002.01.23 Ark. Code R. 029

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

Rule 002.01.23-029 - 03.10 - Acceptable Proof Of License, Permit, Stamp And Education Certificate

A. When any Commission regulation requires a person to carry a Commission-issued license, permit, stamp, or hunter education or boater certificate "on the person," possession of any of the following will be sufficient to establish compliance:

1. a physical or an electronic copy of said Commission-issued license, permit, stamp, or hunter education or boater education certificate; or

2. a Commission-issued Conservation Card that is linked to the required license, permit, stamp, or hunter education or boater education certificate.

B. For purposes of this regulation, "electronic copy" shall mean an electronic image produced on a person's own cellular phone or other type of portable electronic device that clearly displays and accurately reproduces all of the information found on a Commission-issued license, permit, stamp, or hunter education or boater education certificate.

C. For a state migratory waterfowl hunting stamp, an electronic copy of a person's Commission-issued hunting license coded DSR or DSN, or a Commission-issued Conservation Card linked to same, will be sufficient to establish compliance with Code 03.05

D. For Federal Migratory Bird Hunting E-Stamp, an electronic copy of a person's Commission-issued hunting license coded FDE, or a Commission-issued Conservation Card linked to same, will be sufficient to establish compliance with Code 03.10 for up to 45 days from the date of purchase of the Federal Migratory Bird Hunting E-Stamp.

E. For a Snow, Blue, or Ross's Goose Registration Permit, the following will be sufficient to establish compliance with Code 04.04:

1. an electronic copy of a person's Commission-issued hunting license coded with the Snow, Blue, or Ross's Goose Registration Permit number;

2. separate electronic copies of both a person's Commission-issued hunting license and a person's Commission-issued Snow, Blue, or Ross's Goose Registration Permit; or

3. a Commission-issued Conservation Card linked to one of the previous options.

F. The presentment of proof of an electronic copy of a Commission-issued license, permit, stamp, or hunter education or boater education certificate does not:

1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or

2. Expand or restrict the authority of a Game Warden to conduct a search or investigation.

EXCEPTIONS:

A. Neither a Commission-issued Conservation Card nor electronic proof of tags shall be sufficient to establish compliance with any Commission regulation requiring a person to carry a Commission-issued tag "on the person."

B. Neither a Commission-issued Conservation Card nor electronic proof of a Federal Migratory Bird Hunting Stamp coded DFS shall be sufficient to establish compliance with Code 10.03. A Federal Migratory Bird Hunting Stamp coded DFS must be possessed on the person in its original form and signed before harvesting waterfowl. See Code 10.03.

C. Neither a Commission-issued Conservation Card nor electronic proof of a Federal Migratory Bird Hunting E-Stamp coded FDE shall be sufficient to establish compliance with Code 10.03 beyond 45 days from the date of purchase. After 45 days from the date of purchase, the Federal Migratory Bird Hunting Stamp must be possessed on the person in its original form and signed to continue harvesting waterfowl. See Code 10.03.

D. Neither a Commission-issued Conservation Card nor electronic proof shall be sufficient to establish compliance with Chapter 09.00 or Code 10.02.

002.01.23 Ark. Code R. 029

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