002.00.12 Ark. Code R. 015
Proposed Miscellaneous Code Revisions
Committee: Regulations Date: September 19, 2012
Explanation:
[BULLET] Code 05.32-The current language used in deals only with a person violating an AGFC regulation involving the consumptive use (illegally taking, attempting to take, possessing, buying, or selling of wildlife). There are several regulations where Officers could apply this and it be the correct code to charge a person with. The examples below involve a person who drives a vehicle for another person, but does not ever get out of the vehicle to be actively involved with committing a violation of the regulation. A person drives a vehicle never getting out and the passenger (1) dumps trash or litter on a WMA, (2) unloads ATV's for subjects to ride on a WMA and picks them up later at another location, (3) is pulling a trailer loaded with feral hogs that are released by the passenger on a WMA. This proposed change will allow the driver to be charged with Aiding, Accompanying or Abetting Prohibited in these violations which has a Class 1 Penalty and carries 6 violation points.
[BULLET] Code 06.11-This code will ban the use of all military ball and full metal jacket ammunition for hunting any type of wildlife. This type of ammunition is not designed for hunting and does not expand to create a clean and humane taking of wildlife with a firearm. It will include all full metal jacket ammunition and military ammunition such as tracers, and armor piercing. Currently it is banned for deer and bear hunting but not for furbearer and elk. By creating this code it will be banned for the taking of all wildlife and also prohibit a hunter from having this type of ammunition in their possession. It will be referenced in the deer, bear, furbearer, and elk codes also attached, (codes also affected 06.02, 06.07, 06.09 and 06.10)
[BULLET] Codes/Addenda 05.05, 17.01, 20.10, G1.01 -Oneida Victor Ltd Inc. recently contacted the state of Arkansas requesting that the word "Conibear" be removed from all state laws and regulations in order to protect their ability to defend this trademarked term. The Conibear was one of the first models of body-gripping traps to reach the market and many states, including Arkansas, used that term when describing such traps in their regulations. In order to comply with this request we are proposing that "Conibear" be replaced with "body-gripping trap" in applicable codes.
[BULLET] Addenda C1.01-When the 2012-2013 General Hunting Regulations package was approved during the April 2012 Commission meeting, there was a typographical error for the modern gun permit hunt on Wedington WMA. The Code of Regulations says December 10-11, 2012. However, the correct date is November 10-11, 2012. Attached is a proposed code for consideration to change the month to November.
[BULLET] Code 20.07-ln order to collect hunter use data from the Sweet Sixteen WMAs, hunters are required to obtain a free use permit prior to any hunting or trapping activity on these WMAs. This proposed code modification will eliminate the need for youth hunters, less than 16 years of age, to obtain this permit. Many youth hunters do not have an email address or proper identification to complete the survey, and this change would reduce the amount of needed paperwork and requirements for youth hunters.
Prepared by: David Goad
It is unlawful to shoot from or across any public road, or to hunt within 100 feet from the center of any such road. It also is unlawful to hunt or shoot from or across the main west levee of the Mississippi or Arkansas rivers from the Louisiana-Arkansas state line to the intersection of Arkansas Highway 11 north of Grady, Lincoln County, Arkansas. There shall be a rebuttable presumption that a person is hunting from a public road or levee if he points, aims, shoots or attempts to shoot a firearm or other killing device in a direction in which wildlife is present or likely to be present, including shooting at a wildlife decoy. EXCEPTIONS:
It is unlawful to aid, accompany or abet another in ee
eeee the violation of Arkansas Game and Fish Regulations. PENALTY: Class 1
MODERN GUN DEER SEASONS
[BULLET] Prohibited muzzle loading firearms (Code 06.03);
[BULLET] Any .410 shotguns using ammunition other than slugs;
[BULLET] Any shotguns using shot smaller than No. 4 buckshot;
[BULLET] Handguns having barrels shorter than 4 inches using conventional straight-wall cased handgun calibers less than .357 caliber or bottleneck-case handgun calibers less than .22 caliber;
[BULLET] Rifles and handguns using rimfire cartridges, in compliance with Code 06.11;
[BULLET] Any centerfire rifle or handgun smaller than .22 caliber.
[BULLET] Shotguns (.410 or larger) with slugs only;
[BULLET] Legal muzzleloading long guns (Code 06.03);
[BULLET] Handguns having barrels between 4 and 10 inches in length and chambered specifically for straight-wall centerfire cartridge cases and hunting with lead and, lead alloy, soft-nose and/or hollow-point bullets no less than .30 caliber.
EXCEPTION:
In compliance with Code 05.19.
PENALTY: Class 1
FURBEARERS
It is unlawful to hunt furbearers with any rifled slug or shot size larger than No.
T, or with any rifle or handgun ammunition other than rimfire ammunition of .22 caliber or smaller. EXCEPTIONS:
PENALTY: Class 1
It is unlawful to hunt bear with killing devices other than those in compliance with Codes 06.02-04 and 06.11. EXCEPTIONS:
It is unlawful to hunt elk with:
compliance with Code 06.11. EXCEPTION:
In compliance with Code 05.19. PENALTY: Class 1
It is unlawful to hunt wildlife with, or have in possession while hunting wildlife the
following types of ammunition.
It is unlawful to possess or use any cable-restraining device (snare) or trap during open furbearing animal seasons (Addendum A1.05) without complying with the following restrictions:
Animal matter, including meat, skin, bones, feathers, hair or any other solid substance that used to be part of an animal, may not be used as bait within 20 feet of a trap set, unless it is adequately covered to prevent it being seen from above. The cover also must withstand wave and wind action or other normal environmental conditions that could cause the bait to become visible.
It is unlawful to take or attempt to take wildlife during an open season on certain WMAs without first obtaining the required permit (Codes 20.16; 20.17 and Addendum Chapter CI.00) and as specified below:
and U of A Pine Tree Experimental Station WDA.
PENALTY: Class 1
It is unlawful to shoot across, or to hunt within 100 feet from the center line of any city,
county, state or federal maintained road open to public vehicular traffic on WMAs. It is unlawful to shoot across, or to hunt within 100 feet from the center line of any privately maintained road which is open to public vehicular traffic and falls under the control of the Commission through ownership, lease, cooperative agreement, conservation easement or memorandum of understanding on WMAs. It is unlawful to place or leave any stand, blind or other hunting apparatus with the intent of hunting from any of these roads or railroad rights-of-way on WMAs. In addition to other evidence introduced in a prima facie case of road hunting, there shall be a rebuttable presumption a person is "hunting" if the person points, aims, shoots or attempts to shoot a firearm or other killing device from a said road or railroad right-of-way in a direction in which game or other wildlife is present or likely to be present (including shooting at a game or wildlife decoy). EXCEPTIONS:
WEDINGTON WMA
Archery: Sept. 15. 2012-Dec. 31. 2012.
Muzzleloader: Closed.
Modern Gun (special youth hunts): Nov. 3-4. 2012 and Jan. 5-6. 2013.
Modern Gun (permit hunt): DecrNov. 10-11.2012.
Seasonal limit of two deer; no more than one legal buck. No more than one legal buck or up to two does may be taken with archery tackle. No more than one buck or one doe may be taken during the modern gun permit hunt. Limit during the modern gun special youth hunt is one deer, buck (no antler restrictions) or doe, this is not a bonus deer and will count towards the seasonal limit (Codes 20.02; 21.02).
The following general requirements shall apply with respect to all Depredation Permits:
002.00.12 Ark. Code R. 015