Current through Register Vol. 49, No. 9, September, 2024
34.01 Aquatic Turtle Permit Requirements
A. It is unlawful for a nonresident to
harvest any aquatic turtles.
B. It
is unlawful for a resident/business to:
1)
import for commercial propagation or sale of aquatic turtle species native to
the state; or
2) operate tackle,
harvest, propagate, purchase or sell any wild-caught aquatic turtles for
commercial purposes without the following permits:
1. An Aquatic Turtle Harvest Permit and a
Resident Fisheries Conservation License are required to harvest and sell wild
aquatic turtles.
2. An Aquatic
Turtle Harvest Helper Permit is required to assist in the harvest or to operate
the properly tagged tackle of a licensed aquatic turtle harvester. Helpers must
possess a Resident Fisheries Conservation License.
3. An Aquatic Turtle Farmer/Dealer Permit
(see Addendum J1.02 for Approved Species for Commercial Culture of Aquatic
Turtles) is required to engage in the:
1)
importation of aquatic turtle species native to the state for commercial
propagation or sale; or
2) the
harvest, propagation, purchase, sale or export of wild-caught or propagated
aquatic turtles. A Wildlife Importation Permit (Code 09.10) is required for the
importation of aquatic turtle species native to the state for commercial
propagation or sale.
4.
An Alligator Snapping Turtle Breeder/Dealer Permit is required to possess, buy,
sell or offer to sell alligator snapping turtles or their eggs. Alligator
snapping turtles longer than 5 inches curved carapace length may not be sold,
bartered, traded, or transferred without written approval of the Commission. An
affidavit form provided by the Commission specifying the transaction type
(transfer or sale), party type (individual or business), and number of turtles,
shall be submitted to the Commission.
5. All sales of wild-caught aquatic turtles
must comply with the transaction and reporting requirements of Code
34.07.
6. A Wildlife Importation
Permit (Code 09.10) is required for the importation of aquatic turtle species
native to the state for commercial propagation or sale.
EXCEPTIONS:
A. Fish farmer permittees may depredate or
relocate aquatic turtles impacting commercial aquaculture production without a
permit. The harvest and sale of aquatic turtles from aquaculture facilities
requires the possession of a valid Aquatic Turtle Harvest Permit.
B. Fish markets selling only dressed turtles
for human consumption in Arkansas are not required to have an Aquatic Turtle
Dealer Permit.
C. Non-resident
Fisheries Conservation License holders may take aquatic turtles in compliance
with Code 34.12.
PENALTY: Class 3
34.02
Qualification for certion Aquatic Turtle Permit
The following conditions shall be met to qualify for and
maintain an Aquatic Turtle Farmer/Dealer Permit or Alligator Snapping Turtle
Breeder/Dealer Permit:
A. An Aquatic
Turtle Farmer/Dealer Permit is required if turtles are held in captivity (e.g.
in ponds, impoundments, tanks, etc.) for any length of time.
B. A site plan must be provided with the
permit application, including legal and physical descriptions of all
facilities, and a sketch map showing the location and approximate size of all
facilities (ponds, impoundments, tanks, etc.) used to hold or propagate aquatic
turtles.
C. All sites shall be
inspected and approved by Commission personnel prior to issuance of a
permit.
D. All facilities (ponds,
impoundments, tanks, etc.) used to hold or propagate aquatic turtles shall be
fenced and maintained in such a manner as to prevent the egress of captive
turtles and ingress of wild stock (see Addendum J1.02 for Approved Species for
Commercial Culture of Aquatic Turtles).
E. Facilities shall be subject to random
inspection by Commission personnel.
PENALTY: Class 3
34.03
Nonresident Aquatic Turtles
Dealears Prohibited
It is unlawful for a nonresident to purchase, sell, or offer to
purchase or sell aquatic turtles in Arkansas.
EXCEPTION: A nonresident may purchase aquatic
turtles from a holder of an Aquatic Turtle Harvest Permit (THP) or Aquatic
Turtle Farmer/Dealer Permit (TDR) if the turtles are being shipped directly out
of Arkansas to the buyer, or if the seller is transporting a purchase out of
Arkansas.
PENALTY: Class 3
34.04
Commercial AquaticTurtle Harvest
Condition
A. It is unlawful to take or
attempt to take aquatic turtle eggs from the wild.
B. It is unlawful to take or attempt to take
aquatic turtles for commercial purposes by any means other than hoop nets or
box type (basking) turtle traps.
C.
It is unlawful to possess commercial aquatic turtle harvest gear in closed
waters. Commercial aquatic turtle harvest is closed in all waters other thanin
the following counties and/or bodies of water, which are open except as
specified in Exception A:
1. Counties:
i. Arkansas,
ii. Ashley,
iii. Chicot (Exception A),
iv. Clay (Exception A),
v. Craighead,
vi. Crittenden (Exception A),
vii. Cross,
viii. Desha,
ix. Drew (Exception A),
x. Greene (Exception A),
xi. Indepedence (Exception A),
xii. Jackson,
xiii. Jefferson,
xiv. Lawrence (Exception A),
xv. Lee,
xvi. Lincoln,
xvii. Lonoke,
xviii. Mississippi,
xix. Monroe,
xx. Phillips,
xxi. Poinsett,
xxii. Prairie,
xxiii. Pulaski,
xxiv. Randolph (Exception A),
xxv. St. Francis,
xxvi. White, and
xxvii. Woodruff counties.
2. Bodies of water:
i. Arkansas River, from its mouth to the
Arkansas/Oklahoma state line.
ii.
Arkansas waters between the main levees of the Mississippi River.
D. When a river or
stream forms the boundary between opened and closed areas, that boundary
segment shall be closed to commercial aquatic turtle harvest.
EXCEPTIONS:
A. The following waters are closed to
commercial aquatic turtle harvest:
1. Bayou
Meto Bayou in compliance with Code 38.01,
2. All waters owned by Arkansas Game and Fish
Commission, U.S. Forest Service, Arkansas State Parks, or Arkansas Natural
Heritage Commission,
3. Horseshoe
Lake (Crittenden County),
4. Lake
Wallace (Drew and Chicot counties),
5. Upper and Lower Lake Chicot (Connerly
Bayou to Ditch Bayou Dam inclusive) (Chicot County),
6. St. Francis River (Clay and Greene
counties),
7. Eleven Point River
(Randolph County),
8. Spring River
(Lawrence and Randolph counties),
9. Strawberry River (Lawrence
County),
10. White River above Dam
1 at Batesville (Independence County), and
11. Property-owner association and
municipally-owned lakes, except with written approval from owner.
12. Those portions of Lake Dardanelle: north
of the Union Pacific Railroad in Franklin, Johnson, and Pope counties;
Dardanelle Bay in Yell County; Delaware Bay south of Arkansas Highway 22; and
south of signs posted on Shoal Bay, Cane Creek Bay, and Six Mile Creek at
O'Kane Island access in Logan County.
B. Private landownersin closed countiescan
obtain from the Commissiona Private Land Commercial Aquatic Turtle Permit. This
permit allows the harvest of Common Snapping Turtles (
Chelydra
serpentina), Redear Sliders (
Trachemys scripta), and
Spiny Softshells (
Apalone spinifera) for commercial purposes
on private property under the following conditions:
1. Only from manmade lakes and
ponds,
2. Only by a licensed
commercial aquatic turtle harvest permittee,
3. Only with legal commercial turtle harvest
gear as defined above, and
4. All
harvested turtles shall be reported on aquatic turtle harvest report forms as
specified in Code 34.07.
PENALTY: Class 2; Second offense shall result in
the revocation of the permit.
34.05
Aquatic Turtle Tackle
Restrictions
It is unlawful to take or attempt to take aquatic turtles other
than as specified below:
A. Hoop nets
with ramp netting attached to the first hoop and throat opening restricted by
parallel lines attached to the second hoop. Maximum throat opening 1 inch by 3
feet (where throat lines attach to hoop). Minimum mesh size 11/2 inches
square bar mesh. Wings or leads may not be used. Nets to be set with throat
horizontal and in such a manner that a portion of the enclosure remains above
water surface at all times.
B. Box
type traps (basking traps) with an open top that is above the water surface.
All other trap surfaces must be fully closed and incapable of taking fish. Box
type turtle traps may not exceed 4x4x4 feet in dimension.
C. Turtle trappers must check and remove
catch from all hoop nets at least once during each 24-hour period and from all
box traps at least once every 72 hours.
EXCEPTIONS:
A. Legal commercial fishing hoop nets
(fingered throats) when appropriately tagged and commercially fished in waters
open to their use.
B. Fish farmers
when removing aquatic turtles from their permitted facilities.
C. Private pond owners when removing aquatic
turtles from their ponds for non-commercial purposes.
PENALTY: Class 2
34.06
Aquatic Turtle Tackle
Tagging
It is unlawful to fail to attach the proper tag to each turtle
trap net or box type trap as specified below:
A. Turtle net tags must be attached to the
first hoop at the opening of the net.
B. Box-type trap tags must be attached to the
side of the trap and be visible above the waterline.
EXCEPTIONS:
A. Fish farmers when removing aquatic turtles
from their permitted facilities.
B.
Private pond owners when removing aquatic turtles from their ponds for
non-commercial purposes.
PENALTY: Class 1
34.07
Aquatic Turtle Transaction And
Reporting requirements
A. It is
unlawful for aquatic turtle harvest permittees to fail to report commercial
harvest or lack thereof by the 15th of each month, either electronically or on
forms supplied by the Commission. A copy of this form shall be retained by the
permittee for a period of 12 months and made available for inspection by any
agent of the Commission.
B. Aquatic
turtle harvester, aquatic turtle farmer/dealer, and alligator snapping turtle
breeder/dealer permittees must comply with the following:
1. An invoice, bill of sale, or true bill of
lading must accompany all turtle sales shipped or transported in intrastate or
interstate commerce to the final destination and must contain the following
information:
i. Name, address, and telephone
number of buyer and seller;
ii.
Permit number of seller; and iii. Number and species of turtles in
shipment.
2. Permittees
may have turtles transported by their authorized representatives if accompanied
with a true bill of lading or bill of sale as described above.
C. It is unlawful for alligator
snapping turtle breeder/dealer permittees to fail to report by the 15th of each
month, either electronically or on forms supplied by the Commission, a legibly
completed, itemized transaction record of all alligator snapping turtles
purchased, sold, bartered, traded, transferred, or lack thereof during the
prior month. This transaction record shall include the names, addresses and
phone numbers of all persons involved in the sale, purchase, barter, trade, or
transfer of alligator snapping turtles.
D. To be eligible to renew any commercial
aquatic turtle permits, permittees must submit reports monthly even if it shows
zero take or transactions for the month.
PENALTY: Class 2; Second offense shall result in
the revocation of the permit.
34.08
Possession Of Fish By Aquatic
Turtle Harvesters Prohibited
It is unlawful for permitted aquatic turtle harvesters to sport
fish or possess fish in the same waters where the permittee is engaged in
turtle trapping.
EXCEPTIONS:
A. Rough fish caught in turtle traps may be
retained for use as bait on the waters where the fish were caught.
B. If hoop nets or box-type traps are baited
with fish, only rough fish may be used.
C. Fish farmers on their permitted
facilities.
PENALTY: Class 2; Second offense shall result in
revocation of the Aquatic Turtle Harvest Permit.
34.09
Taking Or Possession Or
Possession Of Alligator Snapping Turtle Prohibited
It is unlawful to kill, take, attempt to take, or possess
alligator snapping turtles, their eggs, or other parts from the wild.
EXCEPTIONS:
A. A legally-acquired alligator snapping
turtle may be possessed for display and educational purposes by written
authorization approved by the Commission. Such authorizations specifically do
not allow for the propagation, sale, or exchange of these turtles in any form
without written authorization from the Commission.
B. In compliance with Code 34.11.
C. Fish farmers for immediate relocation and
release of alligator snapping turtles removed from their permitted
facilities.
PENALTY: Class 3
34.10
Take Of Chicken Turtles And
Razorback musk Turtles Prohibited
It is unlawful to kill, take, or attempt to take chicken
turtles (Deirochelys reticularia) and razoarback musk turtles
(Sternotherus carinatus), their eggs or other parts from the
wild.
EXCEPTION: Chicken turtles in legal possession as
of January1, 2006, and their progeny thereafter in compliance with Codes 34.02,
34.04.
PENALTY: Class 2
34.11
Importation Of Alligator Snapping
Turtles Razorback musk Turtles, And ChickenTurtles Prohibited
It is unlawful to import alligator snapping turtles, razorback
musk turtles, or chicken into Arkansas.
PENALTY: Class 3
31.12
Take And Possession Of Aquatic
Turtles For Personal Consumption Restricted
It is unlawful to take or attempt to take aquatic turtles with
recreational fishing tackle or by hand.
EXCEPTION: A holder of a valid Sportfishing License may, for
personal consumption, take and possess up to 6 of any combination of live or
dressed Common Snapping Turtles (Chelydra serpentina) and Spiny Softshell
Turtles (Apalone spinifera).
