01.00-C
DEFINITION OF TERMS.
For the purposes of the Arkansas Game and Fish Commission Code of Regulations,
the following terms shall be construed, respectively, to mean and include:
respectively, to mean and include:
AQUACULTURE SPECIES - Any species listed on the
Approved Aquaculture Species List (available from the Fisheries Division) and
species not listed but allowed under Unlisted or Restricted Species Possession
Permits. 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 the State of 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 the State of 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 or 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 ELK - Any elk (male or female) not
meeting requirements to be a legal bull elk
AQUATIC WILDLIFE - Aquatic Snails, Aquatic Turtles,
Crayfish (Crawfish, Crawdads), Fish (including Minnows), Frogs, Mussels and
Salamanders.
ARKANSAS RIVER BOUNDARY (Sportfishing Only): The
Arkansas Post Canal from Lock and Dam #1 to the Arkansas River and the Arkansas
River from Dam #2 upstream to the Oklahoma state line including all lakes, bays
and tributary streams accessible by boat from the main channel except that
portion of Big Bayou Meto upstream from Hwy 11, Plum Bayou upstream from Hwy
79, Little Maumelle River upstream form Pinnacle State Park, Maumelle River
upstream from Lake Maumelle Dam, Fouche LaFave upstream from Hwy 113, Palarm
Creek upstream from Interstate 40, Cadron Creek upstream from the weir, Point
Remove Creek upstream from Hwy 113, Petit Jean River upstream from Pontoon Boat
Ramp at Hwy 154, Illinois Bayou upstream from Russellville Waterworks Dam, Big
Piney and Little Piney Creeks upstream from Hwy 359, Horsehead Creek upstream
from Interstate 40, Mulberry River upstream from Interstate 40, Frog Bayou
upstream from Hwy 162 and Lee Creek upstream from Lee Creek Dam, and from the
first non-navigable shoal for streams entering the Arkansas River along the
left bank ascending from Lake Dardanelle Dam to the Oklahoma State Line.
ARTIFICIAL LURE/FLY - Terminal fishing tackle made
by the method of fly tying, or made entirely of rubber, wood, metal, glass,
feathers, hair,
synthetic fibers, or plastic, with hook attached.
BAG LIMIT - The number of species allowed to be
taken in a time period -
24 hours (12 o'clock midnight to 12 o'clock midnight) unless
otherwise specified.
BAITFISH - Minnows (including bluntnose minnows,
bullhead minnows,
chubs, crayfish, dace, fatheads, common carp under 6 inches,
small goldfish,
shiners and stonerollers), logperch (also called sand pike or
zebra minnows),
shad, gar (other than alligator gar), drum, bowfin under 6
inches, skipjack herring, silversides (brook and inland), buffalo (bigmouth,
smallmouth and black), river carpsucker, sculpin (banded and Ozark) and bream
4" and under.
BAITING - The direct or indirect placing, exposing,
depositing,
distributing, or scattering of salt, grain, or other feed that
could serve as a lure or attraction for wildlife to, on, or over any areas
where hunters are attempting to take them.
BIG GAME - Alligator, bear, deer, elk and
turkey.
BLACK BASS: Largemouth bass, redeye bass, smallmouth
bass, and spotted bass.
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 (see Code 39.04
for restrictions).
BREAM - Any species of the genus Lepomis, including
bluegill, redear,
warmouth and other sunfish.
BUCK - A male deer (See LEGAL BUCK
definition).
BUCK DEER SEASON - Any deer season whereby no deer
other than legal buck deer may be taken.
BULL ELK (legal) - Any elk having at least one
antler visible above the hairline.
BUY - To purchase, barter, exchange, or trade and
includes 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.
CASE - A container specifically designed for the
purpose of housing a gun which completely encloses such gun by being zipped,
snapped, buckled, tied or otherwise fastened with no portion of the gun
exposed. CARCASS - The body of a dead animal.
CATCH-AND-RELEASE - The requirement that fish of a
designated species musts be immediately released into the water where caught.
CERVID - A member of the family Cervidae.
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 taking or attempting to take such game animals or
wildlife through the possession or use of any killing devices.
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.
CITY, COUNTY, STATE, OR FEDERALLY MAINTAINED ROAD
-Any road graded or otherwise repaired by any city, county, state, or
federal agency in the state of Arkansas.
CLEAN - Having no meat matter or tissue attached to
the carcass part. COMMERCIAL FISH - Bowfin (over 6 inches),
buffalo, catfish, carp, drum, gar, paddlefish, sucker family, white amur and
sturgeon. COMMERCIAL FISHERMAN - Any person who fishes with tackle
designated as commercial tackle requiring a license and/or tag issued by the
Commission.
COMMERCIAL WILDLIFE PERMIT(S) - Shall be a term
construed to identify each and/or all of the following permits: Alligator
Farmer/Dealer Permit, Alligator Snapping Turtle Breeder/Dealer Permit, Resident
Shell Taker and Seller Permit, Shell Buyer Permit, Non Resident Shell Buyer
Permit, Resident Roe Taker/Seller Permit, Resident Roe Buyer/Exporter Permit,
Non-Resident Roe Buyer Permit, Resident Fur Dealer Permit, NonResident Fur
Dealer Permit, Special Commercial Quail Permit, Game Bird Shooting Resort
Permit, Wildlife Hunting Resort Permit, Wildlife Breeder/Dealer Permit and
Wildlife Translocation Permit. COMMISSION - The Arkansas State
Game and Fish Commission, unless otherwise designated.
COMPUTER ASSISTED HUNTING - The use of a computer or
any other device, equipment or software to remotely control the aiming an
discharge of a firearm, bow or crossbow to kill wildlife located in the state
of Arkansas.
DEFERRED HUNTER EDUCATION - Shall be a term whose
abbreviation (DHE) when dealer imprinted on an Arkansas hunting license/permit
defers completion of hunter education certification while said license/permit
is valid.
DISABLED - Any individual who is 100% permanently
and totally disabled as declared by the following federal agencies: the United
States
Social Security Administration, the United Department of
Veteran's Affairs,
or the United States Railroad Retirement Board.
DOE - A female deer.
DOE DEER SEASON - Any deer season whereby a doe may
be taken.
DROWNING SET - Any leg hold trap that utilizes one
or more of the following techniques to retain the target animal in water of
suitable depth for drowning. These are:
(1) a slide wire with lock; (2) tangle stake; or (3)
drowning weight.
DUCKS (includes the following species) -
All species of Teal, Merganser,
Whistling Duck and Scaup; American Wigeon, American Black
Duck,
Bufflehead, Canvasback, Gadwall, Goldeneye, Mallard, Mottled
Duck,
Northern Shoveler, Redhead, Ring-necked Duck, Ruddy Duck,
Northern
Pintail and Wood Duck.
EITHER-SEX - A male or a female.
EITHER-SEX DEER SEASON - Any deer season whereby a
doe or a legal buck may be taken.
ENCLOSE - To surround species of wildlife on all
sides 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 - any wildlife species or
subspecies endangered or threatened with extinction listed by the U. S.
Department of
Interior and the following native species hereby designated in
Arkansas:
MAMMALS:
Gray bat (Myotis grisescens), Indiana
bat (Myotis sodalis), Ozark big-eared bat
(Corynorhinus townsendii ingens. BIRDS:
Bald eagle (Haliaeetus leucocephalus),
least tern (Sterna antillarum), Bachman's warbler
(Vermivora bachmanii), red-cockaded woodpecker
(Picoides borealis), ivory-billed woodpecker
(campephilus principalis) REPTILES:
American alligator (Alligator
mississippiensis). Currently listed as threatened due only to
similarity in appearance to the American crocodile (Crocodylus acutus)
FISHES:
Ozark cavefish (Amblyopsis rosae),
leopard darter (Percina pantherina),
pallid sturgeon (Scaphirhyncus albus);
MOLLUSKS:
Scaleshell mussel, Curtis' pearly mussel, (Epioblasma
florentina curtisi), fat pocketbook pearly mussel
(Potamilus capax), pink mucket mussel
(Lampsilis abrupta), turgid blossom mussel
(Epioblasma turgidula), speckled pocketbook mussel
(Lampsilis streckeri), Arkansas fatmucket mussel
(Lampsilis powelli), winged mapleleaf mussel
(Quadrula fragosa), Magazine Mountain shagreen land
snail (Inflectarius magazinensis);
scaleshell mussel (Leptodea leptodon),
Ouachita rock pocketbook mussel (Arkansia
wheeleri);
ARTHROPODS:
Cave crayfish (Cambarus zophonastes) and
(Cambarus aculabrum; INSECTS:
American burying beetle (Nicrophorus
americanus); PLANTS:
Geocarpon minimum (no common name),
pondberry, (Lindera melissifolia), Missouri bladderpod
(Lesquerella filiformis), Harperella
(Ptilimnium nodosum), Eastern prairie fringed orchid
(Platanthera leucophaea), running buffalo clover
(Trifolium stoloniferum); FEE LAKE - A
lake in which there is a charge for fishing privileges. All persons 16 years of
age and older must possess an Arkansas fishing license. Daily limits
apply.
FERAL HOG - Any hog (Sus scrofa), including Russian
and European wild boar, which is roaming freely upon public lands and is living
in a wild or feral state.
FIREARMS, LOADED - Firearms shall be considered to
be loaded if shells or cartridges are in either the chamber, magazine, or
cylinder; percussion cap muzzle-loading firearms are considered loaded if the
percussion cap is on the nipple; flintlock muzzle-loading firearms are
considered to be loaded if there is powder in the flashpan. Electronic pulse
ignition muzzeloaders are considered to be loaded if the ignition circuit is
charged.
FISH or FISHING - To lure, attract, collect, or
pursue fish species or aquatic wildlife for the purpose of taking or attempting
to take such fish species or aquatic wildlife by any method.
FISH FARM - Waters and adjacent premises confined
within a pond, tank, or lake not connected with public waters, and under
management by a commercial fish farmer.
FISH FARMER - Any person, firm, partnership or
corporation engaged in the propagation and/or production of crawfish, fish
and/or minnows for sale. FREEFLOATING FISHING DEVICE - Any
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 (civet cat), striped skunk and weasel.
GAFFING FISH - Taking or attempting to take fish
with a hand held or handled hook prior to being caught on hook and line.
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 BIRDS - Turkey, quail, pheasant, chuckar, and
all birds classified by the U. S. Fish and Wildlife Service as migratory game
birds. GAME BIRD SHOOTING RESORT - Any person, firm, or
corporation engaged, for pay or other consideration, who provides pen-raised
birds for harvest by hunters.
GAME FISH - Alligator gar, black bass, white bass,
striped bass, striped bass hybrid, crappie, catfish, trout, bream, sunfish,
goggle-eye, walleye,
northern pike, muskellunge, sauger, paddlefish, and
pickerel.
GEOCACHE - Items in a container (cache) placed or
hidden for individuals to subsequently find using a Global Positioning
Satellite (GPS)
receiver device.
GEOCACHING - An outdoor sport, similar to "high-tech
treasure hunting", involving use of a Global Positioning Satellite (GPS)
receiver device to find a cache.
GUIDE - Any 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.
HIGH FENCE ENCLOSURE - An enclosure that contains an
area of at least 500 contiguous acres, with at least sixty percent (60%) 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 eight (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 sixty percent (60%) 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 - To search for, pursue, chase,
track, lure, attract, or lie in wait of game animals or other wildlife for the
purpose of taking or attempting to take such game animals or wildlife by any
method.
HUNTING PARTY - Two or more persons hunting
together.
IMPORT - To land on, bring into, or introduce into
any place within the jurisdiction of the State of Arkansas.
IMPORTATION - To ship, convey, carry or transport
wildlife into or through the state by any means.
JAKE - Sub-adult turkeys having all of following
characteristics:
a) longer central tail feathers, b) outermost 1 or 2 wing
feathers lacking white barring all the way to the tip and c) a beard six (6)
inches or less in length.
KILLING DEVICE - Any firearm, bow and arrow,
crossbow, pellet gun,
or any other device 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 buck having both antlers under two
inches (including button buck) or at least one antler with at least three
points including the main beam, each a minimum of one inch long. (Ref: Code
21.03)
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.
MIGRATORY BIRDS - All birds protected by the federal
Migratory Bird
Treaty Act of 1918 and subsequent amendments.
MIGRATORY GAME BIRDS - Coots, crows, doves, ducks,
gallinules or moorhens, geese, rails, snipe and woodcock.
MINIMUM LENGTH LIMIT - The shortest length of a
fish, of a designated species, measured from the front of the lower jaw with
the mouth closed to the tip of the tail with tail lobes pressed together, that
an angler may keep. All fish not meeting the minimum length requirement for a
particular water or species must be immediately released into the water where
caught.
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 - Individuals who are mobility
impaired in accordance with criteria on the Game and Fish application for the
mobility impaired card.
NATIVE WILDLIFE - Those species and sub-species of
wildlife that have established, naturally reproducing, free-ranging, wild
populations within the state of Arkansas.
NIGHT - thirty (30) minutes after sunset to thirty
(30) minutes before sunrise.
NONGAME WILDLIFE - all wildlife other than
furbearing or game animals, birds and fish.
NON-RESIDENT - Any person not defined as resident.
NOODLING - The taking of fish by the use of hook or
snare type device,
with or without an attached line no longer than 4 feet in length,
manipulated by hand when a person is in or under the water.
NUISANCE WILDLIFE - Any wild animal creating a
problem by committing damage to personal property (Depredation Permit
available).
NUISANCE FURBEARING ANIMALS - Beaver, muskrat, and
nutria.
OPEN SEASON - that season during which protected
wildlife may be lawfully taken.
PEN-RAISED QUAIL - Quail that are hatched from eggs
of quail raised in captivity in pens or cages.
PERSON - Any individual, firm, corporation,
association, or partnership in singular or plural as the context
requires.
POSSESS or POSSESSION - To have under control. The
manual or ideal custody of wildlife or anything that may be the subject of
property, for one's use and enjoyment, either as owner or as the proprietor of
a qualified right in it, and either held personally or by another who exercises
it in one's place and name. Possession includes the act or state of possessing
and that condition of facts under which one can exercise his power over a
corporeal thing at his pleasure to the exclusion of all other persons.
Possession includes constructive possession, which means not actual but assumed
to exist, where one claims to hold by virtue of some title, without having
actual custody.
PROTECTED SLOT LIMIT - A species/size limit which
prohibits anglers from keeping fish within a designated size group, and
requires fish of that size and species to be immediately released into the
water where caught.
PROTECTED WILDLIFE - All wildlife in the state
unless a declared open season has been established by the Commission.
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 - Any migratory bird of the Order
Falconiformes or the Order
Strigiformes and Ciconiiformes Family Cathartidae.
REHABILITATION - The practice of 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.
RESIDENT - Any person who physically inhabits a bona
fide residence within Arkansas for a period of time no less than 60 days, and
declares themselves to be a full-time resident of Arkansas. Additional facts to
be considered in establishing proof of current Arkansas residency are:
(1) Possession of a valid current Arkansas
issued Driver's License or Arkansas issued I.D. Card.
(2) Possession of a valid Arkansas vehicle
registration in their name and displaying current Arkansas license tags on
their vehicle.
(3) Other
documentation may be taken into consideration to verify proof of Arkansas
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 they live out of state.
EXCEPTIONS:
(A) The
following students, carrying proof of full-time enrollment in schools, colleges
or universities while hunting or fishing in Arkansas, are eligible to purchase
annual or trip resident license privileges:
(1) Residents of Arkansas enrolled as
full-time students in colleges and universities outside of Arkansas.
(2) Non-residents enrolled as full-time
students in colleges and universities in Arkansas.
(3) Non-resident foreign exchange students
attending school in Arkansas.
(4)
Resident foreign exchange students attending school outside of
Arkansas.
(B) The
following military personnel are eligible to purchase annual or trip resident
license privileges:
(1) Active-duty military
personnel assigned to duty stations in Arkansas.
(2) Active-duty military personnel who were
Arkansas residents at the time of entering service, regardless of where
currently stationed.
(C)
Proof of at least one (1) year residency must be provided when applying for the
following licenses:
$1,000 Sportsman's permit, Resident Disabled 3-Year
Licenses, Special Guide License, Alligator Farmer/Dealer
Permit, Alligator
Snapping Turtle Breeder/Dealer Permit, Commercial
Fisherman's Permit & Sportfishing License, Commercial
Fisherman's Helper Permit, Junior/Senior Commercial
Fishing
Permit, Resident Shell Taker/Seller Permit, Shell Taker
Helper
Permit, Shell Buyer, Resident Fish Dealer, Resident Roe
Taker/Seller Permit,
Resident Roe Taker Helper Permit and Resident Roe
Buyer/Exporter Permit.
(D) Proof of at least three (3) years
residency must be provided when applying for the following licenses:
65 Plus Lifetime License. The Director or his representative
shall make the final determination as to resident status of any license
applicant.
ROUGH FISH - Gars, bowfin, common carp, asian carp
(grass carp, bighead carp, silver carp), suckers (including buffalo) and drum.
SELL - To exchange or deliver for money or its equivalent; to
offer for sale, barter, exchange, or trade or the act of selling, bartering,
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.
SMALL GAME - Furbearers, migratory birds, quail, rabbit and
squirrel. SNAGGING - A method of taking fish using conventional
rod and reel tackle where the fish is impaled by the forceful retrieval of one
or more hooks.
SNAGLINE - Commercial tackle consisting of a
horizontal line with hooks or drops less than 24 inches apart.
SIMULATED WING MOVEMENT DECOYS - Electronic,
mechanically-operated, wind-powered or manually-powered blade devices that
simulate wing movement, except for kite devices. TACKLE - Any rod,
reel, pole, line, net, yo-yo, seine, or any other apparatus or device used to
take fish.
TAKE - To shoot, kill, injure, trap, net, snare,
spear, catch, capture, or reduce to possession.
TAXIDERMY - The art of preparing, stuffing and/or
mounting of wildlife and parts thereof.
TRANSLOCATION - To ship, convey, carry or transport
wildlife from one location to another by any means, including importation,
exportation, interstate and intrastate movement.
TRAP OR TRAPPING - To use a device such, as a
clamp-like apparatus that closes, noose or cable restraint device (snare), for
the purpose of catching and holding animals.
TROUT - Any members of the Salmonidae family
including rainbow trout, brown trout, brook trout, lake trout and cutthroat
trout. WATERFOWL - All wild species of ducks, geese
and swans. WATERS OF THE STATE - All streams, lakes, sloughs,
bayous, marshes, or any other water wholly or partially within the State. Pay
lakes and fish farms are excluded from the above. 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.
WILDLIFE CHECK STATION - An official wildlife check
station is a Commission designated (1) county check station, (2) Commission
employee, (3) deer camp or (4) Commission on-line checking web site
http://www.agfc.com.
WILDLIFE HUNTING RESORT - A Wildlife Hunting Resort
is any facility, location, business or operation that is engaged in offering
the opportunity to hunt or attempt to hunt captive wildlife other than
pen-raised game birds.
WILDLIFE MANAGEMENT AREA (WMA) - Designated areas
set aside by the Commission and distinguished by certain markers and considered
a separate zone with regard to wildlife regulations. (Referred to as "WMA",
"Waterfowl Rest Area (WRA)", "Wildlife Demonstration Area (WDA)", "Special Use
Area (SUA)", "State Park-Conservation Area (SP-CA)" or "National Wildlife
Refuge (NWR)".
ZONE - Any area defined or delineated by the
Commission where hunting and/or fishing activities are regulated for that
specific area.
Section 15.00
Captive Wildlife and
Commercial Wildlife Resorts
15.01
POSSESSION OF CERTAIN WILDLIFE IN CAPTIVITY
PROHIBITED. It shall be unlawful to possess alive, hold
captive,
confine or enclose any wildlife, including fish, whether
native or non-native, migratory or imported, unless authorized or excepted as
specified herein. EXCEPTIONS:
(1)
The carcass of any furbearer, game
animal, game bird or game fish legally taken during a declared open
season.
(2)
Commission employees in the performance of their authorized
duties.
(3)
Wildlife,
except those mentioned in (4) of this sub-section, may be possessed and held
captive in compliance with the following regulations of this section:
(a)
15.02, Captive Non-Native
Wildlife;
(b)
15.05,
Commercial Wildlife Hunting Resort;
(c)
15.06, Game Bird Shooting
Resort;
(d)
15.07,
Wildlife Breeder/Dealer;
(e)
15.08, Special Commercial Quail Permit;
(f)
15.12, Wildlife
Rehabilitation;
(g)
15.13, Mountain Lion Permit;
(h)
15.14, Native Wildlife Pets;
(i)
15.15,
Falconry
(4)
Fish, bullfrogs, mussels, aquatic turtles and alligators may be
possessed and held captive in compliance with the following Code
Sections:
a.
Section 36.00, Bull
Frog Regulations;
b.
Section 37.00, Baitfish
Regulations;
c.
Section 38.00, Fresh Water Mussel Regulations;
d.
Section
39.00, Aquatic Turtle
Regulations;
e.
Section 40.00, Alligator Farming Regulations;
f.
Section
41.00, Commercial Fishing
Regulations;
g.
Section 42.00, Fish Farmer Regulations.
(5)
Organizations that are accredited
members of the American Zoo and Aquarium Association (AZAA).
(6)
Individuals or organizations may
be permitted to possess and hold captive on a temporary basis captive-reared
mallards, pen-raised quail, coyote, fox or raccoon for the sole purpose of dog
training or conducting field trials sanctioned by the American Kennel Club
(AKC), National Field Retriever Association (NFRA), North American Hunting
Retriever Association (NAHRA), Hunting Retrievers Club (HRC), United Kennel
Club (UKC), Professional Kennel Club (PKC), or American Coon Hunters
Association (ACHA) upon requesting and receiving written approval from the
Chief of the Wildlife Management Division.
(7)
Individuals or organizations that
are determined by this Agency to be involved in bona fide scientific research,
education or conservation efforts of significant benefit to wildlife, or
wildlife habitat, in the State of Arkansas may be permitted to possess and hold
captive wildlife in compliance with the terms of a special permit issued by the
Chief of Wildlife Management Division.
(8)
Individuals or organizations with
a U. S. Department of Agriculture (USDA) Wildlife Exhibition Permit may possess
and hold captive wildlife allowed by that permit. Holders of this permit are
not exempt from subsequent regulations in Section 15.
(9)
Individuals or organizations
possessing a valid U.S. Fish and Wildlife Service migratory bird permit may
possess migratory birds in compliance with the terms of that permit. Holders of
these permits are not exempt from subsequent regulations in Code 15. Holders of
U.S. Fish and Wildlife Service Raptor Propagation Permits are not required to
obtain Commission Wildlife Breeder/Dealer Permits to propagate or distribute
raptors.
(10)
The
following species of wildlife are considered exempt from rules regarding
captive wildlife in Commission Codes 15.02, 15.07 and 15.10: Buffalo
(Bos bison), Emu (Dromaius novaehollandiae),
Llama (Lama glama), Muscovy duck (Cairina moschata), European
domestic ferret (Mustela putorius), Hamster
(Mesocricetus auratus, Phodopus campbelli, Phodopus sungorus,
Cricetulus griseus, Phodopus roborovskii), Guinea pig (Cavia
porcellus), Ringneck dove (Streptopelia risoria),
Gerbils (Subfamily Gerbillinae), common white mice and common white rats, and
Wolf/Dog hybrids.
PENALTY: $250.00 to $2,000.00.
(1)
Any wildlife possessed in
violation of this code section may be declared contraband and subject to
immediate seizure.
(2)
Upon conviction, or before if so ordered by a court having legal
jurisdiction, title to the wildlife shall be forfeited to the Commission and
released or disposed of in accordance with Commission policy.
(3)
Any person convicted of violating
this regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment or wildlife seized in connection with the
violation.
(4)
Any
person convicted of violating this regulation shall be liable for the costs of
any and all tests and/or examinations of the illegal wildlife and shall be
liable for the costs of destruction and/or disposal of the illegal wildlife, as
is deemed necessary by the Commission for the protection of native
wildlife.
15.02
CAPTIVE NON-NATIVE WILDLIFE.
(A)
It shall be unlawful to possess as personal pets captive non-
native wildlife not excepted under Commission regulation
15.01, Possession of Certain Wildlife in Captivity Prohibited, unless the
possessor can produce written documentation that such wildlife has been
certified by an accredited veterinarian to be free of diseases/parasites that
may pose adverse risk to native wildlife.
(B)
It shall be unlawful to possess
mountain lions (Puma concolor) except in compliance with
Commission Codes 15.07 (Breeder/Dealer Permit) or 15.13 (Mountain Lion
Permit).
(C)
Tigers,
African Lions and all species of bears may only be kept in compliance with
Sections 501-511 of Title 20, Chapter 19, of the Arkansas Code or in compliance
with Commission regulation 15.07, Wildlife Breeder/Dealer
Permit.
EXCEPTION:
(1)
Wildlife listed in Commission Code
15.01 Exception 10.
PENALTY: $500.00 to $2,000.00.
(1)
Any person convicted of violating
this regulation shall be liable for the costs incurred in the storage, care,
and maintenance of any equipment, wildlife, and/or fish seized in connection
with the violation.
(2)
Any person convicted of violating this regulation shall be liable for
the costs of any and all tests and/or examinations of the illegally possessed
wildlife, and shall also be liable for the costs of destruction and/or disposal
of the illegally possessed wildlife, as is deemed necessary by the Commission
for the protection of native wildlife.
15.03
RELEASE OF WILDLIFE PROHIBITED.
It shall be unlawful to
release any species of wildlife into the wild without
prior written approval from the Arkansas Game and Fish Commission. The
Commission or its designees are authorized to recapture or shoot to kill any
wildlife to protect the health and safety of the public or Arkansas' wildlife,
whether kept legally or illegally, that escapes from or is illegally released
from captivity. EXCEPTIONS:
(1)
In accordance with a valid Game Bird Shooting Resort Permit specially
relating to captive raised quail, pheasant, chukar and
mallards.
(2)
AGFC
personnel in the performance of their official duties.
(3)
Native wildlife, other than
mountain lions, in accordance with a valid Commission Wildlife Rehabilitation
Permit or a United States Fish and Wildlife Rehabilitation
Permit.
(4)
Individuals or organizations may be permitted to possess and hold captive on a
temporary basis raccoon, fox, coyote, captive-reared mallards, pen-raised
quail, or ringneck pheasant for the sole purpose of dog training or conducting
field trials sanctioned by the American Kennel Club (AKC), National Field
Retriever Association (NFRA), North American Hunting Retriever Association
(NAHRA), Hunting Retrievers Club (HRC), United Kennel Club (UKC) or American
Coon Hunters Association (ACHA) upon requesting and receiving written approval
from the Chief of the Wildlife Management Division.
(5)
Individuals or corporations
possessing a valid federal/state Falconry permit may release raptors in
accordance with all federal and state falconry regulations.
PENALTY: $500.00 to $5,000.00.
(1)
Any person convicted of violating
this regulation shall be liable
for the costs accrued by this Agency in the recapture,
including all man-hours of Commission personal, storage and care of any
released and/or recaptured wildlife in connection with the
violation.
(2)
Any person convicted of violating this regulation shall be liable
for the costs of any and all tests and/or examinations of
the released wildlife and shall be liable for the costs of destruction and/or
disposal of the released wildlife, as is deemed necessary by the Commission for
the protection of native wildlife.
15.04
HUNTING OF CAPTIVE WILDLIFE
PROHIBITED.
(A)
It shall be
unlawful to hunt any wildlife held captive, enclosed
or confined.
(B)It shall be unlawful to introduce or release any wildlife
into
any situation in which it is held captive, enclosed or
confined
for the purpose of hunting such wildlife.
EXCEPTIONS:
(1)
In
compliance with regulation 15.05, Commercial Wildlife Hunting
Resort.
(2)
In
compliance with regulation 15.06, Game Bird Shooting Resort.
(3)
Captive-reared mallards possessed
in compliance with Code Section
15.00 may only be taken by the
use of shotgun with live ammunition during sanctioned American Kennel Club
(AKC), National Field Retriever Association (NFRA), North American Hunting
Retriever Association (NAHRA), or Hunting Retrievers Club (HRC) retrieving dog
field trials by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit
from the Commission and complying with the terms of the
permit.
(4)
Captive-reared mallards possessed in compliance with Code Section
15.00 may only be taken by the
use of shotgun with live ammunition while training waterfowl retrievers by
first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the
Commission and complying with the terms of the permit.
(5)
Facilities containing only red
fox, gray fox and coyote (fox pens).
(6)
Native game animals, except black
bear and elk, may be hunted in enclosures for non-commercial purposes without a
Commercial Wildlife Hunting Resort Permit, provided it is done in accordance
with all statewide hunting regulations, including bag limits and license
requirements.
(7)
In
accordance with Commission Code 18.09, Depredation Permit
Requirement.
PENALTY: $500.00 to
$2,000.00
15.05
COMMERCIAL WILDLIFE HUNTING RESORT. It shall be unlawful for any person
to operate or maintain a commercial wildlife
hunting resort for pay, or other consideration, without
first obtaining a Commercial Wildlife Hunting Resort Permit from the Arkansas
Game and Fish Commission. Commercial Wildlife Hunting Resort Permits
for
new facilities for the hunting of any member of the
cervidae family shall not be issued after June 30, 2006.
(A)
Eligibility and
Application Requirements:
(1)
A Commercial Wildlife Hunting
Resort Permit shall not be issued to any person, firm or corporation until the
applicant has demonstrated satisfactory compliance with the following
requirements:
(a)
The applicant
shall be at least 18 years of age and shall not have been convicted of, or
entered a plea of, guilty or nolo contendere for violating any federal, state
or municipal law governing captive wildlife, illegal appropriation or
commercialization of wildlife, or cruelty to animals within five (5) years of
the date of application.
(b)
The applicant shall provide to the Commission, in writing, proof from
the county judge or sheriff and any municipal planning commission or board with
jurisdiction, stating that the applicant's hunting resort shall be in
compliance with all applicable local ordinances. Said proof of compliance shall
be submitted with the application.
(c)
An application for the permit must
be submitted in writing on a form supplied by the Commission.
(d)
A separate application shall be
made for each facility.
(2)
The requested permit shall be
denied if:
(a)
The applicant
fails to meet any of the issuance criteria set forth in this Code
section;
(b)
The
applicant fails to disclose material information required, or has made false
statements as to any material fact in connection with the application, or has
supplied false information or made a false statement on the
application;
(c)
The
Commission finds, through further inquiry or investigation, the issuance of the
permit may be potentially harmful to the wildlife resources of the
State.
(B)
Permit
Requirements:
(1)
Native game animals, except black bear, may be hunted within Commercial
Wildlife Hunting Resorts in accordance with statewide hunting regulations and
license requirements. Such high-fence enclosures shall
be equal to, or greater than, 500 contiguous acres of free
range and having a fence of not less than eight (8) feet in height around the
perimeter.
(2)
Deer and elk may be hunted within Commercial Wildlife Hunting Resorts
with any legal method of take for deer or elk hunting from October 1 through
February. Bag limits do not apply. Elk permit not required.
(3)
There shall be no cross fencing
that has the effect of reducing the size of the area to less than 500
contiguous acres. Said high-fenced enclosure shall have a minimum of sixty
percent (60%) forested cover that has been classified as timberland by the
local county tax assessor.
(4)
High-fence enclosures operated for
commercial purposes must obtain a Commercial Wildlife Hunting Resort Permit
from the Commission sixty days prior to initiation of hunting and notify the
Commission upon any change of ownership or enclosure size.
(5)
Taking, attempting to take,
chasing, herding or corralling deer or elk with dogs within a commercial
wildlife hunting enclosure is prohibited.
(6)
Hunting of non-native wildlife
within a high-fence enclosure is prohibited.
(7)
The perimeter fencing of a
high-fence enclosure must be clearly defined with signs posted at minimum
intervals of 300 feet and bearing the words, "Commercial Wildlife Hunting
Resort". Such signs must be yellow with black letters that are at least 4
inches in height.
(8)
All Cervids held captive under this permit that die, including those harvested
by hunters, shall be tested for chronic wasting disease by The Arkansas
Livestock and Poultry Commission at the expense of the permit holder. The
permit holder shall submit the results of such testing to the Arkansas Game and
Fish Commission within 7 days of receipt.
(9)
Permit holders whose facilities,
including enclosures, pens and cages, are not in compliance with this Code
section shall be notified in writing and shall have ten (10) days to correct
the violation.
(10)
If the violation has not been corrected in ten (10) days this Agency may revoke
any existing permit and may refuse to issue any future permit to the violator.
Such revocation or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
(C)
Reporting and Record
Keeping Requirements:
(1)
It shall be unlawful for owners or operators of commercial wildlife
hunting resorts to fail to keep legible and complete records showing the name
and current address of each hunter. Said records shall also reflect the date,
number of wildlife and sex of each wildlife taken by each
hunter.
(2)
Records
shall include evidence of legal possession of all wildlife kept under this
permit, including licenses, bills of sale, bills of lading, receipts, invoices,
or other satisfactory evidence of ownership. Said records shall also include
the date of acquisition, place of origin, and the name, address and telephone
number of the person from whom the wildlife was acquired.
(3)
All records must be either typed
or written in plain and legible English and must be retained throughout the
time the wildlife is possessed by the permittee or for a period of five (5)
years, whichever is longer.
(4)
Permit holders shall submit a
completed Commercial Wildlife Hunting Resort Harvest Report to the Commission
no later than May 1 of each year. Said report shall be submitted on a form
provided by the Commission.
(D)
Disease Testing and
Control:
(1)
The
Director of the Arkansas Game and Fish Commission, in consultation with the
Director of the Arkansas Livestock and Poultry Commission, or their designees,
shall determine mechanisms and procedures for control of diseases and parasites
in captive wildlife within the state of Arkansas. Such mechanisms and
procedures shall include, but not be limited to, examination, testing,
quarantine and slaughter or destruction of individual animals and/or herds that
are, or in the opinion of the Commission may be, infected with a disease or
parasite that may have significant detrimental effect on native wildlife, other
captive wildlife, livestock or the public health of the citizens of the state
of Arkansas.
(2)
Such
examinations, testing, quarantine and slaughter of captive wildlife shall be
conducted at the expense of the owner of such wildlife. As a condition of any
permit issued under this Code chapter, the Commission may require the captive
wildlife be quarantined for a period specified by the
Commission.
(E)
Facility and Caging Requirements:
(1)
All wildlife possessed in
captivity shall be maintained in enclosures, pens, or cages that are
sufficiently strong to
prevent escape of the wildlife and that will protect the
wildlife from injury.
(2)
Enclosures, pens and cages shall
be kept in good repair at all times and gates shall be securely fastened with
latches or locks. Enclosures, pens, or cages considered unsafe or inadequate by
Commission personnel shall be repaired or reconstructed within ten-days of
notification, or sooner if so ordered by the Commission.
(3)
Permit holders whose facilities,
including enclosures, pens and cages, are not in compliance with this Code
section shall be notified in writing and shall have ten (10) days to correct
the violation.
(4)
If
the violation has not been corrected at the end of ten (10) days this Agency
may revoke or suspend any existing permit and may refuse to issue any future
permit. Such revocation, suspension or refusal to issue a future permit shall
be in addition to any criminal charges that may be filed.
(F)
Inspection:
(1)
Any person issued a Commercial
Wildlife Hunting Resort Permit shall allow entry, at any reasonable hour, to
employees or agents of the Commission upon premises where the permitted
activity is conducted.
(2)
Each permittee shall pen the captive wildlife in suitable pens and
restrain them for inspection, at a reasonable time, when requested to do so by
an employee or agent of the Commission.
(3)
Commission employees or agents may
enter such premises to inspect the location, books, records, or permits
required to be kept and any wildlife and/or facilities kept under authority of
said permit.
(G)
Permit Renewal, Transfer, Suspension And
Revocation:
(1)
Permits may be revoked by this Agency for failure to comply with the terms of
the permit or with the terms of this Commission Code section.
(1)
Persons in violation of the terms
of this permit, violation of the Commission Codes, or upon conviction of
associated regulations of the U. S. Fish and Wildlife Service, shall be
notified in writing of such violations and shall have twenty days to respond
with just cause as to why their permit should not be suspended or
revoked.
(2)
If, at
the end of the twenty-day period, just cause has not been given, this Agency
may suspend or revoke any existing permit held by the violator and may refuse
to issue any future permit to the violator. Such suspension, revocation or
refusal to issue a future permit shall be in addition to any criminal charges
that may be filed.
(2)
Upon revocation, permit holder must legally remove all captive wildlife
within the time designated in the revocation, not to exceed sixty (60) days,
and failure to do so shall result in the Commission taking action, per
Commission policy, at the permit holder's expense. EXCEPTION:
(1)
A Commercial Wildlife Hunting
Resort Permit is not required
for pens in which red fox, gray fox and coyote are pursued
(fox pens) unless the facility is also a high-fence enclosure in which other
native game species are hunted as part of a commercial operation. PENALTY:
$500.00 to $5,000.00 per violation.
(1)
Any person convicted of violating
this regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment and/or wildlife seized in connection with the
violation.
(2)
Any
person convicted of violating this regulation shall be liable for the costs of
any and all tests and/or examinations of the illegal wildlife, and shall also
be liable for the costs of destruction and/or disposal of the illegal wildlife,
as is deemed necessary by the Commission for the protection of native
wildlife.
15.06
GAME BIRD SHOOTING RESORT. It
shall be unlawful for any
person to engage in the business of harvesting
captive-raised game birds
by hunters for pay, or other consideration, without first
obtaining a Game Bird Shooting Resort Permit from the Arkansas Game and Fish
Commission.
(A)
Eligibility and Application Requirements:
(1)
A Game Bird Shooting Resort Permit
shall not be issued to any person until the applicant has demonstrated
satisfactory compliance with the following requirements:
(a)
The applicant shall be at least 18
years of age and shall not have been convicted of, or entered a plea of, guilty
or nolo contendere for violating any federal, state or municipal law governing
captive wildlife, illegal appropriation or commercialization of wildlife, or
cruelty to animals within five (5) years of the date of
application.
(b)
The
applicant shall provide to the Commission, in writing, proof from the county
judge or sheriff and any municipal planning commission or board with
jurisdiction, stating that the applicant's hunting resort shall be in
compliance with all applicable local ordinances. Said proof of compliance shall
be submitted with the application.
(c)
An application for the permit must
be submitted in writing on a form supplied by the Commission.
(d)
A separate application shall be
made for each facility.
(2)
The requested permit shall be
denied if:
(a)
The applicant
fails to meet any of the issuance criteria set forth in this Code
section;
(b)
The
applicant fails to disclose material information required, or has made false
statements as to any material fact in connection with the application, or has
supplied false information or made a false statement on the
application;
(c)
The
Commission finds, through further inquiry or investigation, the issuance of the
permit may be potentially harmful to the wildlife resources of the
State.
(B)
Permit
Requirements:
(1)
It shall be unlawful for holders of a Game Bird Shooting Resort Permit to fail
to comply with the following requirements:
(a)
On any day, before hunting is
allowed on a
shooting resort, the resort operator shall
release
no more than the number of game birds intended to be
harvested that day, less the number of birds released for the previous hunt
that were not harvested;
(b)
On any day hunting is allowed, the
resort owner shall release only the number of captive-reared mallards intended
to be harvested that day and, after hunting is completed, shall recapture all
non-harvested mallards released for the hunt and return them to their building
or covered pen
(c)
All acreage in the shooting resort will be contiguous and not exceed 1,500
acres;
(d)
The
perimeter of each game bird shooting resort shall be clearly defined and posted
with signs erected at intervals not to exceed 300 feet and bearing the words,
"Game Bird Shooting Resort". Such signs must be yellow with black letters that
are at least 4 inches in height.
(e)
Operators of Game Bird Shooting
Resorts may release captive reared mallards for the sole purpose of flight
training during daylight hours only from July 1 - September 1. After flight
training has been completed, captive-reared mallards shall be returned to their
building or covered pen before sunset.
(f)
Facilities, including enclosures,
pens and cages, that are not in compliance with this Code section shall be
notified in writing and shall have ten (10) days to correct the
violation.
(g)
If the
violation has not been corrected at the end of ten (10) days, this Agency may
revoke or suspend the issued permit and may refuse to issue any future permit.
Such revocation or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
(C)
Reporting and Record
Keeping Requirements:
(1)
It shall be unlawful for owners or operators of game bird shooting
resorts to fail to keep legible records on a form provided by the Commission,
showing the name, complete address, date, number and type of birds released
each day and the number taken by each hunter.
(2)
Records shall include evidence of
legal possession of all wildlife kept under this permit, including licenses,
bills of sale, bills of lading, receipts, invoices, or other
satisfactory evidence of ownership. Said records shall also
include the date of acquisition, place of origin, and the name, address and
telephone number of the person from whom the wildlife was
acquired.
(3)
All records must be either typed or written in plain and legible English and
must be retained throughout the time the wildlife is possessed by the permittee
or for a period of five (5) years, whichever is longer.
(4)
Permit holders shall submit a
completed Game Bird Shooting Resort Daily Release And Harvest Report to the
Commission on or before May 1 of each year. Said report shall be submitted on a
form provided by the Commission.
(D)
Disease Testing and
Control:
(1)
The
Director of the Arkansas Game and Fish Commission, in consultation with the
Director of the Arkansas Livestock and Poultry Commission, or their designees,
shall determine mechanisms and procedures for control of diseases and parasites
in captive wildlife within the state of Arkansas. Such mechanisms and
procedures shall include but not be limited to examination, testing, quarantine
and slaughter or destruction of individual animals and/or herds or flocks that
are, or in the opinion of the Commission may be, infected with a disease or
parasite that may have detrimental effect on native wildlife, other captive
wildlife, livestock or the public health of the citizens of the state of
Arkansas.
(2)
Such
examinations, testing, quarantine and slaughter of captive wildlife shall be
conducted at the expense of the owner of such wildlife. As a condition of any
permit issued under this Code chapter, the Commission may require the captive
wildlife be quarantined for a period specified by the
Commission.
(E)
Facility and Caging Requirements:
(1)
All wildlife possessed in
captivity shall be maintained in enclosures, pens, or cages that are
sufficiently strong to prevent escape of the wildlife and that will protect the
wildlife from injury.
(2)
Birds shall be kept in buildings or covered pens that prevent them from
leaving the facility and that do not allow entry of wild
birds.
(3)
Enclosures, pens and cages shall be kept in good repair at all times and gates
shall be securely fastened with latches or locks. Enclosures, pens, or cages
considered unsafe or inadequate by Commission personnel shall be
repaired or reconstructed within ten-days of notification,
or sooner if so ordered by the Commission.
(4)
Permit holders whose facilities,
including enclosures, pens and cages, are not in compliance with this Code
section shall be notified in writing and shall have ten (10) days to correct
the violation.
(5)
If
the violation has not been corrected at the end of ten (10) days this Agency
may revoke or suspend any existing permit and may refuse to issue any future
permit. Such revocation, suspension or refusal to issue a future permit shall
be in addition to any criminal charges that may be filed.
(F)
Harvest
Identification Requirements:
(1)
Any person in possession of
harvested game birds removed from a game bird shooting resort shall have in his
possession written information indicating the name and address of the hunter
who harvested the game birds, number and species of game birds, and date the
game birds were harvested.
(2)
Any person in possession of
harvested birds removed from a game bird shooting resort shall have in his
possession written information that indicates the name and address of the game
bird shooting resort where the birds were harvested.
(G)
Inspection:
(1)
Any person issued a Game Bird
Shooting Resort Permit shall allow entry, at any reasonable hour, to employees
or agents of the Commission upon premises where the permitted activity is
conducted.
(2)
Commission employees or agents may enter such premises to inspect the location,
books, records, or permits required to be kept and any wildlife and/or
facilities kept under authority of said permit.
(3)
Each permittee shall pen the
captive wildlife in suitable pens and restrain them for inspection, at a
reasonable time, when requested to do so by an employee or agent of the
Commission.
(H)
Permit Renewal, Transfer, Suspension &
Revocation:
(1)
Permits may be revoked by this Agency for failure to comply with the terms of
the permit or with the terms of this Commission Code section.
(2)
Persons in violation of the terms
of this permit, violation of the Commission Code, or upon conviction of
associated regulations of the U. S. Fish and Wildlife Service, shall be
notified in writing of such violations and shall have twenty days to respond
with just cause as to why their permit should not be suspended or
revoked.
(3)
If, at
the end of the twenty-day period, just cause has not been given, this Agency
may suspend or revoke any existing permit held by the violator and may refuse
to issue any future permit. Such suspension, revocation or refusal to issue a
future permit shall be in addition to any criminal charges that may be
filed.
(4)
Upon
revocation, permit holder shall legally remove all captive wildlife within the
time designated in the revocation, not to exceed sixty (60) days, and failure
to do so shall result in the Commission taking action, per Commission policy,
at the permit holder's expense.
PENALTY: $500.00 to $5,000.00 per
violation, except that violations of subsection (F), Harvest Information
Requirements, shall be $200.00 to $1,000.00.
(1)
Any person convicted of violating
this regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment or wildlife seized in connection with the
violation.
(2)
Any
person convicted of violating this regulation shall be liable for the costs of
any and all tests and/or examinations of the illegal wildlife and shall be
liable for the costs of destruction and/or disposal of the illegal wildlife, as
is deemed necessary by the Commission for the protection of native
wildlife.
15.07
WILDLIFE BREEDER/DEALER PERMIT. It shall be unlawful for
any person to rear, breed, propagate, produce, distribute,
sell or offer
for sale any wildlife in the state of Arkansas without
first obtaining a Wildlife Breeder/Dealer Permit from the Arkansas Game and
Fish Commission.
(A)
Eligibility and Application Requirements:
(1)
A Wildlife Breeder/Dealer Permit
shall not be issued to any person, firm or corporation until the applicant has
demonstrated satisfactory compliance with the following requirements:
(a)
The applicant shall be at least 18
years of age and shall not have been convicted of, or entered a plea of, guilty
or nolo contendere for violating any federal, state or municipal law governing
captive wildlife, illegal appropriation or commercialization of wildlife, or
cruelty to animals within five (5) years of the date of
application.
(b)
The
applicant shall provide to the Commission, in writing, proof from the county
judge or sheriff and any municipal planning commission or board with
jurisdiction, stating that the applicant's hunting resort shall be in
compliance with all applicable local ordinances. Said proof of compliance shall
be submitted with the application.
(c)
An application for the permit
shall be submitted in writing on a form supplied by the
Commission.
(d)
A
separate application shall be made for each facility.
(2)
The requested permit
shall be denied if:
(a)
The
applicant fails to meet any of the issuance criteria set forth in sub-section
(1) of this Commission code;
(b)
The applicant fails to disclose
any required information, submits false information or makes false statements
as to any material fact in connection with the application;
(c)
The Commission finds, through
further inquiry or investigation, the issuance of the permit may be potentially
harmful to the wildlife resources of the State.
(3)
Wildlife Breeder/Dealer Permits
shall not be issued for new facilities to:
(a)
Any person, firm or corporation
rearing, breeding, propagating, producing, or distributing, or possessing large
carnivores and mountain lions.
(b)
Any person, firm or corporation
rearing, breeding, propagating, producing or distributing any member of the
cervidae family.
(c)
Any person, firm or corporation engaged in the importation, propagation, sale,
transfer, barter, or distribution of box turtles (genus
Terrapene).
The propagation, sale, transfer, barter, or distribution of
any Terrapene is prohibited.
(B)
Permit Requirements:
(1)
The applicant shall supply
satisfactory evidence that stock has been/will be secured from a legal
source.
(2)
Stock may
be slaughtered in accordance with established husbandry practices for slaughter
of domestic livestock.
(3)
Fencing of enclosures in which deer, elk or other big game animals are
to be held shall consist of a permanent deer-proof fence at least eight (8)
feet in height and constructed in a manner so as to prohibit escape of captive
wildlife and prohibit the ingress of native wildlife.
(4)
Permits for Wildlife
Breeder/Dealer facilities that keep waterfowl shall not be issued for
properties where poultry is raised for sale, show or
exhibition.
(5)
Waterfowl hatched in Wildlife Breeder/Dealer facilities shall be banded with a
seamless metal band.
(6)
Facilities holding a Wildlife Breeder/Dealer Permit for cervids shall
only sell live cervids to Arkansas residents who possess a current Wildlife
Breeder/Dealer Permit for cervids, Arkansas residents who possess a current
Commercial Wildlife Hunting Resort Permit for cervids or to buyers outside the
state of Arkansas.
(7)
Live bobwhite quail sold to Arkansas residents who do not possess a
Wildlife Breeder/Dealer permit or Game Bird Shooting Resort Permit must be
banded by the permit holder.
(C)
Reporting and
Recordkeeping:
(1)
Records shall be kept of all wildlife acquisitions and dispositions, including
births, deaths, sales, slaughter, and transport.
(2)
Records shall include evidence of
legal possession of all wildlife kept under the permit, including licenses,
bills of sale, bills of lading, receipts, invoices, or other satisfactory
evidence of ownership. Records shall include date of acquisition, place of
origin, and the name, address and telephone number of the person from whom the
wildlife was acquired.
(3)
Records shall be kept of all wildlife sales, including the name, address
and telephone number of the person to whom the wildlife was sold. Each record
of sale shall also include species sold and the number of species sold to each
person.
(4)
All
records shall be either typed or written in plain and legible English, and
shall be retained throughout the time the wildlife is possessed by the
permittee or for a period of five (5) years, whichever is
longer.
(5)
Holders
of Wildlife Breeder/Dealer Permits shall submit legible and complete monthly
reports of their inventory and any births, deaths, sales, or purchases of
wildlife by the 5th of the following month. Said
reports shall be submitted on a form provided by the
Commission.
(6)
Wildlife Breeder/Dealer Permit holders who possess cervids in facilities of
greater than 25 acres in which the animals are allowed free range may report an
estimated inventory number based on a survey technique approved by the
Commission.
(D)
Disease Testing and Control:
(3)
The Director of the Arkansas Game
and Fish Commission, in consultation with the Director of the Arkansas
Livestock and Poultry Commission, or their designees, shall determine
mechanisms and procedures for control of diseases and parasites in captive
wildlife within the state of Arkansas. Such mechanisms and procedures shall
include but not be limited to examination, testing, quarantine and slaughter or
destruction of individual animals and/or herds or flocks that are, or in the
opinion of the Commission may be, infected with a disease or parasite that may
have detrimental effect on native wildlife, other captive wildlife, livestock
or the public health of the citizens of the state of Arkansas.
(4)
Such examinations, testing,
quarantine and slaughter of captive wildlife shall be conducted at the expense
of the owner of such wildlife. As a condition of any permit issued under this
Code chapter, the Commission may require the captive wildlife be quarantined
for a period specified by the Commission.
(6)
All Cervids that die in captivity
must be tested for chronic wasting disease. Copies of test results shall be
forwarded to the Arkansas Game and Fish Commission within 7 days of
receipt.
(7)
Captive
Cervids must demonstrate proof of compliance with all applicable Arkansas
Livestock and Poultry Commission requirements.
(8)
Permitted Wildlife Breeder/Dealer
facilities in which birds are kept are required to adhere to applicable
Arkansas Livestock and Poultry Commission requirements regarding
pullorum-typhoid disease tests and are encouraged to participate in the
National Poultry Improvement Plan.
(9)
Each Wildlife Breeder/Dealer
facility in which waterfowl are kept is required to test 60 birds for duck
virus enteritis using the PCR technique every May. Facilities containing less
than 60 birds shall test all birds in stock. Samples shall be taken by a
licensed veterinarian and submitted to the Arkansas Livestock and Poultry
Commission at the owner's expense. Copies of test results shall be forwarded to
the Arkansas Game and Fish Commission within 7 days of
receipt.
(10)
Flocks
that test positive for duck virus enteritis shall be quarantined or destroyed
by the owner or operator within 14 days and the carcasses disposed of in
accordance with Arkansas Livestock and Poultry Commission regulations.
(E)
Facility and Caging Requirements:
All wildlife possessed in captivity shall be maintained in
a permanent enclosure, pen, or cage located within the state of Arkansas that
is sufficiently strong to prevent escape of the wildlife and protect them from
injury. Birds must be kept in buildings or covered pens that prevent them from
leaving the facility and that do not allow entry of wild birds. Cages, fencing,
and guardrails shall be kept in good repair at all times and gates shall be
securely fastened with latches or locks. Enclosures, pens, or cages considered
unsafe by Commission personnel must be repaired or reconstructed within sixty
days or as specified by the Commission.
(1)
Facilities containing large
carnivore and mountain lions shall meet the following requirements:
(a)
A written plan of action shall be
prepared and a copy submitted with permit application for use in the following
events: Severe damage to enclosures due to fire, wind, floods or other
occurrences caused by natural forces; animals attacking
and/or injuring humans; and escape of an animal from its enclosure. Plans
should identify the location of temporary holding facilities and necessary
mechanisms to safely transport large carnivores to these facilities. Recapture
plans shall outline procedures for handling and recapturing escaped large
carnivores. Plans should include a list of safety equipment such as fire
extinguishers, darting equipment, pepper spray, which will be available for
use. The Commission shall immediately be notified upon the escape of any Large
Carnivores or mountain lions. In the event of sickness, the name, address,
phone number, and signature of the veterinarian who has agreed to care for the
animal shall be provided.
(b)
A perimeter fence sufficient to
deter entry by the public, at least 8 feet in height shall completely surround
cages where animals are housed or exercised outdoors. Perimeter fences
constructed of materials that allow objects to be passed through them, such as
chain link or welded wire shall be at least 3 feet from cages or exercise
areas.
(c)
Warning
signs must be posted at the entrance to the property.
(d)
All cages or enclosures shall be
equipped with a safety entrance or device that allows a keeper to enter or exit
a cage without providing an avenue of escape to an animal such as a
double-gated entry door, interconnected cages that can be isolated from each
other, a lock-down area, or other comparable device. Safety entrances shall be
constructed of materials that are of equivalent strength as that prescribed for
cage construction. Doors or gates in perimeter fences shall be kept locked when
not attended.
(e)
Cages shall be equipped with a lockout area that allows the keeper to access
and clean the cage while the animal is contained in a separate
area.
(f)
Cages shall
be well braced and securely anchored at ground level to prevent escape by
digging or erosion. The fasteners and fittings used in construction shall be of
equivalent
strength to the material required for cage
construction.
(g)
In facilities containing Tigers, African Lions and Bears cage
construction materials shall consist of not less than 9 gauge chain link or
equivalent materials. In facilities containing mountain lions cage construction
materials shall consist of not less than 11 gauge chain link or equivalent
materials. Juvenile animals may be kept in incubation or rearing facilities
that do not meet these standards until they weigh more than 25
pounds.
(h)
Cages
containing a single African lion, tiger or bear shall provide a cage floor size
of no less than 300 square feet and shall be at least 8 feet tall. For each
additional animal the cage size shall be increased 100 square
feet.
(i)
Cages
containing a single mountain lion shall provide a cage floor size of no less
than 200 square feet and shall be at least 8 feet tall. For each additional
animal the cage size shall be increased 100 square feet.
(j)
Large carnivores and mountain
lions may
temporarily be housed in cages or enclosures smaller than
specified in this section while being transported, while in veterinary care or
while being quarantined provided that temporary caging is large enough for the
animal to stand up, lie down and turn around without touching the sides of the
enclosure or another animal.
(k)
Open-top outdoor exercise areas
are allowed
providing they have vertical walls at least 12 feet in
height, topped by either an inward angled overhang, inclined at an angle
between 35 and 55 degrees, which is at least two feet in length and of equal
strength as the cage walls or two strands of electric fencing, one of which is
located 1 foot below the top of the vertical wall, and the other at the top of
the wall or the upper three feet of the interior of the fence consists of
sheer, solid metal. Animals may not be left in exercise areas
overnight.
(l)
Permit holders whose facility, including
enclosures, pens and cages, is not in compliance with this
Code section shall be notified in writing
and shall have ten (10) days to correct the
violation.
(m)
If, at
the end of ten (10) days, the violation has not been corrected this Agency may
revoke any existing permit and may refuse to issue any future permit. Such
revocation or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
(F)
Inspection:
(1)
Any person issued a Wildlife
Breeder/Dealer Permit shall allow entry, at any reasonable hour, to employees
or agents of the Commission upon premises where the permitted activity is
conducted.
(2)
Any
person issued a Wildlife Breeder/Dealer Permit shall allow entry, at any
reasonable hour, to Commission employees to inspect any wildlife and/or
facilities kept under authority of the permit.
(3)
Each permittee shall pen the
captive wildlife in suitable pens and restrain them for inspection, at a
reasonable time, when requested to do so by an employee or agent of the
Commission.
(G)
Renewal, Transfer, Suspension &
Revocation:
(1)
Permits may be revoked by this Agency for failure to comply with the terms of
the permit or with the terms of this Commission Code section.
(2)
Persons in violation of the terms
of this permit, violation of the Commission Code, or upon conviction of
associated regulations of the U. S. Fish and Wildlife Service, shall be
notified in writing of such violations and shall have twenty days to respond
with just cause as to why their permit should not be suspended or
revoked.
(3)
If, at
the end of the twenty-day period, just cause has not been given, this Agency
may suspend or revoke any existing permit held by the violator and may refuse
to issue any future permit. Such suspension, revocation or refusal to issue a
future permit shall be in addition to any criminal charges that may be
filed.
(4)
Upon
revocation, permit holder must legally remove all captive wildlife within the
time designated in the revocation, not to exceed sixty (60) days, and failure
to do so shall result in the Commission taking action, per Commission policy,
at the permit holder's expense.
EXCEPTIONS:
(1)
Fish, bullfrogs, mussels, aquatic turtles and alligators in compliance with the
following Code Sections:
a)
Section 36.00, Bull Frog
Regulations;
b)
Section 37.00, Baitfish Regulations;
c)
Section 38.00, Fresh Water Mussel
Regulations;
d)
Section 39.00, Aquatic Turtle
Regulations;
e)
Section 40.00, Alligator Farming Regulations;
f) Section
41.00, Commercial Fishing
Regulations;
g)
Section 42.00, Fish Farmer Regulations;
h) Game birds legally killed on a Game Bird Shooting
Resort. Ref. Code 15.06 (Game Bird Shooting Resort License).
(2)
Red fox, gray fox and
coyote that were legally trapped in Arkansas may be sold by persons with a
valid hunting license and Live Fox and Coyote Permit Ref. Code 15.16 (Live Fox
and Coyote Permit)
(3)
Organizations that are accredited members of the American Zoo and
Aquarium Association.
(4)
Holders of U.S. Fish and Wildlife Service Raptor Propagation Permits may
breed, distribute and sell raptors without a Commission Wildlife Breeder/Dealer
Permit.
(5)
Wildlife
listed in Commission Code 15.01 Exception 10.
PENALTY: $500.00 to $5,000.00 per
violation.
(1)
Any person convicted of violating this regulation shall be liable for the costs
accrued in the storage, care, and maintenance of any equipment or wildlife
seized in connection with the violation.
(2) Any person convicted of violating this regulation shall
be liable for the costs of any and all tests and/or examinations of the illegal
wildlife and shall be liable for the costs of destruction and/or disposal of
the illegal wildlife, as is deemed necessary by the Commission for the
protection of native wildlife.
15.08
SPECIAL COMMERCIAL QUAIL
PERMIT.
(A)
It shall be unlawful
for any person to engage in the business of
selling or offering for sale the dressed carcasses of
pen-raised quail without first obtaining of Special Commercial Quail Permit,
stamp and Wildlife Breeder/Dealer Permit from the Arkansas Game and Fish
Commission. (Ref: Section
01.00 -C "Pen-Raised
Quail")
(B)
Holders of a Special Commercial Quail Permit shall comply with the following
requirements:
(1)
Quail shall
be harvested by means other than shooting.
(2)
Packages containing dressed quail
carcasses offered for sale shall bear the permit number and said number shall
be applied with the special stamp provided with
permit.
(C)
For non-compliance with the terms of this permit this Agency may suspend or
revoke any existing permit held by the violator and may refuse to issue any
future permit. Such suspension, revocation or refusal to issue a future permit
shall be in addition to any criminal charges that may be
filed.
PENALTY: $500.00 to $5,000.00 per
violation.
15.09
SCIENTIFIC COLLECTION PERMIT.
(A)
It shall be unlawful for any
person to take wildlife for the
purpose of scientific studies without first obtaining a
Scientific Collection Permit issued by the Arkansas Game and Fish
Commission.
(B)
Scientific Collection Permits shall be applied for on a form provided by
the Commission.
(C)
An approved Scientific Collection Permit shall be in the possession of any
person taking wildlife for scientific studies.
EXCEPTION:
(1) Commission employees, in performance of
their duties, may take wildlife or fish for scientific purposes PENALTY:
$1,000.00 to $5,000.00 per violation.
15.10
WILDLIFE IMPORTATION PERMIT. It
shall be unlawful for any person to import live wildlife into the
state of Arkansas prior to
obtaining a Wildlife Importation Permit issued by the
Arkansas Game
and Fish Commission. This permit shall be required
regardless of the
final destination of the wildlife, whether in Arkansas or
points beyond.
It shall be unlawful for any person to receive, acquire,
purchase or
possess any wildlife imported into this state in violation
of this
regulation.
(A)
Eligibility and
Application Requirements:
(1)
A Wildlife Importation Permit
shall not be issued to any person, firm or corporation until the applicant has
demonstrated satisfactory compliance with the following requirements:
(a)
The applicant shall be at least 18
years of age
and shall not have been convicted of, or entered a plea of
guilty or nolo contendere for, violating any federal, state or municipal law
governing captive wildlife, illegal appropriation or commercialization of
wildlife, or cruelty to
animals within five (5) years of the date of
application.
(b)
An application for a permit must be submitted in writing on
a form supplied by the Commission.
(2)
The requested permit shall be
denied if:
(a)
The applicant
fails to meet any of the issuance criteria set forth in section (A) of this
code:
(b)
The
applicant fails to disclose material information required, or has made false
statements as to any material fact in connection with the application:
or
(c)
The Director
or Commission's issuing officer finds through further inquiry or investigation
that the applicant is not qualified or the issuance of the permit may be
potentially harmful to the wildlife resources of the
State.
(B)
Permit
Requirements:
(1)
Upon approval, and after issuance of, a Wildlife Importation Permit, holders of
said permit may import wildlife into or transport wildlife through the state
under the following conditions provided that prior to transportation the permit
holder possesses the following documentation:
(a)
Written proof of the origin and
destination of each animal.
(b)
Documentation for each animal to
demonstrate they have not been kept in, or originated from, a location from
which importation has been restricted in accordance with Commission Code 15.11
(Importation of Certain Wildlife Restricted).
(c)
A completed Arkansas Game and Fish
Commission Veterinary Examination Record Form upon which an accredited
veterinarian has certified each animal to be free of diseases/parasites in
accordance with Code15.11 (C).
(2)
It shall be unlawful for the
holder of a Wildlife Importation Permit to cause or permit any wild animal or
bird to be imported into this state under inhumane or unhealthy
conditions.
(3)
A
copy of the issued Wildlife Importation Permit and the documentation required
in Section (B)(1) of this Commission code must accompany each animal during
transport.
(a)
All documentation
required in Section (B)(1) of this Commission code shall be submitted by the
permit holder to the Commission's Wildlife Management Division within seven (7)
days of the permitted importation.
(b)
For non-compliance with the terms
of this permit this Agency may suspend or revoke any existing permit held by
the violator and may refuse to issue any future permit. Such suspension,
revocation or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
EXCEPTIONS:
(1)
Fish and aquatic turtles as allowed for aquaculture under Commission Code
42.09, other than those prohibited by Commission Code 32.13 (Certain Exotic
Fish Prohibited).
(2)
Wildlife exchanged with other states by the Commission.
(3)
Organizations that are accredited
members of the American Zoo and Aquarium Association.
(4)
A Wildlife Importation Permit is
not required for a nonresident falconer with a valid Non-resident Arkansas
Hunting License, and possessing a valid falconry permit from another state, to
import legally possessed raptors into Arkansas for the purposes of hunting
provided that the birds will not stay in Arkansas longer than 30 consecutive
days and are in compliance with Arkansas Livestock and Poultry Commission
regulations relating to the entry of birds into the state.
(5)
A Wildlife Importation Permit is
not required for a resident falconer with a valid Arkansas Hunting License, and
possessing a valid falconry permit from another state, to import legally
possessed raptors into Arkansas provided that they are in compliance with
Arkansas Livestock and Poultry Commission regulations relating to the entry of
birds into the state.
(6)
Circuses and others possessing US Department of Agriculture
Wildlife Exhibition Permits may import wildlife into or through Arkansas
temporarily for the limited purposes of performance or display under terms of a
special permit issued by the Chief of the Wildlife Management
Division.
(7)
Wildlife listed in Commission Code 15.01 Exception 10.
(8) Up to six (6) box turtles (genus
Terrapene) may be brought into Arkansas as pets without a
permit.
PENALTY: $500.00 to $5,000.00 per
violation.
(1)
All
equipment, including any form of legal tender, and all wildlife imported in
violation of this regulation may be seized by Enforcement Officers, confiscated
by the court, forfeited to the State and disposed of according to law. (Ref.
01.00-D, Confiscation and Seizure)
(2)
Any person convicted of violating
this regulation shall be liable for the costs incurred in the storage, care,
and maintenance of any equipment, wildlife, and/or fish seized in connection
with the violation.
(3)
Any person convicted of violating this regulation shall be liable for
the costs of any and all tests and/or examinations of the illegally imported
wildlife, and shall also be liable for the costs of destruction and/or disposal
of the illegally imported wildlife, as is deemed necessary by the Commission
for the protection of native wildlife.
15.11
IMPORTATION OF CERTAIN WILDLIFE
PROHIBITED. It shall
be unlawful for any person, including holders of a
Wildlife Importation Permit, to import, ship, transport, or carry into the
state by any means, or to cause to be imported, receive, or to assist in any
manner in the importation of any of the following animals:
(A)
Any live member of the cervidae
family.
(B)
Raccoons.
(C)
Bats.
(D)
Skunks.
(E)
Coyotes
that originate from or have lived in Alaska, Idaho, Illinois, Indiana, Iowa,
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota,
Texas, Wisconsin, Wyoming or Canada.
(F)
Gray and red foxes that originate
or have lived in Alaska, Arizona, Idaho, Illinois, Indiana, Iowa, Minnesota,
Missouri, Montana, Nebraska, New Hampshire, New York, North Dakota, Ohio, South
Dakota, Texas, Vermont, Wisconsin, Wyoming or Canada.
(G)
Rodents captured in the wild from
Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, North Dakota,
Oklahoma, Oregon, Texas, Utah or Wyoming.
(H)
All box turtles of the genus
Terrapene.
(I)
All
live waterfowl.
(J)
Large carnivores and mountain lions.
EXCEPTIONS:
(1)
Wildlife exchanged with other states by the Commission.
(2) Cervids may be imported on a
temporary basis for bone fide scientific, conservation, or educational purposes
under terms
of a special permit issued by the Chief of the Wildlife
Management Division.
(3)
Large carnivores and mountain lions may be imported only by
holders of U.S. Department of Agriculture Wildlife Exhibition Permits for large
carnivores or mountain lions . Such importation shall be done in accordance
with a current Commission Wildlife Importation Permit.
(4)
Mallard ducks may be imported by
a representative of a group designated in Commission Code 15.03 Exception 3 for
use in an official field trial in accordance with a current Wildlife
Importation Permit provided that ducks must have a seamless metal band on one
leg that identifies them as a captive-raised bird. The permit holder must
possess documentation that the waterfowl have originated from a flock
participating in the National Poultry Improvement Program and have tested
negative for duck virus enteritis within 60 days before entry into the state
and such documentation shall be submitted to the Commission in accordance with
reporting requirements in Commission Code 15.10.
(5)
Mallard ducks may be imported by
the holder of a Shoot-To-Kill Retrieving Dog Training Permit in accordance with
a current Wildlife Importation Permit provided that ducks must have a seamless
metal band on one leg that identifies them as a captive-raised bird. The permit
holder must possess documentation that the waterfowl have originated from a
flock participating in the National Poultry Improvement Program and have tested
negative for duck virus enteritis within 60 days before entry into the state
and such documentation shall be submitted to the Commission in accordance with
reporting requirements in Commission Code 15.10.
(6)
Pet box turtles in accordance
with Commission Code 15.10 (Wildlife Importation Permit) Exception
8.
PENALTY: $500.00 to $5,000.00 per
violation.
(1)
All
equipment, including any form of legal tender, and all wildlife imported in
violation of this regulation may be seized by Enforcement Officers, confiscated
by the court, forfeited to the State and disposed of according to law. (Ref.
01.00-D, Confiscation and Seizure)
(2)
Any person convicted of violating
this regulation shall be liable for the costs incurred in the storage, care,
and maintenance of any equipment, wildlife, and/or fish seized in connection
with the violation.
(3)
Any person convicted of violating this regulation shall be liable for
the costs of any and all tests and/or examinations of the
illegally imported wildlife as is deemed necessary by the
Commission for the protection of native wildlife.
15.12
WILDIFE
REHABILITATION PERMIT. It shall be unlawful for
any person to possess sick, injured, orphaned, or impaired
native wildlife, except migratory birds, for the purpose of rehabilitation
without first applying for, obtaining and complying with the terms of a
Wildlife Rehabilitation Permit issued by the Arkansas Game and Fish Commission.
A Commission Wildlife Rehabilitation Permit is not required to keep migratory
birds for rehabilitation purposes; however, a Migratory Bird Rehabilitation
Permit from the U.S. Fish and Wildlife Service is required.
(A)
Eligibility and
Application Requirements:
(1)
A Wildlife Rehabilitation Permit
shall not be issued to any person until the applicant has demonstrated
satisfactory compliance with the following requirements:
(a)
The applicant shall be at least 18
years of age and shall not have been convicted of, or entered a plea of, guilty
or nolo contendere for violating any federal, state or municipal law governing
captive wildlife, illegal appropriation or commercialization of wildlife, or
cruelty to animals within five (5) years of the date of
application.
(b)
The
applicant shall be a resident of the state of Arkansas having a bona fide or
actual residence within the state.
(c)
The applicant shall provide to the
Commission, in writing, proof from the county judge or sheriff and any
municipal planning commission or board with jurisdiction, stating that the
applicant's rehabilitation facility shall be in compliance with all applicable
local ordinances. Said proof of compliance shall be submitted with the
application.
(d)
An
application for the permit shall be submitted on a form supplied by the
Commission.
(e)
Applications will include the signature, address and phone number of a licensed
veterinarian that will assist the applicant by providing consulting and
referral services regarding animal rehabilitation and
treatment.
(f)
Wildlife Rehabilitation Permits will be issued based upon documented applicant
experience. Applicants shall have no less than 250 hours of
experience in the care of sick, injured, orphaned or
otherwise impaired wildlife. Applicants shall submit written documentation of
such experience, including a description of the specific training or experience
acquired, and the dates and locations where acquired. In addition, the
application shall submit a recommendation from a permitted rehabilitator, who
shall state, based upon personal knowledge, that the applicant possesses the
stated experience. Additional documentation may consist of records of prior
permits for rehabilitation issued by other states or the U. S. Fish and
Wildlife Service, employment records of wildlife rehabilitative facilities,
training course certificates, or other competent documentation of
experience.
(B)
Permit Requirements:
(1)
Wildlife shall be cared for at the
location listed in the Wildlife Rehabilitation Permit, except for wildlife kept
by volunteers under the supervision of the permittee. Each permittee may have
up to ten volunteers to aid in off-premise rehabilitation of wildlife and shall
be fully responsible for the volunteer's treatment and possession of wildlife.
A current listing of the name and address of off-premise volunteers shall be
kept by the permittee. Volunteers shall possess a copy of their supervisor's
rehabilitation permit when possessing wildlife off-premise.
(2)
Persons who lack the experience
necessary to apply for a Wildlife Rehabilitation Permit may serve as a
volunteer for a permitted rehabilitator in accordance with sub-section (B)(1)
of this Code until such time as they accumulate the required 250 hours of
experience.
(3)
Wildlife undergoing rehabilitation or medical treatment shall not be hunted,
bred or displayed to the public.
(4)
Rehabilitated native wildlife
shall be released at an ecologically appropriate time of year and into a
habitat suitable to sustain it near the point of capture in, or adjacent to,
the county in which it was originally captured. Wildlife shall not
be released within the limits of any incorporated city or town and shall be
released in accordance with any local regulations regarding release of
wildlife.
(5)
When
euthanasia of wildlife is necessary, euthanasia shall be by an acceptable
method as set forth by the International Wildlife Rehabilitation
Council/National
Wildlife Rehabilitators Association's current
Minimum Standards for Wildlife Rehabilitation
handbook.
(6)
Wildlife with permanent physical
impairments may be kept for educational use upon approval of the Chief of the
Division of Wildlife Management and in accordance with U. S. Department of
Agriculture regulations regarding display of wild animals. Permittee shall not
transfer permanently impaired wildlife to unauthorized
individuals.
(7)
Animals that die from causes other than disease while in the custody of the
permittee shall be disposed of in accordance with applicable local or state
laws or be offered to a museum, university, or other educational
facility.
(8)
Animals
that die of disease must be destroyed in a manner that does not allow the
spread of the disease to other animals or humans and must be reported to the
Commission within 48 hours.
(9)
Permittees receiving any species
classified as endangered or threatened shall notify the Little Rock office of
the Commission's Wildlife Management Division within forty-eight (48) hours of
the receipt of the animal.
(10)
Permittees or their volunteers
shall not require a fee associated with wildlife rehabilitation services or for
the pick-up, delivery or acceptance of sick, injured, orphaned or otherwise
impaired wildlife. This limitation shall not apply to professional fees charged
by a licensed veterinarian for treatment or other services requested by a
permitted wildlife rehabilitator. This regulation does not in any way prohibit
nor discourage the public from making voluntary donations to rehabilitators for
animal care and facility maintenance.
(11)
Permittees or their volunteers
are not agents of the Commission and may not represent themselves as
such.
(12)
All
wildlife shall be kept in pens/cages that meet or exceed the Basic
Requirements for Housing Wild Animals and Minimum Housing
Guidelines set forth by the current International Wildlife
Rehabilitation Council/National Wildlife Rehabilitators Association's
Minimum Standards for Wildlife Rehabilitation handbook unless
otherwise authorized by the Commission.
(13)
All rehabilitation facilities, as
well as off-site helpers, shall abide by Standards Governing the
Prevention of
Disease Transmission Within the Rehabilitation
Facility and Strategy for Prevention of Transmissible Diseases set
forth by the current International Wildlife Rehabilitation Council/National
Wildlife Rehabilitators Association's Minimum Standards for Wildlife
Rehabilitation handbook.
(14) Permittees or volunteers under their supervision who
care for foxes, skunks, bats, raccoons, or coyotes must take and maintain
records of pre-exposure rabies vaccination
treatment.
(C)
Reporting and Record Keeping:
(1)
All permit holders shall keep an
up to date log on each animal taken into custody by themselves or volunteers
under their supervision. The log shall include a record of the animal's
treatment, condition and disposition and shall be subject to inspection by
Commission personnel at any reasonable time.
(2)
Permit holders shall submit annual
reports of such records on a form provided by the Commission. Said annual
report shall be due no later than January 31.
(D)
Facility and Caging
Requirements:
(1)
All wildlife possessed in captivity shall be maintained in enclosures, pens, or
cages that are sufficiently strong to prevent escape of the wildlife and
protect them from injury.
(2)
Cages, fencing, and guardrails
shall be kept in good repair at all times and gates shall be securely fastened
with latches or locks. Enclosures, pens, or cages considered unsafe by
Commission personnel must be repaired or reconstructed within sixty days or as
specified by the Commission.
(3)
Permit holders whose facilities,
including enclosures, pens and cages, are not in compliance with this Code
section shall be notified in writing and shall have ten (10) days to correct
the violation.
(4)
If, at the end of ten (10) days, the violation has not been corrected this
Agency may revoke any existing permit and may refuse to issue any future
permit. Such revocation or refusal to issue a future permit shall be in
addition to any criminal charges that may be filed.
(E)
Inspection:
(1)
Any person issued a Wildlife
Rehabilitation Permit shall allow entry, at any reasonable hour, to Commission
employees or agents to inspect the location, books, records, or permits
required by the permit.
(2)
Any person issued a Wildlife Rehabilitation Permit shall allow entry, at
any reasonable hour, to Commission employees or agents to inspect any wildlife
and/or facilities kept under authority of the permit.
(3)
Each permittee shall pen the
captive wildlife in suitable pens and restrain them for inspection, at a
reasonable time, when requested to do so by Commission employees or
agents.
(F)
Renewal, Transfer, Suspension &
Revocation:
(1)
Wildlife Rehabilitation Permits do not require renewal.
(2)
Permits may be revoked by this
Agency for violation of the terms of this permit, violation of the Commission
Code, or upon conviction of associated regulations of the U. S. Fish and
Wildlife Service.
(3)
Permit holders shall be notified in writing of such violations and shall have
twenty days to respond with just cause as to why their permit should not be
suspended or revoked.
(4)
If, at the end of the twenty-day period, just cause has not been given,
this Agency may suspend or revoke any existing permit held by the violator and
may refuse to issue any future permit. Such suspension, revocation or refusal
to issue a future permit shall be in addition to any criminal charges that may
be filed.
(5)
Upon
revocation, permit holder must legally remove all captive wildlife within the
time designated in the revocation, not to exceed sixty (60) days, and failure
to do so shall result in the Commission taking action, per Commission policy,
at the permit holder's expense.
PENALTY: $100.00 to $1,000.00 per
violation.
15.13
MOUNTAIN LION PERMIT. It shall be
unlawful to possess alive
any mountain lion (Puma concolor) without
first obtaining a Mountain
Lion Permit from the Arkansas Game and Fish Commission.
Mountain Lion Permits will only be issued to facilities that possessed a
Wildlife Breeder/Dealer Permit for mountain lions prior to September 30, 2007.
(A)
Eligibility and Application Requirements:
(1)
A Mountain Lion Permit shall not
be issued to any person until the applicant has demonstrated satisfactory
compliance with the following requirements:
(a)
The applicant shall be at least 18
years of age
and shall not have been convicted of, or
entered
a plea of guilty or nolo contendere for, violating any
federal, state or municipal law governing captive wildlife, illegal
appropriation or commercialization of wildlife, or cruelty to animals within
five (5) years of the date of application.
(b)
The applicant shall provide to the
Commission, in writing, proof from the county judge or sheriff and any
municipal planning commission or board with jurisdiction, stating that the
applicant's facility shall be in compliance with all applicable local
ordinances. Said proof of compliance shall be submitted with the
application.
(c)
An
application for a permit must be submitted on a form supplied by the
Commission.
(d)
A
separate application shall be made for each facility.
(2)
The permit shall be
denied if:
(a)
The applicant
fails to meet any of the issuance criteria set forth in this Code
section;
(b)
The
applicant fails to disclose material information required, or has made false
statements as to any material fact in connection with the application, or has
supplied false information or made a false statement on the application;
or
(c)
The Director
or Commission's issuing officer finds, through further inquiry or
investigation, the applicant is not qualified or the issuance of the permit may
be potentially harmful to the wildlife resources of the State.
(B)
Facility and Caging Requirements:
(1)
Facilities containing mountain
lions shall meet all of the following requirements:
(a)
A written plan of action shall be
prepared and shall be available for review by the Commission upon request. This
plan shall address the following events: Severe damage to enclosures due to
fire, wind, floods or other occurrences
caused by natural forces; animals attacking and/or injuring
humans; and escape of an animal from its enclosure. Plans should identify the
location of temporary holding facilities and necessary mechanisms to safely
transport mountain lions to these facilities. Recapture plans shall outline
procedures for handling and recapturing escaped mountain lions. Plans should
include a list of safety equipment such as fire extinguishers, darting
equipment, pepper spray, which will be available for use. The Commission shall
immediately be notified upon the escape of any mountain lions. In the event of
sickness, the name, address, phone number, and signature of the veterinarian
who has agreed to care for the animal shall be provided.
(b)
A perimeter fence
sufficient to deter entry by the public, at least 8 feet in height shall
completely surround cages where animals are housed or exercised outdoors.
Perimeter fences constructed of materials that allow objects to be passed
through them, such as chain link or welded wire shall be at least 3 feet from
cages or exercise areas.
(c)
Doors or gates in perimeter fences shall be kept locked when not
attended. Warning signs must be posted at the entrance to the
facility.
(d)
All
cages or enclosures shall be equipped with a safety entrance or device that
allows a keeper to enter or exit a cage without providing an avenue of escape
to an animal such as a double-gated entry door, interconnected cages that can
be isolated from each other, a lock-down area, or other comparable device.
Safety entrances shall be constructed of materials that are of equivalent
strength as that prescribed for cage construction.
(e)
Cages shall be equipped with a
lockout area that allows the keeper to access and clean the cage while the
animal is contained in a separate area.
(f)
Cages should be well braced and
securely anchored at ground level to prevent escape by digging or erosion. The
fasteners and fittings used in construction shall be of equivalent strength to
the material required for cage construction.
(g)
Cage construction materials shall
consist of not less than 11 gauge chain link or equivalent materials. Juvenile
animals may be kept in incubation or rearing facilities that do not meet these
standards until they reach the weight of 45 pounds at which time they shall be
kept in the required cage.
(h)
Cages containing a single mountain
lion shall provide a cage floor size of no less than 200 square feet and shall
be at least 8 feet tall. For each additional animal the cage size shall be
increased by 100 square feet.
(i)
Mountain lions may temporarily be
housed in
cages or enclosures smaller than specified in this section
while being transported, while in veterinary care or quarantined, provided that
temporary caging is large enough for the animal to stand up, lie down, and turn
around without touching the sides of the enclosure or another
animal.
(j)
Open-top outdoor exercise areas are allowed providing that the exercise area
has vertical walls at least 12 feet in height, topped by either an inward
angled overhang, inclined at an angle between 35 and 55 degrees, which is at
least two feet in length and of equal strength as the cage walls or two strands
of electric fencing, one of which is located 1 foot below the top of the
vertical wall, and the other at the top of the wall or the upper three feet of
the interior of the fence consists of sheer, solid metal. Animals may not be
left in exercise areas overnight.
(k)
Permit holders whose facilities,
including
enclosures, pens and cages, are not in compliance with this
Code section shall be notified in writing and shall have ten (10) days to
correct the violation.
(l)
If the violation has not been
corrected in ten (10) days this Agency may revoke any existing permit and may
refuse to issue any future permit. Such revocation or refusal to issue a future
permit shall be in addition to any criminal charges that may be filed.
(C)
Reporting and Recordkeeping:
(1)
Records shall be kept of all
wildlife acquisitions and dispositions, including births, deaths, slaughter,
and transport.
(2)
Records shall include evidence of legal possession of all wildlife kept under
the permit, including licenses, bills of sale, bills of lading, receipts,
invoices, or other satisfactory evidence of ownership. Records shall include
date of acquisition, place of origin, and the name, address and telephone
number of the person from whom the wildlife was acquired.
(3) All records must be either typed
or written in plain and legible English, and must be retained throughout the
time the wildlife is possessed by the permittee or for a period of five (5)
years, whichever is longer.
(4)
The Commission shall be notified within seventy-two
(72) hours of any change in the number of mountain lions kept within the
facility.
(D)
Disease Testing and Control:
The Director of the Arkansas Game and Fish Commission,
shall determine mechanisms and procedures for control of diseases and parasites
in captive wildlife, including mountain lions, within the state of Arkansas.
Such mechanisms and procedures shall include, but not be limited to,
examination, testing, quarantine and slaughter or destruction of individual
animals that are, or in the opinion of the Commission may be, infected with a
disease or parasite that may have significant detrimental effect on native
wildlife, other captive wildlife, livestock or the public health of the
citizens of the state of Arkansas. Such examinations, testing, quarantine and
slaughter of captive wildlife shall be conducted at the expense of the owner of
such wildlife. As a condition of this permit, the Commission may require the
captive wildlife be quarantined for a period specified by the
Commission.
(E)
Inspection:
(1)
Any person issued a Mountain Lion
Permit under this Code chapter shall allow entry, at any reasonable hour, to
employees or agents of the Commission upon the premises where the permitted
activity is conducted. Commission employees or agents may enter such premises
to inspect the facility, any and all records associated with the activities
relating to the permit, and any mountain lions kept under authority of the
permit.
(2)
Each
permittee shall pen the mountain lion in a suitable pen and restrain it for
inspection, at a reasonable time,
when requested to do so by an employee or agent of the
Commission.
(F)
Permit Renewal,
Transfer, Suspension & Revocation:
(1)
Permits may be revoked by this
Agency for failure to comply with the terms of the permit or with the terms of
this Commission Code section.
(2)
Persons in violation of the terms
of this permit, violation of the Commission Code, or upon conviction of
associated regulations of the U. S. Fish and Wildlife Service, shall be
notified in writing of such violations and shall have twenty days to respond
with just cause as to why their permit should not be suspended or
revoked.
(3)
If, at
the end of the twenty-day period, just cause has not been given, this Agency
may suspend or revoke any existing permit held by the violator and may refuse
to issue any future permit. Such suspension, revocation or refusal to issue a
future permit shall be in addition to any criminal charges that may be
filed.
(4)
Upon revocation, permit holder must legally remove all captive wildlife within
the time designated in the revocation, not to exceed sixty (60) days, and
failure to do so shall result in the Commission taking action, per Commission
policy, at the permit holder's expense.
EXCEPTIONS:
(1)
Organizations that are accredited members of the American Zoo and Aquarium
Association.
(2)
Mountain Lions held in compliance with a Commission Wildlife Breeder/Dealer
Permit (Ref. Code 15.07 Breeder/Dealer Permit).
PENALTY: $500.00 to $5,000.00 per violation.
(1)
All wildlife possessed in
violation of this regulation may be seized by Enforcement Officers, confiscated
by the court, forfeited to the State and disposed of according to law. (Ref.
01.00-D, Confiscation and Seizure).
(2)
Any person convicted of violating
this regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment and/or wildlife seized in connection with the
violation.
(3)
Any
person convicted of violating this regulation shall be liable for the costs of
any and all tests and/or examinations of the illegal wildlife, and shall be
liable for the costs of destruction and/or disposal of the illegal wildlife, as
is deemed necessary by the Commission for the protection of native
wildlife.
15.14
NATIVE WILDLIFE PETS. It shall be unlawful for any person to
possess native wildlife as pets except as
follows:
(A)
Animals
captured from the wild.
(1)
It
shall be unlawful to take or attempt to take from the wild and possess alive
any native wildlife species other than six (6) each, per household, of the
animals specified herein.
(a)
Bobcat, coyote, deer, gray fox, red fox, opossum, , rabbit, raccoon and
squirrel may be captured by hand and possessed as a wildlife
pet.
(b)
Native
non-game wildlife, except birds, bats, alligator snapping turtles, ornate box
turtles, hellbenders, troglodytic species (cave dwellers), or those animals
defined as endangered species, may be captured by hand and kept as a wildlife
pet.
(2)
It shall be unlawful for any person to remove such wildlife, or their
offspring, from the state except under the terms of a permit issued by the
Chief of Wildlife Management Division. Said permit may be issued to individuals
moving from the state and who have proof from the state of destination that
such importation is legal.
(3)
The sale or transfer of ownership
of such animals or their offspring is prohibited except as provided for in (7)
of this regulation.
(4)
All wildlife possessed in captivity shall be maintained in enclosures,
pens, or cages that are sufficiently strong to prevent escape of the wildlife
and that will protect the wildlife from injury.
(5)
All adult deer kept in compliance
with (A) of this regulation shall be confined within an enclosure. Said
enclosure shall comply with the following requirements:
(a)
Enclosures shall have a perimeter
fence that is not less than eight (8) feet in height and shall be constructed
so as to prohibit the escape of confined cervids and the ingress of native
cervids.
(b)
The area
of the enclosure shall not be less than two hundred (200) square feet for the
first cervid and shall be increased in size one hundred and fifty (150) square
feet for each additional cervid.
(6)
Males and females of the same
species of game animal must be kept in separate enclosures, or if kept in the
same enclosure, the owner shall provide proof that all males within the
enclosure have been neutered.
(7)
Native wildlife, except
white-tailed deer, kept as
personal pets in compliance with this regulation may be
transferred to a Wildlife Rehabilitator and released back into the wild in the
county where they were captured provided such animals were not confined with
commercially obtained, captive born wildlife of the same
species.
(B)Captive born native-wildlife: A maximum of six (6)
animals
per household of a native wildlife species which were
commercially obtained, captive born animals may be possessed as personal pets
in compliance with the following restrictions.
(1)
Persons keeping pets under (B) of
this regulation shall provide proof upon demand that the pets were purchased in
compliance with regulation 15.07, Wildlife Breeder/Dealer Permit, or imported
into the state in compliance with regulation 15.10, Wildlife Importation Permit
or 15.11, Importation of Certain Wildlife Prohibited. Said pets shall be kept
in compliance with the following restrictions:
(2)
Commercially obtained, captive
born wildlife pets and/or their offspring shall not be confined with the same
species of wild born animals and/or their offspring.
(3)
Owners shall maintain records of
proof of legal ownership of such animals including licenses, bills of sale,
bills of lading, receipts, invoices and copies of Wildlife Importation Permits
or other satisfactory evidence. The date of acquisition, place of origin, and
the name, address, and telephone number of the person from whom the wildlife
was acquired shall be recorded.
(4)
Commercially obtained, captive
born wildlife pets or their offspring shall only be sold in compliance with
regulation 15.07, Wildlife Breeder/Dealer Permit.
(5)
Males and females of the same
species of game animal must be kept in separate enclosures, or if kept in the
same enclosure, the owner shall provide proof that all males within the
enclosure have been neutered.
(6)
Owners of commercially obtained or
captive born white-tailed deer or elk that were acquired prior to June 30, 2005
and that are kept as personal pets may retain ownership of such animals
provided they registered with the Wildlife Management Division by June 30, 2008
and are in compliance with all provisions of this regulation.
(7)
All deer and elk that die in
captivity must be tested for chronic wasting disease. Copies of test results
shall be
forwarded to the Arkansas Game and Fish Commission within 7
days of receipt.
(8)
Should the number of commercially obtained wildlife kept as pets, except
for white-tailed deer and elk, exceed six (6), the owner shall obtain a
Wildlife Breeder/Dealer permit in accordance with Code 15.07.
(9)
All cervids kept in compliance
with (B) of this regulation shall be confined within an enclosure. Said
enclosure shall comply with the following requirements:
(a)
Enclosures shall have a perimeter
fence that is not less than eight (8) feet in height and shall be constructed
so as to prohibit the escape of confined cervids and the ingress of native
cervids.
(b)
The area
of the enclosure shall not be less than two hundred (200) square feet for the
first cervid and shall be increased in size one hundred and fifty (150) square
feet for each additional cervid.
EXCEPTIONS:
(1)
Wildlife exchanged with other states by the Commission.
(2) Aquatic pets taken in compliance
with regulation 37.07, Aquatic Pet Restrictions.
PENALTY: $100.00 to $1,000.00 per
violation.
(1)
All
wildlife possessed in violation of this regulation may be seized by Enforcement
Officers, confiscated by the court, forfeited to the State and disposed of
according to law. (Ref. 01.00-D, Confiscation and Seizure)
(2)
Any person convicted of violating
this regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment and/or wildlife seized in connection with the
violation.
(3)
Any
person convicted of violating this regulation shall be liable for the costs of
any and all tests and/or examinations of the illegal wildlife, and shall be
liable for the costs of destruction and/or disposal of the illegal wildlife, as
is deemed necessary by the Commission for the protection of native
wildlife.
15.15
FALCONRY PERMIT. It shall be
unlawful for any person to
possess, take, or transport raptors or to use raptors to
take game
animals and game birds without first obtaining a Falconry
Permit from
the Arkansas Game and Fish Commission.
(A)
Eligibility and
Application Requirements:
(1)
A Falconry Permit shall not be
issued to any person until the applicant has demonstrated satisfactory
compliance with the following requirements:
(a)
Applicants must pass a written
examination meeting federal standards with a score of at least eighty percent
(80%).
(b)
The
applicant must possess a valid Arkansas hunting license
(c)
Apprentice Class applicants shall
be at least fourteen (14) years of age and shall have a sponsor for a period of
two (2) years. The sponsor of an apprentice must hold a General or Master class
falconry permit. A sponsor shall have no more than three (3) apprentices at any
one time. An apprentice falconer may possess only one (1) of the following,
which must be taken from the wild and may not obtain more than one (1)
replacement raptor during any twelve (12) month period:
(1)
American Kestrel
(Falco sparverius)
(2)
Red-tailed hawk (Buteo
jamaicensus)
(d)
General Class applicants shall be
at least eighteen (18) years of age and shall have at least two (2) years
experience in falconry at the apprentice level. A general falconer may possess
not more than two (2) raptors and may not obtain more than two (2) raptors for
replacement during any twelve (12) month period. A general falconer may not
take, transport, or possess any golden eagle (Aquila
chrysaetos), or any species listed as threatened or endangered by
federal law except when birds of listed species were bred in
captivity.
(e)
Master
Class applicants shall have at least five (5) years experience in falconry at
the general class level and shall possess not more than three
(3) raptors and may not obtain more than two (2) raptors
for replacement birds during any twelve (12) month period. Master falconers may
not take, transport, or possess a golden eagle unless authorized in writing by
the U.S. Fish and Wildlife Service. Master falconers may not take, transport,
or possess as a part of the three (3) bird limit, more than one raptor listed
as threatened in federal regulation, except when birds listed as threatened or
endangered were bred in captivity.
(B)
Permit
Requirements:
It sha ll be unlawful for holders of Falconry Permits to
fail to comply with the following requirements:
(1)
Raptors may be taken from the wild
by Permittees for the purpose of falconry only, and then only as follows
(a)
Young birds not capable of flight
(EYASSES) may be taken only by a General or Master class falconer on Fridays,
Saturdays, Sundays, and Mondays only, from March 1 through July 31. No more
than two (2) eyasses may be taken by a falconer during this period. The
Arkansas Game and Fish Commission (Falconry Coordinator) must be notified of
the location of Cooper's hawk and Sharp-shinned hawk nests prior to taking of
an eyas. Falconers must leave at least 2 chicks in the nest when taking an eyas
of either of these two species. Only eyasses of the following species may be
taken: red-tailed hawk, red-shouldered hawk, broad-winged hawk, Coopers hawk,
sharp-shinned hawk, American kestrel, great horned owl.
(b)
First year (Passage) birds may be
taken on Fridays, Saturdays, Sundays, and Mondays only, from September 1
through January 31, except that marked raptors or jessed raptors held under
permit may be re-trapped at any time.
(c)
Only American kestrels and great
horned owls may be taken when over one (1) year old, except that raptors other
than threatened or endangered species taken under a depredation or special
purpose federal permits may be used by general and master falconers. No more
than two (2) raptors can be taken during any twelve (12) months in the two
combined taking periods except for the re-trapping of escaped
falconry.
(d)
Take of
falconry birds from the wild by nonresident falconers will be allowed to take
one (1) legal raptor per year in Arkansas provided the state of their residence
reciprocates such approval for Arkansas falconers. Non-resident falconers must
first purchase an Arkansas nonresident hunting license. The taking of a legal
raptor by a non-resident must comply with Arkansas
regulations.
(e)
Raptors must be taken only in a humane manner. Any device used to take birds of
prey shall be labeled with the name, address and
phone number of the falconer, and must be attended to
continually by the falconer. No eggs may be taken from raptor
nests.
(2)
No Permittee shall purchase, offer
for sale, sell or barter any native raptor acquired from the wild. Permittees
may transfer raptors obtained from the wild to other Permittees within the
state when no money or other consideration is involved. Falconers may purchase
captive bred raptors that are banded with a numbered seamless, permanent
federal leg marker. Such captive bred raptors utilized for falconry shall not
be treated as threatened or endangered.
(3)
Another federally permitted person
may care for the birds of a Permittee for a period not to exceed thirty (30)
days, if written authorization from the Permittee accompanies the birds when
they are transferred. If the period of care exceeds fifteen (15) days, the
Commission must be informed of this action within three (3) days of this
transfer, who is caring for them and approximately how many days they will be
in the care of the second person.
(4)
Falconry Permittees shall notify
the Commission in writing of the death, loss or release of their raptors within
fifteen (15) days of occurrence. Each dead bird shall be frozen and surrendered
upon request to the Commission along with the band, if any, from that bird.
Dead birds may be buried or burned thirty (30) days after written notification
of the death to the Commission, provided that the Commission has not requested
disposal by other means.
(5)
A falconry permit holder must obtain written permission from the Chief
of the Wildlife Management Division before intentionally releasing into the
wild any species of raptor not indigenous to Arkansas.
(6)
Feathers from captive falconry
raptors may be possessed, retained and exchanged by Permittees for imping
purposes only.
(7)
Resident falconers may take wildlife only within the specific seasons and bag
limits, except that non-migratory game species, with the exception of bobwhite
quail, may be taken outside of the specified falconry seasons with a daily
limit of one (1) per raptor per day.
(8)
Except as provided above, the
Permittee must leave any accidentally killed animal where it lies, except that
the raptor may feed upon the animal prior to leaving the site of the
kill.
(C)
Reporting and Record Keeping Requirements:
(1)
Permittees shall report to the
AGFC by July 31, each year a listing of all raptors possessed on June 30 by
species, marker number (if any), sex, age, date and source of
acquisition.
(2)
Permittees must submit a properly completed federal form 3-186-A (Migratory
Bird Acquisition/Disposition Report) to the U.S. Fish and Wildlife regional
office within five days of taking, acquiring, purchasing, transferring,
receiving, losing or disposing of any raptor. No raptor may be possessed under
a falconry permit unless the Permittee has a properly completed form 3-186-A
for each bird possessed.
(D)
Facility and Caging
Requirements:
(1)
Applicant's facilities for the keeping of raptors and equipment shall be
inspected and certified to meet the following standards. Permittees must keep
all facilities and equipment at or above these standards at all times.
Facilities and equipment may be re-inspected by Commission personnel at any
time and any raptors removed when it is judged to be in the best interest of
the raptor
(2)
Indoor
Facilities (Mews) shall be large enough to allow the raptor to fully extend its
wings and allow easy access for care of the raptor(s) housed in the facility.
Raptors shall be tethered or separated by partitions and there shall be
adequate perches, as secure door easily closed and at least one (1) window
protected on the inside by vertical bars spaced narrower than the width of the
bird's body. The floor shall be well drained and permit easy
cleaning.
(3)
Outdoors Area shall be fenced and covered with netting or wire or roofed except
that perches more than six and one half feet (6 ½') high need not be
covered or roofed. The enclosed area should be large enough to insure that
birds flying from a perch cannot strike the fence. Raptors shall be provided
adequate perches and protection from excessive sun, wind and inclement
weather.
(4)
Applicants for falconry permits shall possess the following equipment:
(a)
At least one (1) pair of Alymeri
jesses or similar type constructed of pliable leather or suitable synthetic
material for use when any raptor is flown free.
(b)
At least one (1) flexible, weather
resistant leash and one (1) strong swivel of acceptable falconry
design.
(c)
A
suitable bath container for each raptor two to six (2"-6") inches deep and
wider than the length of the raptor.
(d)
A weathering area outdoor perch of
acceptable design for each raptor.
(e)
A reliable scale or balance
suitable for weighing the raptors held and graduated to increments of no more
than one half (1/2) ounce or fifteen (15) grams.
(5)
A raptor may be transported or
held in temporary facilities for a period not to exceed thirty (30) days.
Temporary facilities shall be provided with an adequate perch protected from
excessive temperature and excessive disturbance.
(E)
Inspection:
(1)
Any person, firm or corporation
issued a Falconry
Permit under this Code chapter shall allow entry, at any
reasonable hour, to employees or agents of the Commission upon the premises
where the permitted activity is conducted. Commission employees or agents may
enter such premises to inspect the facility, any and all records associated
with the activities relating to the permit, and any birds kept under authority
of the permit.
(F)
Permit Renewal,
Transfer, Suspension and Revocation:
(1)
Permits may be revoked by this
Agency for failure to comply with the terms of the permit or with the terms of
this Commission Code section.
(2)
Persons in violation of the terms
of this permit, violation of the Commission Code, or upon conviction of
associated regulations of the U. S. Fish and Wildlife Service, shall be
notified in writing of such violations and shall have twenty days to respond
with just cause as to why their permit should not be suspended or
revoked.
(3)
If, at
the end of the twenty-day period, just cause has not been given, this Agency
may suspend or revoke any existing permit held by the violator and may refuse
to issue any future permit. Such suspension, revocation or refusal to issue a
future permit shall be in addition to any criminal charges that may be
filed.
(4)
Upon
revocation, permit holder must legally remove all captive wildlife within the
time designated in the
revocation, not to exceed sixty (60) days, and failure to
do so shall result in the Commission taking action, per Commission policy, at
the permit holder's expense.
EXCEPTION:
(1)
A non-resident falconer with a
valid Non-resident Arkansas
Hunting License, and holding a valid falconry permit from
another state, may use raptors to take wildlife during open seasons. It is also
provided that such a properly permitted non-resident falconer, without further
permit, may enter and use raptors to take wildlife in any regional or national
falconry field trial authorized by letter from the Director of the Arkansas
Game and Fish Commission. PENALTY: $100.00 to $1,000.00 per
violation.
15.16
LIVE FOX AND COYOTE PERMIT. It
shall be unlawful to sell or
offer for sale live gray fox, red fox, or coyote captured
from the wild in
Arkansas without first obtaining a Live Fox and Coyote
Permit from
the Arkansas Game and Fish Commission.
PENALTY: $1,000.00 to $5,000.00 per violation
