Full Title Name:  West's Arkansas Administrative Code. Title 002. Game and Fish Commission. Division 00. Rule 1. Hunting and Fishing. Chapter 09.00. Captive Wildlife/Hunting Resort Regulations

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Country of Origin:  United States Citation:  Ark. Admin. Code 002.00.1-09.01 to 16 Agency Origin:  Game and Fish Commission Last Checked:  April, 2020 Last Date Amended:  2014
Summary: These Arkansas regulations provide the rules for possession of captive wildlife. It is unlawful to possess, hold captive, confine or enclose any live wildlife, whether native or non-native, migratory or imported, unless otherwise specified in the chapter. Exceptions include members of American Zoo and Aquarium Association, bona fide scientific research that significantly benefits wildlife (with a permit), USDA licensed AWA exhibitors, and others. The regulations also state that "[i]t is unlawful to keep non-native wildlife under inhumane or unhealthy conditions." The release and hunting of captive wildlife is also prohibited, subject to certain exceptions.

002.00.1-09.01 . Possession of Certain Wildlife in Captivity Prohibited

002.00.1-09.02 . Possession of Non-Native Wildlife in Captivity Restricted

002.00.1-09.03 . Release of Wildlife Prohibited

002.00.1-09.04 . Hunting of Captive Wildlife Prohibited

002.00.1-09.05 . Commercial Wildlife Hunting Resort Permit Required

002.00.1-09.06 . Game Bird Shooting Resort Permit Required

002.00.1-09.07 . Wildlife Breeder/Dealer Permit Required

002.00.1-09.08 . Special Commercial Quail Permit and Stamp Required

002.00.1-09.09 . Scientific Collection Permit Required

002.00.1-09.10 . Wildlife Importation Permit Required

002.00.1-09.11 . Importation of Certain Living Wildlife Prohibited

002.00.1-09.12 . Wildlife Rehabilitation Permit Required

002.00.1-09.13 . Mountain Lion Permit Required

002.00.1-09.14 . Native Wildlife Pets Restricted

002.00.1-09.15 . Falconry Permit Required

002.00.1-09.16 . Live Fox and Coyote Permit Required


 

002.00.1-09.01. Possession of Certain Wildlife in Captivity Prohibited

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

EXCEPTIONS:

(1) Accredited members of the Association of Zoos and Aquariums

(2) Persons possessing and holding captive wildlife in compliance with Chapter 09.00.

(3) Persons possessing and holding captive fish, bullfrogs, mussels, aquatic turtles, alligators and other aquatic wildlife in compliance with Chapters 29.00; 30.00; 31.00; 32.00; 33.00; 34.00; 35.00 and Addendum J1.01

(4) Persons may be permitted to possess and hold captive on a temporary basis captive-reared mallards, pen-raised quail, coyote, fox, squirrel or raccoon for the sole purpose of dog training or conducting field trials sanctioned by the American Kennel Club, National Field Retriever Association, North American Hunting Retriever Association, Hunting Retrievers Club, United Kennel Club, Professional Kennel Club, or American Coon Hunters Association upon requesting and receiving a Shoot-to-Kill Retrieving Dog Training Permit (for captive-reared mallards) and/or written approval from the Chief of Wildlife Management.

(5) Persons determined by the Commission to be involved in bona fide scientific research, education or conservation efforts of significant benefit to wildlife or wildlife habitat, in 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.

(6) Persons with a valid U.S. Department of Agriculture Wildlife Exhibition Permit may possess and hold captive wildlife allowed by that permit. Holders of this permit are not exempt from subsequent regulations in Chapter 09.00.

(7) Persons with a valid U.S. Fish and Wildlife Service migratory bird permit may possess migratory birds in compliance with the terms of that permit. Holders of this permit are not exempt from subsequent regulations in Chapter 09.00. Holders of a valid U.S. Fish and Wildlife Service Raptor Propagation Permit are not required to obtain a Commission Wildlife Breeder/Dealer Permit to propagate or distribute raptors.

(8) Persons may possess species listed in Addendum R1.01.

(9) Persons may possess terrestrial invertebrate species not otherwise prohibited by this Code or by federal or state regulations.

PENALTY: Class 2

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

(2) Upon conviction, 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 compliance 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 also shall be liable for the costs of destruction and/or disposal of the illegal wildlife, as deemed necessary by the Commission for the protection of native wildlife.

Credits

Eff. Mar. 2009. Amended Sept. 15, 2011; June 1, 2012; May 27, 2015; July 24, 2015; Aug. 2, 2015; March 9, 2019.


002.00.1-09.02. Possession of Non-Native Wildlife in Captivity Restricted

(A) It is unlawful to possess captive non-native wildlife not excepted under Code 09.01 or Addendum R1.01, unless the possessor can produce written documentation that such wildlife was legally obtained and has been certified by an accredited veterinarian to be free of diseases and parasites that may pose an adverse risk to native wildlife.

(B) It is unlawful for any person to possess mountain lions (Puma concolor) except in compliance with Codes 09.07; 09.13.

(C) It is unlawful to possess tigers, African lions and all species of bears not in compliance with Ark. Code Ann. §§ 20-19-501-511 or Code 09.07.

(D) It is unlawful to keep non-native wildlife under inhumane or unhealthy conditions.

(E) All non-native 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.

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

(G) 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. Owners shall provide these records to the Commission upon demand.

(H) It is unlawful for any person to possess a primate except in compliance with Ark. Code Ann. §§ 20-19-601 through 20-19-610.

(I) Medically significant venomous reptiles must be kept in accordance with a Venomous Reptile Possession Permit (Code 09.17).

PENALTY: Class 2

(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 also shall be liable for the costs of destruction and/or disposal of the illegally possessed wildlife, as deemed necessary by the Commission for the protection of native wildlife.

Credits

Adopted Sept. 15, 2011. Amended June 1, 2012; May 24, 2013; Nov. 9, 2013; March 9, 2019.

 

002.00.1-09.03. Release of Wildlife Prohibited

It is unlawful to release wildlife into the wild without prior written approval from the Commission. To protect the health and safety of the public and the wildlife resources, the Commission and its designees are authorized to recapture or dispatch any wildlife, whether kept legally or illegally, that escapes from or is illegally released from captivity.

EXCEPTIONS:

(1) Captive-raised quail, pheasant, chukar and mallards may be released in compliance with a Game Bird Shooting Resort Permit.

(2) Native wildlife, other than mountain lions, may be released in compliance with a Commission Wildlife Rehabilitation Permit or a U.S. Fish and Wildlife Rehabilitation Permit.

(3) Persons may be permitted on a temporary basis to possess, hold captive and release raccoon, fox, coyote, captive-reared mallards, pen-raised quail, chukar or pheasant for the purposes of training dogs or conducting field trials sanctioned by the American Kennel Club, National Field Retriever Association, North American Hunting Retriever Association, Hunting Retrievers Club, United Kennel Club or American Coon Hunters Association upon requesting a Shoot-To-Kill Retrieving Dog Training Permit and/or (for captive-reared mallards) and/or receiving written approval from the Chief of Wildlife Management.

(4) In compliance with (Code 09.15).

PENALTY: Class 3

(1) Any person convicted of violating this regulation shall be liable for the costs accrued by the Commission in the recapture, including all man-hours of Commission personnel, 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 deemed necessary by the Commission for the protection of native wildlife.

Credits

Eff. Apr. 2005. Amended Sept. 15, 2011; June 1, 2012; June 4, 2016.

 

002.00.1-09.04. Hunting of Captive Wildlife Prohibited

It is unlawful to hunt any wildlife held captive, enclosed or confined. It also is unlawful for any person to introduce or place any wildlife into any environment in which it is held captive, enclosed or confined for the purpose of hunting such wildlife.

EXCEPTIONS:

(1) In compliance with Codes 05.10; 08.05; 09.05; 09.06; 09.11.

(2) Commission-approved facilities containing only red fox, gray fox and coyote (fox pens).

(3) 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 compliance with all statewide hunting regulations, including bag limits and license requirements.

PENALTY: Class 3

Eff. Dec. 2007. Amended May 8, 2011; Sept. 15, 2011; June 1, 2012.

 


002.00.1-09.05. Commercial Wildlife Hunting Resort Permit Required

It is unlawful to operate or maintain a commercial wildlife hunting resort without first obtaining a valid Commercial Wildlife Hunting Resort Permit from the Commission. Commercial Wildlife Hunting Resort Permits for new facilities for the hunting of any member of the Family Cervidae shall not be issued after June 30, 2006 (Addendum F1.01). For the purposes of this regulation, “new facility” means a facility that did not exist or was not initially permitted prior to July 1, 2006, or that has not been continuously permitted and operated since that date. No existing permit can be transferred to another person, firm or corporation rearing, breeding, propagating, producing or distributing any member of the Cervidae family.

EXCEPTION:

A Commercial Wildlife Hunting Resort Permit is not required for pens in which only red fox, gray fox or 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: Class 3

Eff. July 1980. Amended Sept. 15, 2011; June 1, 2012.

 


002.00.1-09.06. Game Bird Shooting Resort Permit Required

It is unlawful to operate or maintain a game bird shooting resort without first obtaining a valid Game Bird Shooting Resort Permit from the Commission (Addendum F1.02).

PENALTY: Class 3

(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 also shall be liable for the costs of destruction and/or disposal of the illegal wildlife, as deemed necessary by the Commission for the protection of native wildlife.

Adopted Sept. 15, 2011.

 


002.00.1-09.07. Wildlife Breeder/Dealer Permit Required

It is unlawful to rear, breed, propagate, produce, distribute, sell or offer for sale any wildlife in Arkansas without first obtaining a valid Wildlife Breeder/Dealer Permit from the Commission (Addendum F1.03).

EXCEPTIONS:

(1) Fish, bullfrogs, mussels, aquatic turtles and alligators in compliance with Code 09.06 and Chapters 29.00; 30.00; 31.00; 32.00; 33.00; 34.00; 35.00.

(2) Red fox, gray fox and coyote legally trapped in Arkansas may be sold by persons with a valid hunting license and trapping permit.

(3) Accredited members of the Association of Zoos and Aquariums

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

(5) Holders of Game Bird Shooting Resort Permits do not need a Wildlife Breeder/Dealer Permit unless they are actively engaged in rearing, breeding, propagating, producing, distributing, selling or offering for sale, game birds or other wildlife.

(6) No Wildlife Breeder/Dealer Permit is necessary for wildlife listed in Addendum R1.01. No permit will be issued for wildlife listed in Addendum R1.03. An application for a permit for an unlisted species will be denied if an evaluation by Commission determines that the species poses a significant risk to human health and safety, native fish and wildlife health or populations, or agriculture, or cannot be safely confined in a humane manner.

(7) In compliance with Code 09.15.

(8) Terrestrial invertebrate species not otherwise prohibited by this Code or by federal or state regulations

(9) Arkansas residents may sell or transfer up to twenty (20) individual wildlife specimens listed in Addendum R1.02 (Permitted Captive Wildlife Species List) per calendar year that were acquired from a permitted Wildlife Breeder/Dealer or imported with a valid Wildlife Importation Permit provided each sale or transfer is registered with the Commission. Registered wildlife may be subsequently sold or transferred in accordance with the preceding sentence.

PENALTY: Class 3

(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 deemed necessary by the Commission for the protection of native wildlife.

Credits

Eff. Mar. 2006. Amended Sept. 15, 2011; June 1, 2012; July 24, 2015; Aug. 2, 2015; Feb. 7, 2019; March 9, 2019.

 


002.00.1-09.08. Special Commercial Quail Permit and Stamp Required - AR ADC 002.00.1-09.08 [repealed] - 2017 AR REG TEXT 455347 (NS)

Former Text:

(A) It is unlawful to engage in the business of selling or offering for sale the dressed carcasses of pen-raised quail without first obtaining a valid Special Commercial Quail Permit and Stamp, and a valid Wildlife Breeder/Dealer Permit from the Commission.

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

(1) Pen-raised quail shall be harvested by means other than shooting.

(2) Packages containing dressed pen-raised quail carcasses offered for sale shall bear the permit number and said number shall be applied with the special stamp purchased with permit.

PENALTY: Class 3

For non-compliance with the terms of this permit the Commission 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.

Eff. June 2005. Amended Sept. 15, 2011.

 


002.00.1-09.09. Scientific Collection Permit Required

It is unlawful to take wildlife for scientific study without possessing a valid Commission-issued Scientific Collection Permit in compliance with the permit requirements in Addendum F1.09 and in accordance with state and federal regulations.

PENALTY: Class 3

Credits

Adopted Sept. 15, 2011. Amended March 9, 2019.

 

002.00.1-09.10. Wildlife Importation Permit Required

(A) It is unlawful to import live wildlife into Arkansas without a valid Wildlife Importation Permit issued by the Commission. This permit shall be required regardless of the final destination of the wildlife, whether in Arkansas or points beyond. It also is unlawful for any person to receive, acquire, purchase or possess any wildlife imported into Arkansas in violation of this regulation.

(B) It is unlawful for the holder of a Wildlife Importation Permit to cause or permit any wild animal or bird to be imported into Arkansas under inhumane or unhealthy conditions (Addendum F1.04).

EXCEPTIONS:

(1) Aquatic wildlife other than those species prohibited by Code 26.13. Imports for aquaculture must comply with Code 35.09. Refer to the Approved Aquaculture Species List in Addendum J1.01. Aquatic wildlife may not be released, Code 26.12.

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

(3) Accredited members of the Association of Zoos and Aquariums

(4) A Wildlife Importation Permit is not required for a nonresident 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 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 a valid Arkansas falconry permit to import legally possessed raptors into Arkansas, provided 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 U.S. 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 Wildlife Management.

(7) No Wildlife Importation Permit is necessary for wildlife listed in . Addendum R1.01. No Wildlife Importation Permit will be issued for wildlife listed in Addendum R1.03 except in compliance with Code 09.11 Exceptions. An application for a permit for an unlisted species will be denied if an evaluation by Commission staff determines the species poses a significant risk to human health and safety, native fish and wildlife health or populations, or agriculture, or cannot be safely confined in a humane manner.

(8) Terrestrial invertebrate species not otherwise prohibited by Commission Code or by Federal or state regulations

(9) A Wildlife Importation Permit is not required for a resident to return legally owned wildlife originating in Arkansas that has been out of the state for less than 30 days.

PENALTY: Class 3

(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 (Code 01.00D).

(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 also shall be liable for the costs of destruction and/or disposal of the illegally imported wildlife, as deemed necessary by the Commission for the protection of native wildlife.

Credits

Adopted Sept. 15, 2011. Amended Sept. 20, 2012; July 24, 2015; Aug. 2, 2015; Feb. 7, 2019; March 9, 2019.

 

002.00.1-09.11. Importation of Certain Living Wildlife Prohibited

It is unlawful to import, ship, transport, or carry into Arkansas by any means, or to cause to be imported, receive, or to assist in any manner in the importation of any species listed in Addendum R1.03.

EXCEPTIONS:

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

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

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

(4) Mallards may be imported by a representative of a group designated in Code 09.03, Exception 3, for use in an official field trial in compliance with a current Wildlife Importation Permit provided that ducks are identified as captive reared by one of the following methods 1) banding of one metatarsus with a seamless metal band; 2) removal of the hind toe from the right foot; 3) pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight; 4) a readily discernible tattoo of numbers and/or letters on the web of one foot. The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and such documentation shall be submitted to the Commission in compliance with reporting requirements in Code 09.10.

(5) Mallards may be imported by the holder of a Shoot-To-Kill Retrieving Dog Training Permit in compliance with a current Wildlife Importation Permit provided that ducks are identified as captive reared by one of the following methods 1) banding of one metatarsus with a seamless metal band; 2) removal of the hind toe from the right foot; 3) pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight; 4) a readily discernible tattoo of numbers and/or letters on the web of one foot. The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and such documentation shall be submitted to the Commission in compliance with reporting requirements in Code 09.10.

(6) Available.

(7) These species, excluding cervids, may be moved through the state of Arkansas with a Wildlife Importation Permit provided that it is done in accordance with a property issued U.S. Department of Agriculture VS-127 Restricted Movement Document and that the container the animals are in is sealed in the originating state and that seal remains unbroken while in the state of Arkansas.

(8) Individuals must provide prior notification to the Wildlife Management Division before any live cervid can be moved through the state of Arkansas.

(9) Apes, baboons, and macaques may be imported, shipped, or transported only in accordance with a current Commission Wildlife Importation Permit or special permit issued by the Chief of Wildlife Management, and in accordance with Ark. Code Ann. §§ 20-19-601 through 20-19-610.

(10) Accredited members of the Association of Zoos and Aquariums

PENALTY: Class 3

(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 (Code 01.00D).

(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 as deemed necessary by the Commission for the protection of native wildlife.

Credits

Adopted Sept. 15, 2011. Amended June 1, 2012; May 24, 2013; Nov. 9, 2013; June 4, 2016; March 9, 2019.

 

002.00.1-09.12. Wildlife Rehabilitation Permit Required

It is unlawful to take or possess from the wild any sick, injured, orphaned, or impaired native wildlife, except migratory birds, for the purpose of rehabilitation without obtaining and complying with the terms of a valid Wildlife Rehabilitation Permit issued by the Commission. A Commission Wildlife Rehabilitation Permit is not required to keep migratory birds for rehabilitation purposes, but a valid Migratory Bird Rehabilitation Permit from the U.S. Fish and Wildlife Service is required (Addendum F1.05).

EXCEPTION: Licensed veterinarians are not required to obtain a Wildlife Rehabilitation Permit to temporarily possess, stabilize, or euthanize sick or injured wildlife with the exception of deer and elk. However, a veterinarian without a Wildlife Rehabilitation Permit must transfer any such animal to a permitted wildlife rehabilitator within 72 hours after the animal's condition is stabilized, unless the animal is euthanized. Licensed veterinarians may temporarily possess, provide medical care or euthanize wildlife that has been brought to them by a permitted wildlife rehabilitator provided that animals are returned to the permitted wildlife rehabilitator prior to release.

PENALTY: Class 1

Credits

Adopted Sept. 15, 2011. Amended June 1, 2012; June 21, 2018.

 

002.00.1-09.13. Mountain Lion Permit Required

It is unlawful to possess a live mountain lion (Puma concolor) without first obtaining a valid Mountain Lion Permit or a Wildlife Breeder/Dealer Permit from the Commission. A Mountain Lion Permit will be issued only to a person to whom the Commission had issued a Wildlife Breeder/Dealer Permit for a mountain lion before Sept. 30, 2007 (Addendum F1.06).

EXCEPTION:

Accredited members of the American Zoo and Aquarium Association.

PENALTY: Class 3

(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. (Code 01.00D).

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

(3) A person convicted of violating this regulation shall be liable for the costs of 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 deemed necessary by the Commission for the protection of native wildlife.

Adopted Sept. 15, 2011. Amended June 1, 2012.

 

002.00.1-09.14. Native Wildlife Pets Restricted

It is unlawful to possess native wildlife as pets except as follows:

(A) Native wildlife captured from the wild in Arkansas may be possessed as personal pets in compliance with the following restrictions:

(1) No more than six (6) per household of any combination of the following animals may be possessed as pets:

(a) Hand-captured bobcat, coyote, gray fox, red fox, opossum, rabbit, raccoon and squirrel; and

(b) Deer that were captured by hand prior to July 1, 2012 may be retained until their death.

(c) Hand-captured native non-game wildlife other than birds, bats, alligator snapping turtles, ornate box turtles, hellbenders, Ouachita streambed salamanders, collared lizards, troglodytic species (cave dwellers), or those animals defined as endangered species.

(2) It is unlawful for any person to remove such wildlife or their offspring from Arkansas except under the terms of a permit that may be issued by the Chief of Wildlife Management to persons who are moving to another state and have presented proof from that state that it is legal to import the wildlife.

(3) The sale or transfer of ownership of such wildlife or their offspring is prohibited except as provided in (A)(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 that complies with the following requirements:

(a) Enclosures shall have a perimeter fence that is not less than eight 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 200 square feet for the first cervid and shall be increased in size 150 square feet for each additional cervid.

(6) Males and females of the same species 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 permitted by the Commission (Code 09.12) 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: No more than six (6) per household of any commercially obtained, captive born native wildlife not listed in Addendum R1.01 may be possessed as personal pets in compliance with the following restrictions:

(1) 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.

(2) 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. Owners shall provide these records to the Commission upon demand.

(3) Commercially obtained, captive born wildlife pets or their offspring shall only be sold in compliance with Code 09.07.

(4) Males and females of the same species 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.

(5) 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.

(6) Owners must immediately test all deer and elk that die in captivity for CWD and forward copies of test results to the Commission within seven days of receipt.

(7) All cervids kept in compliance with (B) of this regulation shall be confined within an enclosure that complies 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 200 square feet for the first cervid and shall be increased in size 150 square feet for each additional cervid.

(8) 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.

(C) It is unlawful for anyone to keep a native wildlife pet under inhumane or unhealthy conditions.

(D) Beginning July 1, 2020, medically significant venomous reptiles allowed under this Code must be kept in accordance with Addendum F1.08, Sections C and F.

EXCEPTION:

(1) Aquatic pets taken in compliance with Code 26.26.

(2) Holders of a Conservation Education Permit may possess more than six native wildlife hand captured from the wild in Arkansas in compliance with Code 09.18.

PENALTY: Class 1

Credits

Adopted Sept. 15, 2011. Amended June 1, 2012; Sept. 26, 2014; Sept. 6, 2015; March 9, 2019.

 

002.00.1-09.15. Falconry Permit Required

It is unlawful for any person to possess, take or transport raptors, or to use raptors to take game animals or game birds, without possessing a valid Falconry Permit issued by the Commission and a valid Arkansas hunting license (Addendum F1.07).

EXCEPTION:

(1) A nonresident falconer with a valid Non-Resident Arkansas Hunting License and a valid falconry permit from another state may use raptors to take wildlife during open seasons. A properly permitted nonresident falconer may, without additional permit, use raptors to take wildlife in any regional or national falconry field trial that has been authorized by letter from the director of the Commission.

(2) Persons in possession of a valid USFWS Special Purpose Permit as listed in 50 CFR 21.27.

PENALTY: Class 1

Credits

Adopted Sept. 15, 2011. Amended May 24, 2013; June 21, 2018.

 

002.00.1-09.16. Live Fox and Coyote Permit Required

It is unlawful to sell or offer for sale live gray fox, red fox or coyote captured from the wild in Arkansas without first obtaining a Live Fox and Coyote Permit from the Commission.

PENALTY: Class 3

Adopted Sept. 15, 2011. Amended June 1, 2012.

 

 

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