
PENALTY: $100.00 to $1,000.00.
41.38
HARVEST RESTRICTION OF STURGEON
IN MISSISSIPPI RIVER.
It shall be unlawful to commercially take or possess sturgeon
from the Mississippi River, including the Arkansas River to Dam #2 and the
White River to Montgomery Point Lock and Dam.
PENALTY: $100.00 to $1,000.00.
41.39
CLOSED PADDLEFISH STURGEON, AND
BOWFIN HARVEST SEASON
It shall be unlawful to take or possess paddlefish (also called
spoonbill catfish), sturgeon, or bowfin, or their parts including eggs (roe)
during the period of noon May 1 to noon, November 1.
EXCEPTION:
(1) Permitted Resident Roe Buyers/Exporters
and permitted Non-Resident Roe Buyers may possess processed roe only with
proper reports of transactions described in Code 41.05(C).
(2) Sportfishermen In compliance with Code
31.01B.
(3) Permitted fish farmers
in compliance with Code 42.10.
PENALTY: $500 to $1,000 and privileges may be
suspended in accordance with Code 11.05, Revocation of Privileges.
Section 42.00
Fish Farmer
Regulations
42.00-A
FISH FARMER
DEFINED. A Fish Farmer shall mean any person, firm, or corporation
engaged in the propagation or production of aquatic wildlife on property owned
or controlled by said farmer.
42.01
FISH FARMER PERMIT REQUIREMENTS. It shall be unlawful for fish
farmers to culture and/or sell aquatic wildlife without first obtaining a Fish
Farmers Permit annually. A Fish Dealer License is required to sell minnows
retail unless sold on property where minnows are grown.
PENALTY: $100.00 to $1,000.00.
42.02
FISH FARMER SALES RECORDS
REQUIREMENTS. It shall be unlawful for fish farmers to fail to maintain
legible records indicating sales and shipments and to reveal said records to a
Commission Officer for inspection upon request.
PENALTY: $100.00 to $1,000.00.
42.03
FISH FARMER BILL OF LADING
REQUIREMENTS. It shall be unlawful for fish farmers to fail to furnish
bill of lading or bill of sale as specified herein:
(A) A bill of sale or true bill of lading
must be immediately supplied to each purchaser of fish indicating the species,
number "or weight" of fish sold, name of purchaser and name and permit number
of fish farmer making transaction and accompany shipment to final
destination.
(B) The name and
address of the consignor and consignee must be indicated on a true bill of
lading for fish shipped or transported in intrastate commerce.
(C) The original fish farmer's permit number
must be indicated on each and every bill of sale, invoice or bill of lading
covering each fish transaction.
PENALTY: $100.00 to $1,000.00.
42.04
FISH FARMER TACKLE REQUIREMENTS.
It shall be unlawful for fish farmers to use or transport illegal
commercial tackle without first complying with Commission Code 42.01 (Fish
Farmer Permit Requirements).
PENALTY: $100.00 to $1,000.00.
42.05
TRANSPORTATION OR SALE OR WHITE
CRAPPIE OR UNDESIRABLE AQUATIC WILDLIFE PROHIBITED. It shall be unlawful
fish for farmers to transport, sell or deliver White Crappie (Pomoxis
annularis) in excess of 6 (six) inches in length, or any fish or minnows
designated as undesirable species (Ref: Commission Code 32.13 Certain Exotic
Fish Prohibited) by the Commission.
PENALTY: $100.00 to $1,000.00.
42.06
RAISING FISH IN CONFINEMENT
RESTRICTED. It shall be unlawful to raise any species of fish in
confinement in public waters without first registering such operation with the
Commission and complying with Commission Code 42.01 (Fish Farmer Permit
Requirements).
PENALTY: $100.00 to $1,000.00.
42.07
FISHING IN CAGED FISH
CONFINEMENTS PROHIBITED. It shall be unlawful to fish or otherwise
disturb fish contained in fish confinements for production or rearing of said
fish.
PENALTY: $100.00 to $1,000.00.
42.08
OPERATING LAKES AS A FISH FARM
PROHIBITED.
It shall be unlawful to operate a lake as a fish farm without
having adequate control structures to prevent the inflow of water from adjacent
streams, creeks, bayous, or rivers and without first removing all wild fish
present in compliance with a plan submitted by the applicant and approved by
the Chief of Fisheries.
PENALTY: $100.00 to $1,000.00.
42.09
REARING OR SALE OF NON-NATIVE
FISH SPECIES. It shall be unlawful to engage in the rearing or sale of
non-native fish species without first registering in writing as a vendor of
said species with the Director of the Arkansas Game and Fish Commission.
EXCEPTION:
(1) List of all known and approved non-native
fish with the state. List available from Fisheries Division.
(2) All fish intended strictly for aquarium
hobbyist trade.
PENALTY: $350.00 to $1,000.00.
42.10
PADDLEFISH, STURGEON, AND BOWFiN
ROE REGULATIONS.
It shall be unlawful for a fish farmer to sell or buy paddlefish
(also called spoonbill catfish), sturgeon, or bowfin or their parts including
eggs (roe) without first obtaining a Resident Roe Taker/Seller Permit, Resident
Roe Buyer/Exporter Permit, or a Non-Resident Roe Buyer Permit as applicable in
accordance with Code 41.05. Fish farmers in possession of a Resident Roe
Buyer/Exporter Permit, or a Non-Resident Roe Buyer Pemriit will be required to
follow the reporting requirements as stated in Code 41.05.
PENALTY: $500 to $1,000 and privileges may be
suspended in accordance with Code 11.05, Revocation of
Privileges.
