Arkansas Administrative Code
Agency 002 - Game and Fish Commission
Division 01 - Legal Division
Rule 002.01.22-101 - F1.01 - Commercial Wildlife Hunting Resort Requirements
Universal Citation: AR Admin Rules 002.01.22-101
Current through Register Vol. 49, No. 9, September, 2024
Code Book
The regulations in this Code Book are hereby adopted by the Arkansas State Game and Fish Commission under authority of Amendment 35 to the Constitution of the State of Arkansas. All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.
F1.01 Commercial Wildlife Hunting Resort Requirements
A. Commercial
Wildlife Hunting Resort Permits may be issued to applicants complying with the
following requirements:
1. The applicant must
be at least 18 years old and shall not have been convicted of, or entered a
plea of guilty or nolo contendere for, violating any federal, state or
municipal law governing captive wildlife, illegal appropriation or
commercialization of wildlife, or cruelty to animals within 5 years of
application date.
2. The applicant
shall provide to the Commission, in writing, proof from the county judge or
sheriff and any municipal planning commission or board with jurisdiction,
stating that the applicant's hunting resort shall be in compliance with all
local ordinances.
3. The applicant
shall submit a written application (available from the Commission) for each
facility to be permitted.
B. The requested permit shall be denied if:
1. The applicant fails to meet any of the
issuance criteria set forth in this addendum chapter;
2. The applicant fails to disclose material
information required, makes false statements as to any material fact in
connection with the application, or supplies false information or makes a false
statement on the application;
3.
The Commission finds, through further inquiry or investigation, the issuance of
the permit may be potentially harmful to the wildlife resources of the
State.
C. Commercial
wildlife hunting resorts must comply with the following:
1. Commercial Wildlife Hunting Resort Permits
must be obtained at least 60 days before hunting begins. Operators must notify
the Commission upon any change of ownership or enclosure size.
2. Native game animals may be hunted within
commercial wildlife hunting resorts in accordance with statewide hunting
regulations and license requirements. Such high-fence enclosures shall be at
least 500 contiguous acres of free range (no cross-fencing) with a fence at
least 8 feet in height around the perimeter.
3. Deer and elk may be hunted within
commercial wildlife hunting resorts with any legal method of take for deer or
elk hunting from October-February. Limits do not apply. An elk permit is not
required.
4. High-fence enclosures
shall have at least 60 percent forested cover classified as timberland by the
county tax assessor.
5. Hunting,
chasing, herding or corralling deer or elk with dogs within a commercial
wildlife hunting enclosure is prohibited.
6. Hunting non-native wildlife within a
high-fence enclosure is prohibited.
7. The perimeter fencing of a high-fence
enclosure must be posted at least every 300 feet with yellow signs marked with
"Commercial Wildlife Hunting Resort" in black letters at least 4 inches
tall.
8. All cervids held captive
under this permit that die, including those harvested by hunters, shall be
tested for chronic wasting disease by the Arkansas Livestock and Poultry
Commission at the expense of the permit holder. The permit holder shall submit
the results of such testing to the Commission within seven days of
receipt.
9. Other conditions as set
forth in the Commercial Wildlife Hunting Resort Permit.
D. Reporting and Record-Keeping Requirements:
1. Owners or operators of commercial wildlife
hunting resorts must keep legible and complete records showing the name and
current address of each hunter, the date, number of wildlife and sex of each
animal taken.
2. Records shall
include evidence of legal possession of all wildlife kept under this permit,
including licenses, bills of sale, bills of lading, receipts, invoices or other
satisfactory evidence of ownership. Records shall include the date of
acquisition, place of origin, and the name, address and telephone number of the
person from whom the wildlife was acquired.
3. Records must be retained throughout the
time the wildlife is possessed by the permittee or for five years, whichever is
longer.
4. Permit holders shall
submit a completed Commercial Wildlife Hunting Resort Harvest Report (form
available from the Commission) by May 1.
5. Stock shall only be acquired from either a
Commission-permitted Wildlife Breeder/Dealer or have been brought into the
state in accordance with a Commission Wildlife Importation Permit. Permits will
not be issued to and existing permits may be revoked for facilities that have
acquired stock by any other method.
E. Disease Testing and Control:
1. The director of the Commission, in
consultation with the director of the Arkansas Livestock and Poultry
Commission, or their designees, shall determine mechanisms and procedures for
control of diseases and parasites in captive wildlife within Arkansas. Such
mechanisms and procedures shall include, but not be limited to, examination,
testing, quarantine and slaughter or destruction of individual animals and/or
herds that are, or in the opinion of the Commission may be, infected with a
disease or parasite that may have significant detrimental effect on native
wildlife, other captive wildlife, livestock or the public health of the
citizens of Arkansas.
2.
Examinations, testing, quarantine and slaughter of captive wildlife shall be
conducted at the expense of the owner. As a condition of any permit issued
under this addendum chapter, the Commission may require the captive wildlife be
quarantined for a period specified by the Commission.
F. Facility and Enclosure Requirements:
1. All wildlife possessed in captivity shall
be maintained in enclosures that are sufficiently strong to prevent escape of
the wildlife and will protect the wildlife from injury.
2. Enclosures shall be kept in good repair at
all times and gates shall be securely fastened with latches or locks.
3. Permit holders whose facilities, including
enclosures, are not in compliance with this addendum chapter shall correct the
violation within 10 days of notification, or sooner if so ordered by the
Commission.
4. If the violation has
not been corrected within required time, the Commission may revoke or suspend
any existing permit and may refuse to issue any future permit. Such revocation,
suspension or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
5. All wildlife shall be maintained in humane
and healthy conditions.
G. Inspection:
1. Permit holders shall allow agents of the
Commission to enter and inspect the premises, including books, records or
permits required to be kept and any wildlife and/or facilities kept under
authority of permit.
2. Each
permittee shall pen the captive wildlife in suitable pens and restrain them for
inspection, at a reasonable time, when requested to do so by an agent of the
Commission.
H. Permit Renewal, Expiration, Transfer, Suspension And Revocation:
1. Persons in violation of the terms of this
permit, this addendum chapter, Commission Codes, or convicted of violating
associated regulations of the U.S. Fish and Wildlife Service, shall be notified
in writing and shall have 20 days to respond with just cause as to why their
permit should not be suspended or revoked.
2. If after 20 days just cause has not been
given, the Commission may suspend or revoke any existing permit held by the
violator and may refuse to issue future permits. Permit suspension, revocation
or refusal shall be in addition to any criminal charges that may be
filed.
3. Upon revocation, permit
holder must remove by legal means all captive wildlife within the time
designated in the revocation, not to exceed 60 days, and failure to do so shall
result in the Commission taking action, per Commission policy, at the permit
holder's expense.
4. Should the
permit holder decide not to renew the permit, all remaining stock must be
euthanized or sold to a legal buyer prior to permit expiration. The permit
holder shall test all euthanized cervids for Chronic Wasting Disease and the
results forwarded to the Commission.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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