002.01.23 Ark. Code R. 028

Current through Register Vol. 49, No. 10, October, 2024
Rule 002.01.23-028 - 01.00-B - Duties And Authorities of Wildlife Officers
01.00General Information
01.00-A Amendment No. 35
01.00-B Duties And Authorities Of Game Wardens
01.00-C Definition Of Terms
01.00-D Confiscation And Seizure
01.00-E Statute of Limitations and Conviction Defined
01.00-F Prima Facie Evidence
01.00-G Burden Of Proof For Violation Exceptions
01.00-H Restitution
01.00-I Penalties Upon Conviction
01.00-J Enhanced Penalties
01.00-K Point System For Violations of Commission Regulations
01.00-L Denial, Suspension, Or Revocation Of Licenses, Permits, Tags, And Stamps
01.00-M Reward System
01.00-N Exemption While Performing Official Duties
01.00-O Closure Of Public Access And/Or Zones Due To Emergency Condition
01.00-P No Liability For Wildlife Damages
01.00-Q Interstate Wildlife Violator Compact

Game Wardens shall be commissioned by the Commission and shall have the right to apprehend persons detected of violating any of the laws or regulations of the State enacted for the protection of game, fish, furbearing animals and other wildlife, and to take such offenders before any court having jurisdiction in the county where such offense is committed. Game Wardens shall be authorized to serve all processes issued by a court of competent jurisdiction relating to the enforcement of all laws and regulations pertaining to game, fish, furbearing animals, and other wildlife of the State; to go upon any property outside of private dwellings, posted or otherwise, in the performance of their duties; to carry firearms while performing duties; and to conduct searches with or without a warrant according to law. Additionally, Game Wardens lawfully present in any place may, in the performance of their duties, stop and detain any person who they reasonably suspect is, or recently has been, involved in any hunting, fishing, or trapping activity to conduct an administrative inspection to determine whether the person is in compliance with the laws and regulations of the State enacted for the protection of game, fish, furbearing animals, and other wildlife. Game Wardens may request that the person stopped and detained immediately surrender the following items for inspection: all killing devices, licenses, permits, tags, stamps, check sheets, ice chests, game bags, game vests, wildlife, fishing tackle, equipment used for hunting or fishing, or containers that can reasonably hold wildlife (Code 05.30).

Sheriffs, constables and other law enforcement officers certified by the State of Arkansas, and special agents and employees of the U.S. Fish and Wildlife Service, National Park Service and U.S. Forest Service who have been authorized to enforce laws and regulations administered by the U.S. Department of the Interior or U.S. Department of Agriculture shall, upon request by the Commission and upon proper oath or affirmation, have authority to make arrests, searches and seizures for violations of State game and fish laws and regulations. They shall serve without compensation from the Commission in the discharge of those duties. Game Wardens may be appointed as special agents by the U.S. Fish and Wildlife Service and shall have the additional authority conferred upon them by that agency. They shall serve without extra compensation in the discharge of those duties.

002.01.23 Ark. Code R. 028

Adopted by Arkansas Register Volume 48, Number 07, Effective 6/29/2023