002.01.22 Ark. Code R. 102

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

Rule 002.01.22-102 - F1.02 Game Bird Shooting Resort Requirements

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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

F1.02Game Bird Shooting Resort Requirements

A. Game Bird Shooting Resort Permits may be issued to applicants complying with the following requirements:

1. The applicant must be at least 18 years old and shall not have been convicted of, or entered a plea of guilty or nolo contendere for,violating any federal, state or municipal law governing captive wildlife, illegal appropriation or commercialization of wildlife, or cruelty to animals within 5 years of application date.

2. The applicant shall provide to the Commission, in writing, proof from the county judge or sheriff and any municipal planning commission or board with jurisdiction, stating the applicant's resort shall be in compliance with all local ordinances.

3. The applicant shall submit a written application (available from the Commission) for each facility to be permitted.

B. The requested permit shall be denied if:

1. The applicant fails to meet any of the issuance criteria set forth in this addendum chapter;

2. The applicant fails to disclose material information required, makes false statements as to any material fact in connection with the application, or supplies false information or makes a false statement on the application;

3. The Commission finds, through further inquiry or investigation, the issuance of the permit may be potentially harmful to the wildlife resources of the State.

C. Permit Requirements:

1. Holders of a Game Bird Shooting Resort Permit shall comply with the following requirements:

i. The resort operator shall release only the number of game birds intended to be harvested each day, less the number of birds released but not harvested the previous hunt;

ii. RESERVED.

iii. All acreage in the shooting resort will be contiguous and not exceed 1,500 acres;

iv. The perimeter of each game bird shooting resort must be posted at least every 300 feet with yellow signs marked with "Game Bird Shooting Resort" in black letters at least 4 inches tall.

v. Other conditions set forth in the Game Bird Shooting Resort Permit.

D. Reporting and Record-Keeping Requirements:

1. Owners or operators of game bird shooting resorts must keep legible and complete records (on forms provided by the Commission) showing the name and current address of each hunter, the date, number and type of birds released each day and the number taken by each hunter.

2. Records shall include evidence of legal possession of all wildlife kept under this permit, including licenses, bills of sale, bills of lading, receipts, invoices or other satisfactory evidence of ownership. Records shall include the date of acquisition, place of origin, and the name, address and telephone number of the person from whom the wildlife was acquired.

3. Records must be retained throughout the time the wildlife is possessed by the permittee or for five years, whichever is longer.

4. Permit holders shall submit a completed Game Bird Shooting Resort Daily Release and Harvest Report (form available from the Commission) by May 1.

5. Stock shall only be acquired from either a Commission-permitted Wildlife Breeder/Dealer or have been brought into the state in accordance with a Commission Wildlife Importation Permit. Permits will not be issued to and existing permits may be revoked for facilities that have acquired stock by any other method.

E. Disease Testing and Control:

1. The director of the Commission, in consultation with the director of the Arkansas Livestock and Poultry Commission, or their designees, shall determine mechanisms and procedures for control of diseases and parasites in captive wildlife within Arkansas. Such mechanisms and procedures shall include, but not be limited to, examination, testing, quarantine and slaughter or destruction of individual animals and/or herds or flocks that are, or in the opinion of the Commission may be, infected with a disease or parasite that may have significant detrimental effect on native wildlife, other captive wildlife, livestock or the public health of the citizens of Arkansas.

2. Examinations, testing, quarantine and slaughter of captive wildlife shall be conducted at the expense of the owner. As a condition of any permit issued under this addendum chapter, the Commission may require the captive wildlife be quarantined for a period specified by the Commission.

F. Facility and Caging Requirements:

1. Birds possessed in captivity shall be maintained in buildings or covered pens that prevent escape, protect the birds from injury and prevent entry of wild birds.

2. Enclosures shall be kept in good repair at all times and gates shall be securely fastened with latches or locks.

3. Permit holders whose facilities, including enclosures, are not in compliance with this addendum chapter shall correct the violation within 10 days of notification, or sooner if so ordered by the Commission.

4. If the violation has not been corrected within the required time, the Commission may revoke or suspend any existing permit and may refuse to issue any future permit. Such revocation, suspension or refusal to issue a future permit shall be in addition to any criminal charges that may be filed.

5. All wildlife shall be maintained in humane and healthy conditions.

G. Harvest Identification Requirements: Any person in possession of game birds harvested from a game bird shooting resort shall have on his person written information stating the name and address of the hunter who harvested the game birds, the number, species and harvest date of the game birds, and the name and address of the resort.

H. Inspection:

1. Permit holders shall allow agents of the Commission to enter and inspect the premises, including books, records or permits required to be kept and any wildlife and/or facilities kept under authority of permit.

2. Each permittee shall pen the captive wildlife in suitable pens and restrain them for inspection, at a reasonable time, when requested to do so by an agent of the Commission.

I. Permit Renewal, Expiration, Transfer, Suspension and Revocation:

1. Persons in violation of the terms of this permit, this addendum chapter, Commission Codes, or convicted of violating associated regulations of the U.S. Fish and Wildlife Service, shall be notified in writing and shall have 20 days to respond with just cause as to why their permit should not be suspended or revoked.

2. If after 20 days just cause has not been given, the Commission may suspend or revoke any existing permit held by the violator and may refuse to issue future permits. Permit suspension, revocation or refusal shall be in addition to any criminal charges that may be filed.

3. Upon revocation, permit holder must remove by legal means all captive wildlife within the time designated in the revocation, not to exceed 60 days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder's expense.

4. Should the permit holder choose not to renew the permit the permit holder must either euthanize or sell to a legal buyer any remaining stock other than what may be kept in accordance with Codes 09.02 or 09.14(B) before the permit expires.

002.01.22 Ark. Code R. 102

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