002.01.22 Ark. Code R. 048

Current through Register Vol. 49, No. 9, September, 2024

Rule 002.01.22-048 - 09.01 - Possession of Certain Wildlife in Captivity Prohibited

Code Book

The regulations in this Code Book are hereby adopted by the Arkansas State Game and Fish Commission under authority of Amendment 35 to the Constitution of the State of Arkansas. All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

09.01Possession 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:

A. RESERVED.

B. Persons possessing and holding captive wildlife in compliance with Chapter 09.00.

C. 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 Chapter J1.00.

D. RESERVED.

E. 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.

PENALTY: Class 2

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

B. 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.

C. 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.

D. 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.

002.01.22 Ark. Code R. 048

Adopted by Arkansas Register Volume 47 Number 07, Effective 6/27/2022