Current through Register Vol. 49, No. 9, September, 2024
It is unlawful to possess native wildlife as pets except as
follows:
A. Native wildlife captured
by hand (hand-held, manually-operated aids such as tongs and snake hooks may be
utilized to capture these species) from the wild in Arkansas may be possessed
as personal pets in compliance with the following restrictions:
1. No more than 6 per household of any
combination of the following animals may be possessed as pets:
i. Hand-captured bobcat, coyote, gray fox,
red fox, opossum, rabbit, raccoon and squirrel; and
ii. Deer that were captured by hand prior to
July 1, 2012, may be retained until their death.
iii. Hand-captured native non-game wildlife
other than birds, bats, alligator snapping turtles, ornate box turtles,
hellbenders, Ouachita streambed salamanders, collared lizards, troglodytic
species (cave dwellers), or those animals defined as endangered
species.
2. It is
unlawful for any person to remove such wildlife or their offspring from
Arkansas except under the terms of a permit that may be issued by the Chief of
Wildlife Management to persons who are moving to another state and have
presented proof from that state that it is legal to import the
wildlife.
3. The sale or transfer
of ownership of such wildlife or their offspring is prohibited except as
provided in (A)(7) of this regulation.
4. All wildlife possessed in captivity shall
be maintained in enclosures, pens, or cages that are sufficiently strong to
prevent escape of the wildlife and that will protect the wildlife from
injury.
5. All adult deer kept in
compliance with (A) of this regulation shall be confined within an enclosure
that complies with the following requirements:
i. Enclosures shall have a perimeter fence
that is not less than 8 feet in height and shall be constructed so as to
prohibit the escape of confined cervids and the ingress of native
cervids.
ii. The area of the
enclosure shall not be less than 200 square feet for the first cervid and shall
be increased in size 150 square feet for each additional cervid.
6. Males and females of the same
species must be kept in separate enclosures, or if kept in the same enclosure,
the owner shall provide proof that all males within the enclosure have been
neutered.
7. Native wildlife,
except white-tailed deer, kept as personal pets in compliance with this
regulation may be transferred to a wildlife rehabilitator permitted by the
Commission (Code 09.12) and released back into the wild in the county where
they were captured provided such animals were not confined with commercially
obtained, captive born wildlife of the same species.
B. Captive born native wildlife: No more than
6 per household of any commercially obtained, captive born native wildlife not
listed in Addendum R1.01 may be possessed as personal pets in compliance with
the following restrictions:
1. Commercially
obtained, captive born wildlife pets and/or their offspring shall not be
confined with the same species of wild born animals and/or their
offspring.
2. Animals shall either
be acquired from either a Commission-permitted Wildlife Breeder/Dealer,
acquired in accordance with Code 9.07 Exception I, or have been brought into
the state in accordance with a Commission Wildlife Importation Permit. Owners
shall maintain records of proof of legal ownership of such animals including
licenses, bills of sale, bills of lading, receipts, invoices and copies of
Wildlife Importation Permits or other satisfactory evidence.The date of
acquisition, place of origin, and the name, address, and telephone number of
the person from whom the wildlife was acquired shall be recorded. Owners shall
provide these records to the Commission upon demand.
3. Commercially obtained, captive born
wildlife pets or their offspring shall only be sold in compliance with Code
09.07.
4. Males and females of the
same species must be kept in separate enclosures, or if kept in the same
enclosure, the owner shall provide proof that all males within the enclosure
have been neutered.
5. Owners of
commercially obtained or captive born white-tailed deer or elk that were
acquired prior to June 30, 2005, and that are kept as personal pets may retain
ownership of such animals provided they registered with the Wildlife Management
Division by June 30, 2008, and are in compliance with all provisions of this
regulation.
6. Owners must
immediately test all deer and elk that die in captivity for CWD and forward
copies of test results to the Commission within seven days of
receipt.
7. All cervids kept in
compliance with (B) of this regulation shall be confined within an enclosure
that complies with the following requirements:
i. Enclosures shall have a perimeter fence
that is not less than 8 feet in height and shall be constructed so as to
prohibit the escape of confined cervids and the ingress of native
cervids.
ii. The area of the
enclosure shall not be less than 200 square feet for the first cervid and shall
be increased in size 150 square feet for each additional cervid.
8. All wildlife possessed in
captivity shall be maintained in enclosures, pens, or cages that are
sufficiently strong to prevent escape of the wildlife and that will protect the
wildlife from injury. Birds must be kept in buildings or covered
pens.
C. It is unlawful
for anyone to keep a native wildlife pet under inhumane or unhealthy
conditions.
D. Beginning July 1,
2021, medically significant venomous reptiles allowed under this Code must be
kept in accordance with Addendum F1.08, Sections C and F.
EXCEPTIONS:
A. Aquatic
pets taken in compliance with Code 26.26.
B. Holders of a Conservation Education Permit
may possess more than 6 native wildlife hand captured from the wild in Arkansas
in compliance with Code 09.18.
PENALTY:Class 1