RULE 002.00.06-018 - Geocaching Restrictions on Commission-Owned Property

RULE 002.00.06-018. Geocaching Restrictions on Commission-Owned Property

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:

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 - 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, Non-

Resident 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.

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 sodaKs), 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),

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 wheeled):

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. 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 - Black bear, bobcat, coyote, deer, elk, fox, mink, opossum, rabbit, raccoon, and 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.

GEOCACHENG - 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)

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 has established a bona fide or actual residence of at least 60 days prior to applying for a license, and who declares intentions of becoming a citizen of Arkansas. Also, the following students, carrying proof of full-time enrollment in schools, colleges or universities while hunting or fishing in Arkansas, are eligible to purchase a resident license:

(1) Resident foreign exchange students attending school outside of Arkansas.

(2) Non-resident foreign exchange students attending school in Arkansas.

(3) Residents of Arkansas enrolled as full-time students in colleges and universities outside of Arkansas.

(4) Non-residents enrolled as full-time students in colleges and universities in Arkansas.

Possession of Arkansas real estate by persons living outside the state does not qualify the owner as a resident.

Servicemen and women stationed (permanently assigned) in Arkansas are granted resident privileges for hunting and fishing. Servicemen and women who were Arkansas residents at the time of entering service are also granted resident privileges for hunting and fishing, regardless where stationed. 65 Plus Lifetime 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: Any person who has established a bona fide or actual residence of at least 12 months (one year) prior to applying for a license, and has declared citizenship in Arkansas. 65 Plus

Lifetime Licenses: Any person who has established a bona fide or actual residence of at least 36 months (three years) prior to applying for a license,

and has declared citizenship in Arkansas.

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.

SNAGLENE - 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 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) ", "Field Trail Area (FTA)", "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.

20.36 GEOCACHING RESTRICTIONS ON COMMISSION-OWNED

PROPERTY. It shall be unlawful to establish or maintain a geocache on any Commission-owned property without first obtaining a Commission issued Geocaching Permit and complying with the terms of permit or the following restrictions:

1. All persons applying for a Commission issued Geocaching Permit must be at least 16 years of age.

2. All Geocaching Permit applications must contain the following information provided by the applicant: name, valid address, telephone number, email address, driver's license number, the exact GPS location provided by the Commission and any non-Commission website address on which the cache will be posted.

3. All permitted caches must be placed at the location designated by the Commission and must be clearly and permanently marked with the required permit number issued by the Commission.

4. All Geocaching Permit holders failing to renew their permit must notify the Commission in writing if their permit will not be renewed, remove the physical cache from Commission property and remove the cache location from all non-Commission websites or other information source.

5. If a Geocaching Permit holder fails to comply with the terms and condition of the Commission issued Geocaching Permit; or if the permit holder fails to remove a physical cache upon expiration or non-renewal of a Geocaching Permit; or if the geocache has been determined by the Commission to have caused adverse environmental damage, poses a public safety hazard or has caused user group conflicts; then the Commission reserves the right to remove the cache without notice and cancel the Geocaching Permit.

6. Caches may not be buried nor may vegetation or stones be disturbed to place a cache without written approval of the Commission. The use of dead, downed debris to assist in concealing the cache is allowed. The cutting or destruction of living vegetation is prohibited.

7. Metal detectors may not be used in cache searches.

EXCEPTION:

(1) Establishment and maintenance of official geocache locations on Commission-owned property by Commission personnel is allowed without a permit.

PENALTY: $250.00 to $1,000.00

(1/26/2007)

The following state regulations pages link to this page.