34.01 Aquatic Turtle Permit Requirements A. It is unlawful for a nonresident to harvest any aquatic turtles.B. It is unlawful for a resident/business to: 1) import for commercial propagation or sale of aquatic turtle species native to the state; or2) operate tackle, harvest, propagate, purchase or sell any wild-caught aquatic turtles for commercial purposes without the following permits: 1. An Aquatic Turtle Harvest Permit and a Resident Fisheries Conservation License are required to harvest and sell wild aquatic turtles.2. An Aquatic Turtle Harvest Helper Permit is required to assist in the harvest or to operate the properly tagged tackle of a licensed aquatic turtle harvester. Helpers must possess a Resident Fisheries Conservation License.3. An Aquatic Turtle Farmer/Dealer Permit (see Addendum J1.02 for Approved Species for Commercial Culture of Aquatic Turtles) is required to engage in the: 1) importation of aquatic turtle species native to the state for commercial propagation or sale; or2) the harvest, propagation, purchase, sale or export of wild-caught or propagated aquatic turtles. A Wildlife Importation Permit (Code 09.10) is required for the importation of aquatic turtle species native to the state for commercial propagation or sale.4. An Alligator Snapping Turtle Breeder/Dealer Permit is required to possess, buy, sell or offer to sell alligator snapping turtles or their eggs. Alligator snapping turtles longer than 5 inches curved carapace length may not be sold, bartered, traded, or transferred without written approval of the Commission. An affidavit form provided by the Commission specifying the transaction type (transfer or sale), party type (individual or business), and number of turtles, shall be submitted to the Commission.5. All sales of wild-caught aquatic turtles must comply with the transaction and reporting requirements of Code 34.07.6. A Wildlife Importation Permit (Code 09.10) is required for the importation of aquatic turtle species native to the state for commercial propagation or sale. EXCEPTIONS:
A. Fish farmer permittees may depredate or relocate aquatic turtles impacting commercial aquaculture production without a permit. The harvest and sale of aquatic turtles from aquaculture facilities requires the possession of a valid Aquatic Turtle Harvest Permit.B. Fish markets selling only dressed turtles for human consumption in Arkansas are not required to have an Aquatic Turtle Dealer Permit.C. Non-resident Fisheries Conservation License holders may take aquatic turtles in compliance with Code 34.12.PENALTY: Class 3
34.02Qualification for certion Aquatic Turtle PermitThe following conditions shall be met to qualify for and maintain an Aquatic Turtle Farmer/Dealer Permit or Alligator Snapping Turtle Breeder/Dealer Permit:
A. An Aquatic Turtle Farmer/Dealer Permit is required if turtles are held in captivity (e.g. in ponds, impoundments, tanks, etc.) for any length of time.B. A site plan must be provided with the permit application, including legal and physical descriptions of all facilities, and a sketch map showing the location and approximate size of all facilities (ponds, impoundments, tanks, etc.) used to hold or propagate aquatic turtles.C. All sites shall be inspected and approved by Commission personnel prior to issuance of a permit.D. All facilities (ponds, impoundments, tanks, etc.) used to hold or propagate aquatic turtles shall be fenced and maintained in such a manner as to prevent the egress of captive turtles and ingress of wild stock (see Addendum J1.02 for Approved Species for Commercial Culture of Aquatic Turtles).E. Facilities shall be subject to random inspection by Commission personnel.PENALTY: Class 3
34.03Nonresident Aquatic Turtles Dealears ProhibitedIt is unlawful for a nonresident to purchase, sell, or offer to purchase or sell aquatic turtles in Arkansas.
EXCEPTION: A nonresident may purchase aquatic turtles from a holder of an Aquatic Turtle Harvest Permit (THP) or Aquatic Turtle Farmer/Dealer Permit (TDR) if the turtles are being shipped directly out of Arkansas to the buyer, or if the seller is transporting a purchase out of Arkansas.
PENALTY: Class 3
34.04Commercial AquaticTurtle Harvest ConditionA. It is unlawful to take or attempt to take aquatic turtle eggs from the wild.B. It is unlawful to take or attempt to take aquatic turtles for commercial purposes by any means other than hoop nets or box type (basking) turtle traps.C. It is unlawful to possess commercial aquatic turtle harvest gear in closed waters. Commercial aquatic turtle harvest is closed in all waters other thanin the following counties and/or bodies of water, which are open except as specified in Exception A:1. Counties: iii. Chicot (Exception A),vi. Crittenden (Exception A),xi. Indepedence (Exception A),xiv. Lawrence (Exception A),xxiv. Randolph (Exception A),xxvii. Woodruff counties.2. Bodies of water: i. Arkansas River, from its mouth to the Arkansas/Oklahoma state line.ii. Arkansas waters between the main levees of the Mississippi River.D. When a river or stream forms the boundary between opened and closed areas, that boundary segment shall be closed to commercial aquatic turtle harvest.EXCEPTIONS:
A. The following waters are closed to commercial aquatic turtle harvest:1. Bayou Meto Bayou in compliance with Code 38.01,2. All waters owned by Arkansas Game and Fish Commission, U.S. Forest Service, Arkansas State Parks, or Arkansas Natural Heritage Commission,3. Horseshoe Lake (Crittenden County),4. Lake Wallace (Drew and Chicot counties),5. Upper and Lower Lake Chicot (Connerly Bayou to Ditch Bayou Dam inclusive) (Chicot County),6. St. Francis River (Clay and Greene counties),7. Eleven Point River (Randolph County),8. Spring River (Lawrence and Randolph counties),9. Strawberry River (Lawrence County),10. White River above Dam 1 at Batesville (Independence County), and11. Property-owner association and municipally-owned lakes, except with written approval from owner.12. Those portions of Lake Dardanelle: north of the Union Pacific Railroad in Franklin, Johnson, and Pope counties; Dardanelle Bay in Yell County; Delaware Bay south of Arkansas Highway 22; and south of signs posted on Shoal Bay, Cane Creek Bay, and Six Mile Creek at O'Kane Island access in Logan County.B. Private landownersin closed countiescan obtain from the Commissiona Private Land Commercial Aquatic Turtle Permit. This permit allows the harvest of Common Snapping Turtles (Chelydra serpentina), Redear Sliders (Trachemys scripta), and Spiny Softshells (Apalone spinifera) for commercial purposes on private property under the following conditions: 1. Only from manmade lakes and ponds,2. Only by a licensed commercial aquatic turtle harvest permittee,3. Only with legal commercial turtle harvest gear as defined above, and4. All harvested turtles shall be reported on aquatic turtle harvest report forms as specified in Code 34.07.PENALTY: Class 2; Second offense shall result in the revocation of the permit.
34.05Aquatic Turtle Tackle RestrictionsIt is unlawful to take or attempt to take aquatic turtles other than as specified below:
A. Hoop nets with ramp netting attached to the first hoop and throat opening restricted by parallel lines attached to the second hoop. Maximum throat opening 1 inch by 3 feet (where throat lines attach to hoop). Minimum mesh size 11/2 inches square bar mesh. Wings or leads may not be used. Nets to be set with throat horizontal and in such a manner that a portion of the enclosure remains above water surface at all times.B. Box type traps (basking traps) with an open top that is above the water surface. All other trap surfaces must be fully closed and incapable of taking fish. Box type turtle traps may not exceed 4x4x4 feet in dimension.C. Turtle trappers must check and remove catch from all hoop nets at least once during each 24-hour period and from all box traps at least once every 72 hours.EXCEPTIONS:
A. Legal commercial fishing hoop nets (fingered throats) when appropriately tagged and commercially fished in waters open to their use.B. Fish farmers when removing aquatic turtles from their permitted facilities.C. Private pond owners when removing aquatic turtles from their ponds for non-commercial purposes.PENALTY: Class 2
34.06Aquatic Turtle Tackle TaggingIt is unlawful to fail to attach the proper tag to each turtle trap net or box type trap as specified below:
A. Turtle net tags must be attached to the first hoop at the opening of the net.B. Box-type trap tags must be attached to the side of the trap and be visible above the waterline.EXCEPTIONS:
A. Fish farmers when removing aquatic turtles from their permitted facilities.B. Private pond owners when removing aquatic turtles from their ponds for non-commercial purposes.PENALTY: Class 1
34.07Aquatic Turtle Transaction And Reporting requirementsA. It is unlawful for aquatic turtle harvest permittees to fail to report commercial harvest or lack thereof by the 15th of each month, either electronically or on forms supplied by the Commission. A copy of this form shall be retained by the permittee for a period of 12 months and made available for inspection by any agent of the Commission.B. Aquatic turtle harvester, aquatic turtle farmer/dealer, and alligator snapping turtle breeder/dealer permittees must comply with the following: 1. An invoice, bill of sale, or true bill of lading must accompany all turtle sales shipped or transported in intrastate or interstate commerce to the final destination and must contain the following information:i. Name, address, and telephone number of buyer and seller;ii. Permit number of seller; and iii. Number and species of turtles in shipment.2. Permittees may have turtles transported by their authorized representatives if accompanied with a true bill of lading or bill of sale as described above.C. It is unlawful for alligator snapping turtle breeder/dealer permittees to fail to report by the 15th of each month, either electronically or on forms supplied by the Commission, a legibly completed, itemized transaction record of all alligator snapping turtles purchased, sold, bartered, traded, transferred, or lack thereof during the prior month. This transaction record shall include the names, addresses and phone numbers of all persons involved in the sale, purchase, barter, trade, or transfer of alligator snapping turtles.D. To be eligible to renew any commercial aquatic turtle permits, permittees must submit reports monthly even if it shows zero take or transactions for the month. PENALTY: Class 2; Second offense shall result in the revocation of the permit.
34.08Possession Of Fish By Aquatic Turtle Harvesters ProhibitedIt is unlawful for permitted aquatic turtle harvesters to sport fish or possess fish in the same waters where the permittee is engaged in turtle trapping.
EXCEPTIONS:
A. Rough fish caught in turtle traps may be retained for use as bait on the waters where the fish were caught.B. If hoop nets or box-type traps are baited with fish, only rough fish may be used.C. Fish farmers on their permitted facilities.PENALTY: Class 2; Second offense shall result in revocation of the Aquatic Turtle Harvest Permit.
34.09Taking Or Possession Or Possession Of Alligator Snapping Turtle ProhibitedIt is unlawful to kill, take, attempt to take, or possess alligator snapping turtles, their eggs, or other parts from the wild.
EXCEPTIONS:
A. A legally-acquired alligator snapping turtle may be possessed for display and educational purposes by written authorization approved by the Commission. Such authorizations specifically do not allow for the propagation, sale, or exchange of these turtles in any form without written authorization from the Commission.B. In compliance with Code 34.11.C. Fish farmers for immediate relocation and release of alligator snapping turtles removed from their permitted facilities.PENALTY: Class 3
34.10Take Of Chicken Turtles And Razorback musk Turtles ProhibitedIt is unlawful to kill, take, or attempt to take chicken turtles (Deirochelys reticularia) and razoarback musk turtles (Sternotherus carinatus), their eggs or other parts from the wild.
EXCEPTION: Chicken turtles in legal possession as of January1, 2006, and their progeny thereafter in compliance with Codes 34.02, 34.04.
PENALTY: Class 2
34.11Importation Of Alligator Snapping Turtles Razorback musk Turtles, And ChickenTurtles ProhibitedIt is unlawful to import alligator snapping turtles, razorback musk turtles, or chicken into Arkansas.
PENALTY: Class 3
31.12Take And Possession Of Aquatic Turtles For Personal Consumption RestrictedIt is unlawful to take or attempt to take aquatic turtles with recreational fishing tackle or by hand.
EXCEPTION: A holder of a valid Sportfishing License may, for personal consumption, take and possess up to 6 of any combination of live or dressed Common Snapping Turtles (Chelydra serpentina) and Spiny Softshell Turtles (Apalone spinifera).
002.01.22 Ark. Code R. 014
Adopted by Arkansas Register Volume 47, Number 12, Effective 12/19/2022