Arkansas Game and Fish Commission - Code of Regulations - Section 18
Section 18.00 - General Hunting Regulations
18.01
Hunting Wildlife in Closed Season Prohibited.
18.02
Night Hunting Prohibited.
18.02-A
Use of Artificial Lights Prohibited.
18.03
Selling Wildlife Restrictions.
18.04
Hunting From Road Prohibited.
18.05
Taking Wildlife at Night from a Boat Prohibited.
18.06
Taking Wildlife from Aircraft Prohibited.
18.07
Deadfalls, Drugs, Chemicals, Poisons, Explosives, Booby Traps
Prohibited forTaking Wildlife.
18.08
Taking Wildlife Fleeing Fire, Flood Prohibited.
18.09
Depredation Permit Requirement.
18.09-ADepredation Permit General Provisions.
18.10
Hunting Prohibited in State and National Parks.
18.11
Loaded Firearms in Recreation Areas Prohibited.
18.12-AImport or Export of Live Raccoons.
18.14
Taking of Alligator Prohibited.
18.18
Waterfowl Hunting Restrictions on Lakes Catherine, Hamilton and Harris Brake.
18.19
Weapon Restrictions on BeaverReservoirIslands.
18.20
Taking of Raptors Prohibited.
18.21
Hunting Restricted During Flooding Within Flood Prone Regions.
18.22
Prohibited Methods for Taking Wildlife.
18.25 Alligator Baiting and Feeding Prohibited.
18.26 Hunting Near a Residence Prohibited.
18.27 Hunting From a Moving, Motorized Land Vehicle Prohibited.
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18.01
HUNTING WILDLIFE IN CLOSED SEASON PROHIBITED.
It shall
03-06 be unlawful to take, attempt to take, or possess any species of wildlife, or portions thereof, other than during a season opened by the Commission and by utilizing the appropriate method or methods for that season.
EXCEPTIONS:
(1) In compliance with Commission Code 15.16 (Native Wildlife Pet Restrictions);
(2) In compliance with Commission Code 18.09 (Depredation Permit Requirement);
(3) In compliance with Commission Code Section 15.00 (Captive Wildlife/ Hunting Resorts);
(4) Carcasses of wildlife legally obtained or brought from outside the state and accompanied by verification (Ref. Code 19.06 Importation of Cervid Carcasses, Parts and Products);
(5) Nongame wildlife, excluding wildlife, migratory birds and endangered species, which pose reasonable threat or endangerment to persons or property.
(6) In compliance with Commission Code 39.01 (Permit/License Requirements for the Commercial Harvest and Sale of Aquatic
Turtles).
(7) In compliance with Commission Code 42.01 (Fish Farmer Permit Requirements).
(8)
Carcasses or pelts of furbearers legally taken in Arkansas may be possessed outside of the furbearer hunting and trapping seasons in compliance with Commission Code 10.10, Unlawful Possession of Pelts, and provided that otters are tagged in compliance with Commission Code 10.12, Bobcat and Otter Pelt Tagging Requirement.
PENALTY:
$500.00 to $2,000.00.
In addition, a jail sentence not to exceed 10 days may be imposed and hunting privileges may be suspended in accordance with Code 11.05, Revocation of Privileges. Equipment used in such violations (including but not limited to killing devices and lights) may be confiscated by the court, forfeited to the State, and disposed of according to law.
18.02
NIGHT HUNTING PROHIBITED.
It shall be unlawful to hunt or kill
04-07 any wildlife at night with or without the use of a light of any type.
EXCEPTIONS:
(1) The taking of bobcat, raccoon and opossum when treed by dogs at night during an open season for that species (Ref. Commission Codes 02.07 and 24.07).
(2) The taking of frogs by legal methods during open bullfrog season.
(3) The checking of legally set traps or snares and possessing .22 caliber rimfire firearms only.
(4) In compliance with Commission Code 18.09A.
(5)
In compliance with Commission Code 02.23 (Alligator Hunting Season) and 26.02 (Restrictions on Methods of Taking Alligator)
.
PENALTY:
$500.00 to $2,000.00.
In addition, a jail sentence of up to one year and/or suspension of hunting and fishing privileges may be imposed in accordance with Code 11.05, Revocation of Privileges. Night hunting resulting in any personal injury to another person will result in the maximum fine and jail sentence. Equipment used in such violations (including but not limited to killing devices and lights) may be confiscated by the court, forfeited to the State, and disposed of according to law.
18.02-A
USE OF ARTIFICIAL LIGHTS PROHIBITED.
It shall be unlawful to
04-07 shine any artificial light from any public road, street or highway or from within the boundaries of any wildlife management area.
EXCEPTIONS:
(1) Use by a law enforcement officer, Game and Fish personnel, emergency service worker or utility company employee in the performance of their duties;
(2) Use by a person or his employee to examine real or personal property or livestock on that person’s owned or rented property;
(3) Use by a person to assist in the repair or removal of a motor
vehicle or farm equipment.
(4) The taking of bullfrogs and furbearers during the established respective bullfrog and furbearer seasons.
This act shall not apply within the boundaries of a city of the first class or a city of the second class.
(5)
In compliance with Commission Code 02.23 (Alligator Hunting Season) and 26.02 (Restrictions on Methods of Taking Alligator)
.
PENALTY:
$100.00 to $1,000.00.
18.03
SELLING WILDLIFE RESTRICTIONS.
It shall be unlawful to purchase,
03-06 sell, offer for sale, barter or trade any species of wildlife or portions thereof.
EXCEPTIONS:
(1) Furbearer pelts and carcasses taken during a furbearer season may be sold by persons with valid hunting or furdealer licenses. Purchase of furbearer pelts and carcasses must be in compliance with Commission Code 10.13, Fur Dealer License Requirement.
(2) In compliance with Section 15.00 (Captive Wildlife/Hunting Resorts).
(3) In compliance with Commission Code 36.04 (License Requirements for Sale of Bullfrogs by Fish Farmers).
(4) In compliance with Commission Code 41.07 (Requirements for Selling Commercial Fish).
(5) In compliance with Commission Code 42.01 (Fish Farmer Permit Requirements).
(6) In compliance with Commission Code 39.01 (Permit/License Requirements for the Commercial Harvest and Sale of Aquatic Turtles).
(7) In compliance with Commission Code 37.02 (Minnow Dealers License Requirements).
(8) In compliance with Commission Code 38.01 (Mussel Shell Taker Buyer, and Seller License Requirements).
(9) In compliance with 31.07-A (Sale of Bait Prohibited).
(10) Squirrel tails, deer antlers, deer hides and feathers from non- migratory game birds legally taken.
(11) Legally acquired commercially raised wildlife from outside the state and accompanied by documentation verifying origin and in compliance with Section 15.00.
(12) Live coyote taken in Arkansas in compliance with Commission Codes 10.02, 10.06, 10.07, 10.08, 10.13, 10.14, 18.09 and 18.09A may only be sold by or purchased from those with Commission Wildlife Breeder/Dealer permits.
(13) Nonprofit organizations with a valid tax identification number may pay for the processing of deer and charitably donate processed deer to needy, qualified individuals.
PENALTY:
1st Offense $500.00 to $5,000.00. In addition, a jail sentence not to exceed one (1) year may be imposed.
Subsequent Offenses $2,000.00 to $10,000.00. In addition, a jail sentence not to exceed one (1) year may be imposed.
18.04
HUNTING FROM ROAD PROHIBITED.
It shall be unlawful to shoot
10-06 across, or to hunt within one hundred (100) feet from the center of any city, county, state, or federal maintained road. It shall also be unlawful to hunt from or shoot across the main west levee of the Mississippi/ Arkansas Rivers from the Louisiana-Arkansas state line to the intersection of State Highway 11 north of Grady, Lincoln County, Arkansas. In addition to other evidence introduced in a prima facie case of road hunting, there shall be a rebuttable presumption that a person is “hunting” if the person points, aims, shoots, or attempts to shoot a firearm or other killing device in a direction in which game or other wildlife is present or likely to be present (including shooting at a game or wildlife decoy).
EXCEPTIONS:
(1) Persons engaged in a lawful action to protect their livestock or property.
(2) Law enforcement officials while performing their official job duties.
(3) Commission employees taking wildlife in performance of their duties.
PENALTY:
$500.00 to $1,000.00.
18.05 TAKING WILDLIFE AT NIGHT FROM A BOAT PROHIBITED. It shall be unlawful to take or attempt to take or locate
12-07 any wildlife from a boat during the hours of darkness, or to transport any firearms in a boat at night
without said firearms being unloaded and cased.
EXCEPTIONS:
(1) Taking of frogs, fish or turtles by legal methods during the open season.
(2) In compliance with Commission Code 18.09 (Depredation Permit).
(3) In compliance with Commission Code 02.23 (Alligator Hunting Season) and 26.02 (Restrictions on
Method of Taking Alligator).
(4) Holders of a valid state-issued concealed handgun license recognized and honored by the State of Arkansas
in accordance with Arkansas Code Title 5, Chapter 73, Subchapter 3, may possess the handgun covered by the
license, except in places where otherwise prohibited under federal, state or local law or where disallowed by a
landowner in accordance with applicable law. Nothing in this exception is intended to supersede or limit the
regulations of any federal, state or local authorities that prohibit the possession of concealed handguns on their
property, including, but not limited to, the U.S. Army Corps of Engineers, the U.S. Forest Service, the U.S. Fish and
Wildlife Service, and the National Park Service.
PENALTY: $500.00 to $1,000.00.
18.06
TAKING WILDLIFE FROM AIRCRAFT PROHIBITED.
It shall be
04-05 unlawful to take, drive, herd, or harass wildlife by the aid of an aircraft.
PENALTY:
$500.00 to $2,000.00.
18.07
DEADFALLS, DRUGS, CHEMICALS, POISONS, EXPLOSIVES,
04-05 BOOBY TRAPSPROHIBITED FOR TAKING WILDLIFE. It shall be unlawful to take or attempt to take wildlife by the use of deadfalls, drugs, poisons, chemicals, explosives, or any device designed to take wildlife by the activation of a trip wire, electronic actions of a switch or other means that do not require the attendance of an individual to activate said device.
EXCEPTION:
(1) Rodenticides may be used to control mice and rats.
PENALTY:
$1,000.00 to $5,000.00.
18.08
TAKING WILDLIFE FLEEING FROM FIRE, FLOOD PROHIBITED.
07-80 It shall be unlawful to take or attempt to take wildlife fleeing from fire or flood.
PENALTY:
$100.00 to $1,000.00.
18.09
DEPREDATION PERMIT REQUIREMENT.
It shall be unlawful for any
04-07 person, including a propertyowner or designee, to take or attempt to take any game or furbearing animal committing damage to crops or personal property without obtaining a Depredation Permit and complying with the terms of said permit. Non-game wildlife, excluding migratory birds and endangered species, which pose reasonable threat or endangerment to persons or property, may be taken during daylight hours with firearms, or trapped, without a Depredation Permit.
EXCEPTION:
(1) Nuisance wildlife may be taken during any open season on the species committing damage and in accordance with applicable bag limits and legal methods.
(2) Property owners or their designees in incorporated towns or cities may use live traps for removal of nuisance wildlife provided such trapping is in compliance with ordinances or statutes established by those municipalities, and that captured nuisance wildlife be released alive and unharmed outside the municipalities’ boundaries within a period of twenty-four hours after capture.
(3) Nuisance beaver, muskrat, nutria, armadillo, coyote, and striped skunk may be taken year round using firearms during daylight hours only (in compliance with Commission Code 10.09, Exception 3) by landowners, lessees or their designees, in any number, on private property where damage is being committed, or may be trapped and destroyed, in compliance with Commission Code 10.02.
(4) In compliance with Commission Code 18.07, Exception 1.
(5) English sparrows, blackbirds, starlings and crows committing damage to agricultural crops or personal property may be taken in any number in compliance with Code 14.01, Exceptions 1, 2 and 3.
PENALTY:
$100.00 to $1,000.00.
18.09A DEPREDATION PERMIT GENERAL PROVISIONS.
The following
04-05 general requirements shall apply with respect to all Depredation Permits:
(A) Landowners or their designees with Depredation Permits may be approved to use any of the following methods for control of nuisance wildlife:
(1) Any trapping method legal for use in the fur-trapping season. Conibear or comparable body-gripping traps with jaw spreads of up to 10 inches may be used inside buildings. Cage-style live traps may be used. Traps set in the outdoors must be marked in accordance with Code 10.07.
(2) Firearms may be used at day or night if specifically approved by the Commission employee issuing the permit.
PENALTY: $100.00 to $1,000.00.
18.10
HUNTING PROHIBITED IN STATE AND NATIONAL PARKS.
It shall be
03-04 unlawful to take or attempt to take wildlife in any state or national park in Arkansas or to possess any killing device in said parks.
EXCEPTIONS:
(1) Buffalo National River.
(2) During specified hunting seasons and in designated hunting areas on Hobbs State Park-Conservation Area.
(3) Shooting ranges on Hobbs State Park-Conservation Area and Ozark Folk Center, in compliance with rules posted at each location.
PENALTY:
$100.00 to $1,000.00.
18.11
LOADED FIREARM IN RECREATION AREAS PROHIBITED.
It shall
07-80 be unlawful to possess loaded firearms on any U.S. Corps of Engineers recreation or public use area where prohibiting signs are posted. (Ref: Section 01.00-C Firearms, Loaded).
PENALTY:
$100.00 to $1,000.00.
18.12-AIMPORT OR EXPORT OF LIVE RACCOONS
. It shall be unlawful to
03-96 import from or export to any state or principality live raccoons without prior approval of the Commission.
PENALTY: $100.00 to $1,000.00.
18.14
TAKING OF ALLIGATOR PROHIBITED. It shall be unlawful to take,
04-07 attempt to take, buy, sell or possess an American alligator (Alligator mississippiensis) or other crocodilian species, or any part, nest or eggs thereof.
EXCEPTIONS:
(1) In compliance with Commission Code Section 40.00, Alligator Farmer/Dealer Regulations;
(2) Any alligator or other crocodilian species seized or otherwise acquired by the Commission may be sold;
(3) Any lawfully acquired, cured and mounted trophies and articles manufactured from the skins or hides or other parts of any alligator or other crocodilian species.
(4) An alligator may be possessed for display and educational purposes pursuant to written permit issued by the Commission Chief of Wildlife Management.
(5) Arkansas Game and Fish Commission (AGFC) personnel, or other personnel authorized by the Commission, engaged in the removal of “nuisance” alligators in compliance with the current AGFC Nuisance Alligator Procedure.
(6) In compliance with Commission Code 02.23 (Alligator Hunting Season) and 26.02 (Restrictions on Methods of Taking Alligator).
PENALTY:
$500.00 to $2,000.00, and suspension of hunting and fishing privileges may be imposed in accordance with Code 11.05, Revocation of Privileges. Equipment used in such violations (including but not limited to killing devices and lights) may be confiscated by the court, forfeited to the State, and disposed of according to law.
18.18
WATERFOWL HUNTING RESTRICTIONS ON LAKES CATHERINE,
08-07 HAMILTON AND HARRIS BRAKE. It shall be unlawful to take or attempt to take any migratory waterfowl from any watercraft or other floating device on Lake Catherine in Garland/Hot Spring Counties, Lake Hamilton in Garland County, and Harris Brake Lake in Perry County or to take or attempt to take any migratory waterfowl within 1000 feet of any residence, dwelling or occupied structure on Lake Catherine or Lake Hamilton.
EXCEPTION:
(1)
Harris Brake Lake from September 1-15, 2007 (Ref. Code 25.02, Hunting or Trespassing Prohibited within Certain WMAs and Lakes)
.
PENALTY:
$100.00 to $1,000.00.
18.19
WEAPON RESTRICTIONS ON BEAVER RESERVOIR ISLANDS.
07-80 It shall be unlawful to possess or use any killing device other than shotguns and archery tackle while hunting any type of wildlife on all islands in Beaver Reservoir in Benton, Carroll and Washington Counties.
PENALTY:
$100.00 to $1,000.00.
18.20
TAKING OF RAPTORS PROHIBITED. It shall be unlawful to take,
04-05 attempt to take, or possess raptors or any parts thereof at any time.
EXCEPTIONS:
(1) In compliance with Commission Code 14.03 (Falconry)
(2) In accordance with federal regulation: 50 CFR 21.12 (b).
PENALTY
: $500.00 to $2,000.00. Suspension of hunting privileges in
accordance with Code 11.05, Revocation of Privileges.
18.21
HUNTING RESTRICTED DURING FLOODING WITHIN FLOOD
06-05 PRONE REGIONS. It shall be unlawful to take or attempt to take deer within the Flood Prone Regions in compliance with Code 05.06.
PENALTY: $500.00 to $1,000.00.
18.22
PROHIBITED METHODS FOR TAKING WILDLIFE. It shall be
03-07 unlawful to take or attempt to take any wildlife by the use of computer-assisted hunting or to take, locate or attempt to locate any wildlife with the use of radio tracking electronic equipment.
EXCEPTION:
(1) Use of radio tracking electronic equipment permitted for Commission personnel or personnel working under contract with the Commission for research and survey work.
(2)
Use of radio tracking electronic equipment permitted for the purpose of retrieving hunting dogs
.
PENALTY: $500.00 to $2,000.00.
18.25
ALLIGATOR BAITING AND FEEDING PROHIBITED. It shall be
04-00 unlawful at any time to place, entice or deposit foodstuffs, scent lures or other materials for the purpose of luring, attracting or enticing alligators for any reason.
EXCEPTIONS:
(1) Those persons feeding alligators maintained in protected captivity for educational, scientific, commercial or recreational purposes.
(2) Arkansas Game and Fish Commission personnel, or otherwise authorized by the Commission, when relocating alligators by baiting or feeding.
(3) For the purpose of this code, the term “maintained in protected captivity” means held in captivity under a permit issued by the Arkansas Game and Fish Commission.
PENALTY: $100.00 to $1,000.00
18.26 HUNTING NEAR A RESIDENCE PROHIBITED.
It shall be unlawful
06-02/04-03
to hunt or take wildlife with a killing device at any time within 150
yards of a residence or building devoted to human occupancy
without first obtaining written permission from the owner or
occupant.
EXCEPTIONS:
(1) Hunting with archery tackle only – 50 yard restriction is applicable.
(2) Persons engaged in lawful action for personal safety or to protect their livestock or property.
(3) Law enforcement officers and Commission employees in performance of their official job duties.
(4) Hunting on any wildlife management area or wildlife demonstration area.
(5) Private landowners and their family on their own property.
PENALTY:
$100.00 to $1,000.00
18.27 HUNTING FROM A MOVING, MOTORIZED LAND VEHICLE PROHIBITED.
04-05
It shall be unlawful to hunt or take, attempt to hunt or take, drive or harass any species of wildlife from a moving, motorized land vehicle.
EXCEPTION:
(1) Law enforcement officers and Commission employees in performance of their official job duties.
PENALTY:
$250.00 to $1,000.00