002.01.22 Ark. Code R. 053

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

Rule 002.01.22-053 - 09.11 - Importation of Certain Living 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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

09.11Importation 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:

A. Wildlife exchanged with other states by the Commission.

B. RESERVED.

C. 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.

D. 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; or

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.

E. 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; or

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.

F. RESERVED.

G. 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 properly 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.

H. Individuals must provide prior notification to the Wildlife Management Division before any live cervid can be moved through the State of Arkansas.

I. 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.

J. Accredited members of the Association of Zoos and Aquariums.

PENALTY: Class 3

A. 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 01.00-D).

B. 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.

C. 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.

002.01.22 Ark. Code R. 053

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