RULE 002.00.18-002 - Temporary Suspension of Wildlife Importation and Wildlife Breeder/Dealer

RULE 002.00.18-002. Temporary Suspension of Wildlife Importation and Wildlife Breeder/Dealer

09.07 WILDLIFE BREEDER/DEALER PERMIT REQUIRED

It is unlawfiil to rear, breed, propagate, produce, distribute, sell or offer for sale any wildlife in Arkansas without first obtaining a valid Wildlife Breeder/Dealer Permit from the Commission (Addendum Fl .031. EXCEPTIONS:

(1) Fish, bullfrogs, mussels, aquatic turtles and alligators in compliance with Code 09.06 and Chapters (29.00; 30.00: 31.00: 32.00:33.00:34.00: 35.00.

(2) Red fox, gray fox and coyote legally trapped in Arkansas may be ^old by persons with a valid hunting license and trapping permit.

(3) Accredited members of the American Zoo and Aquarium Association.

(4) Holders of U.S. Fish and Wildlife Service Raptor Propagation Permits may propagate, distribute and sell raptors without a Commission Wildlife Breeder/Dealer Permit.

(5) Holders of Game Bird Shooting Resort Permits do not need a Wildlife Breeder/Dealer Permit unless they are actively engaged in rearing} breeding, propagating, producing, distributing, selling or offering for sale, game birds or other wildlife.

(6) Wildlife listed in Code 09.01. Exception 8.

(7) In compliance with Code 09.15.

PENALTY: Class 3

(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 deemed necessary by the Commission for the protection of native wildlife.

09.08 RESERVED

09.10 WILDLIFE IMPORTATION PERMIT REQUIRED

(A) It is unlawful to import live wildlife into Arkansas without a valid Wildlife

Importation Permit issued by the Commission. This permit shall bej required regardless of the final destination of the wildlife, whether in Arkansas or points beyond. It also is unlawful for any person to receive, acquire, purchase or possess any wildlife imported into Arkansas in I violation of this regulation. j

(B) It is unlawful for the holder of a Wildlife Importation Permit to cause or permit any wild animal or bird to be imported into Arkansas under inhumane or unhealthy conditions fAddendum F1.04").

EXCEPTIONS:

(1) Aquatic wildlife (as described under definition of wildlife), other than those species prohibited by Code 26.13. Imports for aquaculture niust comply with Code 35.09. Refer to the Approved Aquaculture Species List in Addendum Jl.OJ. Aquatic wildlife may not be released, Code 26.12. I

(2) Wildlife exchanged with other states by the Commission. j

(3) 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 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 a valid Arkansas falconry permit to import legally possessed raptors into Arkansas, provided they are in compliance with Arkansas Livestock and Poultry Commission regulations relating to the entry of birds into the state. I

(6) Circuses and others possessing U.S. Department of Agriculture i Wildlife Exhibition Permits may import wildlife into or through j Arkansas temporarily for the limited purposes of performance or | display under terms of a special permit issued by the Chief of Wildlife Management. [

(7) Wildlife listed in Code 09.01. Exception 8.

(8) Up to six box turtles (Genus Tenapene) may be brought into Arkansas as pets without a permit.

PENALTY: Class 3

(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 (Code 01.OOPVj

(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 also shall be liable for the costs of destruction and/or ยง disposal of the illegally imported wildlife, as deemed necessary by!'the Commission for the protection of native wildlife.

(1/28/2019)

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