Arkansas Administrative Code
Agency 002 - Game and Fish Commission
Rule 002.00.15-007 - 2015-2016 Early Migratory Bird Regulations

09.01 POSSESSION OF CERTAIN WILDLIFE IN CAPTIVITY PROHIBITED

It is unlawful to possess, hold captive, confine or enclose any live wildlife, whether native or non-native, migratory or imported, unless otherwise specified herein. EXCEPTIONS:

PENALTY: Class 2

09.07 WILDLIFE BREEDER/DEALER PERMIT REQUIRED

It is unlawful 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 F1.03).

EXCEPTIONS:

PENALTY: Class 3

09.10 WILDLIFE IMPORTATION PERMIT REQUIRED

a) tail feathers which are the same length,

b) wing feathers that have white barring all the way to the tip or

c) a beard more than six (6) inches in length.

ALLIGATOR DEALER - Any person, firm or corporation engaging in the sale, purchase, barter or exchange of an American alligator (Alligator mississippiensis) or other crocodilian species, or any part, nest or eggs thereof in Arkansas.

ALLIGATOR FARMER - Any person, firm or corporation possessing an American alligator (Alligator mississippiensis) or other crocodilian species, or any part, nest or eggs thereof in Arkansas for the purpose of propagation, production or rearing.

ALLIGATOR SNAPPING TURTLE DEALER - Any person, firm or corporation engaged in the sale or purchase of alligator snapping turtles.

ALLIGATOR SNAPPING TURTLE BREEDER - Any person, firm or corporation possessing alligator snapping turtles for the purpose of propagation, production, rearing or sale.

ANIMAL - An organism of the animal kingdom, as distinguished from the plant kingdom, including any part, product, egg or offspring thereof.

ANTLERLESS DEER - A doe or a buck having 2 inches or less of hardened bone antler (this type of deer must be checked as a buck).

ANTLERLESS ELK - Any elk (male or female) not meeting requirements to be a legal bull elk.

AQUACULTURE SPECIES - Any species listed on the Approved Aquaculture Species List (Addendum J 1.00) and species not listed but allowed under Unlisted or Restricted Species Possession Permits.

AQUATIC WILDLIFE - All aquatic species, including aquatic snails, aquatic turtles, crayfish (crawfish and crawdads), fish (including minnows), frogs, mussels and salamanders.

ARKANSAS RIVER BOUNDARY (Sportfishing Only) - The Arkansas Post Canal from Lock and Dam No. 1 to the Arkansas River and the Arkansas River from Dam No. 2 upstream to the Oklahoma state line, including all lakes, bays and tributary streams accessible by boat from the main channel except:

* Big Bayou Meto upstream from Arkansas Highway 11;

* Plum Bayou upstream from U.S. Highway 79;

* Little Maumelle River upstream from Pinnacle Mountain State Park;

* Maumelle River upstream from Lake Maumelle Dam;

* Fourche LaFave upstream from Arkansas Highway 113;

* Palarm Creek upstream from Interstate 40;

* Cadron Creek upstream from the weir;

* Point Remove Creek upstream from Arkansas Highway 113;

* Petit Jean River upstream from Pontoon Boat Ramp at Arkansas Highway 154;

* Illinois Bayou upstream from Russellville Waterworks Dam;

* Big Piney and Little Piney creeks upstream from Arkansas Highway 359;

* Horsehead Creek upstream from Interstate 40;

* Mulberry River upstream from Interstate 40;

* Frog Bayou upstream from Arkansas Highway 162 and Lee Creek upstream from Lee Creek Dam,

* And from the first non-navigable shoal for streams entering the Arkansas River along the right bank descending from the Oklahoma state line to Lake Dardanelle Dam.

ARTIFICIAL LURE OR FLY - Terminal fishing tackle made entirely of rubber, wood, metal, glass, feathers, hair, synthetic fibers or plastic, with hook attached.

BAITFISH - Minnows, logperch, gizzard and threadfin shad, gar (other than alligator gar), bullhead catfish, crayfish, drum, bowfin under 6 inches, skipjack herring, brook and inland silversides, bigmouth, smallmouth and black buffalo,

river carpsucker, banded and Ozark sculpin, bream 4 inches and under, and bream over 4 inches that are caught by hook and line.

BAITING - The direct or indirect placing, exposing, depositing, distributing or scattering of salt, grain or other feed that could serve as a lure or attraction for wildlife to, on or over any areas where hunters are attempting to take them.

BIG GAME - Alligator, black bear, deer, elk and turkey.

BLACK BASS - Largemouth bass, redeye bass, smallmouth bass and spotted bass.

BLOCKING OUT - The removal of the head and/or tail associated with the processing of a commercial fish. The blocked-out carcass (bullet) must be at least the minimum length required for the body of water where the commercial fish was harvested (Code 30.11).

BONUS DEER - A harvested deer that is not included in a hunter's statewide bag limit.

BOX TYPE TURTLE TRAP - A floating trap designed to capture aquatic turtles, but does not permit capture offish (Code 34.07).

BREAM - A species of the genus Lepomis, including bluegill, redear, warmouth and other sunfish.

BUCK - A male deer (see LEGAL BUCK definition).

BUCK DEER SEASON - A deer season in which no deer other than legal buck deer may be taken.

BUY - To purchase, barter, exchange or trade, including any offer to purchase,

barter, exchange or trade.

CAPTIVITY OR HOLD CAPTIVE - The holding of living wildlife in a controlled environment that is manipulated by man for the purpose of exercising ownership, possession or control of the wildlife, and that has boundaries designed to prevent selected species from entering or leaving the controlled environment.

CARCASS - The body of a dead animal.

CASE - A container specifically designed to hold a firearm which completely encloses the firearm by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the firearm exposed.

CATCH-AND-RELEASE - The requirement that fish of a designated species must be immediately released into the water where caught.

CERVID - A member of the Family Cervidae including without limitation deer,

reindeer, moose, elk and caribou.

CHASE FOR PLEASURE - To search for, pursue or chase game animals or other wildlife with the use of dogs for recreational purposes only, with no intent of hunting such game animals or wildlife.

CHECKING WILDLIFE - The reporting of specific information to the

Commission concerning harvest of alligator, bear, deer, elk and turkey by one of the following methods: phoning a designated number to report bear, deer or turkey harvests, electronically through the Commission's on-line deer and turkey checking Web site or mobile applications, and in person to report harvest of elk and alligator at a designated check station.

CHRONIC WASTING DISEASE (CWD) - Fatal disease affecting the brain of cervids that belongs to a group of diseases called transmissible spongiform encephalopathies.

CHUMMING - To dislodge or deposit any substance not attached to a hook which may attract fish.

CITES TAG - a permit that allows shipping of certain animal pelts outside the

State of Arkansas and assures compliance with the Convention on the

International Trade of Endangered Species.

CLEAN - Having no meat matter or tissue attached to the carcass.

COMPUTER-ASSISTED HUNTING - The use of a computer or any other device, equipment or software to remotely control the aiming and discharge of a firearm, bow or crossbow to kill wildlife located in Arkansas.

COMMERCIAL FISH - Bowfin (over 6 inches), paddlefish, shovelnose,

sturgeon, and all species of buffalo, catfish, carp, drum, gar, and sucker family

(except silver redhorse).

COMMERCIAL FISHERMAN - Any person who fishes with tackle designated as commercial tackle requiring a license and/or tag issued by the

Commission.

COMMERCIAL TACKLE - Properly licensed tackle used to catch aquatic wildlife for commercial purposes.

COMMERCIAL WILDLIFE HUNTING RESORT - A facility, location,

business, or operation that offers, for pay or other consideration, an opportunity to hunt native wildlife, other than pen-raised game birds, held in captivity.

Includes all contiguous land, and structures, other appurtenances, and improvements on the land, used for the hunting activities.

COMMERCIAL WILDLIFE PERMIT - Any or all of the following permits:

Alligator Farmer/Dealer, Alligator Snapping Turtle Breeder/Dealer, Resident

Shell Taker and Seller, Shell Buyer, Non-Resident Shell Buyer, Resident Roe

Taker/Seller, Resident Roe Buyer/Exporter, Non-Resident Roe Buyer, Resident

Fur Dealer, Non-Resident Fur Dealer, Special Commercial Quail, Game Bird

Shooting Resort, Commercial Wildlife Hunting Resort, Wildlife Breeder/Dealer and Wildlife Importation.

COMMISSION - The Arkansas State Game and Fish Commission, unless otherwise designated.

DEFERRED HUNTER EDUCATION (DHE) - Designates a holder of a valid Arkansas hunting license/permit who has deferred completion of the hunter education program.

DISABLED - Any individual who is 100 percent permanently and totally disabled as declared by one or more of the following federal agencies: the U.S. Social Security Administration, the U.S. Department of Veteran's Affairs or the U.S. Railroad Retirement Board.

DOE - A female deer.

DISABLED VETERAN:

DOE DEER SEASON - A deer season in which a doe may be taken.

DROWNING SET - Any leg-hold trap that uses one or more of the following techniques to retain the target animal in water of suitable depth for drowning: a slide wire with lock, a tangle stake or a drowning weight.

DUCKS (includes the following species) - All species of teal, merganser,

whistling duck and scaup; American wigeon, American black duck, bufflehead,

canvasback, gadwall, common goldeneye, mallard, mottled duck, northern shoveler, redhead, ring-necked duck, ruddy duck, northern pintail and wood duck.

EDIBLE PORTIONS - portions of the following animals are considered edible as stated below:

EITHER-SEX DEER SEASON - A deer season in which a doe or a legal buck may be taken.

EMERGENCY CONDITION - Any condition involving:

ENCLOSURE - Any area surrounded by a man-made barrier, including but not limited to fencing, walls, structures or other devices that prevent wildlife from leaving a particular environment.

ENDANGERED SPECIES - A wildlife species or subspecies endangered or threatened with extinction listed, or proposed as a candidate for listing, by the

U.S. Fish and Wildlife Service or any native species or subspecies listed as endangered by the Commission (Addendum PI.00).

FALCONRY - The caring for and training of raptors for pursuit of wild game,

and hunting wild game with raptors. It includes the taking of raptors from the wild to use in the sport and caring for training and transporting raptors held for falconry.

FEDERAL WATERS - Waters designated by federal law as federally controlled or under the jurisdiction of a department or agency of the United

States Government.

FEE LAKE - A lake in which there is a fee for fishing rights. All persons 16

years of age and older must possess an Arkansas fishing license. Daily limits apply.

FERAL HOG - Any hog, including but not limited to Russian and European wild boar, any Old World swine, or the family Tayassuidae, including without limitation peccary, javelin, and New World swine, which is roaming freely and is living in a wild or feral state, and is not conspicuously identified as required under §§ 2-34-101 and §§ 2-34-102.

FIREARM - Any device designed, made, or adapted to expel a projectile through a barrel, including without limitation modern guns, air guns and muzzleloaders (see LOADED FIREARM).

FISH OR FISHING - To lure, attract, collect or pursue fish species or aquatic wildlife for the purpose of taking or attempting to take such species by any method.

FISH DEALER - Any person who sells live fish, including baitfish.

FISH FARM - Waters and adjacent premises confined within a pond, tank or lake not connected with public waters, and under management of a fish farmer.

FISH FARMER (AQUACULTURIST) - A person, firm, partnership or corporation engaged in the propagation or rearing of aquaculture species for sale.

FREEFLOATING FISHING DEVICE - A floating fishing device unanchored or unattached to a stationary object.

FURBEARERS - Badger, beaver, bobcat, coyote, gray fox, red fox, mink, muskrat, nutria, opossum, raccoon, river otter, spotted skunk, striped skunk and weasel.

GAFF - To take or attempt to take fish with a hand- held or handled hook.

GAME ANIMALS - Alligator, black bear, bobcat, coyote, deer, elk, gray fox, red fox, mink, opossum, eastern cottontail rabbit, swamp rabbit, raccoon, gray squirrel and fox squirrel.

GAME BIRD SHOOTING RESORT - A facility, location, business, or operation that offers, for pay or other consideration, an opportunity to hunt captive-raised game birds. Includes all contiguous land, and structures, other appurtenances, and improvements on the land, used for the hunting activities.

GAME BIRDS - Turkey, quail, pheasant, chukar, Eurasian collared dove and all birds classified by the U.S. Fish and Wildlife Service as migratory game birds.

GAME FISH - Alligator gar, black bass, white bass, striped bass, hybrid striped bass, crappie, catfish, trout, bream, goggle-eye, walleye, muskellunge, sauger,

saugeye, paddlefish and pickerel.

GEOCACHE - Items in a container (cache) placed or hidden for individuals to subsequently find using a Global Positioning System (GPS) receiver.

GEOCACHING - An outdoor sport, similar to "high-tech treasure hunting,"

involving use of a Global Positioning System (GPS) receiver to find a cache.

GUIDE - A person who provides, for monetary or any other compensation, that person's personal services for the purpose of assisting others to locate, pursue,

catch or hunt wildlife.

HACKING - The temporary release of a raptor held for falconry to the wild so that it must survive on its own.

HARASS - An intentional or negligent act which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral pattern which include but are not limited to, breeding, feeding, or sheltering.

HARVEST/HARVESTING - To reduce to possession.

HAZARDOUS WAKE - Wash or wake upon an approaching, passing or stationary vessel, including but not limited to a wake that causes other vessels to take on water, or a wash or wake that is sufficient to toss occupants of other vessels about in a manner to cause injury or the risk of injury.

HEN TURKEY - Female turkey with or without a beard.

HIGH-FENCE ENCLOSURE - An enclosure that contains an area of at least 500 contiguous acres, with at least 60 percent of the acreage in forested cover that has been classified as timberland by the local county tax assessor, that has a perimeter fence at least 8 feet high, with no cross-fencing that has the effect of reducing the size of the area to less than 500 contiguous acres with at least 60 percent of the acreage in forested cover as herein provided.

HOGGING - The taking offish by the use of hands only in or under the water.

HUNT OR HUNTING - Taking or attempting to take wildlife by any method including but not limited to searching, pursuing, chasing, tracking, luring, or attracting.

HUNTING INCIDENT - When bodily injury above basic first aid or death occurs due to an activity directly related to a hunting excursion in the field.

Examples of such activities wouldjnclude discharge of a firearm, bow, or crossbow and falls from an elevated platform (tree stand, tower stand, or elevated duck blind).

HUNTING PARTY - Two or more persons hunting together.

HYBIRD RAPTORS - A raptor produced from a cross-breeding birds of two different taxa, one or both of which are listed in 50 CFR 10.13, and any offspring of such raptors.

IMPORT OR IMPORTATION - To ship, convey, carry, transport, bring or introduce into Arkansas anything from outside its borders.

IMPRINT - A bird that is hand-raised in isolation from other raptors from two weeks of age until it has fledged and will be considered to be an imprinted bird for its entire life.

JAKE - Sub-adult male turkey having all these characteristics: longer central tail feathers, outermost one or two wing feathers lacking white barring all the way to the tip and a beard 6 inches or less in length.

KILLING DEVICE - Any firearm, bow and arrow, crossbow, compressed gas or spring-powered pistol or rifle, blowgun, speargun, hand-thrown spear,

slingshot, irritant gas device, explosive device, or any other implement designed to discharge a projectile capable of killing wildlife.

LARGE CARNIVORE - Tigers (Panthera tigris), African Lions (Pantheraled) , or any hybrid thereof and all species of bears.

LEGAL BUCK - A male deer may be considered legal under the following rules as applied by this Code:

LEGAL BULL ELK - An elk having at least one antler visible above the hair line.

LEGAL TURKEY - A turkey may be considered legal under the following rules as applied by this Code:

LENGTH LIMITS -

LIMITS -

MIGRATORY BIRDS - All birds protected by the Federal Migratory Bird Treaty Act of 1918 and subsequent amendments.

MIGRATORY GAME BIRDS - Coots, crows, doves, Eurasian collared dove, ducks, gallinules or moorhens, geese, rails, snipe and woodcock.

MILITARY RETIREE - Any individual at least 60 years old who is entitled to retired pay as a result of his or her United States military service.

MINNOWS - Small nongame fish commonly used for bait including bluntnose minnows, bullhead minnows, chubs, dace, fatheads, common carp under 6 inches, goldfish, shiners and stonerollers.

MOBILITY IMPAIRED - A designation made by the Commission based upon a satisfactory showing that a person has a permanent physical condition, verified by a physician duly licensed to practice medicine by a state medical board, which severely impairs the person's mobility and prevents him or her from being able to engage in hunting or fishing activities without the use of an ATV or similar specialized device for transportation.

NATIVE WILDLIFE - Those species and sub-species of wildlife that have established, naturally reproducing, free-ranging, wild populations within

Arkansas.

NEGLIGENT OPERATION - Operation in a manner that endangers the life,

limb, or property of a person including but not limited to, inattentive operation,

failure to keep proper lookout, colliding, striking or bumping another vessel or object, weaving through congested vessel traffic, jumping the wake of another vessel too close to such other vessel, or operation in a manner or at a speed that exceeds the safe and reasonable limits under existing conditions.

NIGHT - The time period 30 minutes after sunset to 30 minutes before sunrise.

NOODLING - The taking offish by the use of a pole-mounted breakaway hook that detaches at the time of the strike or catch, or snare type device, with an attached line manipulated by hand when a person is in or under the water.

NONGAME WILDLIFE - All wildlife other than furbearing or game animals,

game birds and game fish.

NON-NATIVE WILDLIFE - Any wildlife not defined as native wildlife.

NONRESIDENT - A person not defined as a resident.

NUISANCE WILDLIFE - Any wildlife creating a problem by committing damage to personal property or crops.

OPEN SEASON - A time frame established by the Commission during which a designated species may be lawfully taken.

PEN-RAISED QUAIL - Quail raised or hatched in captivity.

PERSON - Any individual, firm, corporation, association, partnership or other legal entity in singular or plural as the context requires. All pronouns shall include the masculine, feminine and neuter.

PORTABLE HUNTING STAND - Any device or structure used for the purpose of hunting that can be carried in its entirety by one person at one time including but not limited to tripod stands, lean-to stands, lock-on stands, ladder stands, and climbing stands (Box stands are not portable hunting stands).

PORTABLE POP-UP BLIND - A structure used to conceal a person that can be collapsed and carried in its entirety by one person.

POSSESS OR POSSESSION - Having or holding wildlife, or any property in one's power; the exercise of dominion over property. Possession includes actual possession (physical occupancy or control over property) and constructive possession (control or dominion over property without actual possession or custody of the property).

PRIMATE - A live individual animal of the taxonomic order Primates,

excluding humans.

PROPAGATE OR PROPAGATION - To allow plants or animals to breed or multiply.

PUBLIC ROAD - The traveled portion and the shoulders on each side of any road maintained for public travel by a city, county, state, or federal government and includes all structures within the limits of the right-of-way of any such road.

PUBLIC WATERS - Waters that members of the public have a legal right to access and use for recreational purposes, including all legally navigable waters.

PUT-AND-TAKE 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 offish is imposed.

RAPTOR - Migratory bird of the Order Falconiformes, Accipitriformes or the Order Strigiformes.

REAR OR REARING - To maintain plants or animals to increase their size or development.

RECKLESS OPERATION - Operation in a manner that endangers the life, limb, or property of a person including but not limited to, striking or bumping another vessel, weaving through congested vessel traffic, jumping the wake of another vessel too close to such other vessel. Swerving at the last possible moment to avoid collision or operation in a manner or at a speed that exceeds the safe and reasonable limits under existing conditions.

REHABILITATION - Providing medical treatment or other care to orphaned, sick or injured wild animals that have come into human possession with the goal of returning the animal to the wild.

RESIDENCE - Any dwelling such as a house, manufactured home, or apartment that is permanently fixed in place and is owned, leased, or rented fully or in part by an individual. This term does not include tents; temporary lodging or rental units such as hotels, motels, resorts, or commercial campgrounds; recreational vehicles; mobile travel trailers; or, motor vehicles.

RESIDENT -

WILDLIFE CHECK METHODS - The following are the official wildlife check methods:

WILDLIFE MANAGEMENT AREA (WMA) - Designated areas owned or controlled by the Commission and distinguished by certain markers and considered a separate zone with regard to wildlife regulations including: wildlife management area (WMA), waterfowl rest area (WRA), wildlife demonstration area (WDA), special use area (SUA) and state park-conservation area (SP-CA). YOUTH -

(A) Wildlife Breeder/Dealer Permits may be issued to applicants complying with the following requirements:

(B) The requested permit shall be denied if:

(C) Permit Requirements:

(D) Reporting and Record-keeping Requirements:

(E) Disease Testing and Control:

(F) Facility and Caging Requirements:

All wildlife possessed under a Wildlife Breeder/Dealer Permit in Arkansas shall be maintained in a permanent enclosure, pen, or cage strong enough to prevent escape of the wildlife and protect them from injury. All wildlife shall be maintained in humane and healthy conditions. Birds must be kept in buildings or covered pens that prevent escape and that do not allow entry of wild birds. Enclosures shall be kept in good repair at all times and gates shall be securely fastened with latches or locks. Enclosures, pens or cages considered unsafe by Commission personnel must be repaired or reconstructed within 10 days or as specified by the Commission.

(G) Inspection:

(H) Renewal, Transfer, Suspension and Revocation: