RULE 002.00.84-003 - Code Book Regulations: 002.00.84-003

RULE 002.00.84-003. Code Book Regulations: 002.00.84-003

Game animals - Black bear, bobcat, coyote, deer, 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 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 with the purpose of taking or attempting to take by any method with intent to reduce 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.

PERSON - 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. Servicen.en 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.

ROUGH FISH - All fish not declared to be game fish. SNAGLINE - Commercial 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, attempt to catch, kill, collect, net, trap, spear or otherwise attempt to reduce to possession. WATERS OF THE STATE - All streams, lakes, sloughs, bayous, marshes,or any other water wholly or partially within theState. 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 markers. (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, I boats, lights, motors, or vehicles used in willful and I deliberate violation of Commission Code 18.02 (Night j 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.

Illegally-taken mussel shells, furs, pelts, game, and fish shall be seized and, if salable, shall be sold and the proceeds therefrom placed in the Game Protection Fund. If not salable, edible game and fish shall be given to a charitable institution, a non-profit organization, public school lunches, or to needy persons approved by a wildlife officer. Deer killed by motor vehicles shall, if edible, be tllsposed of fn the same manner.

Seizure of tackle and/or equipment - Any unlicensed or illegal tackle, traps or any device in violation of Commission Regulations shall be seized by Wildlife Officers and disposed of according to Commission Code.

TRANSPORTING WILDLIFE ACROSS STATE LINES

01.00-E Wildlife, or parts thereof, taken in violation of State Laws or regulations and tran^orted across statelines is a violation of Federal Laws.

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02.15 BEAR CHECKING REQUIREMENTS. It shall be unlawful to fail to check any bear taken within 24 hours at an official check station or with a Commission employee and provide infor?aation for checking before removing from the zone where taken. PENW-TY: $50-00 to $300.00.

02.16 BEAR SEASON HUNTER ORANGE REQUIREMENTS.

It shall be unlawful to hunt any wildlife? OP to accompany or assist anyone in hunting wildlifer during a declared bear season in areas open to bear hunting without wearing an outer garment, above the waistline, of fluorescent blaze orange (hunter orange) totaling at least 400 square inches, and a fluorescent blaze orange head garment must be visibly worn on the head-PENALTY: $25.00 to $250-00.

02.17 BEAR CHECKING REQUIREMENTS. It shaU be unlawful to fail to check any bear taken within 24 -hours at an official check station or with a Commission employee and provide information for checking before removal from the zone where

PENALTY; S50.00 to S300.00.

02.18 BEAR SEASON HUNTER ORANGE REQUIREMENTS. It shall be unlawful to hunt any wildlife, or to accompany or assist anyone in hunting wild- ' Ufe, during a declared bear season in areas open to bear hunting without wearing an outer garment, above the waistline, of fluorescent blaze orange (hunter orange) totaling at least 400 square inches - and a fluorescent blaze orange head garment must be visibly worn on the head. PENALTY: S25.00 to $250.00.

Section 03.00 Licenses

03.01 LICENSE AND PERMIT REQUIREMENTS. It shall be unlawful to take or attempt to take any fish or wildlife when and where a license, permit, tag or stamp is required without first obtaining said license, permit, tag or stamp. PENALTY: $25.00 to $300.00.

03.02 FISHING LICENSE REQUIREMENTS. It shaU be unlawful for any resident or non-resident to fish in any manner or to take or attempt to take frogs, minnows, or mussels in Arkansas without having on the person the appropriate Arkansas fishing license as provided herein:

(A) Arkansas Resident - Resident Annual or Three (3) Day Trip Fishing License required of persons 16 years of age and older, a Resident Lifetime Fishing License for persons 65 years of age and older, or those qualifying as 100% disabled veterans.

(B) Non-Residents - Annual Non-Resident Fishing License, or a three (3) Day Trip License, or a Non-Resident Fourteen (14) Day Trip License required of persons 16 years of age or older.EXCEPTIONS:

(1) Persons fishing in pay lakes licensed by the Commission.

(2) Persons possessing valid Commercial Fishermen's Permit and engaged only in the taking of commercial fish from properly licensed commercial tackle.

(3) Residents of Louisiana and Texas 65 years of age or older with verification of age and residence on the person.

PENALTY: Resident - $25.00 to $250.00 Non-Resident - $50.00 to $300.00.

03.03 HUNTING LICENSE REQUIREMENTS. It shallbe unlawful for any resident or non-resident to

take or attempt to take any wild animal or bird by any means in Arkansas without having on the person the appropriate Arkansas Hunting License as provided herein:

(A) Arkansas Resident - Resident hunting Hcense orResident Hunting License and Sportsman's Permitrequired of persons 16 years of age and older, a Resident Lifetime Hunting License for persons 65 years of age and older, or those qualifying as 100% disabled veterans.

(B) Non-Residents hunting small game only (excluding deer, turkey and bear). Requirements: Annual Non-Resident (Small Game Hunting License or 5-Day Trip Hunting License for a period of said license, and Non-Resident Fur-Takers Permit if hunting fur-bearing animals.

(C) Non-Residents hunting deer and/or Wild Turkey.

Requirements: Annual Non-Resident Big Game Hunting License and Non-Resident Fur-Takers Permit if hunting furbearing animals.

(D) Non-Residents hunting Bear. Requhements: Annual Non-Resident Big Game Hunting License and Bear Permit.

EXCEPTIONS:

(1) Residents and Non-Residents engaging in hunting activities on a Licensed Commercial Shooting Resort in compliance with regulations pertaining to Commercial Shooting Resorts.

(2) Non-residents under 16 years of age prior to killing a deer, turkey or bear providing said non-resident under 16 years of age obtains a Non-Resident Big Game Hunting License and a Bear Permit if applicable.

PENALTY: Residents - S50.00 to S300.00. Non-Residents- SI50.00 to $300.00.

03.03-A STATE MIGRATORY WATERFOWL HUNTING STAMP REQUIREMENTS. It shall be unlawful to take or attempt to take migratory waterfowl without first obtaining and having on the person an Arkansas Migratory Waterfowl Hunting Stamp (Duck Stamp) and to fail to validate said stamp by signing (signature) hi ink across the face thereof: EXCEPTION:

(1) Persons under sixteen (16) years of age. PENALTY: S50.00 to S300.00.

03.04 NON-RESIDENT ILLEGALLY POSSESSING RE-

SIDENT LICENSE. It shall be unlawful for any non-resident to possess any resident license, permit, or tag issued by the Commission. PENALTY: $150.00 to $300.00.

Suspension of hunting privileges in Arkansas for a period of up to 24 months may be imposed.

03.05 POSSESSION OF IMPROPER LICENSE. It shall be unlawful to possess any license, permit, tag or stamp issued by the Commission to any other person.

PENALTY: $25.00 to $250.00.

03.06 LENDING LICENSE PROHIBITED. It shaU be unlawful to lend any license, permit, tag or stamp issued by the Commission to any other person. PENALTY: $25.00 to $250.00.

03.07 COUNTERFIETING LICENSE PROHIBITED. It shall be unlawful to counterfeit any license, per-

mit, tag or stamp issued by the Commission; or to collect funds for any license, permit, tag or stamp by an unauthorized person. PENALTY: $100.00 to $500.00.

A jail sentence for a period of up to 90 days may be imposed.

03.08 BACKDATING OR ALTERING LICENSE PRO- HIBITED. It shall be unlawful for any person

(including License Dealers) to backdate or alter any hcense, permit or tag issued by the Commission or to possess any license, permit, tag or stamp issued by the Commission that has been altered. PENALTY: $25.00 to $250.00.

03.09 GUIDE LICENSE REQUIREMENTS. It shall be 7-80 unlawful to guide, aid, or assist another person,

for pay or other consideration, in the taking of any species of wildlife or fish without obtaining a Commercial Guide License. PENALTY: S25.00 to S250.00.

03.10 LICENSE DEALER REQUIREMENT. Authori- zed license dealers of the Arkansas Game and

Fish Commission shall be required to retain and make available for inspection by an authorized agent of the Commission, a copy or stub (whichever is appropriate) of all licenses, permits or tags issued by said dealer until the expiration date of such license, permit or tag. Failure to comply with this order will result in automatic cancellation of Ucense dealership by the Fiscal and Administration Services Division of the Arkansas Game and Fish Commission. No license dealer so cancelled shall be reinstated until such reinstatement shall have been approved by the Chief Fiscal Officer.

03.11 CHARGING IN EXCESS OF AUTHORIZES LICENSE FEES PROHIBITED. The authority of any authorized dealer, his agents or assigns to sell Arkansas hunting or fishing licenses or permits who shall charge the purchaser thereof any amount in excess of the authorized price thereof, whether such excess be a cash fee, the requirement to rent or purchase goods or services or any other means, as a condition to purchase such license or permit shall be revoked by the Chief Fiscal Officer and such dealer, his agents or assigns, shall be ineligible to apply for reinstatement of such authority for a period of six months thereafter.

In the event such dealer, his agents or assigns, shall be in violation hereof after his authority to sell such license has been revoked for a previous viofafion and such authority subsequently rein-staled, the authority of such dealer, his agent or assigns, to sell Arkansas hunting or fishing license or permits shall be permanently revoked. PENALTY: S25.00 to S250.00.

Section 08.00 Archery and Crossbow

08.01 RESIDENTARCHERY AND CROSSBOW LIC-ENSE REQUIREMENTS. It shaU be unlawful for

any resident16 years of age or older to hunt with archery tackle or crossbow without first obtaining a current ArkansasResident Hunting License and Sportsmans Permit.EXCEPTIONS:

(1) Holders of Lifetime Hunting License.

(2) Use of archery tackle or crossbow to legally take fish.

PENALTY: $50.00 to $300.00.

08.02 NON-RESIDENT ARCHERY AND CROSSBOW LICENSE REQUIREMENTS. It shaU be unlawful for any non-resident to hunt with archery tackle or crossbow without first obtaining a current Arlansas Non-Resident Big Game Hunting License. EXCEPTION:

(1) Non-residents under 16 years of age prior to taking a deer, turkey or bear with archery tackle or crossbow providing said non-resident under 16 years of age obtains a Non-Resident Big Game Hunting License (and Bear Permit if applicable) after taking a deer, turkey or bear. PENALTY: $50.00 to $300.00.

08.03 ARCHERY DEER BAG LIMIT. It shai be unlaw- ful to take more deer with archery tackle than the combined season limits. (Ref: Commission Code

02.12

PENALTY: $200.00 to $500.00.

In addition, a jail sentence not to exceed 10

days may be imposed.

08.04 POSSESSION OF FIREARMS WHILE ARCHERY AND CROSSBOW HUNTING PROHIBITED. It shall be unlawful to have any firearms in the immediate possession while hunting deer or turkey with archery tackle. EXCEPTIONS:

(1) Legal firearms when and where a regular gun or muzzle-loading deer season is declared open.

(2) Legal firearms when and where bear season is declared open.

PENALTY: $50.00 to $300.00.

08.05 ARCHERY TACKLE RESTRICTION. It shaD be unlawful to take or attempt to take wildlife with long bow and arrow or compound bow and arrow other than as specified herein.

(A) Bows having a minimum pull of 40 pounds at some point within a 28-inch draw.

(B) Hand-held bows without string lock.

(C) Bows without telescopic or magnifying sights.

(D) Bows using arrowheads with a minimum width of 7/8 inch.

(E) Bows using arrowheads not treated with chemicals and/or poisons.

PENALTY: S25.00 to $250.00.

08.06 LEGAL ARCHERY AND CROSSBOW DEER KILL RESTRICTION. It shall be unlawful to take other than legal buck deer with archery tackle or crossbow during a regular gun deer season open to taking of legal bucks only. PENALTY: $100.00 to $300.00.

08.07 DOGS PROHIBITED DURING ARCHERY ANDCROSSBOW SEASON. It shall be unlawful to hunt deer with dogs while using archery tackle or crossbow. EXCEPTIONS:

(1) After wounding deer, one dog controlled by leash for trailing wounded deer after permission has been obtained from a wildlife officer.

(2) During a regular gun deer season in areas open to deer hunting with dogs.

PENALTY: $25.00 to $250.00.

08.08 CROSSBOW RESTRICTIONS. It shall be unlawful to hunt with a crossbow of less than 125 pounds pull or with an arrowhead less than 7/8 inch in width or without said crossbow having an approved mechanical safety device or crossbow with telescopic sights. PENALTY: $100.00 to $500.00.

Section 09.00 Dogs

09.01 HUNTING DOG LICENSE REQUIREMENTS.

It shall be unlawful to use any dog to hunt, chase,

pursue, or retrieve wildlife or to train said dogs for such purposes without first obtaining a current Arkansas Hunting Dog License and Tag, and without said numbered hunting dog license corresponding with the numbered dog tag being in the immediate possession of the person using said dog.! A collar bearing the Hcense tag and a plate with] the name and address of the owner must be worn by the Ucensed hunting dog,

EXCEPTIONS:

(1) Collars not required to be worn by waterfowl retrievers while in the act of retrieving waterfowl if the owner or person in charge of said retriever has on his person the collar bearing the required plate and tag.

(2) Owner's name and address tattoed in hunting dog's ear may be substituted for plate bearing owner's name and address.

(3) Non-resident's dogs during permitted AKC, UKC, ACHA hunts and field trials.

PENALTY: SIO.OO to SIOO.OO.

09.02 HUNTING DEER WITH DOG RESTRICTIONS. It shall be unlawful to use dogs to hunt deer during open gun deer season in zones or areas closed by the Commission to the use of dogs. PENALTY: S25.00 to S250.00.

09.03 RESTRICTED USE OF DOGS DURING DEER SEASON. It shall be unlawful to use dogs for hunting deer during the declared open gun deer seasons other than as specified herein.

A. November J0-J8, 1984. Dogs of any breed may be used in zones 5,6,7,8J0J1J2J2A,}3,14, 15,16,17,19 & 20. Dogs with shoulder height no more than 15 inches may be used in zones 1,3 & 9. No dogs in zone 2.

B. November 22-24, 1984 - Dogs prohibited for all hunting except quail and waterfowl retrievers in areas open to deer hunting.

C. December 10-15, 1984 - Dogs of any breed may be used in zones 12,12A,13,14,15,16.17, 19 & 20. No dogs in zones 1,3.5,6,7,8,9,10 d 11. Zones 2 & 4 closed.

PENALTY: $25.00 to S250.00.

09.04 DOGS PROHIBITED ON BEAVER LAKE

ISLANDS. It shall be unlawful to use dogs whUe

hunting wildlife on islands in Beaver Lake during open deer seasons. PENALTY: S25.00 to $250.00.

09.05 DEER DOG RESTRICTIONS, It shall be unlawfulto allow dogs to chase deer.

EXCEPTIONS:

(1) In compliance with Commission Code 09.07.

(2) In zones or areas declared open by the Commission to the use of dogs for deer hunting.

PENALTY: $25.00 to $250.00.

09.06 CHASEMG FOR PLEASURE RESTRICTIONS. It

shall be unlawful to possess any killing device when

using dogs to chase fox, rabbit, raccoon, bobcat or coyote for pleasure during closed seasons on species being pursued. PENALTY: $100.00 to $500.00.

09.07 DEER DOG TRAINING RESTRICTIONS. It shallbe unlawful to allow dogs to chase deer for training

purposes other than from October 1 through December 31 of each year, and to possess a killing device while engaged in training of deer dogs. EXCEPTIONS:

(1) Legal weapons for deer hunting permitted during a declared open gun deer season when and where dogs are permitted.

(2) Deer dog training prohibited during a declared gun or muzzle-loading season when and where the use of dogs for deer hunting is not permitted.

PENALTY: $100.00 to $300.00.

09.08 BIRD DOG TRAINING RESTRICTIONS. It shall be unlawful to use firearms other than pistols with

solid ball or blank ammunition while training bird dogs.

PENALTY: $25.00 to $250.00.

09.09 RESTRICTED USE OF DOGS DURING COYOTE SEASON. It shall be unlawful to use dogs to take or

attempt to take coyote other than during the declared open furbearing animal season and during regular gun (modern firearms) deer seasons where dogs are permitted for taking deer. PENALTY: $100.00 to $300.00.

Section 10.00 Furbearing Animals

10.01 NON-RESIDENT FUR-TAKER'S PERMIT RE- QUIREMENT. It shall be unlawful for non-resi-

dent persons of any age to take, attempt to take, or possess any furbearing animals or any parts day following the close of the regular fur-bearing animal season. EXCEPTIONS:

(1) Beaver, muskrat, and nutria pelts may be possessed or disposed of at any time.

(2) A properly licensed fur dealer having an established place of business in Arkansas shall be allowed 25 days following the close of the fur-bearing animal season.

(3) A fur dealer after obtaining an extension by submitting to the Commission, within 25 days following the close of fur-bearing animal season, an application accompanied by an inventory indicating the number and kinds of pelts on hand.

PENALTY: S200.00 to S500.00.

10.15 FUR DEALER LICENSE REQUIREMENT. It shall be unlawful to buy or re-sell furs without,

first obtaining the appropriate (resident or nonresident) fur dealer license for each individual buyer or separate place of business. EXCEPTION:

(1) Non-resident fur dealers buying pelts from or selling pelts to Arkansas resident fur dealers. PENALTY: Resident - SIOO.OO to S250.00. Non-Resident - SIOO.OO to S500.00.

10.16 FUR DEALER REPORTS REQUIRED. It shall be unlawful for any fur dealer to fail to itemize and completely fill out the Commission Fur Dealer Report daily; to fail to provide said report for immediate inspection upon request of a Commission employee; for said report to be submitted to the Commission no later than 30 days following the close of the regular furbearing animal season. PENALTY: S 100.00 to $500.00.

In addition, dealer license may be suspended for a period of up to one year.

10.17 GRAY FOX HUNTING AND TRAPPING RE-STRICTIONS. It shaU be unlawful to take or attempt to take gray fox in zones other than gray fox management zone 3. Reference Commission Code 05.03. PENALTY: S200.00 to $500.00.

requiring plugs must be plugged with a one piece filler which will require disassembly of gun for removal.

PENALTY: S25.00 to S250.00.

13.06 MIGRATORY GAME BIRDS SHOOTING HOUR RESTRICTIONS. It shall be unlawful to take or attempt to take any migratory game bird, including migratory waterfowl, prior to 30

minutes before sunrise (local time) or later than sunset {local time),

EXCEPTION:

(1) Teal taken from sunrise to sunset (local time) during special teal season.

PENALTY: S25.00 to S250.00.

Section 14.00 Birds

14.01 TAKING OF BIRDS & EGGS PROHIBITED. It shall be unlawful to take or attempt to take wild birds or bird eggs.

EXCEPTIONS:

(1) Migratory or resident game birds during seasons declared open by the Commission.

(2) English Sparrows.

(3) Black birds, starlings, and crows committing damage to agricultural crops or personal property.

(4) Crows as permitted under Commission Code 02.10 (Crow Hunting).

(5) In compliance with Commission Code 14.03 (Falconry)

(6) In compUance with Commission Code 18,17 (Pets).

PENALTY: $100.00 to $500.00.

14.02 BAITING OF CROWS PROHIBITED. It shall be unlawful to take or attempt to take crows by the

aid of baiting (Ref: Section 01.00 -C "Baiting"). PENALTY; $100.00 to S300.00.

14.03 FALCONRY PERMIT REQUIRED. It shall be unlawful to engage in falconry without first obtaining a permit from the Commission and complying with the requirements of said permit. PENALTY: $100.00 to S500.00.

14.04 FALCONRY REPORT REQUIRED. It shaU be unlawful for any person holding falconry permits from the Commission to fail to report to the Commission by July 31 of each year a listing of all raptors possessed on June 30 by species, marker number, sex, age, date, and source of acquisition.

PENALTY: SIOO.OO to $500.00.

14.05 PEN-RAISED QUAIL SHOOTING RESTRICT-IONS. It shall be unlawful to take or attempt to

take, pen-raised quail without first obtaining a Shoot-to-Kill Bird Dog Training Permit or a Shoot-to-Kill Bird Dog Field Trial Permit, or fail to comply with the requirements of said permits. PENALTY: $50.00 to $300.00.

In addition, revocation of permit privileges

for a period of one (1) year.

Section 15.00 Game Breeders

15.01 COMMERCIAL GAME BREEDER'S PERMIT

REQUIREMENTS. It shall be unlawful to raise for sale fur-bearing animals, game birds, or bullfrogs without first obtaining a Commercial Game Breeder's Permit from the Commission. or for bullfrogs to be kept or reared in other than escape-proof pens.

PENALTY: S25.00 to S300.00. Second offense. penalty not less than S500.00.

18.01 HUNTING WILDLIFE IN CLOSED SEASON PROHIBITED. It shall be unlawful to take; attempt to take, or possess any species of wildlife, or portions thereof, other than during a season declared open by the Commission. EXCEPTIONS:

(1) In compUance with Commission Code 18.17 (Wildlife Pet Restrictions);

(2) In compliance with Commission Code 18.09 (Depredation Permits);

(3) In compliance with Commission Code 10.03 (Nuisance Furbearing Animal Trapping Restrictions);

(4) In compliance with Commission Code 10.04 (Nuisance Animal Trapping Requirements);

(5) In compUance with Commission Code 15.01 (Game Breeder's Permit);

(6) In compUance with Commission Code 15.04 (Special Commercial QuaU Permit);

(7) WUdUfe legally obtained or brought from outside the state and accompanied by verification;

(8) Nuisance Furbearing Animals (Beaver, Muskrat, Nutria);

(a) Beaver taken the entire year with firearms during daylight hours only and/or by trapping in water sets only outside the declared furbearing animal season.

(b) Muskrat and Nutria trapping .in compliance with Commission Code' 10.03 (B) and taken the entire year with firearms during daylight hours only, by landowners, controllers or their designees on their property where damage is being committed.

(c) Taken with firearms at night in compliance with Commission Code 18.09 (Depredation Permit).

(9) In compliance with Commission Code 14.05Pen-raised quail shooting restrictions). PENALTY: $200.00 to $500.00.

In addition, a jail sentence not to exceed 10 days may be imposed and hunting privileges may be suspended for a period of up to two years.

18.02 NIGHT HUNTING PROHIBITED. It shall be un-lawful to hunt or kill any wildlife at night with or without the use of a light of any type.

EXCEPTIONS:

(1) The taking of furbearing animals when treed by dogs during open furbearing animal season;

(2) The taking of frogs by legal methods during open bullfrog season.

PENALTY: $250.00 to $1,000.00.

In addition, a jail sentence of up to one year and/or suspension of hunting and fishing privileges for a period of up to two years may be imposed. Equipment used in such violations (including but not limited to killing devices and lights) may be confiscated by the court, forfeited to the State, and disposed of according to law.

18.03 SELLING GAME RESTRICTIONS. It shall be un-lawful to purchase, sell, offer for sale, barter or trade bear or portions thereof or any other protected species of wild game. EXCEPTIONS:

(1) Furbearing animals legally taken during de-Glared open furbearing animal season.

(2) In compliance with Commission Code 15.01 (Commercial Game Breeder's Permit Requirements).

(3) In compliance with Commission Code 15.04 (Special Commercial Quail Permit Requirements).

(4) In compliance with Commission Code 36.04 (License Requirements for Sale of Bullfrogs by Fish Farmers).

(5) Wildlife legally obtained outside the state and accompanied by verification.

PENALTY; $500.00 to $2,000.00.

Also, a jail sentence not to exceed one (1) year may be imposed.

18.04 HUNTING FROM ROAD PROHIBITED. It shall be unlawful to hunt from, or attempt to take any species of wildlife by shooting from, on, or across any city, county, state or federally maintained road or the right-of-ways thereof; and from, on, or across the main west ievee of the Mississippi River from the Louisiana-Arkansas River Levee to the intersection of State Highway 11 north of Grady, Lincoln County, Arkansas. PENALTY; $50.00 to $250.00.

18.05 TAKING WILDLIFE AT NIGHT FROM A BOAT PROHIBITED. It shaU be unlawful to take or attempt to take any v-ildlife from a boat during the hours of darkness, or to transport any firearms in a boat at niglit without said fireanns being unloaded and cased. EXCEPTIONS:

(1) Taking of frogs by legal methods during declared open season;

(2) In compliance with Commission Code 18.09 (Depredation Permit).

PENALTY: $100.00 to $1,000.00.

18.06 TAKING WILDLIFE FROM AIRCRAFT PRO- HIBITED. It shall be unlawful to take, attempt to take, drive, herd, or harass wildlife by the aid of an aircraft.

PENALTY: SI00.00 to $500.00.

18.07 DEADFALLS. DRUGS, CHEMICALS, POI- SONS, EXPLOSIVES PROHIBITED FOR TAKING WILDLIFE. It shaU be unlawful to take or attempt to take wildlife by the use of deadfalls, drugs, poisons, chemicals, or explosives. PENALTY: $100.00 to $500.00.

18.08 TAKING WILDLIFE FLEELNG FROM FIRE, FLOOD PROHIBITED. It shaU be unlawful to take or attempt to take wildlife fleeing from fire or flood.

PENALTY: $25.00 to $250.00.

18.09 DEPREDATION PERMIT REQUIREMENT. It shall be unlawful to take or attempt to take any protected wildlife allegedly doing damage to crops or personal property without obtaining a permit from a Commission representative and complying with the terms of said permit.

EXCEPTION;

(1) During a declared open season on the species committing damage. PENALTY: $25.00 to $250.00.

18.10 HUNTING PROHIBITED IN STATE AND NATIONAL PARKS. It shall be unlawful to take or attempt to take wildlife in any state or national park in Arkansas or to possess any killing device in said parks. PENALTY: S25.00 to $250.00.

18.11 LOADED FIREARM IN RECREATION

AREAS PROHIBITED. It shaU be unlawful to possess loaded firearms on any U.S. Corps of Engineers recreation or public use area where prohibiting signs are posted. (Ref; Section 01.00 -C Firearms, Loaded). PENALTY: $25.00 to $250.00. ^

18.12 IMPORTING OR RELEASE OF IMPORTED SPECIES OF WILDLIFE PROHIBITED. It shaU

be unlawful to import, have shipped into or possess in the state any species of wildlife designated as undesirable species by the Commission or to release into the wild any imported species of wildlife without prior approval of the Commission. PENALTY: $100.00 to $500.00.

18.13 TAKING OF RED FOX PROHIBITED. It shall be unlawful to take, attempt to take or possess

redfox or red fox pelts.I

EXCEPTION:

(1) When legally obtained outside the state and accompanied by verification.

PENALTY: $200.00 to $1,000.00.

18.14 TAKING OF ALLIGATOR PROHIBITED. Itshall be unlawful to take, attempt to take, or

possess alligators or any part thereof.

EXCEPTION:

(1) When legally obtained outside the state and

accompanied by verification. PENALTY: $500.00 to $1,000.00.

18.15 TAKING OF MOUNTAIN LION PROHIBITED.It shall be unlawful to take, attempt to take, or

possess a mountain lion, cougar, or pantheii

(Felis concolor) at any time.

EXCEPTION:

(1) When legally obtained outside the state and

accompanied by verification. PENALTY: $500.00 to $1,000.00.

18.16 TAKING OF ELK PROHIBITED. It shall be un-lawful to take, attempt to take, or pos^ss an elk

at any time.

EXCEPTION:

(1) When legally obtained outside the state and

accompanied by verification. PENALTY: Not less than $5,000.00.

18.17 WILDLIFE PET RESTRICTIONS. It shaU be un- lawful to take or attempt to take 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, purchase, 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, gray fox, opossum,

quail, rabbit, raccoon and squirrel. EXCEPTION:

(1) Wildlife exchanged with other states by the

Commission. PENALTY: $100.00 to $500.00.

18.18 FIREARMS PROHIBITED ON STATE-OWNED

LAKES. It shall be unlawful to possess any fire-

arms 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 $250.00

18.19 WATERFOWL HUNTING RESTRICTIONS ON LAKES HARRIS BRAKE, HAMILTON. It shaU

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

15.20 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 f'A) hour before sunrise to J2:00 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.

(D) Commercial gill and trammel nets, minimum square bar mesh size - three and one-half (31^) inches. EXCEPTIONS:

(1) Three (3) inch square bar mesh gill and trammel nets used from noon September SO to noon May 1 in waters open to commercial fishing. Ref: Commission Code 41.09 (Waters Closed to Commercial Fishing).

(2) Three (3) inch square bar mesh gill and trammel nets used the entire year in RED RIVER - Hempstead. Lafayette, Little River, and Miller Counties. LITTLE RIVER from its mouth in Hempstead and Little River Counties upstream to one hundred (100) yards below Millwood Lake Dam. OUACHITA RIVER from the Arkansas-Louisiana Stale Line upstream to the mouth of Little Missouri River in Clark. Dallas and Ouachita Counties. SALINE RIVER within the boundaries of the Felsentha! Sationa! Wildlife Refuge in Ashler and Bradlev Counties- FOURCHE LeFAVE RIVER from its mouth to Highway 7 Bridge in Perry County. PETIT JEAN RIVER from its mouth to Highway 10 Bridge in Yell County. WHITE RIVER upstream to the mouth of Salado Creek in Independence County. BLACK RIVER up-

stream to the mouth of Spring River in Lawrence and Randolph Counties. ST. FRANCIS RIVER upstream to the mouth of the left hand chute of Little River in Poinsett County. ARKANSAS RIVER from its mouth to Morgan Cut-Off in Arkansas and Desha Counties. ARKANSAS WATERS between the main levees of the Mississippi River. All lakes, bays or other bodies of water, other than tributary streams, connected to waters as specified, when accessible by boat, from the main channel.

(3) Three and one-half{3!^) mch square bar mesh gill and trammel nets used from noon Sept. 30, 1983 to noon March 15, 1984 in Nimrod Lake (Perry-Yell Counties) and Blue Mountain Lake (Logan-Yell Counties) and from noon Sept. 30, 1983 to noon Oct. 31, 1983 and from noon -Jan: 31, 1984 to Feb. 29, 1984 in Lake Pine Bluff (Jefferson Co.) upon obtaining a permit from the District Fisheries Biologist. PENALTY: $50.00 to $500.00.

41.04 GILL AND TRAMMEL NET MESH RESTRIC- TIONS. It shall be unlawful to use gill and tram-

mel nets with less than three and one-half {3^A) inch square bar mesh the entire year on the Arkansas River, excluding tributary streams; from Lock No. Two (2) - Dam No. Two (2) upstream to the Highway 7 bridge in Yell County, all navigational pools, channel scar lakes, bays or backwaters accessible by boat from the main channel or navigational pools, and waters from Darda-nelle Dam to the Oklahoma State Line. PENALTY: $50.00 to $500.00.

(8/10/1984)

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