RULE 002.00.01-010 - Paddle fish, Sturgeon, Bowfin Management and Harvest Plan; Choctaw Island WMA Closure; Revision to Code Section 01.00D - Confiscation and Seizure

RULE 002.00.01-010. Paddle fish, Sturgeon, Bowfin Management and Harvest Plan; Choctaw Island WMA Closure; Revision to Code Section 01.00D - Confiscation and Seizure

(2) Saline River and backwaters from Stillion Railroad Bridge in Ashley and Bradley Counties to State Hwy 4 Bridge in Bradley County closed all year to gill and trammel nets.

(D) The following counties are closed year around to commercial fishing unless noted open in Section A or other 41.00 codes:

Baxter, Benton, Boone, Carroll, Clark, Cleburne, Cleveland, Conway, Crawford, Faulkner, Franklin, Fulton, Garland, Grant, Hot Spring, Howard, Independence, Izard, Logan, Johnson, Madison, Marion, Montgomery, Newton, Perry, Pike, Polk, Pope, Saline, Scott, Searcy, Sebastian, Sevier, Sharp, Stone, Van Buren, Washington and Yell counties. When a river or stream forms the boundary between opened and closed counties, that boundary segment shall be open to tackle legal in the open county, unless closed in other 41.00 and 44.00 codes.

EXCEPTION:

(1) That part of Saline River south of Hwy 24 in Howard and Sevier counties open year around to hoop nets.

PENALTY: $100.00 to $1,000.00.

41.05 RESIDENT COMMERCIAL FISHING PERMIT REQUIREMENTS.

It shall be unlawful to purchase commercial tackle tags or to operate commercial tackle without first obtaining a current Resident Commercial Fishing Permit and Sportfishing License and to fail to furnish a bill of sale with pennit number to fish markets, processors, or retailers for fish or parts thereof sold in each transaction. Said bill of sale shall be retained by the purchaser for a period of twelve (12) months and made available for inspection by a Commission Wildlife Officer. EXCEPTION:

(1) Applies only to the first sale of commercial fish or parts thereof.

(2) Individuals under age 16, or age 65 or over, will be required to purchase an Arkansas Resident Junior/Senior Commercial Fishing Permit only if they plan to sell commercial species offish.

(3) A person with a Helper Permit in his immediate possession may operate the properly tagged tackle of a licensed commercial fisherman.

PENALTY: $100.00 to $1,000.00.

41.05 (A) RESIDENT ROE TAKER/SELLER PERMIT REQUIREMENTS.

It shall be unlawful to take, sell, or possess paddlefish (also called spoonbill catfish), sturgeon, or bowfin or their parts including eggs (roe) without first obtaining a current Resident Roe Taker/Seller Permit. A commercial fishing license is required to purchase a Resident Roe Taker/Seller Permit.

Exception:

(1) A person with a Resident Roe Taker Helper Permit may harvest or assist in the harvest of paddlefish, sturgeon, or bowfin when in the immediate presence of a permitted Roe Taker/Seller.

(2) Sport fishermen in compliance with Code 31.01B.

(3) Permitted fish farmers in compliance with Code 42.10.

PENALTY: $500 to $1,000 and privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

41.05 (B) RESIDENT ROE BUYER/EXPORTER AND NON-RESIDENT ROE BUYER/EXPORTER PERMIT REQUIREMENTS.

It shall be unlawfull to buy or export across the stateline paddlefish, sturgeon, or bowfin or their parts including eggs (roe) for without first obtaining a current Resident Roe Buyer/Exporter Permit or Non-Resident Buyer/Exporter Pennit, as applicable. Licensed commercial fishermen who hold current Resident Roe Buyer/Exporter Permit may also take paddlefish, sturgeon, and bowfin in accordance with applicable season, size, and tackle regulations.

Exception:

1. Sportsmen in compliance with Code 31.01B.

2. Permitted fish farmers in compliance with Code 42.10.

PENALTY: $500 to $1,000 and privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

41.05 (C) ROE BUYER/EXPORTER REPORTING REQUIREMENTS. Resident Roe Buyers/Exporters or Non-Resident Roe Buyers/Exporters must submit monthly, on or before the 16'^ of the month, reports of roe buying transactions for the preceding month, on forms provided by the Commission. Resident Roe Buyer/Exporters must also report their take of roe. Failure to maintain accurate records will result in permit revocation and no renewal. These forms shall be completed at the time of purchase and made available for inspection by Arkansas Game and Fish personnel at any reasonable time.

PENALTY: $500 to $1,000 and privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

41.06 PURCHASE OF WILD COMMERCIAL FISH RESTRICTIONS. It shall be unlawful for fish markets, processors, or retailers to purchase commercial fish taken from the waters of the state without first obtaining a bill of sale from the seller for each transaction. Said bill of sale must indicate the pennit number of the seller.

EXCEPTION:

(1) Business establishments preparing fish for immediate consumption on the premises.

PENALTY: $100.00 to $500.00

41.10 COMBINING COMMERCIAL FISHING AND SPORTFISHING PROHIBITED. It shall be unlawful for a commercial fisherman to sport fish in the same waters where he is engaged in commercial fishing.

EXCEPTION:

(1) When fishing slat traps only.

PENALTY: $100.00 to $1,000.00.

41.11 POSSESSION OF GAME FISH BY COMMERCIAL FISHERMEN PROHIBITED. It shall be unlawful for commercial fishermen to possess game fish while engaged in commercial fishing or while possessing commercial tackle or commercial fish.

EXCEPTIONS:

(1) Catfish sixteen (16) inches or more in length.

(2) Alligator Gar.

(3) In compliance with Commission Code 41.10 (Combining Commercial Fishing and Sport Fishing Prohibited).

(4) Bream for bait.

(5) In compliance with Commission Code 41.12 (Undersized Commercial Fish Prohibited).

(6) In compliance with Commission Code 42.01 (Fish Farmer Permit Requirements).

PENALTY: $100.00 to $1,000.00 and fishing privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

41.12 UNDERSIZED COMMERCIAL FISH PROHIBITED. It shall be unlawful for commercial fishermen to possess catfish or buffalo fish less than 16 inches in length or paddlefish, sturgeon, and bowfin of any size taken from public waters.

EXCEPTION:

(1) Twelve (12) inch blue and channel catfish only may be taken in waters specified in Section 41.24.

(2) Holders of a current Resident Roe Taker/Seller Permit or Resident Roe Buyer/Exporter Permit in compliance with Code 41.05 (A) or Code 41.05 (B) may possess paddlefish in excess of 30 inches in body length (increased to 32 inches effective 1 November 2002) measured from front of eye to fork of tail, or less than 24 inches (increased to 26 inches effective 1 November 2002) blocked out (head removed immediately behind gills), sturgeon, or bowfin when in season.

PENALTY: $100.00 to $1,000.00 and fishing privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

41.13 COMMERCIAL FISHING BY NON-RESIDENTS PROHIBITED.

41.27 COMMERCIAL FISHING RESTRICTIONS IN BLUE MOUNTAIN AND NIMROD LAKES. It shall be unlawful to commercial fish in Nimrod Lake other than Noon, October 1 to Noon, March 1 and Blue Mountain Lake other than from Noon, October 1 to Noon, March 1. All common carp caught must be removed from these lakes. Commercial fishermen must register prior to fishing with the local district fisheries biologist and must submit monthly catch records to the local district fisheries biologist by the 15th of the following month. Legal sized gill and trammel nets or larger only.

PENALTY: $100.00 to $1,000.00 and revocation of commercial fishing privileges in Blue Mountain and Nimrod Lakes for noncompliance with requirements.

41.28 AP&L NUCLEAR POWER PLANT (LAKE DARDANELLE) COMMERCIAL FISHING RESTRICTIONS. It shall be unlawful to fish commercially in the AP&L Nuclear Power Plant discharge bay from November 1 through March 1.

PENALTY: $100.00 to $1,000.00.

41.29 COMMERCIAL FISHING RESTRICTIONS IN POINT REMOVE AND CADRON CREEKS. It shall be unlawful to use gill or trammel nets with a square bar mesh less than three and one-half (3 1/2) inches nor hoop nets with a square bar mesh less than two and one-half (2 1/2) inches during the commercial fishing season beginning noon September 30 to noon May 1 on the following creeks:

(1) Cadron Creek - from its mouth to Highway 287 on its east fork in Faulkner County.

(2) North Cadron Creek - from its mouth to Highway 285 in Faulkner County.

(3) Point Remove Creek - from its mouth up the east fork to Highway 95 and the Kissire Bridge on the west fork in Conway County.

PENALTY: $100.00 to $1,000.00.

41.30 PADDLEFISH POSSESSION RESTRICTIONS ON BORDER WATERS.

It shall be unlawful to commercially take or possess paddlefish, also called spoonbill catfish, or possess paddlefish parts including egg on that part of the White River, from Hwy 67 bridge at Newport, upstream to Dam 1 at Batesville from January 1 through May 31; and on the following border waters with Louisiana from November 1 through April 30: Red River in Hempstead, Lafayette, Little River, and Miller counties; Ouachita River from the Louisiana State Line to 100 yards below Felsenthal Lock and Dam; Bayou Bartholomew from the Louisiana state line to its source in Jefferson County; Bodcau Bayou from the Louisiana state line to the base of Lake Eriing Dam; Boeuf River from the Louisiana state line to its source in Chicot County; and Bayou Macon from the Louisiana state line to its source in Desha County.

PENALTY: $100.00 to $1,000.00.

41.38 HARVEST RESTRICTION OF STURGEON IN MISSISSIPPI RIVER.

It shall be unlawful to commercially take or possess sturgeon from the Mississippi River, including the Arkansas River to Dam #2 and the White River to Montgomery Point Lock and Dam.

PENALTY: $100.00 to $1,000.00.

41.39 CLOSED PADDLEFISH STURGEON, AND BOWFIN HARVEST SEASON

It shall be unlawful to take or possess paddlefish (also called spoonbill catfish), sturgeon, or bowfin, or their parts including eggs (roe) during the period of noon May 1 to noon, November 1.

EXCEPTION:

(1) Permitted Resident Roe Buyers/Exporters and permitted Non-Resident Roe Buyers may possess processed roe only with proper reports of transactions described in Code 41.05(C).

(2) Sportfishermen In compliance with Code 31.01B.

(3) Permitted fish farmers in compliance with Code 42.10.

PENALTY: $500 to $1,000 and privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

Section 42.00 Fish Farmer Regulations

42.00-A FISH FARMER DEFINED. A Fish Farmer shall mean any person, firm, or corporation engaged in the propagation or production of aquatic wildlife on property owned or controlled by said farmer.

42.01 FISH FARMER PERMIT REQUIREMENTS. It shall be unlawful for fish farmers to culture and/or sell aquatic wildlife without first obtaining a Fish Farmers Permit annually. A Fish Dealer License is required to sell minnows retail unless sold on property where minnows are grown.

PENALTY: $100.00 to $1,000.00.

42.02 FISH FARMER SALES RECORDS REQUIREMENTS. It shall be unlawful for fish farmers to fail to maintain legible records indicating sales and shipments and to reveal said records to a Commission Officer for inspection upon request.

PENALTY: $100.00 to $1,000.00.

42.03 FISH FARMER BILL OF LADING REQUIREMENTS. It shall be unlawful for fish farmers to fail to furnish bill of lading or bill of sale as specified herein:

(A) A bill of sale or true bill of lading must be immediately supplied to each purchaser of fish indicating the species, number "or weight" of fish sold, name of purchaser and name and permit number of fish farmer making transaction and accompany shipment to final destination.

(B) The name and address of the consignor and consignee must be indicated on a true bill of lading for fish shipped or transported in intrastate commerce.

(C) The original fish farmer's permit number must be indicated on each and every bill of sale, invoice or bill of lading covering each fish transaction.

PENALTY: $100.00 to $1,000.00.

42.04 FISH FARMER TACKLE REQUIREMENTS. It shall be unlawful for fish farmers to use or transport illegal commercial tackle without first complying with Commission Code 42.01 (Fish Farmer Permit Requirements).

PENALTY: $100.00 to $1,000.00.

42.05 TRANSPORTATION OR SALE OR WHITE CRAPPIE OR UNDESIRABLE AQUATIC WILDLIFE PROHIBITED. It shall be unlawful fish for farmers to transport, sell or deliver White Crappie (Pomoxis annularis) in excess of 6 (six) inches in length, or any fish or minnows designated as undesirable species (Ref: Commission Code 32.13 Certain Exotic Fish Prohibited) by the Commission.

PENALTY: $100.00 to $1,000.00.

42.06 RAISING FISH IN CONFINEMENT RESTRICTED. It shall be unlawful to raise any species of fish in confinement in public waters without first registering such operation with the Commission and complying with Commission Code 42.01 (Fish Farmer Permit Requirements).

PENALTY: $100.00 to $1,000.00.

42.07 FISHING IN CAGED FISH CONFINEMENTS PROHIBITED. It shall be unlawful to fish or otherwise disturb fish contained in fish confinements for production or rearing of said fish.

PENALTY: $100.00 to $1,000.00.

42.08 OPERATING LAKES AS A FISH FARM PROHIBITED.

It shall be unlawful to operate a lake as a fish farm without having adequate control structures to prevent the inflow of water from adjacent streams, creeks, bayous, or rivers and without first removing all wild fish present in compliance with a plan submitted by the applicant and approved by the Chief of Fisheries.

PENALTY: $100.00 to $1,000.00.

42.09 REARING OR SALE OF NON-NATIVE FISH SPECIES. It shall be unlawful to engage in the rearing or sale of non-native fish species without first registering in writing as a vendor of said species with the Director of the Arkansas Game and Fish Commission.

EXCEPTION:

(1) List of all known and approved non-native fish with the state. List available from Fisheries Division.

(2) All fish intended strictly for aquarium hobbyist trade.

PENALTY: $350.00 to $1,000.00.

42.10 PADDLEFISH, STURGEON, AND BOWFiN ROE REGULATIONS.

It shall be unlawful for a fish farmer to sell or buy paddlefish (also called spoonbill catfish), sturgeon, or bowfin or their parts including eggs (roe) without first obtaining a Resident Roe Taker/Seller Permit, Resident Roe Buyer/Exporter Permit, or a Non-Resident Roe Buyer Permit as applicable in accordance with Code 41.05. Fish farmers in possession of a Resident Roe Buyer/Exporter Permit, or a Non-Resident Roe Buyer Pemriit will be required to follow the reporting requirements as stated in Code 41.05.

PENALTY: $500 to $1,000 and privileges may be suspended in accordance with Code 11.05, Revocation of Privileges.

(12/31/2001)

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