RULE 002.00.83-008 - Code Book Regulations: 002.00.83-008

RULE 002.00.83-008. Code Book Regulations: 002.00.83-008

01.00-B DUTIES AND AUTHORITIES OF WILDLIFE OFFICERS. .

Wildlife officers shall be commissioned by the Commission and shall, concurrently with the sheriffs, constables and other peace, . officers throughout the State, have the right to apprehend persons detected violating any of the laws of the State enacted for. the protection of game, fish, fur-bearing animals and other wildlife, and to take such offenders before any court having jurisdict-, ion in the county where such offense is committed. Such persons shall also serve all processes issued by a court of competent juris- . diction relating to the enforcement of all laws pertaining to game, fish, fur-bearing animals and other wildlife of the State; to go upon any property outside of private dwellings, posted or otherwise, rn the performance of their duties; to carry firearms while performing duties, and may with or without a warrant, according to law, conduct searches.

Special Agents and "National Wildlife Refuge and National Park Service Employees who have been authorized to enforce laws and regulations administered by the U.S. Department of the Interior, Fish and Wildlife Service, may be commissioned as. Wildlife Officers by the Arkansas Game and Fish Commission, upon proper oath or affirmation and issuance of proper credentials, and shall have authority to make arrests, searches and seizures for violations of State game and fish laws and regulations. They shall serve without compensation in the discharge of these duties. Arkansas Wildlife Officers may be appointed as U.S, Deputy Game Wardens with the U.S. Department of the Interior,, Fish and Wildlife Service and shall have authority as conferred upon them by that agency. They shall serve without compensation in the discharge of these duties.

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.

ANTLERLESS DEER - Any deer (buck or doe) not meeting requirements to be a legal buck deer.

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.

BAITING - The placing, exposing, depositing or scattering of shelled, shucked or unshucked corn, wheat, or other feed so as to constitute a lure, attraction, or enticement to any area where hunters are attempting to take wildlife,

BREAM - Any species of a genus Lepomis to include bluegill, redear, warmouth, sunfish or 'perch'.

BUCK (Legal) - A deer with a minimum length of a two-inch hardened bone antler.

BUCK DEER SEASON - Any deer season whereby no deer other than legal buck deer may be taken,

COMMERCIAL FISH - Bowfin, grindle, 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 SHOOTING RESORT - Any person, firm, or corporation engaged, for pay or other consideration, in the business of providing commercially-obtained or pen-raised birds for harvest by hunters.

COMMISSION - The Arkansas State Game and Fish Commission, unless otherwise designated. DOE DEER SEASON -Same as either-sex season. EITHER-SEX SEASON - A season whereby any deer may be taken,

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 FARM - Waters and adjacent premises confined within a pond, tank, or lake not connected with public waters, and under management by acommerclal fish farmer.

FISH FARMER - Any person, firm, partnership or corporation engaged in the propagation and/or production of fish and/or minnows for sale.

FURBEARING ANIMALS - Badger, beaver, bobcat, civet cat, coyote, mink, muskrat, nutria, opossum, raccoon, river otter, skunk, and weasel.

GAME ANIMALS - Black bear, bobcat, coyote, deer, 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 FISH - Black bass, white bass, striped bass, striped bass hybrid, crappie, catfish, trout, bream, sunfish, goggle-eye, walleye, northern pike, muskellunge, sauger, and pickerel. GUIDE - A person who helps or aids, for hire, another person to hunt or fish.

HUNT - The search or pursuit of wildlife for the purpose of capture by shooting, killing trapping, snaring, taking, catching, or otherwise reducing to possession.

KILLING DEVICE - Any firearm, bow and arrow, crossbow, pellet gun, or any other device capable of killing wildlife. NON-RESIDENT - Any person not defined as 'resident'. NUISANCE ANIMALS - Any wild animal creating a problem by committing damage to personal property. (Depredation Permit available).

NUISANCE FURBEARING ANIMALS - Beaver, muskrat, and nutria.

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.

PEN-RAISED QUAIL- Quail that are hatched from eggs of quail raised in captivity in pens or cages.

PERSONS - Any individual, firm, corporation, association, or partnership in singular or plural as the context requires, POSSESS - To have under control or on the person, in a vehicle, in a boat, or in a camp.

PROTECTED GAME SPECIES - Any game species of which the taking is prohibited or limited by seasons.

RESIDENT - All persons who have established a bona fide or actual residence of at least '60 days prior to applying for a license, and who declare their intentions of becoming a citizen of Arkansas.

Possession of Arkansas real estate by persons living outside the state does not qualify the owner as a resident, 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. Servicemen and women stationed in Arltansas are granted resident privileges for hunting and fishing. i

ROUGH FISH - All fish not declared to be game fish.

SNAGLINE - Commerciai tackle consisting of a horizontal line with hooks or drops less than 24 inches apart.

TACKLE - Any rod, reel, pole, line, net, yo-yo, seine, or any other apparatus or device used to take fish.

TAKE - To shoot, kill, trap, snare, catch, or otherwise reduce to possession,

TO FISH - To catch, kill, collect, net, trap, spear, or otherwise reduce to possession.

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,

WILDLIFE - Any protected animal, bird, fish, frog, or reptile.

WILDLIFE MANAGEMENT AREA (WMA) - Designated areas set aside by the Commission and distinguished by certain mark--

ers, (Referred to as "WMA" or "WMAs").

ZONE - Any area defined or delineated by the Commission where hunting and/or fishing activities are regulated for that specific area.

CONFISCATION AND SEIZURE

01.00-D Any equipment, including but not limited to guns, boats, lights,

motors, or vehicle used in willful and deliberate violation of ' Commission Code 18.02 (Night Hunting Prohibited), 32.01 (Electrical Devices for Taking Fish Prohibited), 32.02 (Taking Fish With Firearms And Explosives Prohibited), 32,03 (Use of Toxic, Stupefying, or Killing Substances For Taking Fish Prohibited), Second Offense, 41.03 (Illegal Commercial Tackle), Second Offense, 32.04 (Trapping Fish Prohibited) may be seized and held, and upon conviction of the defendant or defendants, the court having jurisdiction may order title to said equipment forfeited to the State and the advertisement and sale thereof at public auction. The proceeds of the sale shall be applied to the Game Protection Fund.

18.17 WILDLIFE PET RESTRICTIONS. It shall be un- lawful to take or capture by any method other than by hands and retain in captivity any protected wildlife other than two (2) each of the species specified herein, and the sale, barter or transporting from the state of any live, protected game animal taken from the wild within the state or the progeny thereof is prohibited.

(A) Bobcat, coyote, deer, opossum, quail, rabbit, raccoon and squirrel. EXCEPTION:

(1) Wildlife exchanged with other states by the

Commission. PENALTY: S25.00 to S250.00.

18.18 FIREARMS PROHIBITED ON STATE-OWNED LAKES. It shall be unlawful to possess any firearms on lakes owned or controlled by the Commission.

EXCEPTION:

(1) While legally hunting waterfowl when said lakes are open to waterfowl hunting. PENALTY: $25.00 to S250.00.

18.19 WATERFOWL HUNTING RESTRICTIONS ON LAKES HARRIS BRAKE, HAMILTON. It shall be unlawful to take or attempt to take any migratory waterfowl from any watercraft or other floating device on Lake Hamilton in Garland County and Harris Brake Lake in Perry County. PENALTY: $25.00 to $250.00.

18.20 HUNTING RESTRICTED ON WATERFOWL REFUGE. It shall be unlawful to take or attempt

to take any migratory birds or waterfowl during declared open seasons for migratory birds or waterfowl, other than from one-half (Vz) hour before sunrise to 12:00 o'clock noon on the DeGray Lake Re-regulating pool in Clark County. PENALTY: $25.00 to $250.00.

18.21 WEAPON RESTRICTIONS ON BEAVER RE- SERVOIR ISLANDS. It shall be unlawful to possess or use any killing device other than shotguns and archery tackle while hunting any type of wildlife on all islands in Beaver Reservoir in Benton, Carroll and Washington Counties. PENALTY: $100.00 to $500.00.

18.22 HUNTING FROM CEMETERIES. It shall be un-lawful to hunt, take or attempt to take, any wildlife within any cemetery.

PENALTY: '$25.00 to $100.00.

18.23 HUNTING PROHIBITED ON CERTAIN RAIL-ROADS. It shall be unlawful to hunt from the

Missouri Pacific Railroad or Right-of-Way beginning at the intersection of the Missouri Pacific Railroad and the Arkansas Mississippi River Levee at Yancopin, northeast to the Benzal Bridge on the White River at the Arkansas-Desha County Line. PENALTY: $25.00 to $300.00.

(11/28/1983)

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