01.00-A Amendment No. 35.
01.00-B Duties and Authorities of Wildlife Officers.
01.00-C Definition of Terms.
01.00-D Confiscation and Seizure.
01.00-E Transporting Wildlife Across State Lines.
01.00-F Prima Facie Evidence
01.00-G Right to Seek Restitution.
01.00-H Maximum Penalty Upon Conviction.
01.00-I Minimum Penalty.
01.00-J Point System For Hunting And/Or Fishing Violations.
01.00-K Suspension, Revocation Or Denial Of Licenses, Permits, Tags And Stamps.
01.00-L Reward System
AMENDMENT NO. 35
Be it Enacted by the People of the State of Arkansas.
That the following shall be an amendment to the Constitution:
Section 1. The control, management, restoration, conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations, and all property now owned, or used for said purposes and the acquisition and establishment of same, the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight members. Seven of whom shall be active and one an associate member who shall be the Head of the Department of Zoology at the University of Arkansas, without voting power.
Section 2. Commissioners shall have knowledge of and interest in wildlife conservation. All shall be appointed by the Governor. The first members of the Commission shall be appointed by the Governor for terms as follows: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. Each Congressional District must be represented on the Commission.
Section 3. Upon the expiration of the foregoing terms of the said Commission, a successor shall be appointed by the Governor for a term of seven years, which term of seven years shall thereafter be for each member of the Commission. No Commissioner can serve more than one term and none can succeed himself.
Section 4. Each Commissioner shall take the regular oath of office provided in the Constitution and serve without compensation other than actual expenses while away from home engaged entirely on the work of the Commission.
Section 5. A Commissioner may be removed by the Governor only for the same causes as apply to other Constitutional Officers, after a hearing which may be reviewed by the Chancery Court for the First District with right of appeal therefrom to the Supreme Court, such review and appeal to be without presumption in favor of any finding by the Governor or the trial court.
Section 6. Vacancies on the Commission due to resignation or death shall be filled by appointment of the Governor for the unexpired term within thirty days from date of such vacancy; upon failure of the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the appointment for the unexpired term. A Chairman shall be elected annually from the seven members of the Commission to serve one year.
Section 7. The Commission shall elect an Executive Secretary whose salary shall not exceed that of limitations placed on other constitutional departments; and other executive officers, supervisor, personnel, office assistants, wardens, game refuge keepers, and hatchery employees, whose salaries and expenditures must be submitted to the Legislature and approved by an Act covering specific items in the biennial appropriation as covered by Article XVI, Section 4 of the Constitution.
Section 8. No person shall be employed by the Commission who shall be related to any of the Commissioners or any other State officers within the third degree of relationship by blood or marriage. All employed personnel may make arrest for violation of the game and fish laws.
The fees, monies or funds arising from all sources by the operation and transaction of the said Commission and from the application and administration of the laws and regulations pertaining to birds, game, fish and wildlife resources of the State and the sale of property used for said purposes shall be expended by the Commission for the control, management, restoration, conservation and regulation of the birds, fish and wildlife resources of the State, including the purchases of other acquisitions of property for said purposes and for the administration of the laws pertaining thereto and for no other purposes. All monies shall be deposited in the Game Protection Fund with the State Treasurer and such monies as are necessary including an emergency fund shall be appropriated by the Legislature at each legislative session for the use of the Game and Fish Commission as hereto set forth. No monies other than those credited to the Game Protection Fund can be appropriated.
All money to the credit of or that should be credited to the present Game Protection Fund shall be credited to the new Game Protection Fund and any appropriation made by the Legislature out of the Game Protection Fund shall be construed to be for the use of the new Commission and out of the new Game Protection Fund.
The books, accounts and financial affairs of the Commission shall be audited by the State Comptroller as that department deems necessary, but at least once a year.
Resident hunting and fishing licenses, each, shall be One and 50/100 Dollars annually, and shall not exceed this amount unless a higher license fee is authorized by an Act of Legislature.
The Commission shall have the exclusive power and authority to issue licenses and permits, to regulate bag limits and the manner of taking game and fish and furbearing animals, and shall have the authority to divide the State into zones, and regulate seasons and manner of taking game, and fish and furbearing animals therein, and fix penalties for violations. No rules or regulations shall apply to less than a complete zone, except temporarily in case of extreme emergency.
Said Commission shall have the power to acquire by purchase, gifts, eminent domain, or otherwise, all property necessary, useful or convenient for the use of the Commission in the exercise of any of its duties, and in the event the right of eminent domain is exercised, it shall be exercised in the same manner as now or hereafter provided for the exercise of eminent domain by the State Highway Commission. All laws now in effect shall continue in force until changed by the Commission. All contracts and agreements now in effect shall remain in force until the date of their expiration.
This amendment shall not repeal, alter or modify the provisions of any existing special laws under the terms of which a County Game Commission has been created:
The Commission shall be empowered to spend such monies as are necessary to match Federal grants under the Pittman-Robertson or similar acts for the propagation, conservation and restoration of game and fish.
The amendment shall become effective July 1, 1945.
(Proposed by Initiated Petition. Voted upon at General Election November 7, 1944. For 115, 214; Against 72,797)
01.00-B DUTIES AND AUTHORITIES OF WILDLIFE OFFICERS. Wildlife officers shall be commissioned by the Commission and shall, concurrently with the sheriffs, constables and other peace officers throughout the State, have the right to apprehend persons detected violating any of the laws of the State enacted for the protection of game, fish, furbearing animals and other wildlife, and to take such offenders before any court having jurisdiction in the county where such offense is committed. Such persons shall also serve all processes issued by a court of competent jurisdiction relating to the enforcement of all laws pertaining to game, fish, furbearing animals and other wildlife of the State; to go upon any property outside of private dwellings, posted or otherwise, in the performance of their duties; to carry firearms while performing duties, and may with or without a warrant according to law, conduct searches.
Special Agents and National Wildlife Refuge and National Park Service Employees who have been authorized to enforce laws and regulations administered by the U.S. Department of the Interior, Fish and Wildlife Service, may be commissioned as Wildlife Officers by the Arkansas Game and Fish Commission, upon proper oath or affirmation and issuance of proper credentials, and shall have authority to make arrests, searches and seizures for violations of State game and fish laws and regulations. They shall serve without compensation in the discharge of these duties. Arkansas Wildlife Officers may be appointed as U.S. Deputy Game Wardens with the U.S. Department of the Interior, Fish and Wildlife Service and shall have authority as conferred upon them by that agency. They shall serve without compensation in the discharge of these duties.
01.00-C DEFINITION OF TERMS. For the purposes of the Arkansas Game and
06-08 Fish Commission Code of Regulations, the following terms shall be construed, respectively, to mean and include:
AQUACULTURE SPECIES – Any species listed on the Approved Aquaculture Species List (available from the Fisheries Division) and species not listed but allowed under Unlisted or Restricted Species Possession Permits.
ADULT GOBBLER – Male turkeys having at least one of the following characteristics: 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 the State of 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 the State of 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 ELK - Any elk (male or female) not meeting requirements to be a legal bull elk.
AQUATIC WILDLIFE – Aquatic Snails, Aquatic Turtles, Crayfish (Crawfish, Crawdads), Fish (including Minnows), Frogs, Mussels and Salamanders.
ARKANSAS RIVER BOUNDARY (Sportfishing Only): The Arkansas Post Canal from Lock and Dam #1 to the Arkansas River and the Arkansas River from Dam #2 upstream to the Oklahoma state line including all lakes, bays and tributary streams accessible by boat from the main channel except that portion of Big Bayou Meto upstream from Hwy 11, Plum Bayou upstream from Hwy 79, Little Maumelle River upstream from Pinnacle State Park, Maumelle River upstream from Lake Maumelle Dam, Fouche LaFave upstream from Hwy 113, Palarm Creek upstream from Interstate 40, Cadron Creek upstream from the weir, Point Remove Creek upstream from Hwy 113, Petit Jean River upstream from Pontoon Boat Ramp at Hwy 154, Illinois Bayou upstream from Russellville Waterworks Dam, Big Piney and Little Piney Creeks upstream from Hwy 359, Horsehead Creek upstream from Interstate 40, Mulberry River upstream from Interstate 40, Frog Bayou upstream from Hwy 162 and Lee Creek upstream from Lee Creek Dam, and from the first non-navigable shoal for streams entering the Arkansas River along the left bank ascending from Lake Dardanelle Dam to the Oklahoma state line.
ARTIFICIAL LURE/FLY - Terminal fishing tackle made by the method of fly tying, or made entirely of rubber, wood, metal, glass, feathers, hair, synthetic fibers or plastic, with hook attached.
BAG LIMIT - The number of species allowed to be taken in a time period - 24 hours (12 o'clock midnight to 12 o'clock midnight) unless otherwise specified.
BAITFISH – Minnows (including bluntnose minnows, bullhead minnows, bullhead catfish, chubs, crayfish, dace, fatheads, common carp under 6 inches, small goldfish, shiners and stonerollers), logperch (also called sand pike or zebra minnows), shad, gar (other than alligator gar), drum, bowfin under 6 inches, skipjack herring, silversides (brook and inland), buffalo (bigmouth, smallmouth and black), river carpsucker, sculpin (banded and Ozark), 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, 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 (see Code 41.12 for minimum length limits).
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 of fish (See Code 39.04 for restrictions).
BREAM - Any species of the genus Lepomis, including bluegill, redear, warmouth and other sunfish. BUCK –A male deer (See LEGAL BUCK definition).
BUCK DEER SEASON - Any deer season whereby no deer other than legal
buck deer may be taken.
BULL ELK (legal) - Any elk having at least one antler visible above the hair line.
BUY – To purchase, barter, exchange or trade and includes 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 for the purpose of housing a gun which completely encloses such gun by being zipped, snapped, buckled, tied or otherwise fastened with no portion of the gun exposed.
CATCH-AND-RELEASE – The requirement that fish of a designated species must be immediatelyreleased into the water where caught.
CERVID – A member of the family Cervidae.
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 taking or attempting to take such game animals or wildlife through the possession or use of any killing device.
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.
CITY, COUNTY, STATE OR FEDERALLY MAINTAINED ROAD - Any road graded or otherwise repaired by any city, county, state or federal agency in the state of Arkansas.
CLEAN – Having no meat matter or tissue attached to the carcass part.
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 crossbowto kill wildlife located in the state of Arkansas.
COMMERCIAL FISH – Bowfin (over 6 inches), buffalo, catfish, carp, drum, gar, paddlefish, sucker family, white amur and sturgeon.
COMMERCIAL FISHERMAN - Any person who fishes with tackle designated as commercial tackle requiring a license and/or tag issued by the Commission.
COMMERCIAL WILDLIFE PERMIT(S) – Shall be a term construed to identify each and/or all of the following permits: Alligator Farmer/Dealer Permit, Alligator Snapping Turtle Breeder/Dealer Permit, Resident Shell Taker and Seller Permit, Shell Buyer Permit, Non-Resident Shell Buyer Permit, Resident Roe Taker/Seller Permit, Resident Roe Buyer/Exporter Permit, Non-Resident Roe Buyer Permit, Resident Fur Dealer Permit, Non-Resident Fur Dealer Permit, Special Commercial Quail Permit, Game Bird Shooting Resort Permit, Wildlife Hunting Resort Permit, Wildlife Breeder/Dealer Permit and Wildlife Translocation Permit.
COMMISSION - The Arkansas State Game and Fish Commission, unless otherwise designated.
DEFERRED HUNTER EDUCATION – Shall be a term whose abbreviation
DHE (DHE) when dealer imprinted on an Arkansas hunting license/permit defers completion of hunter education certification while said
license/ permit is valid.
DISABLED - Any individual who is 100% permanently and totally disabled as declared by the following federal agencies: the United States Social Security Administration, the United Department of Veteran’s Affairs or the United States Railroad Retirement Board.
DOE – A female deer.
DOE DEER SEASON – Any deer season whereby a doe may be taken.
DROWNING SET - Any leg hold trap that utilizes one or more of the following techniques to retain the target animal in water of suitable depth for drowning. These are: (1) a slide wire with lock; (2) tangle stake; or (3) drowning weight.
DUCKS (includes the following species)– All species of Teal, Merganser, Whistling Duck and Scaup; American Wigeon, American Black Duck, Bufflehead, Canvasback, Gadwall, Goldeneye, Mallard, Mottled Duck, Northern Shoveler, Redhead, Ring-necked Duck, Ruddy Duck, Northern Pintail and Wood Duck.
EITHER-SEX – A male or a female.
EITHER-SEX DEER SEASON – Any deer season whereby a doe or a legal buck may be taken.
ENCLOSE – To surround species of wildlife on all sides using man-made barriers, including but not limited to fencing, walls, structures or other devices, so that the wildlife are not free to leave a particular environment.
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 - any wildlife species or subspecies endangered or threatened with extinction listed by the U. S. Department of Interior and the following native species hereby designated in Arkansas:
MAMMALS:
Gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), Ozark big-eared bat (Corynorhinus townsendii ingens.
BIRDS:
Bald eagle (Haliaeetus leucocephalus), least tern (Sterna antillarum), Bachman's warbler (Vermivora bachmanii), red-cockaded woodpecker (Picoides borealis), ivory-billed woodpecker (Campephilus principalis).
REPTILES:
American alligator (Alligator mississippiensis). Currently listed as threatened due only to similarity in appearance to the American crocodile (Crocodylus acutus).
FISHES:
Ozark cavefish (Amblyopsis rosae), leopard darter (Percina pantherina), pallid sturgeon (Scaphirhyncus albus);
MOLLUSKS:
Scaleshell mussel, Curtis' pearly mussel, (Epioblasma florentina curtisi), fat pocketbook pearly mussel (Potamilus capax), pink mucket mussel (Lampsilis abrupta), turgid blossom mussel (Epioblasma turgidula), speckled pocketbook mussel (Lampsilis streckeri), Arkansas fatmucket mussel (Lampsilis powelli), winged mapleleaf mussel (Quadrula fragosa), Magazine Mountain shagreen land snail (Inflectarius magazinensis); scaleshell mussel (Leptodea leptodon), Ouachita rockpocketbook mussel (Arkansia wheeleri);
ARTHROPODS:
Cave crayfish (Cambarus zophonastes) and (Cambarus aculabrum);
INSECTS:
American burying beetle (Nicrophorus americanus);
PLANTS:
Geocarpon minimum (no common name), pondberry, (Lindera melissifolia), Missouri bladderpod (Lesquerella filiformis), Harperella (Ptilimnium nodosum), Eastern prairie fringed orchid (Platanthera leucophaea), running buffalo clover (Trifolium stoloniferum);
FEE LAKE - A lake in which there is a charge for fishing privileges. All persons 16 years of age and older must possess an Arkansas fishing license. Daily limits apply.
FERAL HOG – Any hog (Sus scrofa), including Russian and European wild boar, which is roaming freely and is living in a wild or feral state. FIREARMS, LOADED - Firearms shall be considered to be loaded if shells or cartridges are in either the chamber, magazine or cylinder; percussion cap muzzle-loading firearms are considered loaded if the percussion cap is on the nipple; flintlock muzzle-loading firearms are considered to be loaded if there is powder in the flashpan. Electronic pulse ignition muzzleloaders are considered to be loaded if the ignition circuit is charged.
FISH or FISHING - To lure, attract, collect or pursue fish species or aquatic wildlife for the purpose of taking or attempting to take such fish species or aquatic wildlife by any method.
FISH FARM - Waters and adjacent premises confined within a pond, tank or lake not connected with public waters, and under management by a fish farmer.
FISH FARMER (AQUACULTURIST) - Any person, firm, partnership or corporation engaged in the propagation or rearing of aquaculture species for sale.
FREEFLOATING FISHING DEVICE - Any 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 (civet cat), striped skunk and weasel.
GAFFING FISH - Taking or attempting to take fish with a hand held or handled hook prior to being caught on hook and line.
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 - Any person, firm or corporation engaged, for pay or other consideration, who providespen-raised birds for harvest by hunters.
GAME BIRDS - Turkey, quail, pheasant, chuckar, 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, striped bass hybrid, crappie, catfish, trout, bream, sunfish, goggle-eye, walleye, northern pike, muskellunge, sauger, paddlefish and pickerel.
GEOCACHE –Items in a container (cache) placed or hidden for individuals to subsequently find using a Global Positioning Satellite (GPS) receiver device.
GEOCACHING – An outdoor sport, similar to “high-tech treasure hunting”, involving use of a Global Positioning Satellite (GPS) receiver device to find a cache.
GUIDE - Any 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.
HIGH-FENCE ENCLOSURE – An enclosure that contains an area of at least 500 contiguous acres, with at least sixty percent (60%) 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 eight (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 sixty percent (60%) of the acreage in forested cover as herein provided.
HOGGING – The taking of fish by the use of hands only in or under the water.
HUNT or HUNTING – To search for, pursue, chase, track, lure, attract or lie in wait of game animals or other wildlife for the purpose of taking or attempting to take such game animals or wildlife by any method.
HUNTING PARTY - Two or more persons hunting together.
IMPORT – To land on, bring into or introduce into any place within the jurisdiction of the State of Arkansas.
IMPORTATION – To ship, convey, carry or transport wildlife into or through the state by any means.
JAKE - Sub-adult turkeys having all of following characteristics: a) longer central tail feathers, b) outermost 1 or 2 wing feathers lacking white barring all the way to the tip and c) a beard six (6) inches or less in length.
KILLING DEVICE - Any firearm, bow and arrow, crossbow, pellet gun or any other device capable of killing wildlife.
LARGE CARNIVORE – Tigers (Panthera tigris), African Lions (Panthera leo), or any hybrid thereof and all species of bears.
LEGAL BUCK – A buck having both antlers under two inches (including button buck) or at least one antler with at least three points including the main beam, each a minimum of one inch long. (Ref. Code 21.03)
LENGTH LIMITS - MINIMUM LENGTH LIMIT: The shortest length of a fish of a designated species that can be kept. MAXIMUM LENGTH LIMIT: The maximum length of a fish of a designated species that can be kept. PROTECTED LENGTH LIMIT: A species/size limit that prohibits anglers from keeping fish within a designated size group. Unless otherwise specified, all fish are measured from the front of the lower jaw with the mouth closed to the tip of the tail with tail lobes pressed together when laid flat on a rule, on its side. All fish not meeting the length limit requirements for a particular water or species must be immediatelyreleased into the water where caught.
LITTER – All waste which has been discarded or otherwise disposed of, including, but not limited to, convenience food and beverage packages or containers, trash, garbage, all other product packages or containers, and other post consumer solid wastes.
MIGRATORY BIRDS – All birds protected by the federalMigratory Bird Treaty Act of 1918 and subsequent amendments.
MIGRATORY GAME BIRDS – Coots, crows, doves, ducks, gallinules or moorhens, geese, rails, snipe and woodcock.
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 the state of Arkansas.
NIGHT - thirty (30) minutes after sunset to thirty (30) minutes before sunrise.
NOODLING – The taking of fish 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, birds and fish.
NON-RESIDENT - Any person not defined as resident.
NUISANCE WILDLIFE - Any wild animal creating a problem by committing damage to personal property (Depredation Permit available).
NUISANCE FURBEARING ANIMALS - Beaver, muskrat and nutria.
OPEN SEASON - that season during which protected wildlife may be lawfully taken.
PEN-RAISED QUAIL - Quail that are hatched from eggs of quail raised in captivity in pens or cages.
PERSON - Any individual, firm, corporation, association or partnership in singular or plural as the context requires.
POSSESS OR POSSESSION - Having or holding wildlife, or any property in one’s power; the exercise of dominion over property. Possession includes actual possession, which means physical occupancy or control over property, and constructive possession, which means control or dominion over property without actual possession or custody of the property.
PROPAGATE or PROPAGATION – To cause plants or animals to breed or multiply.
PROTECTED WILDLIFE - all wildlife in the state unless a declared open season has been established by the Commission.
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 of fish is imposed.
RAPTOR - Any migratory bird of the Order Falconiformes or the Order Strigiformes and Ciconiiformes Family Cathartidae.
REAR OR REARING – To maintain plants or animals in order to increase their size or developmental stage.
REHABILITATION – The practice of 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.
RESIDENT - Any person who physically inhabits a bona fide residence within Arkansas for a period of time, no less than 60 days, and declares themselves to be a full-time resident of Arkansas. Additional facts to be considered in establishing proof of current Arkansas residency are:
(1) Possession of a valid current Arkansas issued Driver’s License or Arkansas issued I.D. card.
(2) Possession of a valid Arkansas vehicle registration in their name and displaying current Arkansas license tags on their vehicle.
(3) Other documentation may be taken into consideration to verify proof of Arkansas residency.
Possession of Arkansas real estate and/or proof of payment of associated services or utilities do not qualify the owner/renter as a resident if they live out of state.
EXCEPTIONS:
(A) The following students, carrying proof of full-time enrollment in
schools, colleges or universities while hunting or fishing in Arkansas,
are eligible to purchase annual or trip resident license privileges:
(1) Residents of Arkansas enrolled as full-time students in colleges and universities outside of Arkansas.
(2) Non-residents enrolled as full-time students in colleges and universities in Arkansas.
(3) Non-resident foreign exchange students attending school in Arkansas.
(4) Resident foreign exchange students attending school outside of Arkansas.
(B) The following military personnel are eligible to purchase annual or trip resident license privileges:
(1) Active-duty military personnel assigned to duty stations in Arkansas.
(2) Active-duty military personnel who were Arkansas residents at the time of entering service, regardless of where currently
stationed.
(C) Proof of at least one (1) year residency must be provided when applying for the following licenses:
$1,000 Sportsman’s permit, Resident Disabled 3 Year Licenses, Special Guide License, Alligator Farmer/Dealer Permit, Alligator
Snapping Turtle Breeder/Dealer Permit, Commercial Fisherman’s Permit & Sportfishing License, Commercial Fisherman’s Helper Permit, Junior/Senior Commercial Fishing Permit, Resident Shell Taker/Seller Permit, Shell Taker Helper Permit, Shell Buyer, Resident Fish Dealer, Resident Roe Taker/Seller Permit, Resident Roe Taker Helper Permit and Resident Roe Buyer/Exporter Permit.
(D) Proof of at least three (3) years residency must be provided when applying for the following licenses: 65 Plus Lifetime License. The Director or his representative shall make the final determination as to the resident status of any license applicant.
ROUGH FISH – Gars, bowfin, bullhead catfish, common carp, asian carp (grass carp, bighead carp, silver carp), suckers (including buffalo) and drum.
SEINE – A fishing net that hangs vertically in the water where the ends can be drawn together to entrap fish.
SEINING – The act of moving a seine by boat or human power to capture fish.
SELL OR SALE – To exchange or deliver for money or its equivalent; to offer for sale, barter, exchange or trade or the act of selling, bartering, consigning, exchanging or trading.
SHELL BUYER - Anyone who buys mussels or mussel parts from a Taker. An agent purchasing for a licensed buyer is not a buyer.
SMALL GAME – Furbearers, migratory game birds, quail, rabbit and squirrel.
SNAGGING – A method of taking fish using conventional rod and reel tackle where the fish is impaled by the forceful retrieval of one or more hooks.
SNAGLINE - Commercial tackle consisting of a horizontal line with hooks or drops less than 24 inches apart.
SPORTFISH – See game fish definition above.
TACKLE - Any rod, reel, pole, line, net, yo-yo, seine or any other apparatus or device used to take fish.
TAKE - To shoot, kill, injure, trap, net, snare, spear, catch, capture or reduce to possession.
TAXIDERMY - The art of preparing, stuffing and/or mounting of wildlife and parts thereof.
TRANSLOCATION – To ship, convey, carry or transport wildlife from one
location to another by any means, including importation, exportation, interstate and intrastate movement.
TRAP or TRAPPING – To use a device, such as a clamp-like apparatus that closes, noose or cable restraint device (snare), for the purpose of catching and holding animals.
TROUT – Any members of the Salmonidae family including rainbow trout, brown trout, brook trout, lake trout and cutthroat trout.
WATERFOWL – All wild species of ducks, geese and swans.
WATERS OF THE STATE - All streams, lakes, sloughs, bayous, marshes or any other water wholly or partially within the State. Pay lakes and fish farms are excluded from the above.
WILD - to be living in a state of nature and not domesticated.
WILDLIFE - All wild birds, mammals, fish, reptiles, amphibians and other wild aquatic forms, and all other wild animals, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall extend to and include any and every part of any individual species of wildlife, including animals living in a captive state and which lack a genetic distinction from members of the same species living in the wild.
WILDLIFE CHECK STATION – An official wildlife check station is a Commission designated (1) county check station, (2) Commission employee, (3) deer camp or (4) Commission on-line checking web site http://www.agfc.com.
WILDLIFE HUNTING RESORT – A Wildlife Hunting Resort is any facility, location, business or operation that is engaged in offering the opportunity to hunt or attempt to hunt captive wildlife other than pen-raised game birds.
WILDLIFE MANAGEMENT AREA (WMA) - Designated areas set aside by the Commission and distinguished by certain markers and considered a separate zone with regard to wildlife regulations, referred to as "WMA", “Waterfowl Rest Area (WRA)”, “Wildlife Demonstration Area (WDA)”, “Special Use Area (SUA)”, “State Park-Conservation Area (SP-CA)”, or “National Wildlife Refuge (NWR)”.
ZONE - Any area defined or delineated by the Commission where hunting and/or fishing activities are regulated for that specific area.
01.00-D CONFISCATION AND SEIZURE.
09-07 (A) Any wildlife, including but not limited to game animals, birds and fish, that is taken, transported or sold in violation of any Commission Code regulation is declared to be contraband and may be seized under authority of this Commission Code. Upon conviction of the offender, or sooner if the court having jurisdiction so orders, title to the wildlife shall be forfeited to the Arkansas Game and Fish Commission and such wildlife released or disposed of in accordance with Commission policy.
(B) Any equipment, including but not limited to guns, archery equipment,traps, tackle, nets, boats, lights, motors, vehicles and other fishing or hunting gear or devices, used in connection with a violation of any of the following Commission Code regulations is declared to be contraband and may be seized under authority of this Commission Code:
02.14 Bear Hunting Season.
02.21 Elk Hunting Season.
02.23 Alligator Hunting Season.
03.14 Special Guide License Requirements.
04.03 Hunting Wild Turkey Over Bait Prohibited.
04.06 Wild Turkey Hen Restrictions.
06.04 Taking of Doe Deer Prohibited
07.04 Modern Firearms Prohibited During Muzzleloading Deer Seasons.
08.03 Possession of Firearms While Archery and Crossbow Hunting Prohibited.
11.04 Hunting or Fishing After Revocation of License Prohibited.
11.05A Revocation of Commercial Wildlife Permit Privileges.
15.37 Wildlife Importation.
15.38 Importation of Certain Wildlife Prohibited.
17.03 Legal Bull Elk Requirements
17.04 Taking of Antlerless Elk Prohibited
18.01 Hunting Wildlife in Closed Season Prohibited
18.02 Night Hunting Prohibited.
18.03 Selling Wildlife Restrictions.
18.04 Hunting From Road Prohibited.
18.05 Taking Wildlife at Night From a Boat Prohibited.
18.14 Taking of Alligator Prohibited.
18.20 Taking of Raptors Prohibited.
19.12 Endangered Species Protected.
20.06 Cutting Devices Prohibited on Commission Owned WMAs, WDAs and SUAs.
25.09 Guiding Prohibited on All Commissioned-Owned or Controlled WMAs, WDAs and WRAs.
26.02 Restrictions on Method of Taking Alligator.
32.01 Taking Fish With Electrical Devices, Firearms, Explosives, Toxic, Stupefying Or Killing Substances Prohibited.
Trapping Fish Prohibited.
39.01 Aquatic Turtle Harvest Permit Requirements.
39.01(A) Aquatic Turtle Dealer Permit Requirements.
39.01(B) Non-Resident Aquatic Turtle Dealer Permit Requirements.
39.01(C) Aquatic Turtle Farmer Permit Requirements.
39.02 Commercial Aquatic Turtle Harvest Restrictions.
39.03 Aquatic Turtle Tackle Tagging.
39.04 Aquatic Turtle Tackle Restrictions.
39.07(A) Take or Possession of Alligator Snapping Turtles Prohibited.
39.07(B) Take of Chicken Turtles Prohibited.
39.08 Importation of Alligator Snapping Turtles and Chicken Turtles Prohibited.
39.09 Alligator Snapping Turtle Breeder/Dealer Permit Requirements.
41.05(A) Resident Roe Taker/Seller Permit Requirements.
41.05(B) Resident Roe Buyer/Exporter and Non-Resident Roe Buyer/Exporter Permit Requirements.
41.05(C) Roe Buyer/Exporter Reporting Requirements. Illegal Commercial Tackle Prohibited.
41.13 Commercial Fishing by Non-Resident Prohibited.
41.39 Paddlefish and Sturgeon Harvest Season.
Upon conviction of the offender, the court having jurisdiction may order title to the equipment forfeited to the Arkansas Game and
Fish Commission and such equipment disposed of in accordance with Commission policy. Equipment confiscated may be
advertised and sold at public auction with the proceeds of the sale to be deposited in the Game Protection Fund.
(C) Procedural matters regarding seizure and forfeiture of contraband not otherwise addressed herein shall be governed by the provisions of Rule 15 (Disposition of Seized Things) of the Arkansas Rules of Criminal Procedure, as amended.
01.00-E TRANSPORTING WILDLIFE ACROSS STATE LINES. Wildlife, or parts thereof, taken in violation of State Laws or regulations and transported across state lines is a violation of Federal Laws.
01.00-F PRIMA FACIE EVIDENCE. The possession of any tackle or killing device in fields, forests, along streams or in any location known to be game cover, may be considered along with other evidence as prima facie evidence that the possessor is hunting or fishing.
01.00-G RIGHT TO SEEK RESTITUTION. The Arkansas Game and Fish Commission has the authority and right to seek civil and criminal monetary restitution, by whatever means appropriate, for the purpose of establishing a method by which it can recover the lost value of destroyed wildlife, in addition to those penalties currently in effect.
01.00-H MAXIMUM PENALTY UPON CONVICTION.
04-05 Upon conviction, courts of competent jurisdiction are authorized to impose a monetary fine within the stated penalty range for violation of any Arkansas Game and Fish Commission regulation. Further, all such courts shall be authorized to revoke hunting and fishing privileges as a penalty for conviction of any Game and Fish Commission regulation and to order the incarceration of convicted violators for up to one (1) year.
01.00-I MINIMUM PENALTY. A minimum penalty of $100.00 shall be
08-06 imposed upon all game and fish violations with the following exceptions: 03.02 Fishing License Requirements; 06.07 Hunter Orange Clothing Requirements; 09.01 Hunting Dog Requirements; 31.09 Yo-Yo Fishing Restrictions; and 43.01-43.02 Boating (As prescribed under Title 27).
01.00J POINT SYSTEM FOR HUNTING AND/OR FISHING VIOLATIONS
06-08 Upon the accumulation of 12 points for hunting and/or fishing violations
within a three year period, the individual will be ineligible to apply for any Commission deer, turkey and elk permit hunts for the following three-years. The accumulation of 18 points for hunting and/or fishing violations within a three-year period may result in the revocation of all hunting and/or fishing
licenses and the privileges attached thereto for one year, and the accumulation of 30 points within a five year period may result in the loss of all
licenses and privileges for three years. A revocation of hunting and/or fishing licenses and privileges occurring for a third time during an individual’s lifetime may result in the lifetime revocation of all hunting and/or fishing licenses and privileges. Any person who forfeits bond, pleads guilty or nolo contendere, or is found guilty of violating any hunting or fishing regulation shall be assigned points as follows:
CODE NO.TYPE OF VIOLATION POINTS
02.13A Alligator, Deer, Turkey and Bear Tagging Requirements 12
02.13B Big Game Checking Requirements 12
02.14 Bear Hunting Season 18
02.21 Elk Hunting Season 30
02.23 Alligator Hunting Season 18
03.08 Counterfeiting License 18
04.03 Hunting Wild Turkey Over Bait Prohibited 18
03.13 Special Guide License Requirements 18
09.03 Dogs Prohibited During Deer Season 12
11.04 Hunting or Fishing After Revocation of
License Prohibited 30
11.08 Hunting, Fishing, Trapping, Releasing
Hunting Dogs or Pursuing Wildlife With
Dogs Without Landowner/Lessee
Permission Prohibited. 9
11.09 Hunting/Fishing Endangerment Prohibited. 12
Assessment of additional points dependent
upon severity of violation. A conviction for
violating this regulation may result in the
assessment of additional violation points up
to and including lifetime revocation of
privileges when associated with the following
occurrences:
With Property Damage 18
With Personal Injury 30
With Human Fatality Lifetime
16.05 Shooting Bears in Dens Prohibited 18
16.07 Hunting Bear Over Bait 9
17.03 Legal Bull Elk Requirements 18
17.04 Taking of Antlerless Elk Prohibited 18
18.01 Hunting Wildlife in Closed Season 30
18.02 Night Hunting 30
18.03 Selling Wildlife Restrictions ** **A conviction for violating this regulation
May result in the lifetime revocation of all
hunting and/or fishing licenses.
18.04 Hunting from Road Prohibited 18 18.14 Taking of Alligators Prohibited 18
18.20 Taking of Raptors Prohibited 18
19.12 Endangered Species 30
20.34(B) Feral Hog Dog Restrictions on WMAs 30
20.34(C) Releasing Feral Hogs Restrictions on WMAs 30
Guiding Prohibited on all Commission
Owned or Controlled WMAs (Guides) 18
Guiding Prohibited on all Commission
Owned or Controlled WMAs (Guided Hunters) 09
31.07 Sale of Game Fish 18
32.01 Taking Fish with Electrical Devices, Firearms,
Explosives, Toxic or Killing Substances 30
36.03 Sale of Bullfrogs 18
38.01 Mussel Shell Taker, Buyer and Seller
License and Reporting Requirements 18
39.01 Aquatic Turtle Harvest Permit Requirements 18
39.01(A) Aquatic Turtle Dealer Permit Requirements 18
39.01(C) Aquatic Turtle Farmer Permit 18 Requirements
39.02 Commercial Aquatic Turtle Harvest 9
Restrictions
39.04 Aquatic Turtle Tackle Restrictions 9
39.05 Aquatic Turtle Harvest and Dealer Reporting 9
Requirements.
39.06 Possession of Sportfish by Aquatic Turtle 9
Harvest Permittees Prohibited
39.07(A) Take or Possession of Alligator Snapping 18
Turtles Prohibited.
39.07(B) Take of Chicken Turtles Prohibited 9
39.08 Importation of Alligator Snapping Turtles
and Chicken Turtles Prohibited. 18
39.09 Alligator Snapping Turtle Breeder/Dealer 18
Permit Requirements.
41.05 (A) Resident Roe Taker/Seller Permit
Requirements 18
41.05 (B) Resident Roe Buyer/Exporter and
Non-Resident Roe Buyer/Exporter Permit
Requirements 18
41.05 (C) Roe Buyer/Exporter Reporting Requirments 18
41.13 Commercial Fishing by Non-
Resident Prohibited 18
41.30 Paddlefish and Sturgeon Possession
Restrictions on White River, Arkansas River
and Border Waters. 18
41.33 Cutting or Mutilation of Paddlefish and 30
Sturgeon Prohibited
41.39 Paddlefish and Sturgeon Harvest
Restrictions 18
44.06 Commercial Fishing for Certain Fish
Prohibited in Lower Ouachita River 18
*All Others 06
*Boating regulations are not included in points toward revocation.
The following violations shall result in a double assessment of the respective point value for the violation committed upon final court disposition:
Any violation of harvest regulations committed by a Guide License holder.
Any violation of trout harvest regulations in a trout catch and release area.
Any violation of bass harvest regulations on lakes designated as Trophy Bass Management Areas (Lakes Monticello, Lower White Oak, Columbia, SWEPCO, Pickthorne and Austelle).
Adults 21 years or older when accompanying youth under 16.
01.00-K SUSPENSION, REVOCATION OR DENIAL OF LICENSES, PERMITS,
10-98 TAGS AND STAMPS. The Director of the Arkansas Game and Fish Commission, through his authorized representative, may suspend or revoke the license, permit, tag or stamp of any holder, and may deny the application of any applicant, without a preliminary hearing, upon a showing through the Commission’s records or other sufficient evidence that the holder or applicant has:
(1) Accumulated points for hunting and/or fishing violations in excess of the amounts set forth in Section 01:00-J;
(2) Made a material misrepresentation or practiced fraud or deceit in an attempt to obtain a license, permit, tag or stamp;
(3) Permitted a fraudulent or unlawful use of his license, permit, tag or stamp; or
(4) Under either federal law or another state’s law, (a) has received a lifetime revocation of his or her hunting and/or fishing privileges, or (b) been convicted within the past three (3) years of a hunting and/or fishing violation, which, if the conviction had been pursuant to Arkansas law, would have been grounds for suspension or revocation.
Upon suspension or revocation of any license, permit, tag or stamp, or denial of any application, the Director, or his authorized representative, shall notify the holder or applicant in writing. Any holder or applicant desiring a hearing shall notify the Commission in writing within twenty (20) days after receipt of the suspension, revocation or denial notice. Upon receipt of the hearing request, the Commission shall appoint a hearing officer and notify the holder or applicant of the date, time and location of the hearing. The Commission shall cause an official record to be made of the proceedings. Hearings shall be conducted in an informal manner and without necessity of adherence to the rules of evidence required in judicial proceedings. Parties shall have the right to be represented by counsel, to submit evidence in open hearing, compel the attendance of witnesses and to cross-examine any witness at the hearing. Irrelevant, immaterial or unduly repetitious evidence shall be excluded by the hearing officer. Notice may be taken of generally recognized technical or scientific facts within the Commission’s specialized knowledge, and the Commission's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. Based upon the evidence in the record of the proceedings, the hearing officer shall affirm, rescind, or modify the suspension or revocation of the license, permit, tag or stamp, or the denial of the application. Decisions of the hearing officer shall be final and shall include findings of fact, conclusions of law and the final order. The parties shall be served either personally or by mail with a copy of the final decision.
01.00-L REWARD SYSTEM. The Director of the Arkansas Game and Fish
09-99 Commission, through his authorized representative and according to policy, may pay cash rewards in an amount up to one thousand dollars ($1,000) for information resulting in the issuance of citations for certain violations of Arkansas Game and Fish Commission regulations.