002.01.22 Ark. Code R. 050

Current through Register Vol. 49, No. 10, October, 2024

Rule 002.01.22-050 - 09.03 - Release of Wildlife 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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

09.03Release Of Wildlife Prohibited

It is unlawful to release wildlife from, captivity without prior written approval from, the Commission. Birds, other than ratites, that are not kept in buildings or covered pens shall be considered to have been released from captivity. 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:

A. Captive-raised northern bobwhite, ring-necked pheasant, and chukar may be released in compliance with a Game Bird Shooting Resort Permit.

B. Native wildlife, other than mountain lions, may be released on private land in compliance with a Commission Wildlife Rehabilitation Permit or a U.S. Fish and Wildlife Rehabilitation Permit or in accordance with Code 05.10 Exception B.

C. Persons may be permitted on a temporary basis to possess, hold captive and release raccoon, fox, coyote, captive-reared mallards, pen-raised northern bobwhite, chukar or ring-necked 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 Bird Dog Training Permit or Retrieving Dog Training Permit (for captive-reared mallards) and/or receiving written approval from. the Chief of Wildlife Management.

D. In compliance with (Code 09.15).

PENALTY: Class 3

A. 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.

B. 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.

002.01.22 Ark. Code R. 050

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