» Rules & Regulations » Code of Regulations » Section 15- Captive Wildlife/Hunting Resorts

Arkansas Game and Fish Commission - Code of Regulations - Section 15

CAPTIVE WILDLIFE/HUNTING RESORTS

15.01 Possession of Certain Wildlife in Captivity Prohibited.

15.02 Captive Non-Native Wildlife.

15.30 Release of Wildlife Prohibited.

15.31 Hunting of Captive Wildlife Prohibited.

15.32 Commercial Wildlife Hunting Resort.

15.33 Game Bird Shooting Resort.

15.34 Wildlife Breeder/Dealer.

15.35 Special Commercial Quail Permit.

15.36 Scientific Collection Permit.

15.37 Wildlife Importation.

15.38 Importation of Certain Wildlife Prohibited.

15.39 Wildlife Rehabilitation.

15.40 Mountain Lion Permit.

15.41 Native Wildlife Pets.

15.42 Falconry Permit.

15.43 Live Fox and Coyote Permit.

(Strikethroughs indicate regulations that were repealed September 2007.)

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15.01 POSSESSION OF CERTAIN WILDLIFE IN CAPTIVITY

09-07 PROHIBITED. It shall be unlawful to possess alive, hold captive, confine or enclose any wildlife, including fish, whether native or non-native, migratory or imported, unless authorized or excepted as specified herein.

EXCEPTIONS:

(1) The carcass of any furbearer, game animal, game bird or game fish legally taken during a declared open season.

(2) Commission employees in the performance of their authorized duties.

(3) Wildlife, except those mentioned in (4) of this sub-section,

may be possessed and held captive in compliance with the

following regulations of this section:

(a) 15.02, Captive Non-Native Wildlife;

(b) 15.32, CommercialWildlife Hunting Resort;

(d) 15.34, Wildlife Breeder/Dealer;

(e) 15.35, Special Commercial Quail Permit;

(f) 15.39, Wildlife Rehabilitation;

(g) 15.40, Mountain Lion Permit;

(h) 15.41, Native Wildlife Pets;

(i) 15.42, Falconry

(4) Fish, bullfrogs, mussels, aquatic turtles and alligators may be possessed and held captive in compliance with the following Code Sections:

(a) Section 36.00, Bull Frog Regulations;

(b) Section 37.00, Baitfish Regulations;

(d) Section 39.00, Aquatic Turtle Regulations;

(e) Section 40.00, Alligator Farming Regulations;

(f) Section 41.00, Commercial Fishing Regulations;

(g) Section 42.00, Fish Farmer Regulations.

(5) Organizations that are accredited members of the American Zoo and Aquarium Association (AZAA).

(6) Individuals or organizations may be permitted topossess and hold captive on a temporary basis captive-reared mallards, pen-raised quail, coyote, fox or raccoon for the sole purpose of dog training or conducting field trials sanctioned by the American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), Hunting Retrievers Club (HRC), United Kennel Club (UKC), Professional Kennel Club (PKC), or American Coon Hunters Association (ACHA) upon requesting and receiving written approval from the Chief of the Wildlife Management Division.

(7) Individuals or organizations that are determined by this Agency to be involved in bona fide scientific research, education or conservation efforts of significant benefit to wildlife, or wildlife habitat, in the State of Arkansas may be permitted to possess and hold captive wildlife in compliance with the terms of a special permit issued by the Chief of Wildlife Management Division.

(8) Individuals or organizations with a U. S. Department of Agriculture (USDA) Wildlife Exhibition Permit may possessand hold captive wildlife allowed by that permit. Holders of this permit are not exempt from subsequent regulations in Section 15.

(9) Individuals or organizations possessing a valid U.S. Fish and Wildlife Service migratory bird permit may possess migratory birdsin compliance with the terms of that permit. Holders of these permits are not exempt from subsequent regulations in Code 15. Holders of U.S. Fish and Wildlife Service Raptor Propagation Permits are not required to obtain Commission Wildlife Breeder/Dealer Permits to propagate or distribute raptors.

(10) The following species of wildlife are considered exempt from rules regarding captive wildlife in Commission Codes 15.02, 15.34 and 15.37: Buffalo (Bos bison), Emu (Dromaius novaehollandiae), Llama (Lama glama), Muscovy duck (Cairina moschata), European domestic ferret (Mustela putorius), Hamster (Mesocricetus auratus, Phodopus campbelli, Phodopus sungorus, Cricetulus griseus, Phodopus roborovskii), Guinea pig (Cavia porcellus), Ringneck dove (Streptopelia risoria), Gerbils (Subfamily Gerbillinae), common white mice and common white rats, and Wolf/Dog hybrids.

PENALTY: $250.00 to $2,000.00.

(1) Any wildlife possessed in violation of this code section may be declared contraband and subject to immediate seizure.

(2) Uponconviction, or before if so ordered by a court having legal jurisdiction, title to the wildlife shall be forfeited to the Commission and released or disposed of in accordance with Commission policy.

(3) Any person convicted of violating this regulation shall be liable for the costs accrued in the storage, care, and maintenance of any equipment or wildlife seized in connection with the violation.

(4) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegal wildlife and shall be liable for the costs of destruction and/or disposal of the illegal wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.02 CAPTIVE NON-NATIVE WILDLIFE.

11-00/09-07 (A) It shall be unlawful to possess as personal pets captive non-native wildlife not excepted under Commission regulation 15.01, Possession of Certain Wildlife in Captivity Prohibited, unless the possessor can produce written documentation that such wildlife has been certified by an accredited veterinarian to be free of diseases/parasites that may pose adverse risk to native wildlife.

(B) It shall be unlawful to possess mountain lions (Puma concolor) except in compliance with Commission Codes 15.34 (Breeder/Dealer Permit) or 15.40 (Mountain Lion Permit).

(C) Tigers, African Lions and all species of bears may only be kept in compliance with Sections 501-511 of Title 20, Chapter 19, of the Arkansas Code or in compliance with Commission regulation 15.34, Wildlife Breeder/Dealer Permit.

EXCEPTION:

(1) Wildlife listed in Commission Code 15.01 Exception 10.

PENALTY: $500.00 to $2,000.00.

(1) Any person convicted of violating this regulation shall be liable for the costs incurred in the storage, care, and maintenance of any equipment, wildlife, and/or fish seized in connection with the violation.

(2) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegally possessed wildlife, and shall also be liable for the costs of destruction and/or disposal of the illegally possessed wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.30 RELEASE OF WILDLIFE PROHIBITED. It shall be unlawful to

11-00/09-07 release any species of wildlife into the wild without prior written approval from the Arkansas Game and Fish Commission. The Commission or its designees are authorized to recapture or shoot to kill any wildlife to protect the health and safety of the public or Arkansas’ wildlife, whether kept legally or illegally, that escapes from or is illegally released from captivity.

EXCEPTIONS:

(1) In accordance with a valid Game Bird Shooting Resort Permit specially relating to captive raised quail, pheasant, chukar and mallards.

(2) AGFC personnel in the performance of their official duties.

Native wildlife, other than mountain lions, in accordance with a valid Commission Wildlife Rehabilitation Permit or a United States Fish and Wildlife Rehabilitation Permit.

(3) Individuals or organizations may be permitted to possess and hold captive on a temporary basis raccoon, fox, coyote, captive-reared mallards, pen-raised quail, or ringneck pheasant for the sole purpose of dog training or conducting field trials sanctioned by the American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), Hunting Retrievers Club (HRC), United Kennel Club (UKC) or American Coon Hunters Association (ACHA) upon requesting and receiving written approval from the Chief of the Wildlife Management Division.

(4) Individuals or corporations possessing a valid federal/state Falconry permit may release raptors in accordance with all federal and state falconry regulations.

PENALTY: $500.00 to $5,000.00.

(1) Any person convicted of violating this regulation shall be liable for the costs accrued by this Agency in the recapture, including all man-hours of Commission personal, storage and care of any released and/or recaptured wildlife in connection with the violation.

(2) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the released wildlife and shall be liable for the costs of destruction and/or disposal of the released wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.31 HUNTING OF CAPTIVE WILDLIFE PROHIBITED.

11-00/09-07 (A) It shall be unlawful to hunt any wildlife held captive, enclosed or confined.

(B) It shall be unlawful to introduce or release any wildlife into any situation in which it is held captive, enclosed or confined for the purpose of hunting such wildlife.

EXCEPTIONS:

(1) In compliance with regulation 15.32, Commercial Wildlife Hunting Resort.

(2) In compliance with regulation 15.33, Game Bird Shooting Resort.

(3) Captive-reared mallards possessed in compliance with Code Section 15.00 may only be taken by the use of shotgun with live ammunition during sanctioned American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), or Hunting Retrievers Club (HRC) retrieving dog field trials by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(4) Captive-reared mallards possessed in compliance with Code Section 15.00 may only be taken by the use of shotgun with live ammunition while training waterfowl retrievers by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(5) Facilities containing only red fox, gray fox and coyote (fox pens).

(6) Native game animals, except black bear and elk, may be hunted in enclosures for non-commercial purposes without a Commercial Wildlife Hunting Resort Permit, provided it is done in accordance with all statewide hunting regulations, including bag limits and license requirements.

(7) In accordance with Commission Code 18.09, Depredation Permit Requirement.

PENALTY: $500.00 to $2,000.00

15.32 COMMERCIAL WILDLIFE HUNTING RESORT. It shall be unlawful

11-00/09-07 for any person to operate or maintain a commercial wildlife hunting resortfor pay, or other consideration, without first obtaining a Commercial Wildlife Hunting Resort Permit from the Arkansas Game and Fish Commission. Commercial Wildlife Hunting Resort Permits for new facilities for the hunting of any member of the cervidae family shall not be issued after June 30, 2006.

(A) Eligibility and Application Requirements:

(1) A Commercial Wildlife Hunting Resort Permit shall not

be issued to any person, firm or corporation until the

applicant has demonstrated satisfactory compliance

with the following requirements:

(a) The applicant shall be at least 18 years of age 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 five (5) years of thedate of application.

(b) The applicant shall provide to the Commission, in writing, proof from the county judgeor sheriff and any municipal planning commission or board with jurisdiction, stating that the applicant’s hunting resort shall be in compliance with all applicable local ordinances. Said proof of compliance shall be submitted with the application.

(d) A separate applicationshall be made for each facility.

(2) The requested permit shall be denied if:

(a) The applicant fails to meet any of the issuance criteria set forth in this Code section;

(b) The applicant fails to disclose material information required, or has made false statements as to any material fact in connection with the application, or has supplied false information or made a false statement on the application;

(c) The Commission finds, through further inquiry or investigation, the issuance of the permit may be potentially harmful to the wildlife resources of the State.

(B) Permit Requirements:

(1) Native game animals, except black bear, may be huntedwithin Commercial Wildlife Hunting Resorts in accordance with statewide hunting regulations and license requirements. Such high-fence enclosures shall be equal to, or greater than,500 contiguous acres of free range and having a fence of not less than eight (8) feet in height around the perimeter.

(2) Deer and elk may be hunted within Commercial Wildlife Hunting Resorts with any legal method of take for deer or elk hunting from October 1 through February. Bag limits do not apply. Elk permit not required.

(3) There shall be no cross fencing that has the effect of Reducing the size of the area to less than 500 contiguous acres. Said high-fenced enclosure shall have a minimum of sixty percent (60%) forested cover that has been classified as timberland by the local county tax assessor.

(4) High-fence enclosures operated for commercial purposes must obtain a Commercial Wildlife Hunting Resort Permit from the Commission sixty days prior to initiation of hunting and notify the Commission upon any change of ownership or enclosure size.

(5) Taking, attempting to take, chasing, herding or corralling deer or elk with dogs within a commercial wildlife hunting enclosure is prohibited.

(6) Hunting of non-native wildlife within a high-fence enclosure is prohibited.

(7) The perimeter fencing of a high-fence enclosure must be clearly defined with signs posted at minimum intervals of 300 feet and bearing the words, “Commercial Wildlife Hunting Resort”. Such signs must be yellow with black letters that are at least 4 inches in height.

(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 Arkansas Game and Fish Commission within 7 days of receipt.

(9) Permit holders whose facilities, including enclosures, pens and cages, are not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(10) If the violation has not been corrected in ten (10) days, this Agency may revoke any existing permit and may refuse to issue any future permit to the violator. Such revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(1) It shall be unlawful for owners or operators of commercial wildlife hunting resorts to fail to keep legible and complete records showing the name and current address of each hunter. Said records shall also reflect the date, number of wildlife and sex of each wildlife taken by each hunter.

(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. Said records shall also 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) All records must be either typed or written in plain and legible English and must be retained throughout the time the wildlife is possessed by the permittee or for a period of five (5) years, whichever is longer.

(4) Permit holders shall submit a completed Commercial Wildlife Hunting Resort Harvest Report to the Commission no later than May 1 of each year. Said report shall be submitted on a form provided by the Commission.

(D) Disease Testing and Control:

(1) The Director of the Arkansas Game and Fish 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 the state of 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 the state of Arkansas.

(2) Such examinations, testing, quarantine and slaughter of captive wildlife shall be conducted at the expense of the owner of such wildlife. As a condition of any permit issued under this Code chapter, the Commission may require the captive wildlife be quarantined for a period specified by the Commission.

(E) Facility and Caging Requirements:

(1) All wildlife possessed in captivity shall be maintained

in enclosures, pens, or cages that are sufficiently

strong to prevent escape of the wildlife and that will

protect the wildlife from injury.

(2) Enclosures, pens and cages 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 or inadequate by Commission personnel shall be repaired or reconstructed within ten-days of notification, or sooner if so ordered by the Commission.

(3) Permit holders whose facilities, including enclosures, pens and cages, are not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(4) If the violation has not been corrected at the end of ten (10) days this Agency 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.

(F) Inspection:

(1) Any person issued a Commercial Wildlife Hunting Resort Permit shall allow entry, at any reasonable hour, to employees or agents of the Commission upon premises where the permitted activity is conducted.

(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 employee or agent of the Commission.

(3) Commission employees or agents may enter such premises to inspect the location, books, records, or permits required to be kept and any wildlife and/or facilities kept under authority of said permit.

(G) Permit Renewal, Transfer, Suspension And Revocation:

(1) Permits may be revoked by this Agency for failure to comply with the terms of the permit or with the terms of this Commission Code section.

(2) Persons in violation of the terms of this permit, violation of the Commission Codes, or upon conviction of associated regulations of the U. S. Fish and Wildlife Service, shall be notified in writing of such violations and shall have twenty days to respond with just cause as to why their permit should not be suspended or revoked.

(2) If, at the end of the twenty-day period, just cause has not been given, this Agency may suspend or revoke any existing permit held by the violator and may refuse to issue any future permit to the violator. Such suspension, revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(3) Upon revocation, permit holder must legally remove all

captive wildlife within the time designated in the

revocation, not to exceed sixty (60) days, and failure to

do so shall result in the Commission taking action, per

Commission policy, at the permit holder’s expense.

EXCEPTION:

(1) A Commercial Wildlife Hunting Resort Permit is not required for pens in which red fox, gray fox and coyote are pursued (fox pens) unless the facility is also a high-fence enclosure in which other native game species are hunted as part of a commercial operation.

PENALTY: $500.00 to $5,000.00 per violation.

(1) Any person convicted of violating this regulation shall be liable for the costs accrued in the storage, care, and maintenance of any equipment and/or wildlife seized in connection with the violation.

(2) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegal wildlife, and shall also be liable for the costs of destruction and/or disposal of the illegal wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.33 GAME BIRD SHOOTING RESORT. It shall be unlawful for any

09-07 person to engage in the business of harvesting captive-raised game birds by hunters for pay, or other consideration, without first obtaining a Game Bird Shooting Resort Permit from the Arkansas Game and Fish Commission.

(A) Eligibility and Application Requirements:

(1) A Game Bird Shooting Resort Permit shall not be issued to any person until the applicant has demonstrated satisfactory compliance with the following requirements:

(a) The applicant shall be at least 18 years of age 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 five (5) years of the date of application.

(b) 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 applicable local ordinances. Said proof of compliance shall be submitted with the application.

(d) A separate application shall be made for each facility.

(2) The requested permit shall be denied if:

(a) The applicant fails to meet any of the issuance criteria set forth in this Code section;

(c) The Commission finds, through further inquiry or investigation, the issuance of the permit may be potentially harmful to the wildlife resources of the State.

(B) Permit Requirements:

(1) It shall be unlawful for holders of a Game Bird

Shooting Resort Permit to fail to comply with the

following requirements:

(a) On any day, before hunting is allowed on a

shooting resort, the resort operator shall release

no more than the number of game birds intended

to be harvested that day, less the number of bird

released for the previous hunt that were not

harvested;

(b) On any day hunting is allowed, the resort owner shall release only the number of captive-reared mallards intended to be harvested that day and, after hunting is completed, shall recapture all non-harvested mallards released for the hunt and return them to their building or covered pen.

contiguous and not exceed 1,500 acres;

(d) The perimeter of each game bird shooting resort shall be clearly defined and posted with signs erected at intervals not to exceed 300 feet and bearing the words, “Game Bird Shooting Resort”. Such signs must be yellow with black letters that are at least 4 inches in height.

(e) Operators of Game Bird Shooting Resorts may release captive reared mallards for the sole purpose of flight training during daylight hours only from July 1 – September 1. After flight training has been completed, captive-reared mallards shall be returned to their building or covered pen before sunset.

(f) Facilities, including enclosures, pens and cages, that are not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(g) If the violation has not been corrected at the end of ten (10) days, this Agency may revoke orsuspend the issued permit and may refuse to issue any future permit. Such revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(1) It shall be unlawful for owners or operators of game

bird shooting resorts to fail to keep legible records on a form provided by the Commission, showing the

name, complete address, date, number and type of

birds released each day and the number taken by

each hunter.

(4) Permit holders shall submit a completed Game Bird Shooting Resort Daily Release And Harvest Report to the Commission on or before May 1 of each year. Said report shall be submitted on a form provided by the Commission.

(D) Disease Testing and Control:

(1) The Director of the Arkansas Game and Fish 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 the state of 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 or flocks that are, or in the opinion of the Commission may be, infected with a disease or parasite that may have detrimental effect on native wildlife, other captive wildlife, livestock or the public health of the citizens of the state of Arkansas.

(E) Facility and Caging Requirements:

(1) All wildlife possessed in captivity shall be maintained

in enclosures, pens, or cages that are sufficiently strong to prevent escape of the wildlife and that will protect the wildlife from injury.

(2) Birds shall be kept in buildings or covered pens that prevent them from leaving the facility and that do not allow entry of wild birds.

(3) Enclosures, pens and cages 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 or inadequate by Commission personnel shall be repaired or reconstructed within ten-days of notificationor sooner if so ordered by the Commission.

(4) Permit holders whose facilities, including enclosures, pens and cages, are not in compliance with this Code section shall be notifiedin writing and shall have ten (10) days to correct the violation.

(5) If the violation has not been corrected at the end of ten (10) days this Agency 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.

(F) Harvest Identification Requirements:

(1) Any person in possession of harvested game birds removed from a game bird shooting resort shall have in his possession written information indicating the name and address of the hunter who harvested the game birds, number and species of gamebirds, and date the game birds were harvested.

(2) Any person in possession of harvested birds removed from a game bird shooting resort shall have in his possession written information that indicates the name and address of the game bird shooting resort where the birds were harvested

(G) Inspection:

(1) Any person issued a Game Bird Shooting Resort Permit shall allow entry, at any reasonable hour, to employees or agents of the Commission upon premises where the permitted activity is conducted.

(2) Commission employees or agents may enter such premises to inspect the location, books, records, or permits required to be kept and any wildlife and/or facilities kept under authority of said permit.

(3) 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 employee or agent of the Commission.

(H) Permit Renewal, Transfer, Suspension & Revocation:

(1) Permits may be revoked by this Agency for failure to comply with the terms of the permit or with the terms of this Commission Code section.

(2) Persons in violation of the terms of this permit, violation of the Commission Code, or upon conviction of associated regulations of the U. S. Fish and Wildlife Service, shall be notified in writing of such violations and shall have twenty days to respond with just cause as to why their permit should not be suspended or revoked.

(3) If, at the end of the twenty-day period, just cause has not been given, this Agency may suspend or revoke any existing permit held by the violator and may refuse to issue any future permit. Such suspension, revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(4) Upon revocation, permit holder shall legally remove all captive wildlife within the time designated in the revocation, not to exceed sixty (60) days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder’s expense

PENALTY:$500.00 to $5,000.00 per violation, except that violations of subsection (F), Harvest Information Requirements, shall be $200.00 to $1,000.00.

(1) Any person convicted of violating this regulation shall be liable for the costs accrued in the storage, care, and maintenance of any equipment or wildlife seized in connection with the violation.

(2) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegal wildlife and shall be liable for the costs of destruction and/or disposal of the illegal wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.34 WILDLIFE BREEDER/DEALER PERMIT. It shall be unlawful for

09-07 any person to rear, breed, propagate, produce, distribute, sell or offer for sale any wildlife in the state of Arkansas without first obtaining a Wildlife Breeder/Dealer Permit from the Arkansas Game and Fish Commission.

(A) Eligibility and Application Requirements:

(1) A Wildlife Breeder/Dealer Permit shall not be issued to any person, firm or corporation until the applicant has demonstrated satisfactory compliance with the following requirements:

(b) 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 applicable local ordinances. Said proof of compliance shall be submitted with the application.

(d) A separate application shall be made for each facility.

(2) The requested permit shall be denied if:

(a) The applicant fails to meet any of the issuance

criteria set forth in sub-section (1) of this

(b) The applicant fails to disclose any required information, submits false information or makes false statements as to any material fact in connection with the application;

(c) The Commission finds, through further inquiry or investigation, the issuance of the permit may be potentially harmful to the wildlife resources of the State.

(3) Wildlife Breeder/Dealer Permits shall not be issued for new facilities to:

(a) Any person, firm or corporation rearing,

breeding, propagating, producing, or

distributing, or possessing large carnivores

and mountain lions.

(b)Any person, firm or corporation rearing,

breeding, propagating, producing or

distributing any member of the cervidae

family.

(c)Anyperson,firm or corporationengagedin

the importation, propagation, sale, transfer,

barter, or distribution of box turtles (genus

Terrapene). The propagation, sale, transfer,

barter, or distribution of any Terrapene is

prohibited.

(B) Permit Requirements:

(1) The applicant shall supply satisfactory evidencethat

stock has been/will be secured from a legal source.

(2) Stock may be slaughtered in accordance with established husbandry practices for slaughter of domestic livestock.

(3) Fencing of enclosures in which deer, elk or other big game animals are to be held shall consist of a permanent deer-proof fence at least eight (8) feet in height and constructed in a manner so as to prohibit escape of captive wildlife and prohibit the ingress of native wildlife.

(4) Permits for Wildlife Breeder/Dealer facilities that keep waterfowl shall not be issued for properties where poultry is raised for sale, show or exhibition.

(5) Waterfowl hatched in Wildlife Breeder/Dealer facilities shall be banded with a seamless metal band.

(6) Facilities holding a Wildlife Breeder/Dealer Permit for cervids shall only sell live cervids to Arkansas residents who possess a current Wildlife Breeder/Dealer Permit for cervids, Arkansas residents who possess a current Commercial Wildlife Hunting Resort Permit for cervids or to buyers outside the state of Arkansas.

(7) Live bobwhite quail sold to Arkansas residents who do not possess a Wildlife Breeder/Dealer permit or Game Bird Shooting Resort Permit must be banded by the permit holder.

(1) Records shall be kept of all wildlife acquisitions and dispositions, including births, deaths, sales, slaughter, and transport.

(2) Records shall include evidence of legal possession of all wildlife kept under the permit, including licenses, bills of sale, bills of lading, receipts, invoices, or other satisfactory evidence of ownership. Records shall include date of acquisition, place of origin, and the name, address and telephone number of the person from whom the wildlife was acquired.

(3) Records shall be kept of all wildlife sales, including the name, address and telephone number of the person to whom the wildlife was sold. Each record of sale shall also include species sold and the number of species sold to each person.

(4) All records shall be either typed or written in plain and legible English, and shall be retained throughout the time the wildlife is possessed by the permittee or for a period of five (5) years, whichever is longer.

(5) Holders of Wildlife Breeder/Dealer Permits shall submit legible and complete monthly reports of their inventory and any births, deaths, sales, or purchases of wildlife by the 5thof the following month. Said reports shall be submitted on a form provided by the Commission.

(6) Wildlife Breeder/Dealer Permit holders who possess cervids in facilities of greater than 25 acres in which the animals are allowed free range may report an estimated inventory number based on a survey technique approved by the Commission.

(D) Disease Testing and Control:

(1) The Director of the Arkansas Game and Fish 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 the state of 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 or flocks that are, or in the opinion of the Commission may be, infected with a disease or parasite that may have detrimental effect on native wildlife, other captive wildlife, livestock or the public health of the citizens of the state of Arkansas.

(3) All Cervids that die in captivity must be tested for chronic wasting disease. Copies of test results shall be forwarded to the Arkansas Game and Fish Commission within 7 days of receipt.

(4) Captive Cervids must demonstrate proof of compliance with all applicable Arkansas Livestock and Poultry Commission requirements.

(5) Permitted Wildlife Breeder/Dealer facilities in which birds are kept are required to adhere to applicable Arkansas Livestock and Poultry Commission requirements regarding pullorum-typhoid disease tests and are encouraged to participatein the National Poultry Improvement Plan.

(6) Each Wildlife Breeder/Dealer facility in which waterfowl are kept is required to test 60 birds for duck virus enteritis using the PCR technique every May. Facilities containing less than 60 birds shall test all birds in stock. Samples shall be taken by a licensed veterinarian and submitted to the Arkansas Livestock and Poultry Commission at the owner’s expense. Copies of test results shall be forwarded to the Arkansas Game and Fish Commission within 7 days of receipt.

(7) Flocks that test positive for duck virus enteritis shall be quarantined or destroyed by the owner or operator within 14 days and the carcasses disposed of in accordance with Arkansas Livestock and Poultry Commission regulations.

(E) Facility and Caging Requirements: All wildlife possessed in captivity shall be maintained in a permanent enclosure, pen, or cage located within the state of Arkansas that is sufficiently strong to prevent escape of the wildlife and protect them from injury. Birds must be kept in buildings or covered pens that preventthem from leaving the facility and that do not allow entry of wild birds. Cages, fencing, and guardrails 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 sixty days or as specified by the Commission.

(1) Facilities containing large carnivore and mountain lions shall meet the following requirements:

(a) A written plan of action shall be prepared and a copy submitted with permit application for use in the following events: Severe damage to enclosures due to fire, wind, floods or other occurrences caused by natural forces; animals attacking and/or injuring humans; and escape of an animal from its enclosure. Plans should identify the location of temporary holding facilities and necessary mechanisms to safely transport large carnivores to these facilities. Recapture plans shall outline procedures for handling and recapturing escaped large carnivores. Plans should include a list of safety equipment such as fire extinguishers, darting equipment, pepper spray, which will be available for use. The Commission shall immediately be notified upon the escape of any Large Carnivores or mountain lions. In the event of sickness, the name, address, phone number, and signature of the veterinarian who has agreed to care for the animal shall be provided.

(b) A perimeter fence sufficient to deter entry by the public, at least 8 feet in height shall completely surround cages where animals are housed or exercised outdoors. Perimeter fences constructed of materials that allow objects to be passed through them, such as chain link or welded wire shall be at least 3 feet from cages or exercise areas.

(d) All cages or enclosures shall be equipped with asafety entrance or device that allows a keeper to enter or exit a cage without providing an avenue of escape to an animal such as a double-gated entry door,interconnected cages that can be isolated from each other, a lock-down area, or other comparable device. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for cage construction. Doors or gates in perimeter fences shall be kept locked when not attended.

(e) Cages shall be equipped with a lockout area that allows the keeper to access and clean the cage while the animal is contained in a separate area.

(f) Cages shall be well braced and securely anchored at ground level to prevent escape by digging or

erosion. The fasteners and fittings used in construction shall be of equivalent strength to the material required for cage construction.

(g) In facilities containing Tigers, African Lions and Bears cage construction materials shall consist of not less than 9 gauge chain link or equivalent materials. In facilities containing mountain lions cage construction materials shall consist of not less than 11 gauge chain link or equivalent materials. Juvenile animals may be kept in incubation or rearing facilities that do not meet these standards until they weigh more than 25 pounds.

(h) Cages containing a single African lion, tiger or bear shall provide a cage floor size of no less than 300 square feet and shall be at least 8 feet tall. For each additional animal the cage size shall be increased 100 square feet.

(i) Cages containing a single mountain lion shall provide a cage floor size of no less than 200 square feet and shall be at least 8 feet tall. For each additional animal the cagesize shall be increased 100 square feet.

(j) Large carnivores and mountain lions may temporarily be housed in cages or enclosures smaller than specified in this section while being transported, while in veterinary care or while being quarantined provided that temporary caging is large enough for the animal to stand up, lie down and turn around without touching the sides of the enclosure or another animal.

(k) Open-top outdoor exercise areas are allowed providing they have vertical walls at least 12 feet in height, topped by either an inward angled overhang, inclined at an angle between 35 and 55 degrees, which is at least two feet in length and of equal strength as the cage walls or two strands of electric fencing, one of which is located 1 foot below the top of the vertical wall, and the other at the top of the wall or the upper three feet of the interior of the fence consists of sheer, solid metal. Animals may not be left in exercise areas overnight.

(l) Permit holders whose facility, including enclosures, pens and cages, is not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(m) If, at the end of ten (10) days, the violation has not been corrected this Agency may revoke any existing permit and may refuse to issue any future permit. Such revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(F) Inspection:

(1) Any person issued a Wildlife Breeder/Dealer Permit shall allow entry, at any reasonable hour, to employees or agents of the Commission upon premises where the permitted activity is conducted.

(2) Any person issued a Wildlife Breeder/Dealer Permit shall allow entry, at any reasonable hour, to Commission employees to inspect any wildlife and/or facilities kept under authority of the permit.

(3) 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 employee or agent of the Commission.

(G) Renewal, Transfer, Suspension & Revocation:

(1) Permits may be revoked by this Agency for failure to comply with the terms of the permit orwith the terms of this Commission Code section.

(4) Upon revocation, permit holder must legally remove all captive wildlife within the time designated in the revocation, not to exceed sixty (60) days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder’s expense.

EXCEPTIONS:

(1) Fish, bullfrogs, mussels, aquatic turtles and alligators in compliance with the following Code Sections:

a) Section 36.00, Bull Frog Regulations;

b) Section 37.00, Baitfish Regulations;

c) Section 38.00, Fresh Water Mussel Regulations;

d) Section 39.00, Aquatic Turtle Regulations;

e) Section 40.00, Alligator Farming Regulations;

f) Section 41.00, Commercial Fishing Regulations;

g) Section 42.00, Fish Farmer Regulations;

h) Game birds legally killed on a Game Bird Shooting Resort. Ref. Code 15.33 (Game Bird Shooting Resort)

(2) Red fox, gray fox and coyote that were legally trapped in Arkansas may be sold by persons with a valid hunting license and Live Fox and Coyote Permit Ref. Code 15.43 (Live Fox and Coyote Permit).

(3) Organizations that are accredited members of the American

Zoo and Aquarium Association.

(4) Holders of U.S. Fish and Wildlife Service Raptor Propagation Permits may breed, distribute and sell raptors without a Commission Wildlife Breeder/Dealer Permit.

(5) Wildlife listed in Commission Code 15.01 Exception 10.

PENALTY: $500.00 to $5,000.00 per violation.

(1) Any person convicted of violating this regulation shall be liable for the costs accrued in the storage, care, and maintenance of any equipment or wildlife seized in connection with the violation.

15.35 SPECIAL COMMERCIAL QUAIL PERMIT.

03-08 (A) It shall be unlawful for any person to engage in the business of selling or offering for sale the dressed carcasses of pen-raised quail without first obtaining of Special Commercial Quail Permit, stamp and Wildlife Breeder/Dealer Permit from the Arkansas Game and Fish Commission. (Ref: Section 01.00-C “Pen-Raised Quail”)

(B) Holders of a Special Commercial Quail Permit shall comply with the following requirements:

(1) Quail shall be harvested by means other than shooting.

(2) Packages containing dressed quail carcassesoffered for sale shall bear the permit number and said number shall be applied with the special stamp purchased with permit.

(C) For non-compliance with the terms of this permit this Agency may suspend or revoke any existing permit held by the violator and may refuse to issue any future permit. Such suspension, revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

PENALTY: $500.00 to $5,000.00 per violation.

15.36 SCIENTIFIC COLLECTION PERMIT.

09-07 (A) It shall be unlawful for any person to take wildlife for the purpose of scientific studies without first obtaining a Scientific Collection Permit issued by the Arkansas Game and Fish Commission.

(B) Scientific Collection Permits shall be applied for on a form provided by the Commission.

(C) An approved Scientific Collection Permit shall be in the possession of any person taking wildlife for scientific studies.

EXCEPTION:

(1) Commission employees, in performance of their duties, may take wildlife or fish for scientific purposes

PENALTY: $1,000.00 to $5,000.00per violation.

15.37 WILDLIFE IMPORTATION PERMIT. It shall be unlawful for any

09-07 person to import live wildlife into the state of Arkansas prior to obtaining a Wildlife Importation Permit issued by the Arkansas Game and Fish Commission. This permit shall be required regardless of the final destination of the wildlife, whether in Arkansas or points beyond. It shall be unlawful for any person to receive, acquire, purchase or possess any wildlife imported into this state in violation of this regulation.

(A) Eligibility and Application Requirements:

(1) A Wildlife Importation Permit shall not be issued to any person, firm or corporation until the applicant has demonstrated satisfactorycompliance with the following requirements:

(a) The applicant shall be at least 18 years of age 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 five (5) years of the date of application.

(b) An application for a permit must be submitted inwriting on a form supplied by the Commission.

(2) The requested permit shall be denied if:

(a) The applicant fails to meet any of the issuance criteria set forth in section (A) of this code:

(b) The applicant fails to disclose material information required, or has made false statements as to any material fact in connection with the application: or

(c) The Director or Commission’s issuing officer finds through further inquiry or investigation that the applicant is not qualified or the issuance of the permit may be potentially harmful to the wildlife resources of the State.

(B) Permit Requirements:

(1) Upon approval, and after issuance of, a Wildlife Importation Permit, holders of said permit may import wildlife into or transport wildlife through the state under the following conditions provided that prior to transportation the permit holder possesses the following documentation:

(a) Written proof of the origin and destination of each

animal.

(b) Documentation for each animal to demonstrate they

have not been kept in, or originated from, a location

from which importation has been restricted in

accordance with Commission Code 15.38

(Importation of Certain Wildlife Restricted).

Veterinary Examination Record Form upon which an

accredited veterinarian has certified each animal to

be free of diseases/parasites.

(2) It shall be unlawful for the holder of a Wildlife

Importation Permit to cause or permit any wild animal

or bird to be imported into this state under inhumane

or unhealthy conditions.

(3) A copy of the issued Wildlife Importation Permit and

the documentation required in Section (B)(1) of this

Commission code must accompany each animal during

transport.

(a) All documentation required in Section (B)(1) of

this Commission code shall be submitted by the

permit holder to the Commission’s Wildlife

Management Division within seven (7) days of the

permitted importation.

(b) For non-compliance with the terms of this permit this Agency may suspend or revoke any existing permit held by the violator and may refuse to issue any future permit. Such suspension, revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

EXCEPTIONS:

(1) Fish and aquatic turtles as allowed for aquaculture under Commission Code 42.09, other than those prohibited by Commission Code 32.13 (Certain Exotic Fish Prohibited).

(2) Wildlife exchanged with other states by the Commission.

(3) Organizations that are accredited members of the American Zoo and Aquarium Association.

(4) A Wildlife Importation Permit is not required for a non-resident falconer with a valid Non-resident Arkansas Hunting License, and possessing a valid falconry permit from another state, to import legally possessed raptors into Arkansas for the purposes of hunting provided that the birds will not stay in Arkansas longer than 30 consecutive days and are in compliance with Arkansas Livestock and Poultry Commission regulations relating to the entry of birds into the state.

(5) A Wildlife Importation Permit is not required for a resident falconer with a valid Arkansas Hunting License, and possessing a valid falconry permit from another state, to import legally possessed raptors into Arkansas provided that they are in compliance with Arkansas Livestock and Poultry Commission regulations relating to the entry of birds into the state.

(6) Circuses and others possessing US Department of Agriculture Wildlife Exhibition Permits may import wildlife into or through Arkansas temporarily for the limited purposes of performance or display under terms of a special permit issued by the Chief of the Wildlife Management Division.

(7) Wildlife listed in Commission Code 15.01 Exception 10.

(8) Up to six (6) box turtles (genus Terrapene) may be brought into Arkansas as pets without a permit.

PENALTY: $500.00 to $5,000.00 per violation.

(1) All equipment, including any form of legal tender, and all wildlife imported in violation of this regulation may be seized by Enforcement Officers, confiscated by the court, forfeited to the State and disposed of according to law. (Ref. 01.00-D, Confiscation and Seizure).

(2) Any person convicted of violating this regulation shall be liable for the costs incurred in the storage, care, and maintenance of any equipment, wildlife, and/or fish seized in connection with the violation.

(3) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegally imported wildlife, and shall also be liable for the costs of destruction and/or disposal of the illegally imported wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.38 Importation of certain wildlife prohibited. It shall

11-00/09-07 be unlawful for any person, including holders of a Wildlife Importation Permit, to import, ship, transport, or carry into the state by any means, or to cause to be imported, receive, or to assist in any manner in the importation of any of the following animals:

(A) Any live member of the cervidae family.

(B) Raccoons.

(D) Skunks.

(E) Coyotes that originate from or have lived in Alaska, Idaho, Illinois, Indiana, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota, Texas, Wisconsin, Wyoming or Canada.

(F) Gray and red foxes that originate or have lived in Alaska, Arizona, Idaho, Illinois, Indiana, Iowa, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New York, North Dakota, Ohio, South Dakota, Texas, Vermont, Wisconsin, Wyoming or Canada.

(G) Rodents captured in the wild from Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, Texas, Utah or Wyoming.

(H) All box turtles of the genus Terrapene.

(I) All live waterfowl.

(J) Large carnivores and mountain lions.

EXCEPTIONS:

(1) Wildlife exchanged with other states by the Commission.

(2) Cervids may be imported on a temporary basis for bone fide scientific, conservation, or educational purposes under terms of a special permit issued by the Chief of the Wildlife Management Division.

(3) Large carnivores and mountain lions may be imported only by holders of U.S. Department of Agriculture Wildlife Exhibition Permits for large carnivores or mountain lions. Such importation shall be done in accordance with a current Commission Wildlife Importation Permit.

(4) Mallard ducks may be imported by a representative of a group designated in Commission Code 15.30 Exception 3 for use in an official field trial in accordance with a current Wildlife Importation Permit provided that ducks must have a seamless metal band on one leg that identifies them as a captive-raised bird. The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and have tested negative for duck virus enteritis within 60 days before entry into the state and such documentation shall be submitted to the Commission in accordance with reporting requirements in Commission Code 15.37.

(5) Mallard ducks may be imported by the holder of a Shoot-To-Kill Retrieving Dog Training Permit in accordance with a current Wildlife Importation Permit provided that ducks must have a seamless metal band on one leg that identifies them as a captive-raised bird. The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and have tested negative for duck virus enteritis within 60 days before entry into the state and such documentation shall be submitted to the Commission in accordance with reporting requirements in Commission Code 15.37.

(6) Pet box turtles in accordance with Commission Code 15.37 (Wildlife Importation Permit) Exception 8.

PENALTY: $500.00 to $5,000.00per violation.

(3) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegally imported wildlife as is deemed necessary by the Commission for the protection of native wildlife.

15.39 WILDIFE REHABILITATION PERMIT. It shall be unlawful for

11-00/03-08 any person to possess sick, injured, orphaned, or impaired native wildlife, except migratory birds, for the purpose of rehabilitation without first applying for, obtaining and complying with the terms of a Wildlife Rehabilitation Permit issued by the Arkansas Game and Fish Commission. A Commission Wildlife Rehabilitation Permit is not required to keep migratory birds for rehabilitation purposes; however, a Migratory Bird Rehabilitation Permit from the U.S. Fish and Wildlife Service is required.

(A) Eligibility and Application Requirements:

(1) A Wildlife Rehabilitation Permit shall not be issued to any person until the applicant has demonstrated satisfactory compliance with the following requirements:

(b) The applicant shall be a resident of the state of Arkansas having a bona fide or actual residence within the state.

(c) 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 rehabilitation facility shall be in compliance with all applicable local ordinances. Said proof of compliance shall be submitted with the application.

(d) An application for the permit shall be submitted on a form supplied by the Commission.

(e) Applications will include the signature, address and phone number of a licensed veterinarian that will assist the applicant by providing consulting and referral services regarding animal rehabilitation and treatment.

(f) Applicants for General Class Wildlife Rehabilitation Pemits will provide proof of experience in accordance sub-section (A)(2) of this code.

(2) General Class Wildlife Rehabilitation Permits may be issued based upon documented applicant experience in accordance with any one of the following methods:

(a) Persons who submit written docoumentation of no less than 250 hours of experience in the care of sick, injured, orphaned or otherwise impaired wildlife. Such documentation must include a description of the specific training or experience acquired, and the dates and locations where acquired and should be written on a form provided by the Commission. In addition, the applicant shall submit a recommendation from a permitted rehabilitator, who shall state, based upon personal knowledge, that the applicant possesses the stated experience. Additional documentation may consist of records of prior permits for rehabilitation issued by other states or the U. S. Fish and Wildlife Service, employment records of wildlife rehabilitative facilities, training course certificates, or other competent documentation of experience.

(b) Persons who provide documentation that they held a permit issued in their name by the Commission or by any other state within the previous five (5) years for the rehabilitation of wildlife other than migratory birds.

(c) Persons who are currently qualified as a Certified Wildlife Rehabilitator by the International Wildlife Rehabilitation Council and who submit a recommendation from a permitted rehabilitator, who shall state, based upon personal knowledge, that the applicant is qualified to rehabilitate wildlife.

(3) Apprentice Class Wildlife Rehabilitation Permit applicants shall meet all the eligibility and application requirements of sub-section A(1) of this code and shall have a sponsor with a current General Class Wildlife Rehabilitation Permit.

(B) Permit Requirements:

(1) Wildlife shall be cared for at the location listed in the Wildlife Rehabilitation Permit.

(2) Persons who lack the experience necessary to apply for a General Class Wildlife Rehabilitation Permit may serve as an Apprentice Class Wildlife Rehabilitator under the general supervision of a General Class Wildlife Rehabilitator. Apprentice Class Wildlife Rehabilitators may possess and care for no more than 20 baby opossums or 6 other individual animals at a time.

(3) Wildlife undergoing rehabilitation or medical treatment shall not be hunted, bred or displayed to the public.

(4) Rehabilitated native wildlife shall be released at an ecologically appropriate time of year and into a habitat suitable to sustain it near the point of capture in, or adjacent to, the county in which it was originally captured. Wildlife shall not be released within the limits of any incorporated city or town and shall be released in accordance with any local regulations regarding release of wildlife.

(5) When euthanasia of wildlife is necessary, euthanasia shall be by an acceptable method as set forth by the International Wildlife Rehabilitation Council/National Wildlife Rehabilitators Association’s current Minimum Standards for Wildlife Rehabilitation handbook.

(6) Wildlife with permanent physical impairments may be kept for educational use upon approval of the Chief of the Division of Wildlife Management and in accordance with U. S. Department of Agriculture regulations regarding display of wild animals.Permittee shall not transfer permanently impaired wildlife to unauthorized individuals.

(7) Animals that die from causes other than disease while in the custody of the permittee shall be disposed of in accordance with applicable local or state laws or be offered to a museum, university, or other educational facility.

(8) Animals that die of disease must be destroyed in a manner that does not allow the spread of the disease to other animals or humans and must be reported to the Commission within 48 hours.

(9) Permittees receiving any species classified as endangered or threatened shall notify the Little Rock office of the Commission’s Wildlife Management Division within forty-eight (48) hours of the receipt of the animal.

(10) Permittees shall not require a fee associated with wildlife rehabilitation services or for the pick-up, delivery or acceptance of sick, injured, orphaned or otherwise impaired wildlife. This limitation shall not apply to professional fees charged by a licensed veterinarian for treatment or other services requested by a permitted wildlife rehabilitator. This regulation does not in any way prohibit nor discourage the public from making voluntary donations to rehabilitators for animal care and facility maintenance.

(11) Permittees are not agents of the Commission and may not represent themselves as such.

(12) All rehabilitation facilities shall abide by Standards Governing the Prevention of Disease Transmission Within the Rehabilitation Facility and Strategy for Prevention of Transmissible Diseases set forth by the current International Wildlife Rehabilitation Council/National Wildlife Rehabilitators Association’s Minimum Standards for Wildlife Rehabilitation handbook.

(13) Permittees who care for foxes, skunks or bats, must take and maintain records of pre-exposure rabies vaccination treatment. All other rehabilitators are strongly encouraged to take pre-exposure rabies vaccination treatment.

(1) All permit holders shall keep an up to date log on each animal taken into custody. The log shall include a record of the date the animal was received, county of origination, the animal’s treatment, condition and disposition and shall be subject to inspection by Commission personnel at any reasonable time.

(2) Permit holders shall submit annual reports of such records for the period January 1 to December 31 of each year on a form provided by the Commission. Said annual report shall be due no later thanJanuary 31.

(D) Facility and Caging Requirements:

(1) All wildlife shall be kept in pens/cages that meet or exceed the Basic Requirements for Housing Wild Animals and Minimum Housing Guidelines set forth by the current International Wildlfie Rehabilitation Council/National Wildlife Rehabilitators Association’s Minimum Standards for Wildlife Rehabilitation handbook unless otherwise authorized by the Commission.

(2) All wildlife possessed in captivity shall be maintained in enclosures, pens, or cages that are sufficiently strong to prevent escape of the wildlife and protect them from injury.

(3) Cages, fencing, and guardrails 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 sixty days or as specified by the Commission.

(4) Permit holders whose facilities, including enclosures, pens and cages, are not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(5) If, at the end of ten (10) days, the violation has not been corrected this Agency may revoke any existing permit and may refuse to issue any future permit. Such revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(E) Inspection:

(1) Any person issued a Wildlife Rehabilitation Permit shall allow entry, at any reasonable hour, to Commission employees or agents to inspect the location, books, records, or permits required by the permit.

(2) Any person issued a Wildlife Rehabilitation Permit shall allow entry, at any reasonable hour, to Commission employees or agents to inspect any wildlife and/or facilities kept under authority of the permit.

(3) 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 Commission employees or agents.

(F) Renewal, Transfer, Suspension & Revocation:

(1) Wildlife RehabilitationPermits shall expire on January 31 of each year. Permits may be revewed following receipt and approval by the Commission of a permit renewal application, and an annual report for the previous calendar year in accordance with Commission Code 15.39(C)(2).

(2) Permits may be revoked by this Agency for violation of the terms of this permit, violation of the Commission Code, or upon conviction of associated regulations of the U. S. Fish and Wildlife Service.

(3) Permit holders shall be notified in writing of such violations and shall have twenty days to respond with just cause as to why their permit should not be suspended or revoked.

(4) If, at the end of the twenty-day period, just cause has not been given, this Agency may suspend or revoke any existing permit held by the violator and may refuse to issue any future permit. Such suspension, revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(5) Upon revocation, permit holder must legally remove all captive wildlife within the time designated in the revocation, not to exceed sixty (60) days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder’s expense.

PENALTY: $100.00 to $1,000.00 per violation.

15.40 MOUNTAIN LION PERMIT. Itshall be unlawful to possess alive

09-07 any mountain lion (Puma concolor) without first obtaining a Mountain Lion Permit from the Arkansas Game and Fish Commission. Mountain Lion Permits will only be issued to facilities that possessed a Wildlife Breeder/Dealer Permit for mountain lions prior to September 30, 2007.

(A) Eligibility and Application Requirements:

(1) A Mountain Lion Permit shall not be issued to any person until the applicant has demonstrated satisfactory

compliance with the following requirements.

(b) 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 facility shall be in

compliance with all applicable local

ordinances. Said proof of compliance shall be

submitted with the application.

on a form supplied by the Commission.

(d) A separate application shall be made for each facility.

(2) The permit shall be denied if:

(a) The applicant fails to meet any of the issuance criteria set forth in this Code section.

(c) The Director or Commission’s issuing officer finds, through further inquiry or investigation, the applicant is not qualified or the issuance of the permit may be potentially harmful to the wildlife resources of the State

(B) Facility and Caging Requirements:

(1) Facilities containing mountain lions shall meet all of the following requirements:

(a) A written plan of action shall be prepared and shall be available for review by the Commission upon request. This plan shall address the following events: Severe damage to enclosures due to fire, wind, floods or other occurrences caused by natural forces; animals attacking and/or injuring humans; and escape of an animal from its enclosure. Plans should identify the location of temporary holding facilities and necessary mechanisms to safely transport mountain lions to these facilities. Recapture plans shall outline procedures for handling and recapturing escaped mountain lions. Plans should include a list of safety equipment such as fire extinguishers, darting equipment, pepper spray, which will be available for use. The Commission shall immediately be notified upon the escape of any mountain lions. In the event of sickness, the name, address, phone number, and signature of the veterinarian who has agreed to care for the animal shall be provided.

(c) Doors or gates in perimeter fences shall be kept locked when not attended. Warning signs must be posted at the entrance to the facility.

(d) All cages or enclosures shall be equipped with a safety entrance or device that allows a keeper to enter or exit a cage without providing an avenue of escape to an animal such as a double-gated entry door, interconnected cages that can be isolated from each other, a lock-down area, or other comparable device. Safety entrances shall be constructed of materials that are of equivalent strength as that prescribed for cage construction.

(e) Cages shall be equipped with a lockout area that allows the keeper to access and clean the cage while the animal is contained in a separate area.

(f) Cages should be well braced and securely anchored at ground level to prevent escape by digging or erosion. The fasteners and fittings used in construction shall be of equivalent strength to the material required for cage construction.

(g) Cage construction materials shall consist of not less than 11 gauge chain link or equivalent materials. Juvenile animals may be kept in incubation or rearing facilities that do not meet these standards until they reach the weight of 45 pounds at which time they shall be kept in the required cage.

(h) Cages containing a single mountain lion shall provide a cage floor size of no less than 200 square feet and shall be at least 8 feet tall. For each additional animal the cage size shall be increased by 100 square feet.

(i) Mountain lions may temporarily be housed in cages or enclosures smaller than specified in this section while being transported, while in veterinary care or quarantined, provided that temporary caging is large enough for the animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal.

(j) Open-top outdoor exercise areas are allowed providing that the exercise area has vertical walls at least 12 feet in height, topped by either an inward angled overhang, inclined at an angle between 35 and 55 degrees, which is at least two feet in length and of equal strength as the cage walls or two strands of electric fencing, one of which is located 1 foot below the top of the vertical wall, and the other at the top of the wall or the upper three feet of the interior of the fence consists of sheer, solid metal. Animals may not be left in exercise areas overnight.

(k) Permit holders whose facilities, including enclosures, pens and cages, are not in compliance with this Code section shall be notified in writing and shall have ten (10) days to correct the violation.

(l) If the violation has not been corrected in ten (10) days this Agency may revoke any existing permit and may refuse to issue any future permit. Such revocation or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

(1) Records shall be kept of all wildlife acquisitions and dispositions, including births, deaths, slaughter, and transport.

(3) All records must be either typed or written in plain and legible English, and must be retained throughout the time the wildlife is possessed by the permittee or for a period of five (5) years, whichever is longer.

(4) The Commission shall be notified within seventy-two (72) hours of any change in the number of mountain lions kept within the facility.

(D) Disease Testing and Control:

The Director of the Arkansas Game and Fish Commission, shall determine mechanisms and procedures for control of diseases and parasites in captive wildlife, including mountain lions, within the state of Arkansas. Such mechanisms and procedures shall include, but not be limited to, examination, testing, quarantine and slaughter or destruction of individual animals 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 the state of Arkansas. Such examinations, testing, quarantine and slaughter of captive wildlife shall be conducted at the expense of the owner of such wildlife. As a condition of this permit, the Commission may require the captive wildlife be quarantined for a period specified by the Commission.

(E) Inspection:

(1) Any person issued a Mountain Lion Permit under this Code chapter shall allow entry, at any reasonable hour, to employees or agents of the Commission upon the premises where the permitted activity is conducted. Commission employees or agents may enter such premises to inspect the facility, any and all records associated with the activities relating to the permit, and any mountain lions kept under authority of the permit.

(2) Each permittee shall pen the mountain lion in a suitable pen and restrain it for inspection, at a reasonable time, when requested to do so by an employee or agent of the Commission.

(F) Permit Renewal, Transfer, Suspension & Revocation:

(1) Permits may be revoked by this Agency for failure to comply with the terms of the permit or with the terms of this Commission Code section.

EXCEPTIONS:

(1) Organizations that are accredited members of the American Zoo and Aquarium Association.

(2) Mountain Lions held in compliance with a Commission Wildlife Breeder/Dealer Permit (Ref. Code 15.34 Breeder/Dealer Permit).

PENALTY: $500.00 to $5,000.00 per violation.

(1) All wildlife possessed in violation of this regulation may be seized by Enforcement Officers, confiscated by the court, forfeited to the State and disposed of according to law. (Ref. 01.00-D, Confiscation and Seizure).

(2) Any person convicted of violating this regulation shall be liable for the costs accrued in the storage, care, and maintenance of any equipment and/or wildlife seized in connection with the violation.

(3) Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegal wildlife, and shall be liable for the costs of destruction and/or disposal of the illegal wildlife, as is deemed necessary by the Commission for the protection of native wildlife.

15.41 NATIVE WILDLIFE PETS. It shall be unlawful for any person to

09-07 possess native wildlife as pets except as follows:

(A) Animals captured from the wild.

(1) It shall be unlawful to take or attempt to take from the wild and possess alive any native wildlife species other than six (6) each, per household, of the animals specified herein.

(a) Bobcat, coyote, deer, gray fox, red fox, opossum, rabbit, raccoon and squirrel may be captured by hand and possessed as a wildlife pet.

(b) Native non-game wildlife, except birds, bats, alligator snapping turtles, ornate box turtles, hellbenders, troglodytic species (cave dwellers), or those animals defined as endangered species, may be captured by hand and kept as a wildlife pet.

(2) It shall be unlawful for any person to remove such wildlife, or their offspring, from the state except under the terms of a permit issued by the Chief of Wildlife Management Division. Said permit may be issued to individuals moving from the state and who have proof from the state of destination that such importation is legal.

(3) The sale or transfer of ownership of such animals or their offspring is prohibited except as provided for in (7) of this regulation.

(4) All wildlife possessed in captivity shall be maintained

in enclosures, pens, or cages that are sufficiently

strong to prevent escape of the wildlife and that will

protect the wildlife from injury.

(5) All adult deer kept in compliance with (A) of this regulation shall be confined within an enclosure. Said enclosure shall comply with the following requirements:

(a) Enclosures shall have a perimeter fence that is not less than eight (8) feet in height and shall be constructed so as to prohibit the escape of confined cervids and the ingress of native cervids.

(b) The area of the enclosure shall not be less than two hundred (200) square feet for the first cervid and shall be increased in size one hundred and fifty (150) square feet for each additional cervid.

(6) Males and females of the same species of game animal must be kept in separate enclosures, or if kept in the same enclosure, the owner shall provide proof that all males within the enclosure have been neutered.

(7) Native wildlife, except white-tailed deer, kept as personal pets in compliance with this regulation may be transferred to a Wildlife Rehabilitator and released back into the wild in the county where they were captured provided such animals were not confined with commercially obtained, captive born wildlife of the same species.

(B) Captive born native-wildlife: A maximum of six (6) animals per household of a native wildlife species which were commercially obtained, captive born animals may be possessed as personal pets in compliance with the following restrictions.

(1) Persons keeping pets under (B) of this regulation shall provide proof upon demand that the pets were purchased in compliance with regulation 15.34, Wildlife Breeder/Dealer Permit, or imported into the state in compliance with regulation 15.37, Wildlife Importation Permit or 15.38, Importation of Certain Wildlife Prohibited. Said pets shall be kept in compliance with the following restrictions:

(2) Commercially obtained, captive born wildlife pets and/or their offspring shall not be confined with the same species of wild born animals and/or their offspring.

(3) Owners shall maintain records of proof of legal ownership of such animals including licenses, bills of sale, bills of lading, receipts, invoices and copies of Wildlife Importation Permits or other satisfactory

evidence. The date of acquisition, place of origin, and the name, address, and telephone number of the person from whom the wildlife was acquired shall be recorded.

(4) Commercially obtained, captive born wildlife pets or their offspring shall only be sold in compliance with regulation 15.34, Wildlife Breeder/Dealer Permit.

(5) Males and females of the same species of game animal must be kept in separate enclosures, or if kept in the same enclosure, the owner shall provide proof that all males within the enclosure have been neutered.

(6) Owners of commercially obtained or captive born white-tailed deer or elk that were acquired prior to June 30, 2005 and that are kept as personal pets may retain ownership of such animals provided they registered with the Wildlife Management Division by June 30, 2008 and are in compliance with all provisions of this regulation.

(7) All deer and elk that die in captivit

Arkansas Game & Fish Commission

Rules & Regulations

Arkansas Game and Fish Commission - Code of Regulations - Section 15

PENALTY: $500.00 to $2,000.00

PENALTY: $500.00 to $5,000.00 per violation.

PENALTY: $500.00 to $5,000.00per violation.

PENALTY: $100.00 to $1,000.00 per violation.

PENALTY: $500.00 to $5,000.00 per violation.